Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 14 May 2024

Written Answers Nos. 411-431

Departmental Staff

Ceisteanna (411)

Sorca Clarke

Ceist:

411. Deputy Sorca Clarke asked the Minister for Social Protection the number of WTE staff by grade working in the local debt recovery unit of her Department as of 7 May 2024. [21413/24]

Amharc ar fhreagra

Freagraí scríofa

Overpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005 (as amended). Customers who have been overpaid social welfare have a liability to refund the overpayment as they have been in receipt of a payment to which they were not entitled.

The Department has a central debt unit of 28 staff that deal with recovery of overpayments from customers who are not in receipt of a social welfare payment. This unit is made up of 1 Assistant Principal, 3 Higher Executive Officers, 10.5 Executive Officers and 13.5 Clerical officers.

Customers, with overpayments, who are in receipt of a social welfare payment, are dealt with by the relevant scheme area or INTREO office, depending on the scheme or locality. All staff in these scheme areas and INTREO offices may be involved in recovery of overpayments.

I trust this clarifies the matter for the Deputy.

Departmental Data

Ceisteanna (412)

Pádraig O'Sullivan

Ceist:

412. Deputy Pádraig O'Sullivan asked the Minister for Social Protection further to Parliamentary Question No. 976 of 17 January 2024, if it has an independent company with a service level agreement with the funder, the Citizens Information Board; if the Citizens Information Service has control to set and review their employees’ salary scales; and if she will make a statement on the matter. [21473/24]

Amharc ar fhreagra

Freagraí scríofa

The Citizens Information Board (CIB) is the statutory body under the aegis of my Department with responsibility for supporting the provision of information, advice and advocacy on a wide range of public and social services.

CIB delivers these functions primarily through funding 22 Service Delivery Companies. These Service Delivery Companies are independent Companies Limited By Guarantee that are governed by voluntary Boards of Directors.

CIB has a Service Level Agreement with each of the eight Citizens Information Service (CIS) companies and with the Citizens Information Phone Service.

Under these Service Level Agreements, the CIS companies agree that the terms and conditions by which staff are to be employed, including salary scales, are as set out in the CIS Staff Handbook. Under these Agreements, the CIS companies also agree to be members of a national Employer/Union Forum.

Through their participation in the national Employer/Union Forum, the CIS companies agree, review and amend nationally the CIS Staff Handbook, with the agreement of CIB, as funder of the companies.

Pension Provisions

Ceisteanna (413)

Cian O'Callaghan

Ceist:

413. Deputy Cian O'Callaghan asked the Minister for Social Protection if she will outline, in relation to the pension auto-enrolment scheme, how maternity leave and people with caring responsibilities where they may be in part-time employment due to these responsibilities will be treated under the scheme; if there is provision to account for these people (the majority of whom are women) who will not reap the benefit of having a full-time employer under the scheme; if measures will be introduced to prevent people from being at a disadvantage for not being part of the AE scheme; and if she will make a statement on the matter. [21478/24]

Amharc ar fhreagra

Freagraí scríofa

The introduction of an automatic enrolment (AE) retirement savings system is a Programme for Government commitment and a key priority for me as Minister for Social Protection. Implementation of the AE system is well underway, with the Automatic Enrolment Retirement Savings System Bill 2024 now having completed Committee Stage in the Dáil and a tender process to contract for administration services being well advanced. Enrolment of the first participants is expected to commence in January 2025.

Enrolment into the scheme will be based on age and earnings thresholds, together with whether or not an employee is currently covered by a supplementary pension savings arrangement. The employment status of an individual (e.g., whether the employee is full-time or part-time) will not be a determining factor in enrolment determinations, i.e. a person working part-time may be automatically enrolled.

The AE system will be a highly automated, payroll-based system that will operate on the basis of deductions from employees' earnings, transmitted to the new National Automatic Enrolment Retirement Savings Authority (NAERSA) by employers through their payroll systems. Where an employer continues to pay an employee while they are on leave, contributions from the employee and the employer will continue to be made and topped up by the State. However, periods of unpaid leave from employment, for whatever reason, are not covered by the system.

Similar challenges prevail in the current supplementary pension system (i.e. in either occupational or private pension schemes), which continues to be the root cause of the gender pension gap. Ireland is not unique in this sense as the same problem is experienced in all other OECD countries to different extents. Accordingly, it isn't possible for the new AE system to provide a comprehensive solution to issues relating to maternity cover and the gender pension gap, alone among all other pension funds, and at the outset of the system's existence. Nevertheless, it is envisaged that the new Authority will investigate ways to implement a mechanism to make up for periods of unsalaried leave once the AE system has bedded down, and within the broader context of pensions policy more generally.

Finally, it should be noted that the State’s record on maternity cover is already very good when the State Pension provisions and other social welfare payments are taken into account with ESRI research on gender, pension and income in retirement finding no consistent evidence of a gender State Pension gap.

I hope this clarifies matters for the Deputy.

