Written Answers Nos. 284-303
284. Deputy Thomas Pringle asked the Minister for Social Protection if she will consider allowing persons with a diagnosis of fibromyalgia and in receipt of disability allowance on this basis, to work minimal hours similar to carer’s allowance, from the point of improving mental health without fear of suffering a loss of entitlements; and if she will make a statement on the matter. [28011/24]
Amharc ar fhreagraMy Department provides a suite of income supports for those unable to work due to illness or disability. These include insurance-based schemes, based on Pay Related Social Insurance (PRSI) contributions, and means-tested social assistance schemes.
Eligibility for the Departments income support schemes, such as Disability Allowance, is not dependent on the nature of the illness or disability. Rather, entitlement to these supports is contingent on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work.
Disability Allowance is a payment for people who are aged between 16 and 66 with an injury, disease or disability that has continued, or may be expected to continue, for at least one year and, as a result of this disability, the person is substantially restricted in undertaking work that would otherwise be suitable. The allowance is subject to a medical assessment, a means test and a habitual residency requirement.
Recipients of Disability Allowance can take up employment or self-employment and may continue to receive their income support.
Disability Allowance is structured to support recipients to avail of work opportunities, be that self-employment or insurable employment. When an individual commences employment, they can avail of an income disregard of €165 per week. In addition, 50% of earnings between €165 and €375 are also disregarded for the purpose of the means test.
The earnings disregard for recipients of Disability Allowance has increased by almost 38% over the last four budgets from €120 to €140 to €165 currently. This enables a person to earn more without having a negative impact on their means tested payment. A person can currently earn up to €165 per week and keep their payment in full and can earn up to €505.10 and keep a small portion of their payment and keep their secondary benefits, if applicable.
I trust this clarifies the matter for the Deputy.
285. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection the number of individuals who have taken up paternity leave in 2023 and to-date in 2024, in tabular form; and if she will make a statement on the matter. [28108/24]
Amharc ar fhreagraMy Department does not hold data on the number of individuals availing of paternity leave, only for those availing of Paternity Benefit. Paternity Benefit is a payment for employed and self-employed people who are on paternity leave from work and covered by social insurance (PRSI). It is paid for 2 weeks and is available for any child born or adopted on or after 1 September 2016. Paternity leave may start at any time within the first 6 months following the birth or adoption placement.
The number of claims awarded for Paternity Benefit by month since January 2023 is shown in Table 1 as follows.
Number of awarded claims for Paternity Benefit, by month.
|
Month |
Claims Awarded |
|
Jan-23 |
2,128 |
|
Feb-23 |
2,110 |
|
Mar-23 |
2,578 |
|
Apr-23 |
1,872 |
|
May-23 |
2,004 |
|
Jun-23 |
2,518 |
|
Jul-23 |
2,188 |
|
Aug-23 |
2,154 |
|
Sep-23 |
2,944 |
|
Oct-23 |
2,078 |
|
Nov-23 |
2,282 |
|
Dec-23 |
2,255 |
|
Jan-24 |
2,313 |
|
Feb-24 |
2,726 |
|
Mar-24 |
1,839 |
|
Apr-24 |
2,029 |
|
May-24 |
2,760 |
286. Deputy Eoin Ó Broin asked the Minister for Social Protection what protections or controls are in place to ensure that private landlords in counties where rent levels are lower are not incentivised to displace sitting tenants in order to secure the accommodation recognition payment where such a payment provides a greater return than existing market rent. [28219/24]
Amharc ar fhreagraThe Accommodation Recognition Payment is a monthly payment of €800 available to those who are providing accommodation to a person or people who arrived in Ireland under the EU Temporary Protection Directive. It was introduced in July 2022 to recognise the generosity of people who have opened their homes to provide accommodation to Beneficiaries of Temporary Protection.
The scheme is provided for under Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022 and my Department administers the scheme on behalf of the Department of Children, Equality, Disability, Integration and Youth. Scheme policy, including considerations in relation to the rental market, is under the remit of the Department of Children, Equality, Disability, Integration and Youth.
I trust this clarifies the matter.
287. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of a review in the case of a person (details supplied) who has applied for a backdate of IQA and IQC on their invalidity pension; and if she will make a statement on the matter. [28257/24]
Amharc ar fhreagraInvalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.
An increase for a qualified adult (IQA) is payable with IP in respect of a spouse, cohabitant or civil partner of the applicant who is wholly or mainly maintained by the applicant. An increase for a qualified child (IQC) is payable with IP in respect of a dependant child who is ordinarily resident in the State and in the care of the applicant.
The person concerned is in receipt of an increase for an IQA and an increase for two qualified children (IQC) effective from 23 February 2023 and for a further qualified child effective from 10 August 2023, the first payable date after the qualified adult and children came to reside in the State with the applicant. The person in question requested a review of the award date of the increases and requested backdating of the IQA and IQC payments to 2018. On review, a deciding officer (DO) determined that the qualifying conditions for receipt of IQA and IQC were not met, as the persons being applied for were not residing in Ireland with the applicant during the period for which backdating was requested. The person referred to was notified on 20 February 2024 of this decision, the reasons for it and of his right of a further review or to appeal it to the Social Welfare Appeals Office (SWAO).
