Written Answers Nos. 419-433
419. Deputy Claire Kerrane asked the Minister for Social Protection if supports are available for a person suffering with fibromyalgia who is working part-time and suffers with mobility and chronic pain; and if she will make a statement on the matter. [21753/23]
Amharc ar fhreagraMy Department provides a suite of income supports for those who are unable to work due to illness or disability. Entitlement to these supports is generally not contingent on the nature of the illness but on the extent to which a particular illness impairs or restricts a person’s capacity to work.
Illness Benefit is the primary income support payment for people who are unable to attend work due to illness of any type and who are covered by Pay Related Social Insurance contributions. It is payable for up to two years, depending on satisfying the eligibility conditions.
If a person has insufficient Pay Related Social Insurance contributions, they can apply for a means-tested social assistance scheme, for example, Disability Allowance. Eligibility for the scheme includes the requirement that the disability must be expected to last for at least one year, and substantially restrict a person’s ability to work.
Disability Allowance has been designed to support people to enter or return to employment, be that self-employment or insurable employment. When an individual commences employment, the first €165 of their weekly earnings is fully disregarded for the purpose of the means test. In addition, where their weekly earnings exceed €165, 50% of earnings between €165 and €375 per week are also disregarded for the purpose of the means test.
Where a person with a disability is in employment and requires a more accessible workplace or adapted equipment to do the job, the Workplace Equipment/Adaptation Grant is available towards the costs of adapting premises or equipment. A maximum grant of €6,350 can be given towards the cost of adaptations to premises or equipment. Applications in excess of this sum are considered on an individual basis up to a maximum of €9,523 if specialist training for assistive technology is required.
My Department does not distinguish in relation to illnesses. Every application for the Department's schemes are individually assessed, based on the medical information provided by healthcare providers and the claimant.
I trust that this clarifies the matter for the Deputy.
420. Deputy Robert Troy asked the Minister for Social Protection if a person in receipt of a disability allowance can enter full-time education and maintain their disability allowance payment. [21765/23]
Amharc ar fhreagraMy Department provides a wide range of income supports for people who are unable to work due to illness or disability.
Disability Allowance is a means-tested payment for people with a disability, aged between 16 and 66 years, who are habitually resident in Ireland. Eligibility for the scheme includes the requirement that the disability must be expected to last for at least one year, and substantially restrict a person’s ability to work.
Person's in receipt of Disability Allowance can undertake further educational opportunities without it affecting their social welfare entitlement.
If a person is eighteen or over, and is in receipt of Disability Allowance for the required period and attending a full-time second level or level course at a recognised school or college, they may be able to avail of the Back to Education Allowance Scheme.
Where a person on Disability Allowance takes part in a Solas/ETB training course, they transfer from their social welfare payment to a Training Allowance, though continue to be paid at the same rate.
I trust this clarifies the matter for the Deputy.
421. Deputy Michael Ring asked the Minister for Justice what was and is the statutory basis and authority for the application of FEMPI reductions to the remuneration of a sector (details supplied) in Ireland; and if he will make a statement on the matter. [21054/23]
Amharc ar fhreagra422. Deputy Michael Ring asked the Minister for Justice noting that a previous Minister for Justice gave a commitment to a society (details supplied) four years ago that the Government would remove and reverse the reductions in the remuneration imposed on them, when those reductions in their remuneration will be reversed; and if he will make a statement on the matter. [21056/23]
Amharc ar fhreagraI propose to take Questions Nos. 421 and 422 together.
The Coroner Service provides an important service to next of kin and society in general in seeking to explain the causes of death in those instances which are reportable by law.
Payments are made to Coroners by the Local Authority with responsibility for each District, with the exception of Dublin, on the basis of a basic retainer and a fee per item.
The fee reductions referred to formed part of the overall measures taken by Government at the time to reduce costs, including in respect of professional fees paid. All Coroners were advised of the reductions by letter In April 2009.
Departmental officials, at the request of the Coroner Society of Ireland, are currently considering the Coroners Society’s request to restore coronial fees to their pre-April 2009 levels. Restoration of the previous rate of fees requires consultation with the Departments of Public Expenditure and Reform, the Department of Housing, Heritage and Local Government and the Local Authorities which fund Coroners outside of the Dublin district.
423. Deputy Mark Ward asked the Minister for Justice the plans that are in place to address the issues raised by an organisation (details supplied) in relation to persons with serious mental health problems detained in prisons; and if he will make a statement on the matter. [21063/23]
Amharc ar fhreagraAs the Deputy will be aware, the Programme for Government commits to considering the mental health and addiction treatment of persons imprisoned and primary care support on release. This commitment reflects the fact that the healthcare needs of vulnerable, sometimes seriously ill, people who interact with the criminal justice system are complex and require whole of systems consideration and urgent action.