Social Welfare Appeals

Ceisteanna (414)

Brendan Griffin

Ceist:

414. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an invalidity pension appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [21544/24]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 16 April 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers have been received in the Social Welfare Appeals Office on 2 May 2024 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

School Meals Programme

Ceisteanna (415)

James O'Connor

Ceist:

415. Deputy James O'Connor asked the Minister for Social Protection the position regarding inclusion of school (details supplied) in the hot school meals programme for the coming school year; and if she will make a statement on the matter. [21618/24]

Amharc ar fhreagra

Freagraí scríofa

The objective of the School Meals Programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement. Following the expansion of the programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.

I am committed to continuing to expand the School Meals Programme and building further on the significant extension of the programme that has taken place in recent years. As part of this significant expansion plan, all remaining primary schools were contacted last year and requested to submit an expression of interest form if their school is interested in commencing the provision of hot school meals.

Expressions of interests were received from over 900 primary schools in respect of 150,000 children and late last year these schools were invited to participate in the Hot School Meals Programme from 8th April 2024.

My officials advise me that the school referred to by the Deputy did not express an interest at the time in response to the initial call, under which 900 schools now being included in the programme. This school and the remaining primary schools who have not yet joined the scheme have been contacted since my announcement on 15th April, to express an interest to receive Hot School Meals from September 2024. This school has responded and confirmed their expression of interest in joining the scheme.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (416)

Duncan Smith

Ceist:

416. Deputy Duncan Smith asked the Minister for Social Protection if she will confirm having received the required information as sought from a person (details supplied) in order to have their eligibility for disability allowance fully reviewed and awarded; and if she will make a statement on the matter. [21658/24]

Amharc ar fhreagra

Freagraí scríofa

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

I confirm that my Department received an application for DA from the person concerned on 9 November 2023. As their initial application did not contain all the information required to determine their eligibility for DA, an information request letter was sent to the person concerned on 17 November 2023, to supply this supporting documentation. I can confirm that an initial response was received on 22 November 2023.

A further information request was sent on 31 January 2024, requesting further information in relation to transactions on the bank statement. Based on the information received, it was still not possible for the Deciding Officer (DO) to complete a means assessment of this application without additional information.

I can confirm that, on 5 March 2024, additional financial statements were submitted by the person concerned. As a result of details included in this submission, a further information request had to be issued to the person concerned on 11 March 2024, requesting them to supply details of specific transactions on their financial statements. The information request allowed the person,14 days to provide the required information in order to determine the eligibility for DA.

As the person concerned failed to supply the requested information, their means could not be determined, and the claim was disallowed on this basis. The person concerned was notified of the decision in writing on 8 April 2024 and advised of their entitlement to request a review and/or to appeal the decision to the Social Welfare Appeals Office (SWAO). They were also reminded about the outstanding documents required to determine their means.

I can confirm that, on 29 April 2024, additional information was submitted by the person concerned. The application was referred to a Social Welfare Inspector (SWI) on 9 May 2024, for a report on the person’s means and circumstances. Once the SWI has submitted their report to the DA Section, a decision will be made on the DA application and the person concerned will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

Departmental Data

Ceisteanna (417)

Peadar Tóibín

Ceist:

417. Deputy Peadar Tóibín asked the Minister for Social Protection for a breakdown, by county, of the number of times persons in receipt of carer's allowance had their allowance stopped in each of the past ten years, and to date in 2024. [21678/24]

Amharc ar fhreagra

Freagraí scríofa

Carer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that, as a result, they require that level of care.

In order to qualify, applicants must show that they are habitually resident in the State, that their means are less than the statutory limit, that they are providing full-time care and attention, and that the person being cared for requires that level of care.

Please see table below for a breakdown, by county, of the number of times persons in receipt of CA had their allowance stopped in each of the past ten years, and to date in 2024.

County

2013

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

2024 (to April 2024)