The person concerned requested a further review of the backdating decision and submitted further information for the review. However, having reviewed all information for the claims, a DO decided that the decision on 20 February 2024 to refuse backdating was correct and should stand. The person referred to was notified of this decision on 27 June 2023 and of his right to seek a further review or to lodge an appeal to the SWAO.
It should be noted that the person concerned made an earlier application in 2020 for IQA and IQC when the persons being applied for were living outside of the state. This application was refused and the person in question appealed the decision to the SWAO. An Appeals Officer (AO) disallowed the appeal on 24 July 2020 having determined there was no entitlement to IQA or IQC in accordance with governing legislation. A review of the AO decision was requested and a review was carried out by the then Chief Appeals Officer who decided on 2 September 2020 that the AO had not erred in law or in fact and declined to revise the decision of the AO.
I trust this clarifies the position for the Deputy.
288. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made regarding the refusal of carer's allowance to a person (details supplied); and if she will make a statement on the matter. [28266/24]
Amharc ar fhreagraCarer'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.
An application for CA was disallowed for the person concerned on 27 September 2023. The person was notified of this decision in writing on the same date. They were also notified of their right to have the decision reviewed or to appeal the decision to the Social Welfare Appeals Office (SWAO).
A request to appeal this decision was lodged with the Department and forwarded to the SWAO. The file was sent to the SWAO on 29 April 2024.
The SWAO notified the person concerned in writing on 04 June 2024 that the appeal was disallowed.
I hope this clarifies the position for the Deputy.
289. Deputy James O'Connor asked the Minister for Social Protection the position regarding inclusion of a school (details supplied) in the hot school meals programme for the coming school year; and if she will make a statement on the matter. [28292/24]
Amharc ar fhreagraThe 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. My officials advise me that the school referred to by the Deputy has confirmed their expression of interest as part of that process. I am happy to confirm that the school is eligible to apply for funding for Hot School Meals for the 2024/2025 school year. Officials from my Department will contact the school by email shortly to advise them of the application process.
I trust this clarifies the matter for the Deputy.
290. Deputy John McGuinness asked the Minister for Social Protection if she will review the rule whereby her Department will only accept proof of the civil registration of a marriage and not church-registered marriages as proof of a relationship when her Department is considering an entitlement to either a widow/widower pension; and if an allowance will be made for those individuals who were married abroad in a church ceremony only and are now in a position where they wish to claim the pension. [28295/24]
Amharc ar fhreagraUnder current criteria for Widows, Widower or Surviving Civil Partnership's Contributory pension (WSCPCP) the applicant must be the legal widow, widower or surviving civil partner of the deceased person under Irish State law.
In order to determine this, a civil marriage certificate which has been registered with the Registrar of births, deaths and marriages, in the jurisdiction in which the marriage or civil partnership took place is required. A church marriage certificate cannot be accepted for this purpose.
My Department notes the judgement given by the Supreme Court on 22 January 2024, with regard to entitlement to an unmarried cohabitant to WSCPCP.
In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court recognises that legislative amendment is required.
Officials in my Department in conjunction with the Office of the Attorney General have been considering the measures necessary to respond to the Supreme Court judgment. The judgment raised a number of complex issues, and my officials have been developing the draft legislative changes that are required to implement the decision.
Until such time as the legislation has been enacted, my Department will not be in a position to assess the entitlement of the persons impacted by the judgement, to the relevant payments.
I trust this clarifies the matter for the Deputy.
291. Deputy Bernard J. Durkan asked the Minister for Social Protection if decision to rescind household benefits payment can be reviewed, with a view to reinstating payment in the case of a person (details supplied); and if she will make a statement on the matter. [28298/24]
Amharc ar fhreagraThe entitlement of the person concerned to the Household Benefits Package is currently being examined.
When the review has been completed, the person concerned will be notified in writing of the outcome.
I hope this clarifies the position for the Deputy.
292. Deputy Maurice Quinlivan asked the Minister for Social Protection to provide an update on the case of a person (details supplied) who, having had their application for an invalidity pension denied, submitted an appeal and has yet to receive a response; and if she will make a statement on the matter. [28303/24]
Amharc ar fhreagraThe 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 28 June 2024. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.
293. Deputy Louise O'Reilly asked the Minister for Social Protection if gluten-free meals will be provided under the school meals programme, similar to the nut-free policy; and if she will make a statement on the matter. [28314/24]
Amharc ar fhreagraThe 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.
Funding under the School Meals Programme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided. These meals must meet the nutritional standards for the school meals programme.
The Nutritional Standards for School Meals were developed by a working group led by the Health and Wellbeing Programme in the Department of Health, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive.
Each school is required to provide a menu choice of at least two different meals per day and where required, provide a vegetarian or vegan option and an option that caters for students’ religious and cultural dietary requirements. The food provided for those with allergies must comply with the Standards. Guidance on allergies such as coeliac disease and gluten intolerance is available from Safefood.net
Schools are responsible for choosing their own School Meals supplier on the open market in a fair and transparent manner in accordance with Public Procurement rules. Under tender documentation as stipulated by the Schools Procurement’s Unit, the menu is to accommodate those with food intolerances and allergies, from lactose-free to vegetarian to gluten-free, for example. In addition, the supplier is to check with the school upon award of the contract, the details of such to accommodate those potential customers and the supplier must provide clearly visible menu boards with an allergens list.