In fulfilment of this commitment, the report and recommendations of the High Level Task Force established to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector (HLTF) were published in September 2022.
The implementation plan published alongside the final report, assigns ownership for each of the recommendations and their expected delivery time-frames. The plan recognises that some recommendations can be achieved quickly (within the next 18 months), while others require a longer lead-in time and are accordingly categorised as medium-term (within the next 3 years) or long-term (within the next 5 years).
Let me assure the Deputy that my Department is committed to working with colleagues in the Department of Health to advance these reforms.
A Steering Committee (co-chaired by senior officials from the Department of Justice and the Department of Health) is overseeing progress on the recommendations.
In addition to the work of the High Level Task Force, the commitment to better mental health care within the criminal justice system was reflected in the provision of over €2m in additional funding under Budget 2022 for the Prison Service to improve mental health services.
The Deputy may also be aware of the Health Needs Assessment Steering Group, which was established in 2018, following a memorandum of understanding between the then Minister for Justice and Minister for Health. It has taken forward an independent review of the current and future delivery of appropriate provision of healthcare services to people in custody.
The Health Needs Assessment, both for the Irish Prison Service as a whole and for the 12 individual prisons within the Prison Service estate, commenced in November 2019 and was undertaken by independent consultants Crowe Ireland. The report is now completed and both I and Minister for Health expect to publish it shortly.
It is intended that that progress on implementation will be overseen by a Steering Committee comprising representatives from the Departments of Justice and Health, Irish Prison Service and the HSE.
424. Deputy Patrick Costello asked the Minister for Justice if he will review the Landlord and Tenant (Amendment) Act 1980, specifically around the use of clauses by owner management company barring sale of apartments to a local authority, health board, housing authority or government agency (details supplied); and if he will make a statement on the matter. [21079/23]
Amharc ar fhreagraAny such changes would have to be carefully considered, in consultation with the Minister for Housing, Local Government and Heritage, and guided by the Government’s wider housing policy.
From the details supplied by the Deputy it would appear that the clauses referenced are restrictive covenants that form an integral part of the agreements under which the owners bought apartments under a very long lease, from the developer.
As such, these covenants appear to form part of the title under which each purchaser agreed to buy an apartment, which may give rise to binding rights and obligations between each owner and other owners, as well as between each owner and the freehold owner.
Disputes in relation to covenants are a private matter between the parties involved which relate to their property rights and binding agreements entered into by the parties.
425. Deputy Ciarán Cannon asked the Minister for Justice if officials from his Department are using an application (details supplied) to conduct business; if his Department has had official meetings regarding the use of the application by officials; if his Department has assessed the risk of using the application by Department officials and the input of Government-related data into the application; if his Department is using or is considering using other forms of artificial intelligence; if his Department is considering banning the use of the application by Department officials; and if he will make a statement on the matter. [21102/23]
Amharc ar fhreagraI wish to inform the Deputy that there is no specific Departmental policy on use of the technology mentioned or other forms of artificial intelligence, however in carrying out their duties there is an onus on all civil servants to ensure their decisions are fair, impartial and in line with the Civil Service Code of Standards and Behaviour.
The technology mentioned does not currently form part of my Department’s technical architecture. Any changes to this architecture are subject to approval through a governance process.
426. Deputy Thomas Pringle asked the Minister for Justice if he will report on how people in prison access specialist supports on sexual assault trauma; and if he will make a statement on the matter. [21130/23]
Amharc ar fhreagra427. Deputy Thomas Pringle asked the Minister for Justice if he will report on what data is available on the number of women in the Dóchas Centre who have experienced sexual violence; and if he will make a statement on the matter. [21131/23]
Amharc ar fhreagra428. Deputy Thomas Pringle asked the Minister for Justice if he will report on the reason voluntary supports from rape crisis centres are no longer available in the Dóchas Centre, Mountjoy unit; and if he will make a statement on the matter. [21132/23]
Amharc ar fhreagraI propose to take Questions Nos. 426 to 428, inclusive, together.
I have requested the information sought from the Irish Prison Service but unfortunately it was not available within the timeframe allowed. I will follow up directly with the Deputy as soon as the information is available.