Carlow

90

95

101

94

101

91

107

100

102

147

148

55

Cavan

87

93

77

105

99

116

83

98

118

133

126

42

Clare

164

126

147

140

160

143

186

160

173

195

205

65

Cork

645

625

695

654

698

670

743

686

734

858

916

358

Donegal

267

280

281

288

300

275

290

283

314

310

401

122

Dublin

1036

1048

1233

1137

1196

1183

1350

1242

1356

1632

1755

759

Galway

322

292

343

300

366

316

371

343

355

403

421

170

Kerry

237

203

237

221

212

215

209

237

270

283

315

124

Kildare

208

199

186

196

219

185

222

214

267

316

285

130

Kilkenny

97

94

107

128

110

102

119

124

115

158

155

44

Laois

108

87

92

117

104

109

121

113

129

155

154

61

Leitrim

59

53

66

81

75

62

64

51

62

80

76

28

Limerick

283

271

304

281

328

318

318

286

358

382

394

160

Longford

89

83

88

86

92

89

89

91

99

112

104

58

Louth

128

144

165

152

187

188

173

187

218

244

238

103

Mayo

216

204

216

228

244

210

223

223

222

242

266

105

Meath

166

164

188

159

185

180

208

208

206

273

287

104

Monaghan

80

74

76

57

81

77

69

75

76

96

87

40

Offaly

118

105

151

115

135

139

133

140

168

164

176

87

Roscommon

97

78

95

129

121

103

134

100

121

125

137

60

Sligo

91

82

100

110

115

116

103

105

104

128

128

51

Tipperary

257

239

249

283

231

268

310

244

280

373

382

142

Waterford

141

146

172

156

135

159

183

169

162

184

245

95

Westmeath

121

122

128

133

153

129

131

126

176

188

204

84

Wexford

240

184

268

227

261

247

278

241

287

342

345

141

Wicklow

136

125

143

139

163

140

150

154

194

194

230

98

Total

5,483

5,216

5,908

5,716

6,071

5,830

6,367

6,000

6,666

7,717

8,180

3,286

A payment for CA may stop if a customer no longer meets the eligibility criteria for the scheme. This may follow a notification from the customer or be the result of a review of eligibility initiated by my Department.

The following are examples of some of the reasons that would result in a CA payment being stopped:

• The person requiring care has been admitted to a Nursing Home / Hospital

• The carer is no longer providing full time care

• The carer has returned to work in excess of 18.5 hours per week

• The carer failed to supply the required information to establish continued entitlement to CA

• The carer or the care recipient is deceased

• The means of the carer are in excess of the statutory limit

• The carer is no longer resident in the state

• The care recipient no longer meets the medical criteria

I hope this information is of assistance.

Social Welfare Appeals

Ceisteanna (418)

Peadar Tóibín

Ceist:

418. Deputy Peadar Tóibín asked the Minister for Social Protection for a breakdown, by county, of the number of times persons who were initially refused disability allowance were successful on appealing the decision in each of the past ten years, and to date in 2024. [21679/24]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

Table 1 below table shows a breakdown by county of the number of disability allowance appeals finalised by the Social Welfare Appeals Office in each of the past ten years and to the end of April 2024. Table 2 shows the number of such appeals that were successful in each of those years by county.