The Department provides the funding directly to the schools, who are then required to procure the provision of the food in compliance with Government procurement rules and with relevant Hazard Analysis and Critical Control Point, Food Safety regulations and the Nutritional Standards for School Meals. It is the responsibility of the school to source a supplier that can meet the dietary requirements of all of their pupils.
I trust this clarifies the matter.
294. Deputy James Lawless asked the Minister for Social Protection to examine an issue (details supplied); and if she will make a statement on the matter. [28323/24]
Amharc ar fhreagraInvalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the PRSI contribution conditions.
My Department received an application for IP from the person concerned on 13 June 2024. Based on the information supplied, it was refused on the grounds that the medical conditions for the scheme were not satisfied. Notification of the decision issued to the person in question on 17 June 2024 along with the reasons why the medical conditions for the scheme were not satisfied. This letter also advised of their right to seek a review of this decision or to appeal the decision to the Social Welfare Appeals Office.
The person concerned exhausted their entitlement to Illness Benefit (IB) on 22 May 2024. A letter issued to her on the 22 February 2024 advising that her IB entitlement is due to end from 22 May 2024 and providing details of the options for alternative supports available to her.
Partial Capacity Benefit (PCB) is a social welfare support which allows qualifying individuals to return to work or self-employment (if they have reduced capacity to work) and continue to receive a payment from my Department. An applicant must have been in receipt of IB (for a minimum of 6 months) or Invalidity Pension prior to being awarded PCB and returning to work. To qualify for PCB, an applicant may not commence work until they have received written approval from my Department to do so. PCB, when IB is the underlying scheme, will only last until the IB claim entitlement exhausts. As the person concerned has already exhausted their IB payments, there is no entitlement to PCB in this case.
The Supplementary Welfare Allowance scheme acts as a safety net within the overall social welfare system to provide assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependants. My Department has not received any application for SWA from the person concerned to to date.
I hope this clarifies the position for the Deputy.
295. Deputy Robert Troy asked the Minister for Social Protection if she will consider introducing assistance with the cost of domestic waste disposal as part of the household benefits package. [28325/24]
Amharc ar fhreagraThe Household Benefits Package comprises the electricity or gas allowance, and the free television licence. The Department of Social Protection will spend approximately €294 million this year on the Household Benefits Package for over 525,000 customers.
People over the age of 70 receive the Household Benefits Package, with one package provided per household. The package is also available to people living in the State aged 66-69 years who are in receipt of certain social welfare payments or who satisfy a means test. The package is available to some people under the age of 66 who are in receipt of certain welfare type payments.
While consideration is always given to suggested improvements to the Department's schemes, any decision to enhance the Household Benefits Package by introducing a domestic waste cost support element could only be considered while taking account of overall Government policy and budgetary considerations. The matter of domestic waste disposal is the responsibility of my colleague the Minister for the Environment, Climate and Communications and it is not expected that the Household Benefits Package will be extended to assist with these costs.
However, my Department does provide Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have essential expenses, which they cannot meet from their own resources.
The decision process involves consideration of the need presented and the ability of the person and their household to meet that need. This entails an assessment, as opposed to a specific means test, of an applicant’s weekly household income, their savings and investments, their outgoings and the type of assistance needed. Other State supports that may already be available to the person are also considered. This ensures that support is provided to people with the greatest financial need.
Any person who considers that they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.
I trust that this clarifies the matter for the Deputy.
296. Deputy Aengus Ó Snodaigh asked the Minister for Justice to provide an update on the establishment of the Interdepartmental Group to consider what further regulatory measures may be required for OMCs in the context of the Interim Remediation Scheme for Fire Safety Defects in Eligible Apartments and Duplexes and the proposed statutory remediation scheme. [28264/24]
Amharc ar fhreagraLast December, the Minister for Housing, Local Government and Heritage Darragh O’Brien T.D announced the opening of the Interim Remediation Scheme (Scheme) for Fire Safety Defects in Eligible Apartments and Duplexes. The Scheme provides for the funding of emergency fire safety defect works in order to provide an acceptable level of fire safety in buildings, pending completion of the full remedial works. Apartments and duplexes built between 1991 and 2013 with eligible defects qualify for the Scheme.
The Scheme, which is being administered by the Housing Agency on a nationwide basis, is open to applications via the Housing Agency’s website. Given their current legal obligations and ownership of common areas, Owners’ Management Companies (OMCs) will receive funding to carry out the necessary remediation works.
The Department of Housing, Local Government and Heritage has also been advancing the steps to put the remediation scheme on a statutory footing as a matter of priority. Full remedial works, which will include all necessary fire safety measures as well as those related to water ingress and structural damage, will be funded under the statutory scheme.
As you will be aware, I have agreed with the Minister for Housing, Local Government and Heritage, Darragh O’Brien T.D, to establish an Interdepartmental Group to consider what further regulatory measures may be required for OMCs in the context of the interim scheme and the proposed statutory scheme. The Group will hold its first meeting in July.