429. Deputy Colm Burke asked the Minister for Justice the action his Department is taking to reduce the eight-month waiting time for the processing of visa application appeals; and if he will make a statement on the matter. [21133/23]
Amharc ar fhreagraI can advise the Deputy that there are seven overseas visa offices that process appeals for visa applications. They are located in Abuja, Beijing, London, Moscow, Ankara, Abu Dhabi and New Delhi. Appeals are also processed in the Dublin Visa Office of my Department. All appeals are processed in chronological order, based on date order of receipt. The processing time at each office is determined by a number of factors such as the volume and complexity of appeals, whether investigation is required or not, individual circumstances, peak application periods, seasonal factors, and the resources available. All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the immigration website. Applicants that follow these guidelines have an improved prospect of receiving a positive decision at first instance. The visa process has a crucial role to play in supporting economic activity in the State through facilitation of tourism from emerging markets, promotion of Ireland as a destination for international education, facilitating those coming here for business and work, etc. As with all visa services worldwide, the central concern in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time not placing unnecessary or unreasonable obstacles in the way of intending visitors. New decisions are published on the visa pages of each of the seven overseas visa offices and processing times and decisions at the Dublin Visa Office can be checked at the following page which is updated each Tuesday: www.irishimmigration.ie/visa-decisions/
430. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí by rank and GSOC officers by rank who have been sanctioned, suspended and dismissed for unauthorised use and-or misuse of the Garda PULSE system in 2020, 2021, 2022 and to date in 2023. [21162/23]
Amharc ar fhreagraAs the Deputy will be aware under the Garda Síochána Act 2005 (as amended), the Garda Síochána Ombudsman Commission (GSOC) is independent in the performance of its functions. Under the same act, the Garda Commissioner is responsible for the management of An Garda Síochána, including all matters relating to discipline. As Minister I have no direct role in these matters.
However, to be of assistance I sought the information requested by the Deputy from the respective organisations and have been informed by GSOC that it has had no officers sanctioned, suspended and dismissed for unauthorised use or misuse of the Garda pulse system in 2020, 2021, 2022 and to date in 2023.
Furthermore, I have been informed by the Garda authorities that the following table shows Garda members suspended for unauthorised use or misuse of the Garda pulse system in 2020, 2021, 2022 and to date in 2023.
|
Year |
2020 |
2021 |
2022 |
2023 to date |
|
Number |
0 |
4 |
1 |
0 |
Note: Rank is not provided as to do so might lead to the identification of members.
An Garda Síochána have also advised that the following table shows Garda members disciplined for unauthorised and or misuse of the Garda pulse system in 2020, 2021, 2022 and to date in 2023.
|
Year |
2020 |
2021 |
2022 |
2023 to date |
|
Number |
0 |
0 |
0 |
0 |
I am further advised that the number of Garda members sanctioned for unauthorised use or misuse of the Garda pulse system in 2020, 2021, 2022 and to date in 2023 is not available as this information is not held centrally.
431. Deputy Catherine Murphy asked the Minister for Justice the number of data access requests that An Garda Síochána, GSOC and CAB have made to telecommunications and social media companies in the past three years to date in 2023, under the Communications (Retention of Data) Act 2011; the number of access requests that were approved and declined by the companies that the data was requested from; and the reason the data was sought. [21163/23]
Amharc ar fhreagraI have sought the information requested by the Deputy, and will contact her again when this is to hand.
|
Year |
2020 |
2021 |
2022 |
2023 (to 5 May |
|
Trace Requests made under the Communications (Retention of Data) Act 2011 |
1000 |
1031 |
888 |
193 |
|
Subscriber Requests |
3856 |
190 |
265 |
98 |
|
IP Requests under the Communications (Retention of Data) Act 2011 |
71 |
27 |
20 |
8 |
432. Deputy Carol Nolan asked the Minister for Justice if he will list all reviews of Acts carried out by his Department in line with the provisions of the Act question from 2000 to date; if a summary will be provided of any substantive amendments of the Act in question that occurred on foot of each review and the amending legislation, if any, in each case; and if he will make a statement on the matter. [21188/23]
Amharc ar fhreagraIt has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
|
Act Reviewed |
Summary of Amendment |
|
Act Reviewed |
Summary of Amendment |
|
Defamation Act 2009 |
Section 5(1) of the Defamation Act 2009 provides for a review by the Minister of the Act’s operation, not later than 5 years after the passing of the Act. The Review has been completed, and its Report was published on the Department of Justice website on 1 March 2022. On 28 March 2023, the Minister published the General Scheme of the Defamation (Amendment) Bill, which proposes to give effect to the recommendations of the Review. The General Scheme has been referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. The main changes provided under the General Scheme are set out at: www.gov.ie/en/press-release/2488e-minister-harris-publishes-draft-legislation-to-reform-irelands-defamation-laws/ |
|
Personal Insolvency Act 2012 |
Section 141 of the Personal Insolvency Act 2012 required a review of the operations of Chapter 3 of the Act within three years. This review is expected to be completed soon. Significant amendments were made to the Act in 2013, 2015 and 2021. |