Table 1

DA Appeals Finalised by County

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

2024

Total

County

Antrim

1

1

Armagh

1

1

Carlow

80

75

92

65

77

76

107

86

78

95

19

850

Cavan

92

62

42

71

72

70

108

77

72

78

15

759

Clare

138

94

98

108

89

96

135

79

106

141

20

1104

Cork

670

716

596

500

647

601

899

599

538

548

110

6424

Donegal

226

172

157

136

143

177

254

155

162

154

50

1786

Down

1

1

Dublin

1537

1265

989

987

991

1121

1510

1141

1145

1119

243

12048

Fermanagh

1

1

Galway

272

266

184

178

181

323

309

228

223

223

61

2448

Kerry

184

218

143

140

167

188

198

209

153

186

36

1822

Kildare

230

164

135

151

124

221

254

197

164

189

52

1881

Kilkenny

76

72

59

73

55

105

123

95

97

86

16

857

Laois

85

77

59

68

84

107

124

82

76

89

25

876

Leitrim

28

36

28

15

35

24

54

38

30

26

5

319

Limerick

385

249

214

217

217

303

324

220

232

231

61

2653

Longford

71

49

46

63

60

83

86

44

66

67

16

651

Louth

176

143

107

212

149

188

228

155

162

166

39

1725

Mayo

153

124

102

68

107

88

198

96

99

159

20

1214

Meath

212

126

97

133

130

133

212

156

146

154

27

1526

Monaghan

60

52

56

48

44

55

83

47

38

34

6

523

Offaly

89

118

72

119

88

106

133

116

87

118

17

1063

Roscommon

67

59

42

56

52

70

83

59

66

57

14

625

Sligo

88

63

60

66

63

68

80

56

46

60

4

654

Tipperary

227

212

134

136

152

194

246

232

197

195

41

1966

Waterford

167

156

104

120

118

133

196

150

160

154

30

1488

Westmeath

101

108

103

106

92

161

149

105

118

119

22

1184

Wexford

192

179

193

123

195

237

298

188

164

206

37

2012

Wicklow

146

73

98

88

67

109

150

123

124

122

24

1124

Total

5753

4928

4010

4047

4199

5037

6541

4733

4550

4778

1010

49586

Table 2

DA Successful Appeals by County

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

2024

Total

County

Carlow

56

50

77

58

60

52

69

61

41

46

4

574

Cavan

60

41

22

48

47

44

59

43

35

40

6

445

Clare

98

62

68

81

63

73

85

50

67

79

8

734

Cork

437

468

404

343

477

422

570

348

301

327

43

4140

Donegal

129

113

103

86

98

111

152

91

92

84

24

1083

Down

1

1

Dublin

1123

828

716

699

743

723

902

598

588

604

93

7617

Fermanagh

1

1

Galway

179

159

121

136

135

208

196

140

117

122

20

1533

Kerry

116

167

96

110

118

131

139

118

92

103

18

1208

Kildare

158

123

109

110

82

153

175

116

96

93

22

1237

Kilkenny

52

57

42

55

42

76

77

48

55

45

5

554

Laois

56

52

35

45

47

82

75

48

41

37

8

526

Leitrim

18

27

22

10

30

15

40

29

16

10

2

219

Limerick

282

182

147

163

165

236

235

135

138

139

23

1845

Longford

42

37

34

46

42

57

53

26

34

39

8

418

Louth

119

81

70

167

103

110

124

79

90

90

13

1046

Mayo

102

92

66

51

69

54

128

53

48

83

13

759

Meath

127

90

73

104

100

83

133

84

79

80

12

965

Monaghan

40

37

40

31

30

32

44

25

20

24

2

325

Offaly

59

90

45

84

55

61

79

61

46

71

5

656

Roscommon

45

44

34

42

32

48

58

32

38

34

4

411

Sligo

58

45

33

52

49

49

48

31

22

37

3

427

Tipperary

155

143

92

114

124

131

143

157

116

109

18

1302

Waterford

110

119

75

89

100

100

107

95

84

86

13

978

Westmeath

56

80

69

75

68

92

87

64

61

58

6

716

Wexford

138

129

148

93

156

179

197

98

81

107

11

1337

Wicklow

106

51

70

79

49

81

110

84

71

73

11

785

Total

3922

3367

2811

2971

3084

3403

4085

2714

2470

2620

395

31842

From 2014 to the end of April 2024, a total of 163,320 disability allowance claims were awarded by the Department. The 31,842 successful appeals in this period therefore represents 19.5% of the total number of claims awarded.

I trust this clarifies the matter for the Deputy.

Employment Rights

Ceisteanna (419)

Ged Nash

Ceist:

419. Deputy Ged Nash asked the Minister for Social Protection if any State, semi-State or commercial semi-State agency under the aegis of their Department is aware of any cases of bogus self-employment in any bodies under their remit from 2020 to 1 May 2024; if they will outline if there are currently any cases from such agencies or bodies currently before the SCOPE section of the Department of Social Protection for investigation or determination; if there are any SCOPE findings and recommendations relating to any agencies or bodies under their remit where SCOPE has found in favour of the worker, and where they recommended the reclassification of the workers’ employment status to that of direct employee between 2020 and 1 May 2024; if they will provide information on the numbers involved and the names of the individual agencies and bodies in all cases; and if she will make a statement on the matter. [21699/24]

Amharc ar fhreagra

Freagraí scríofa

The following bodies operate under the aegis of my Department; The Citizens Information Board, The Pensions Authority, The Pensions Council and The Social Welfare Tribunal.

There are no cases relating to the above bodies currently before Scope Section of the Department of Social Protection, for investigation or determination.

Scope Section did not make any employment misclassification decisions involving the above bodies during the period referred to by the Deputy.

It is important to note that cases of misclassification of employment do not always involve a deliberate or fraudulent misclassification of an employee as self-employed and therefore it is not appropriate to use the term ‘bogus self-employment.’

I trust this clarifies matters for the Deputy.

Social Welfare Appeals

Ceisteanna (420)

Bernard Durkan

Ceist:

420. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for invalidity pension in the case of a person (details supplied); and if she will make a statement on the matter. [21713/24]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 8 March 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 11 March 2024.

The case was referred to an Appeals Officer on 8 April 2024, who will in due course make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

If the Appeals Officer decides that an oral hearing is required, the person concerned will be notified of a time and place, either in-person or by digital means.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (421)

Bernard Durkan

Ceist:

421. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review can be undertaken into the recent decision to offer a reduced rate of disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [21731/24]

Amharc ar fhreagra

Freagraí scríofa

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. A disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and Habitual Residency conditions.

I confirm that my Department received an application for DA from the person concerned on 17 January 2024. The person concerned has been awarded DA with effect from 20 March 2024 and the first payment was made by their chosen payment method on 24 April 2024. They were notified of this decision in writing on 30 April 2024 and were given the right to review and or appeal this decision.

Their DA payment was not backdated to the date of the receipt of the application, as it was more financially beneficial to them to retain their higher rate of Illness Benefit for that period.

Means have been calculated based on their spouse’s employment earnings and after allowable disregards were applied. They have been assessed with means of €353.76. This results in a weekly DA payment of €38.50. Arrears of payment due from 20 March 2024 to 23 April 2024 have issued to the person concerned.

The person concerned subsequently sought an appeal of the decision dated 30 April 2024, by way of an email dated 9 May 2024. This request for an appeal in her case was forwarded immediately to the Social Welfare Appeals Office. The Social Welfare Appeals Office will write directly to the person concerned once an appeal has been opened in her case.