297. Deputy Patrick Costello asked the Minister for Justice the number of individuals dismissed from An Garda Síochána owing to court sentences received by them, over the past ten years. [27819/24]
Amharc ar fhreagraThe vast majority of members of An Garda Síochána uphold the values of the organisation and serve the State with integrity each and every day.
Of course, for the public to have absolute confidence in An Garda Síochána, they must have faith that when the law is broken by the people entrusted with upholding it, the same laws and processes will be applied without fear or favour to those who wear a uniform as anyone who doesn’t.
As the Deputy will be aware, by law the Commissioner is responsible for the management of An Garda Síochána, including disciplinary procedures and all Garda investigations. I am informed by the Garda authorities that An Garda Síochána’s Internal Affairs Section manages internal discipline cases which can result from a conviction in court from prosecutions taken by the DPP on behalf of An Garda Síochána or GSOC. The outcome of proceedings in each case are reported to a senior level within An Garda Síochána.
Dependent on the nature of the conviction recorded against a Garda member, the Commissioner may pursue the dismissal or the dispensing of a Garda's services under the following legislation/ statutory instruments:
• Section 14, Garda Síochána Act 2005, as amended (Sworn members)
• Regulation 39 of the Garda Síochána (Discipline) Regulations 2007, as amended (Sworn members)
• Garda Síochána (Reserve Members) Regulations 2024 (Reserve Garda Members)
• Garda Síochána (Admissions and Appointments) Regulations 2013 (Probationer Garda)
A Garda should be suspended prior to appearing in court in respect of criminal charges that could result in a custodial sentence being imposed. I am informed by the Garda authorities that from 1 January 2013 until 26 June 2024, court outcomes were recorded against 42 members on suspension. This includes convictions and findings of guilt in which the Probation Act was applied.
Over the course of 11 and a half years, of those 42 members, 14 were dismissed, 20 resigned, 6 retired, 1 was medically discharged, and 1 was subject to compulsory retirement. Resignations, retirements and medical discharges occurred either in advance of the date of conviction or shortly after the conviction, which can impact on the conclusion of a potential dismissal.
298. Deputy Thomas Gould asked the Minister for Justice if drones are being considered for An Garda Síochána. [27825/24]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána. As Minister, I have no role in such matters.
The Garda Air Support Unit is a national resource based at Casement Aerodrome, Baldonnel, Co. Dublin and is under the direction and control of Assistant Commissioner, Organised and Serious Crime and the operational control of Superintendent, Operational Support Services. The unit provides a 24-hour proactive and reactive service in support of operational Gardaí on the ground and specialist units.
I am advised that this unit is currently conducting research and evaluation of the potential use of Unmanned Aircraft Systems (UAS)/drones in a live policing environment within An Garda Síochána.
Upon completion of the evaluation project, recommendations will be made on how best to introduce this technology for use within An Garda Síochána. Legislation currently limits the operational use of drones by An Garda Síochána, however, the Deputy will be aware that the Garda Síochána (Recording Devices) Act 2023 will provide a legal basis for the use of recording devices on drones by Gardaí on commencement of the Act, subject to a code of practice.
299. Deputy Brendan Howlin asked the Minister for Justice if she will review the operation of the scheme of compensation for personal injuries criminally inflicted, to ensure that victims of serious crime who suffer serious injuries are not refused compensation simply on the basis of not applying to the Criminal Injuries Compensation Tribunal within the prescribed time limits; if she accepts that not all citizens are aware of the timelines involved or are too involved in their own recovery to work within the set guidelines; if she is satisfied with the publicity and state of knowledge among the general public of this scheme; and if she will make a statement on the matter. [27853/24]
Amharc ar fhreagraThe Criminal Injuries Compensation Scheme is in place to help those who have suffered personal injuries as a result of a violent crime committed against them. The Scheme is administered by the Criminal Injuries Compensation Tribunal which is independent in making decisions on individual applications and in its decisions on appeals.
Concerning a review of the operation of the Scheme, there have been a number of changes arising from the Revised Scheme of 20 April 2021 that have helped improve its operation. The impact of these reforms is already clear from the considerable reduction in the number of aged cases pending decision, and that momentum is continuing into 2024.
Currently, Paragraph 20 of the Scheme provides that applications for compensation must be made in writing within 3 months from the date of the incident causing the injury. However, the Tribunal can, in exceptional circumstances, accept late applications up to a maximum period of 2 years following the incident.
An additional provision to allow for the acceptance of late applications in specific, very limited circumstances is outlined in Paragraph 20A. Introduced on 31 January 2024, this change provided a remedy for the absence of a transition period in the original introduction of the 2021 Scheme, identified in a High Court judgment of 20 December 2022.
The transitional provision enables any potential applicants in the period after 30 June 2005 (the date the EU Directive 2004/80/EC took effect) and before 20 April 2021 (commencement of the 20 April 2021 Scheme) who have not previously submitted a claim under the Scheme to now do so. This transitional arrangement is in operation for a 12-month period. Full details of this technical amendment were published on 31st January 2024 and are available on the Terms and Conditions section of the Scheme’s website: www.gov.ie/en/publication/90be4-terms-and-conditions-of-the-criminal-injuries-compensation-scheme/ .