|
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 |
Section 95 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 provides for a review of the operation of Part 10 of the Act to be carried out within 6 years of commencement of section 95. A review is currently in progress and is at an early stage. |
|
Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 |
Section 61(1) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (the 2015 Act) sets out a statutory requirement for a review to be carried out of the operation of the amendments to the Garda Síochána Act 2005 made by the 2015 Act in relation to the Policing Authority. This statutory review is required to be commenced not later than 5 years after the establishment of the Authority and, under Section 62(2) of the 2015 Act, must be completed within 1 year of commencement, with a report of the findings to be prepared thereafter. The Policing Authority was established on 1 January 2016, meaning that the review had to be completed by 31 December 2021. Section 61(3) of the 2015 Act requires the Minister for Justice, in consultation with the Minister for Public Expenditure and Reform, to prepare a report setting out the review’s findings. Section 61(4) of the 2015 Act provides that this report be laid before each House of the Oireachtas as soon as practicable. The review of the operation of the amendments was, in effect, incorporated into the comprehensive review of all aspects of policing (including the totality of the governance and oversight arrangements) undertaken by the Commission on the Future of Policing in Ireland (COFPI) established by the then Government in May 2017. COFPI published its report (http://www.policereform.ie/) in September 2018. COFPI recommended a new framework of policing oversight in Ireland in which all the parts would have clear and distinct roles, founded on a clear delineation between democratic accountability, internal governance of An Garda Síochána and independent external oversight. Amongst its specific recommendations was the creation of a new independent external oversight body to replace the Policing Authority and the Garda Síochána Inspectorate. This successor body would merge the existing broad ranging oversight functions of the Policing Authority and the inspection functions of the Garda Síochána Inspectorate. COFPI’s recommendations were accepted by the then Government in December 2018. In consequence a Bill to provide for a new coherent governance and oversight framework for policing to replace the 2005 Act (as amended) in full – including the creation of an independent oversight body to succeed both the Policing Authority and the Garda Síochána Inspectorate – has been prepared. This Bill – the Policing, Security and Community Safety Bill – went through Committee Stage in the Oireachtas on 9th May 2023. As required by Section 61(3) of the 2015 Act, a report setting out the findings of the 2018 COFPI report as they relate to the operation of the amendments made to the Garda Síochána Act 2005 by the 2015 Act in relation to the Policing Authority was prepared in 2022. Finalisation of the report was delayed due to the constraints caused by the Covid 19 pandemic. In line with section 61(4) of the 2015 Act, Report of the Review of the Operation of the Amendments of the Garda Síochána Act 2005 made by the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 insofar as those amendments relate to the Policing Authority was laid before both Houses of the Oireachtas on 14 November 2022. |
|
Criminal Law (Sexual Offences) Act 2017 |
Section 27 of the Criminal Law (Sexual Offences) Act 2017 provides for the review of the operation of Part 4 of the Act to be carried out within three years of commencement. This review is ongoing. |
|
Data Protection Act 2018 |
Section 31 of the Data Protection Act 2018 fulfils the requirement of Article 8 of GDPR to establish a digital age of consent. Section 31(1) of the legislation set the age at 16, Section 31(3) of the Act states that the Minister shall commence a review of the operation of subsection (1). This review is currently underway. |
433. Deputy Carol Nolan asked the Minister for Justice the number of asylum applications refused from 2016 to 2022 on the grounds that the applicant had already applied for asylum in another country, contrary to the Dublin Convention; and if he will make a statement on the matter. [21199/23]
Amharc ar fhreagraThe State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments very seriously.
My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.
Regulation (EU) No 604/2013 (Dublin III Regulations), came into force on 19 July 2013, and lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application.
In practical terms, the Dublin Regulation determines which EU Member State is responsible for examining an international protection application. It is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application. The making of a transfer decision under the EU Dublin Regulation is not a deportation order.
Consideration as to the application of the Dublin Regulation is carried out within the International Protection Office once a person has sought protection and persons whose case has been determined under the Regulation are entitled to a full appeal of that determination to the International Protection Appeals Tribunal. In practice, and in keeping with the experience of all Member States, effecting transfers under the Regulation is challenging, and reforming these arrangements therefore forms a key part of the ongoing discussions at EU level with respect to agreeing a new Migration and Asylum Pact.
The following table sets out the number of people subject to a Transfer Order that was effected.
|
Year |
Applicants subject to a Transfer Order and transferred to another EU Member State |
|
2016 |
0 |
|
2017 |
1 |
|
2018 |
5 |
|
2019 |
2 |
|
2020 |
1 |
|
2021 |
3 |
|
2022 |
3 |
|
2023 |
0 |
|
Totals |
15 |