Following a review of the means, it was found that the disregard for Union Fees paid should also be applied in this case. This resulted in an amended means of €350.76 and their weekly payment increased to €41.00 with effect from the 20 March 2024. Arrears from 20 March 2024 to 23 April 2024 have been issued to the person concerned. The person concerned was notified of this decision in writing on 10 May 2024 and of their right to request a review or appeal of this decision.

I trust this clarifies the matter for the Deputy.

Gender Recognition

Ceisteanna (422)

Róisín Shortall

Ceist:

422. Deputy Róisín Shortall asked the Minister for Social Protection the reason Irish nationals who are not ordinarily resident in the State and who do not hold any of the documents specified in section 9(1)(a) of the Gender Recognition Act 2015 are precluded from applying for a gender recognition certificate (details supplied); the rationale for their exclusion; and if she will make a statement on the matter. [21755/24]

Amharc ar fhreagra

Freagraí scríofa

Section 9 of the Gender Recognition Act 2015 sets out the conditions which a person is required to meet in order to qualify for a gender recognition certificate.

The applicant must meet one of the following three qualifying criteria;

• Their birth or adoption is registered in the State,

• They have become an Irish citizen by having their birth registered in the Foreign Births Register maintained by the Minister for Foreign Affairs , or

• They are ordinarily resident in the State.

The application process was set up to cater for applicants born in the State, born abroad but ordinarily resident in the State and born and living abroad but with an entry in the Foreign Births Register.

It was felt that these criteria were sufficiently broad to facilitate a wide range of people to apply.

I trust this clarifies the matter for the Deputy.

Departmental Advertising

Ceisteanna (423)

Carol Nolan

Ceist:

423. Deputy Carol Nolan asked the Minister for Social Protection the total costs incurred by her Department from 2019 to date relating to the placing of advertisements in print media; the names of the print media publications involved, in tabular form; and if she will make a statement on the matter. [21872/24]

Amharc ar fhreagra

Freagraí scríofa

The Department of Social Protection is committed to ensuring that members of the public are fully aware of the welfare supports and services available to them.Public information campaigns, including advertising in print media, are an important part of this work.

The costs of print media advertising for my Department for each of the years 2020 to date is outlined below in tabular form. Please note these figures exclude VAT, ASAI and agency fees.

Year

2020

2021

2022

2023

2024*

Total

€702,813.65

€779,953

€376,014

€442,202.66

€167,650.99

* Amount paid to date in 2024.

The spend per channel breakdown is not available for 2019, but total advertising spend for that year was €845,761.29. Please note this figure includes VAT and fees.

A list of all print media publications is not available. All campaigns are developed carefully in collaboration with our media buyer using the best mix of media formats to ensure that messages target members of the public effectively.

Visa Applications

Ceisteanna (424, 456, 462)

Paul Murphy

Ceist:

424. Deputy Paul Murphy asked the Minister for Justice if she is aware of a case of a person (details supplied); if she will expedite the visa application so the person can join their family in Ireland and escape the dangers being faced in Gaza. [21963/24]

Amharc ar fhreagra

Aengus Ó Snodaigh

Ceist:

456. Deputy Aengus Ó Snodaigh asked the Minister for Justice if she is aware of the case of a Palestinian woman (details supplied); and if she will take the required steps to facilitate her passage to be reunited with her parents and siblings in Ireland. [21484/24]

Amharc ar fhreagra

Bríd Smith

Ceist:

462. Deputy Bríd Smith asked the Minister for Justice if she is aware of the case of a person (details supplied) who has been forcibly displaced four times in Gaza after the building in which they lived was completely destroyed and whose parents and siblings in Ireland are desperate for the person to join them; if she and her Government colleagues will implement special measures in fast-tracking visa applications, similar to the fast-tracking of visa applications for Ukrainian refugees, for Palestinians who urgently want to join family here; if she will expedite the person’s visa application as a matter of priority; and if she will make a statement on the matter. [21623/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 424, 456 and 462 together.

I am acutely aware of the grave humanitarian crisis in Gaza and my Department is working closely with colleagues in the Department of Foreign Affairs to ensure a coordinated national response to this volatile and evolving situation. This includes their work to evacuate Irish citizens and their families who may require visa assistance.

My Department is in regular contact with the Embassy of Ireland in Israel regarding a number of visa applications, from residents of Gaza, the West Bank and Lebanon. The Embassy are actively engaging with the applicants to gather the required documents to ensure that the Visa Division of this Department have everything needed progress these applications.

I can inform the Deputy that following full consideration by a Visa Officer, the visa application referred to was refused. A letter issued to the applicant on 18 March 2024 outlines the reasons for this refusal.

An appeals process is available which allows applicants, in the event of a refusal of the application at first instance, to address the factors which gave rise to that decision.

I can advise the Deputy that the Visa Division of my Department are awaiting essential documentation in relation to an appeal of the decision to refuse this application. The appeal cannot be processed until this is received.

When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh. The applicant will find further details on the appeals process at the following link: www.irishimmigration.ie/appeal-a-negative-decision/.