Concerning longer term reform, work to support this is already underway in my Department and this will be informed by work of the Law Reform Commission. I have been advised that the Law Reform Commission has re-commenced its work on victim compensation in May of this year. It has indicated that, as of this point, it will report its findings in the first quarter of 2025. This work, together with other analysis already completed by my Department, will help inform decisions on the longer term reform of the Scheme.
To further awareness of the full range of supports available to victims of crime, my Department is running a high level national awareness raising campaign which promotes the rights that victims of crime have and the supports and services available to them. This includes dissemination of printed material in several languages and in April 2023, we launched a new phase of this campaign on television and radio which has a particular emphasis on reaching minority and harder-to-reach communities. Information on the Criminal Injuries Compensation Scheme can be obtained from the sources highlighted in these campaigns.
Detailed information on the Scheme is also currently available at www.gov.ie/criminalinjuries which is a website put in place by my Department in 2022, with the support of the Office of the Government’s Chief Information Officer (OGCIO). This provides a dedicated website for the Scheme to assist intending applicants with information on its operation.
300. Deputy Mark Ward asked the Minister for Justice if she will report on the long-term plans for the progression unit in Mountjoy Prison; and if she will make a statement on the matter. [27872/24]
Amharc ar fhreagraThe Deputy will appreciate that the Irish Prison Service must make the best use of all available prison capacity.
Sex offenders, both sentenced and remand, were previously accommodated at 4 locations – Midlands Prison, Arbour Hill Prison, Castlerea Prison and Mountjoy Training Unit. However, due to limitations at these locations and rising sex offender committals to prison, it was decided to consider other options within the prison estate to accommodate this cohort of prisoner.
The Progression Unit of Mountjoy Prison is self-sufficient in relation to recreation, education, work and training and there is no requirement for prisoners living in this Unit to interact or traverse to the main prison. For this reason, it was decided that the Progression Unit is a suitable location to accommodate sex offenders.
The process of accommodating sex offenders in the Progression Unit commenced during March 2024. On 25 June 2024, there were 57 sex offenders accommodated in the Progression Unit and it is expected that further movements of this cohort of offender to the Progression Unit will take place in the coming months.
Those who are currently accommodated in the Progression Unit, who are not serving their sentences for sex offences will either remain in the Progression Unit or be moved to alternative suitable accommodation within the prison estate.
The Irish Prison Service is committed to making every effort to ensure that the transfers from the Progression Unit will not negatively impact on anyone in terms of how their sentences are being managed.
All transfer decisions will be tailored according to the need and profile of each individual and in all prisons, they will have access to engage in authorised programmes and structured activity. All who are on programmes of temporary release will be facilitated in continuing with such programmes.
301. Deputy Cathal Crowe asked the Minister for Justice the main policy achievements of her Department since 27 June 2020; and if she will make a statement on the matter. [27966/24]
Amharc ar fhreagraI am pleased to inform the Deputy that in the coming weeks my Department will publish its Statement of Strategy 2024-2026, which builds upon the significant progress achieved over the past four years. I am proud of these achievements which include such a broad range of policy and legislative reforms. I am dedicated to our shared mission of a safe, fair and inclusive Ireland.
This strategy will be delivered through our annual Justice Plans. Justice Plan 2024 builds on the work described in Justice Plans 2023, 2022, and 2021 and outlines a wide range of actions under the Department's five strategic goals, which are:
• Maintaining a safe and secure Ireland
• Improving access to justice for all
• Delivering a fair immigration system
• Strengthening our influence in Europe
• Investing in people to deliver excellence
Under Justice Plan 2024, I am progressing a suite of policy and legislative reforms which are priorities for me as Minister, in line with the commitments set out in the Programme for Government. Some of the priority achievements of the Department since the formation of the Government are set out as follows.
Unprecedented increased investment in support of An Garda Síochána
I have increased investment into An Garda Síochána to the highest ever level with a budget allocation of €2.31 billion under Budget 2024. This has allowed for sustained, ongoing investment into Garda recruitment after the forced closure of the Garda College during Covid-19.
Budget 2024 provided for funding for:
• Ongoing Garda recruitment
• A 25% increase in the overtime budget
• €6m provided for Garda well-being initiatives, additional medical costs and over 2,500 units of body armour
• A new national centre of excellence in Dublin for the Garda Dog Unit, with the planned expansion to all Garda regions on a phased basis involving 50 handlers with access to 100 dogs of different capabilities
To support recruitment I have:
• Increased the Garda training allowance by 66% (to €305 per week).
• Increased the age of entry into the Gardaí from 35 to 50 years of age.
• Introduced legislation to increase the retirement age from 60 to 62
• Provided €6m for Garda well-being initiatives, additional medical costs and over 2,500 units of body armour.
This investment has enabled:
• Over 13,000 mobility devices- allowing front-line Gardaí to conduct policing tasks in real time
• Over 3,400 Garda vehicles – the largest fleet of vehicles in the organisation’s history and a 31% increase since 2015
• Increased welfare and mental health supports
• Major investment in new and refurbished stations
• The rollout of a proof-of-concept project for Body Worn Cameras (BWC) in Dublin City, with Limerick and Waterford to follow later in the year, ahead of the national rollout of BWCs
• And a new, more practical operational uniform.
Additionally I have increased the stipend that Reserve Gardaí can claim to up to €3,000 for 200 hours of service volunteered per year.
Domestic, Sexual and Gender Based Violence
I published the Government’s Zero Tolerance plan to tackle domestic, sexual and gender based violence (DSGBV) in June 2022. This is an ambitious, five year plan and its publication was accompanied by a detailed implementation plan covering the first 18 months and annual plans thereafter. This will ensure the strategy is a living document and emerging issues can be incorporated. The 2024 implementation plan contains actions for a wide range of Government Departments as well as various state bodies.
There is a huge body of work underway. Key achievements include:
• An additional €12m in funding secured in Budget 2024 to combat DSGBV.
• The establishment of Cuan, the new statutory DSGBV Agency, which will be key to delivering on the ambition of the strategy, including in relation to prevention, education and awareness raising, training for all who come into contact with vulnerable victims (including the legal professions) and ensuring the right supports are there to protect and support victims of these hideous crimes.
• The requirement that the new Judicial Appointments Commission must consider what training or continuous professional development all candidates for judicial office have undertaken in making recommendations to Government regarding their appointment to judicial office.
Enacted the Criminal Justice (Miscellaneous Provisions) Bill 2023 which contains measures targeting violent and organised crime, violence against Gardaí and also has a particular focus on domestic, sexual and gender-based violence:
• increasing the maximum penalty for assault causing harm – one of the most commonly prosecuted violent offences – from 5 years to 10 years
• introducing a new stand-alone offence of non-fatal strangulation, which can be a precursor to murder in domestic abuse situations. These changes will give judges a wider range of sentencing options to consider when addressing the more serious of assault causing harm and domestic abuse cases
• introducing a stand-alone offence of stalking and strengthening the law around harassment. While any person can be a victim of stalking or harassment, they are again common behaviours in domestic abuse situations. It introduces a new stalking offence defined in terms of causing either a fear of violence, or serious alarm and distress that has a substantial impact on a person’s day-to-day activities
• the Bill also provides for the making of civil orders restraining stalking conduct. These orders form an important first step in addressing stalking behaviour as they do not require the level of proof associated with the criminal offences. Not only are they easier to get than a criminal conviction, they provide a means for victims who don’t want to criminalise the stalker, and encourages engagement with Gardaí at an early stage
• it will also ensure the protection of the identity of alleged victims of harassment and stalking in court proceedings. The background to this provision is that offences like harassment and stalking already impinge on a person’s privacy and personal life. Preventing public identification of victims online or in the media (unless they choose to waive their right to anonymity) is to prevent putting victims at further risk of invasion of their privacy, re-traumatisation or causing them further harm
• the Bill will extend the restriction on alleged perpetrators carrying out their own cross-examinations of victims to a wider range of offences than at present (sexual offences), including those including violence, coercive control, stalking and harassment
The Sex Offenders (Amendment) Act 2023 was enacted and commenced in 2023 and provides for stronger supervision of sex offenders post release.
Other key elements include:
• The doubling of the overall number of refuge units over the lifetime of the Strategy. To achieve this we are working with all stakeholders to put in place the necessary structures and supports to accelerate the delivery of additional refuge accommodation year on year. Development of up to 36 refuge units is underway in Wexford, Dundalk and Navan. There will be 98 refuge units in priority locations delivered by end 2025 along with a further 19 additional and upgraded units by the end of the strategy.
• The Sexual Violence Survey 2022 was published by the CSO providing high quality national prevalence data on sexual violence.
• Awareness campaigns on intimate image abuse, victims of crime and consent have been rolled out. Many of the actions in the Strategy are focused enhanced support for victims. The provision of legal aid and legal advice, trauma-informed training, and national awareness campaigns are all provided for.
• I am working to bring the Family Courts Bill 2022 through these Houses. This Bill will establish new dedicated Family Courts within the existing court structures and put families at the centre of the family justice system. It is my aim that the Bill will be enacted as soon as possible.
Anti-Social Behaviour
I am determined to tackle anti-social behaviour and its causes so to assist people to be safe and feels safe. Significant actions which my Department has already been taken include:
• setting up an expert forum on anti-social behaviour;
• Increasing penalties for knife crime and strengthening the use of anti-social behaviour orders (ASBOs)
• The deployment of body-worn cameras for Gardaí in Dublin City Centre, Waterford, and Limerick in 2024, with nationwide roll-out to follow
• The introduction of Community Safety Partnerships around the country, to develop Community Safety Plans for every area.
• Continued expansion of youth justice and youth diversion measures
• New laws to criminalise the grooming of children into a life of crime.
• Introducing Facial Recognition Technology to help investigate and prosecute cases of serious crime
• Providing the funding necessary to strengthen the equipment available to An Garda Síochána for public order policing, including the deployment of tasers and stronger incapacitant spray.
• Proposing solutions to public order and anti-social “wicked problems” through the Local Leadership Programme which brings together local stakeholders in a structured manner.
Prisons and penal reform
• Progressing plans to deliver 1,100 additional prison spaces by 2030.