Immigration Policy

Ceisteanna (425)

David Stanton

Ceist:

425. Deputy David Stanton asked the Minister for Justice if there is a pathway for people from Ukraine who are currently living and working here under the EU Temporary Protection Directive to avail of a more permanent arrangement granting them a right to remain; and if she will make a statement on the matter. [21183/24]

Amharc ar fhreagra

Freagraí scríofa

The Temporary Protection Directive , which provides immediate protection in EU countries for people displaced by the Russian invasion of Ukraine, was extended to March 2025 at a meeting of the European Council last September. As of Sunday 05 May 2024, a total of 106,617 people have been granted temporary protection in Ireland.

I can advise the Deputy that it is open to all beneficiaries of temporary protection to avail of any existing immigration permission provided that they meet the relevant criteria, subject to the same conditions as all other third country nationals. However, it is not possible to hold more than one immigration permission at the same time.

Discussions on the arrangements for beneficiaries of temporary protection after March 2025, when the Directive is no longer active, are ongoing, both within the Government and at an EU level, in recognition of the need for certainty for beneficiaries of temporary protection in the EU.

However, at this point in time, it is too early to say with certainty what arrangements will be in place in March 2025. The Deputy will appreciate that I cannot pre-empt future discussions and decisions of either the EU or the Government. I expect, however, that the prevailing conditions in Ukraine will be a significant influence on any decisions taken, and these clearly remain highly uncertain.

The Government supports the strong call from EU Member States for a harmonised approach to Temporary Protection post March 2025, beyond a merely coordinated approach. Such an approach is needed to avoid overburdening national international protection systems, which was a key factor in the decision to activate the Temporary Protection Directive in response to the war in Ukraine.

Finally, I can assure the Deputy that beneficiaries of Temporary Protection continue to avail of the protections that the Directive provides.

Citizenship Applications

Ceisteanna (426)

Robert Troy

Ceist:

426. Deputy Robert Troy asked the Minister for Justice whether there are specific arrangements in place for British nationals who have been married and working in Ireland for many years to apply for Irish citizenship; and if he will clarify the cost in applying for citizenship in such a case. [21221/24]

Amharc ar fhreagra

Freagraí scríofa

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals and people granted International Protection where the requirement is 3 years. In all cases, the final 12 months must be continuous residence in the State with up to 70 days allowed to facilitate foreign travel for business family or holiday purposes.

It is open to any individual to lodge an application for naturalisation if and when they are in a position to meet the statutory conditions as specified in the Irish Nationality and Citizenship Act 1956, as amended, and pay the appropriate fees.

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee is €175.

A certification fee of €950 is then required following a positive decision being reached on the naturalisation application.

The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee.

The State has not increased the fees for naturalisation applications since 2011.

There is no provision in the Regulations for a discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities, or based on the length of residency in the State.

All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by my Department. However, there are no current plans to amend the fees.

Detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/

Citizenship Ceremonies

Ceisteanna (427)

Michael Ring

Ceist:

427. Deputy Michael Ring asked the Minister for Justice the number of citizenship ceremonies that have taken place since 1 January 2022 to date; the dates of said citizenship ceremonies; the location of said citizenship ceremonies; the number of people were granted citizenship at each citizenship ceremony, in tabular form; and if she will make a statement on the matter. [21226/24]

Amharc ar fhreagra

Freagraí scríofa

Citizenship ceremonies were first introduced in 2011 and have been universally well received, marking the grant of Irish citizenship in a solemn, dignified and appropriate manner.

Attendance at a Citizenship Ceremony remains the primary avenue for the granting of Irish citizenship. The Oath of Fidelity to the nation and the declaration are taken before a Presiding Officer appointed by the Minister for Justice.

The information sought by the Deputy is provided in the table below.

Year

Date

Ceremony

No of Ceremonies

Total Attended

2022

20-Jun-22

INEC - Killarney

2

914

2022

05-Dec-22

INEC - Killarney

3

2,558

2022

06-Dec-22

INEC - Killarney

1

863

2023

10-Mar-23

RDS

2

1,362

2023

19-Jun-23

INEC - Killarney

2

1,588

2023

20-Jun-23

INEC - Killarney

2

1,908

2023

02-Oct-23

Convention Centre

3

2,661

2023

18-Dec-23

Convention Centre

3

2,995

2023

19-Dec-23

Convention Centre

3

2,758

2024

26-Feb-24

NCH - Dublin

2

1,258

I am pleased to advise the Deputy that the next Citizenship Ceremonies will take place on 10 and 11 June 2024 at the INEC Killarney and also on 20 and 21 June at the Convention Centre Dublin.

Invitations to successful applicants will be begin to issue shortly.

Information on Citizenship Ceremonies is available on my Department’s website here: www.irishimmigration.ie/how-to-become-a-citizen/citizenship-ceremonies/

All invitees attending a Citizenship Ceremony should ensure that they have an up to date IRP Card that provides details of their permission to remain in the State on the date of the ceremony.

An Garda Síochána

Ceisteanna (428)

Peadar Tóibín

Ceist:

428. Deputy Peadar Tóibín asked the Minister for Justice the number of staff, by rank, in the Garda National Immigration Bureau in each of the past three years. [21227/24]

Amharc ar fhreagra

Freagraí scríofa

It has not been possible to collate and examine all the information requested by the Deputy in the time available. I will write to the Deputy directly once the information is to hand.

The following deferred reply was received under Standing Order 51.
I refer to Parliamentary Question No. 428 of 14 May 2024 when you sought: “The number of staff, by rank, in the Garda National Immigration Bureau in each of the past three years.”
As you will recall, I sought the information from the Garda authorities and undertook to contact you again once the information was to hand.
As you will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters. As Minister, I have no role in these matters, nor can I direct the Commissioner with regard to them.
I can, however, assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented provision of over €2.35 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.
As you are aware it is intended that my Department will assume responsibility for registrations nationwide, the transfer is expected to be substantially completed within the next 12 months. This will free up to 100 Gardaí to focus on other core policing duties, which will include deportations and other aspects of immigration enforcement. This is separate, but complimentary to the work done by GNIB.
The tables below, provided to me by the Garda authorities, outlines the number of staff, by rank, assigned to the Garda National Immigration Bureau in each of the past three years. Please note that additional data is not provided in cases where the requested figures are fewer than 10. In these cases the personnel referenced may be identifiable to the general public, thus posing a potential risk to their safety. Furthermore, An Garda Síochána, along with fellow Government Departments and public bodies, is bound by existing Data Protection legislation; the release of figures fewer than 10 has the potential to compromise the protection and privacy of individuals employed by An Garda Síochána and moreover constitute a breach of this legislation and the General Data Protection Regulation (GDPR).
Garda National Immigration Bureau

Chief Super-intendent

Super

Inspector

Sergeant

Garda

Total

April 2024

<10

<10

<10

<10

79

96

2023

<10

<10

<10

<10

81

96

2022

<10

<10

<10

<10

84

99

Higher Executive Officer

Executive Officer

Clerical Officer

Total

April 2024

<10

<10

18

22

2023

<10

<10

17

22

2022

<10

<10

16

20

I hope this information is of assistance.

Departmental Data

Ceisteanna (429, 437)

Seán Haughey

Ceist:

429. Deputy Seán Haughey asked the Minister for Justice the number of people convicted of sex offences involving minors in 2022, 2023 and to date in 2024, by county, in tabular form; the number of those convicted who received a fully suspended sentence; and if she will make a statement on the matter. [21240/24]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

437. Deputy Peadar Tóibín asked the Minister for Justice the number of cases that have come before the DPP in relation to sexual offences involving children, in each of the past three years; the number of those that came before court; the number which resulted in a custodial sentence; the number who secured a conviction but where a custodial sentence was not received; if those convicted with or without a custodial sentence have re-offended, in tabular form; and if she will make a statement on the matter. [21301/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 429 and 437 together.

As the Deputy will be aware, management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

To be of assistance to the Deputy, I have referred his question to the Court Service for direct reply.

Similarly, the Director of Public Prosecutions (DPP) is fully independent in her functions under the Prosecution of Offences Act 1974 (as amended). The Office of the DPP is not an agency or body under my remit as Minister for Justice and, as I have no role in the operations, functions, oversight or governance of the Office of the Director, I am unable to provide any statistics related to the work of the DPP.

Departmental Data

Ceisteanna (430)

Catherine Murphy

Ceist:

430. Deputy Catherine Murphy asked the Minister for Justice the number of people with a Dublin Regulation positive match on EURODAC in the past 12 months, by month, in tabular form; and the number of Dublin Regulation transfers effected in the corresponding period. [21248/24]

Amharc ar fhreagra

Freagraí scríofa

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. The Dublin Regulation is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application.

In practice, and in keeping with the experience of all Member States, the Dublin III Regulations have not been effective in Ireland.

The Eurodac database enables the comparison of fingerprints and assists in determining the country responsible for the assessment of an asylum claim presented in one of the Member States. The Eurodac annual report is drawn up pursuant to Article 40(1) of the Eurodac Regulation and provides an overview of statistical data on the use of the system by the Member States. The statistical data for the time period requested has not yet published by EU-Lisa, and is not otherwise available in a verifiable format from national records.

I can, however, advise the Deputy that between April 2023 and April 2024, 246 transfer decisions were taken by the IPO under the Dublin Regulation.