• The final report and recommendations of the High Level Task Force to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector were published by myself and the Minister for Health in September 2022. The first annual progress report on the implementation of its recommendations, which shows concerted work across the Department of Justice and the Department of Health, as well as with multiple agencies, was published earlier this year. Implementing the recommendations contained in the Review of Policy options for Prison and Penal Reform 2022-2024 to ensure appropriate and proportionate use of imprisonment and community sanctions in a manner which best facilitates rehabilitation and reintegration.
• Together with Minister Donnelly I published the Health Needs Assessment for the Irish Prison Service in May 2023 - this is the first comprehensive health assessment undertaken for the Irish Prison Service and sets out 60 recommendations for the optimal development of healthcare services in the Prison Service. It is primarily focused on strengthening delivery of IPS Healthcare services across a range of areas and on improving governance in IPS healthcare services.
• Prison Education Taskforce – established in May 2023 and co-Chaired by my Department and the Department of Further and Higher Education, Research, Innovation and Science. The aim of the taskforce is to ensure that education and training opportunities are available to prisoners, supporting their rehabilitation and access to employment post-release.
• Publication of a policy paper ‘Promoting and supporting the provision of Restorative Justice at all stages of the criminal justice system’, delivering a key Programme for Government commitment to work with all criminal justice agencies to build capacity to deliver Restorative Justice safely and effectively.
• Implementation of the Working to Change: Social Enterprise and Employment Strategy 2021-2023 and the development of a follow on criminal justice employment strategy to address systemic barriers to employment faced by those with previous criminal convictions and to support reintegration and desistance from offending.
• Established a Prison Overcrowding Response Group to identify viable options to address management of the increasing prison population.
I have introduced and am committed to enacting significant legislation. Since my appointment the following important reforms have been implemented:
• Enacted the Harassment, Harmful Communications and Related Offences Act or “Coco’s Law” to criminalise the distribution of, and threat to distribute, intimate images without consent.
• Enacted the Courts and Civil Law (Miscellaneous Provisions) Act 2023 to rebalance the duty of care and increase personal responsibility for trips and falls, in order to lower insurance premiums.
• Enacted the Criminal Justice (Perjury and Related Offences) Act to establish a statutory criminal offence for perjury as part of our plan to lower insurance premiums.
• Signed an order to bring into the new personal injuries guidelines under the Judicial Council Act.
• Enacted a law to remove reporting restrictions which prevented parents from speaking publicly about their deceased child in cases where the child was unlawfully killed.
• Enacted measures to introduce pre-trial hearing to ensure that victims are less likely to face stressful unexpected delays and adjournments to trial start dates.
• Enacted a new law on Garda operating model to provide more front-line Gardaí, increased visibility, and a wider range of policing services for people in their local area.
• Enacted new regulations to provide for legal aid to the families of the 48 victims and new legislation for a revised jury selection process for the Dublin Coroner, in relation to the inquests into the Stardust fire tragedy. The Stardust Fire Inquests concluded on Thursday 18 April at the Dublin District Coroner’s Court (sitting at the Pillar Room). The jury returned a majority verdict of “unlawful killing” for each of the 48 deaths.
• On 20 October 2023, I launched a wide-ranging public consultation exercise to inform the development of proposals for comprehensive reform of the Coroner Service in Ireland, which closed on 19 January 2024. Departmental officials are currently analysing the information gathered during the consultation process with a view to publishing a report on the main themes coming through from the Consultation in the third quarter of 2024 and putting forward proposals for the reform of the service thereafter.
• Enacted and commenced the Communications (Retention of Data) (Amendment) Act 2022 which will facilitate necessary access to certain communications data to protect national security and tackle serious crime.
• Enacted and commenced the Garda Síochána (Amendment) Act 2022, the legislation has clarified the legal basis of the court presenter system and avoided a potential backlog of cases in District Courts across the State.
• Amended the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) with the (Amendment) Regulations 2023, to provide for the participation in and attendance of authorised officers of the Competition and Consumer Protection Commission (CCPC) at Garda interviews.
• Enacted the Garda Síochána (Compensation) Act 2022 to replace the existing Garda compensation scheme with a new statutory scheme that will reduce the waiting times and costs associated with claims for malicious injury to Gardaí or their family members.
• Enacted the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 on the mutual recognition of custodial sentences, which provides for the transfer of sentenced persons between EU member states. The Act also amends and updates the existing legislation underpinning transfers for non-EU states, including the United Kingdom.
• Enacted the Smuggling of Persons Act on 15 December 2021 to prevent and combat the smuggling of persons and, for those purposes, to facilitate cooperation with other states.
• Enacted the Recording Devices Act to provide for body worn cameras to protect Garda members, Automatic Number Plate Recognition to detect crime and greater use of CCTV. Part of this Act has now been commenced including the parts dealing with body worn cameras and updates for CCTV in Garda Síochána premises.
• Published the General Scheme of the Recording Devices (Amendment) Bill which will provide for the retrospective searching of images which are legally in the possession of An Garda Síochána through biometric identification (which includes facial recognition technology).
• Signed orders under the Criminal Evidence Act 1992 to extend the coverage of provisions for evidence given by video link so that it is admissible nationwide and to ensure that video recorded evidence given by children is admissible in any court throughout the State.
• Enacted the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024, which makes it an offence for an adult to involve a child in any type of crime.