Number of Transfer Decisions

Month/Year Taken

21

April 2023

13

May 2023

18

June 2023

17

July 2023

24

August 2023

12

September 2023

14

October 2023

21

November 2023

16

December 2023

22

January 2024

18

February 2024

21

March 2024

29

April 2024

246

TOTAL

As the Deputy will be aware, it is possible for applicants to appeal transfer decisions, and the vast majority do so. As a consequence many of the above transfer decisions are currently under consideration by IPAT. It is also important to note that after the IPO and IPAT have completed their work, Ireland makes ‘transfer requests’ under the regulation to the Member State in question, which can result in the request being declined. There are other reasons why transfers will not go ahead including legal challenge, material change in the person's personal circumstances, or the person leaving the country without advising the IPO.

These factors all form part of the widely recognised limitations of the current Dublin arrangements and are reflected in the number of effected transfer between April 2023 and April 2024.

Number of Dublin III Transfer *

Year

3

2023*

2

2024*

* Between April 2023 and April 2024.

**Figures correct at time of issue and may be subject to data cleansing.

The difficulties associated with the current Dublin arrangements are one of the important considerations for Ireland in opting in the EU Migration Pact

The overall objective of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations.

The Asylum and Migration Management Regulation (AMMR) which will replace the Dublin III Regulation, provides, inter alia, for streamlined criteria and reduced timeframes for determining the Member State responsible for determining an asylum application as well as revised rules on transferring responsibility. This will significantly improve the current Dublin system by reducing the administrative burden on the Member States seeking to transfer a person to the Member State responsible for processing the application.

Departmental Data

Ceisteanna (431, 432)

Charles Flanagan

Ceist:

431. Deputy Charles Flanagan asked the Minister for Justice the number of persons deported from the State each month for the first four months of 2024. [21268/24]

Amharc ar fhreagra

Charles Flanagan

Ceist:

432. Deputy Charles Flanagan asked the Minister for Justice the number of orders for deportation from the State made in each month of the first four months of 2024. [21270/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 431 and 432 together.

A deportation order is a legal order to leave the State. Any person who has been ordered to leave the State and fails to do so is committing a criminal offence, and can be arrested without warrant if they come into contact with An Garda Síochána. Such an order remains on the person’s record permanently – it means they cannot enter Ireland again in future, and it will likely also have an impact on their ability to travel to the UK and the EU.

The Garda National Immigration Bureau (GNIB) carries out inquiries to confirm that people have removed themselves from the State, and works closely with my Department to enforce deportations where this is not the case.In addition to the enforced deportations and those that are otherwise confirmed to have left, we know that a much larger number of people will have left the State without being escorted; however, as there are no routine exit checks at Irish borders, it is not possible to accurately quantify this number.Enforced deportation operations are complex and costly. They often involve detailed detection work, detentions in custody, legal challenges, complications with obtaining travel documents, and of course, the cost of flights and related matters. Alternatives to forced removals are therefore typically preferential. Most people ordered to leave the State will comply. Separately, my Department provides assistance through a voluntary return programme to some individuals who will benefit from assistance to reintegrate in their home country; where this type of return is effected, a Deportation Order is not required.

The below table sets out the number of Deportation Orders issued for the first four months of 2024; and the number of Deportation Orders enforced by GNIB.

Year

DOs Issued

Total confirmed Deportations (Other Deportations Confirmed + GNIB Enforced Deports)

Other Deportations Confirmed (1)

DOs enforced by GNIB (2)

Voluntary Returns (3)

Dublin iii Transfers (4)

EU Removals (5)

All Returns

Jan’24

81

7

2

5

22

0

0

29

Feb’24

120

11

3

8

49

1

2

63

Mar’24

63

8

0

8

31

0

2

41

Apr’24(To 30/04/24)

180

12

0

12

34

1

5

52

*Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.*Numbers deported may relate to deportation orders issued in a previous year.

Information has come to hand or by inquiry to the effect that the individual has left the state following receipt of a DO.

Person escorted from the state by the Garda National Immigration Bureau (GNIB).

Persons who availed of the voluntary return programme without getting a deportation order.

Transfer to another EU State to have their application for International Protection examined.

EU Citizen removed from the State under the Free Movement Regulations (generally criminals).

In 2023 the GNIB enforced 52 DOs which is a 100% increase on the 2022 figure of 26 DOs enforced.

In 2023 there were 213 Voluntary Returns (VRs) which is over double the 2022 figure of 91 VRs.

My Department is working closely with the Office of Government Procurement in respect of the tendering process for the supply of charter flight services for Deportation. The intention is for these services to be available later in the year. In the meantime, the removal of people from Ireland (including those being transferred to EU countries and the UK) who do not have a legal right to remain in the country will be carried out by commercial flights.

Additionally, my Department and An Garda Síochána continue to engage intensively on the transfer of certain immigration functions to my Department. In April the registration of immigration residence permissions for counties Meath, Kildare and Wicklow, transferred from An Garda Síochána to my Department, which is already responsible for Dublin. It is intended that my Department will assume responsibility for registrations nationwide, the transfer is expected to be substantially completed within the next 12 months. This will free up to 100 Gardaí to focus on other core policing duties, which will include deportations and other aspects of immigration enforcement.

Roinn