• Enacted the Court Proceedings (Delays) Act on 1 May 2024, which provides for the establishment of an independent assessment process, under the aegis of the Department of Justice, to assess claims for breach of the right to the conclusion of proceedings within a reasonable time and where appropriate, an award of compensation. Implementation is expected in 2025.
• Enacted and commenced the European Arrest Warrant (Amendment) Act which provides important updates to the crucial European Arrest Warrant system to ensure the continued efficient return of criminals to and from the State.
• Enacted the Policing, Security and Community Safety Act 2024 on 7 February 2024 which will, when commenced, repeal and replace the Garda Síochána Act 2005. The four main objectives of the Act are to make community safety an all of government responsibility; to strengthen independent external oversight of An Garda Síochána; to strengthen internal governance of An Garda Síochána; and to improve the oversight of National Security.
• Published the General Scheme of the Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024, which will allow law enforcement authorities like An Garda Síochána to request the preservation and production of data being held on IT systems controlled by internet service providers in order to investigate and tackle crime.
• Published the General Scheme of the Proceeds of Crime (Amendment) Bill 2024 which will strengthen the State’s ability to target the proceeds of crime. This will be achieved through refinements to the proceeds of crime regime informed by legal and operational developments.
Other key initiatives include:
• Domestic violence refuge accommodation was brought under the Minister for Justice for the first time. Under the supervision of Cuan, the Government’s target is to double the number of refuge spaces in the lifetime of the Third National Strategy.
• A once in a generation scheme to regularise the status of long term undocumented migrant was successfully introduced.
• The development of a new Immigration Services Website that is customer orientated with information available in video format and in various languages.
• The report on the International Protection Modernisation Programme for 2023 and 2024 was published. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants seeking international protection.
• Reforms to the international protection process will continue in 2024. Approximately €34m additional funding was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.
• The International Protection Office has doubled the number of staff and trebled the number of decisions issued. This increase in processing capacity is aimed at ensuring that those in need of protection receive that status without undue delay, while those that do not qualify are advised of this in good time.
• Introduced a new accelerated decision process for applicants from recognised ‘safe countries of origin’ in November 2022. Since its introduction most applicants from safe countries of origin have received a first instance decision in less than 3 months, which is a significant reduction from a norm of 17 to 24 months in previous years. All applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin.
• Since the introduction of accelerated processing in November 2022, applications from eight designated safe countries have dropped by 68%. Two additional countries were added to the to the safe country list earlier this year (Algeria and Botswana) and they have seen drops of 74% and 66% respectively. A further seven countries are under review and it is expected a decision on their possible inclusion will be made shortly.
• Extended accelerated processing to whatever country has the highest number of applicants. This will be reviewed on a quarterly basis. This is currently Nigeria, which has seen a 47% drop in applications since the commencement of the Accelerated Process in April 2024
• On 26 June the Dáil approved the motion to opt into the EU Pact on Asylum and Migration. I will now start to prepare the General Scheme of new legislation to replace the International Protection Act 2015 and an implementation plan will be launched.
• On 17 June 2024 I launched procurement process for charter flight services for the purpose of deporting and returning individuals who no longer have permission to remain in the State. Charter flights provide an alternative to commercial flights and can be more appropriate in circumstances when a group of individuals are being removed to the same destination. A request for tender has been published on the e-Tenders website with a view to procuring a suitable provider of charter flight services and relevant supporting services such as ground support, catering and, when required medical assistance, for passengers. It is expected that to have this service in place by the end of the year.
• Earlier this month, I updated the Government of my intention to reform the carrier liability provisions of the Immigration Act 2003 and I received Government approval to introduced these reforms as part of wide-ranging Miscellaneous Provisions Bill, which is planned for enactment by the Summer recess. I am proposing to increase the fines on carriers from the current maximum of €3,000 to €5,000 if they do not comply with their obligations to ensure passengers have appropriate travel documentation.
• I have assigned additional resources in Dublin Airport to carry out ‘doorstop’ operation on flights that pose risks of irregular migration. Over 3000 ‘doorstop’ operations were carried out to date this year.
• I established the Judicial Planning Working Group in 2021 to consider the number and type of judges required to ensure the efficient administration of Justice over the next five years in the first instance, but also with a view to the medium to long term. The Report of the Judicial Planning Working Group was published in February 2023, which recommended a substantial increase in judicial numbers, with 44 additional judges to be appointed in two phases. A first tranche of 24 additional judges, were appointed in 2023, with a further 20 planned following an assessment of impact of the first tranche of judges.
• The Irish Citizenship and Nationality Regulations 2023 were signed into law to allow for applications for naturalisation to be made online for the first time in Ireland.
• The reckonable residence requirement for naturalisation for children born in the State was reduced from 5 years to 3 years under the Courts and Civil Law (Miscellaneous Provisions) Act 2023, thus allowing children born here to obtain citizenship more quickly.
• Ireland opted-into the Regulation establishing a European Union Asylum Agency, and Ireland became a fully-fledged member of the Agency in August 2023.
• A Judicial Planning Implementation Steering Group was established in June 2023 to monitor the implementation of all of the Judicial Planning Working Group Report’s recommendations.
• A new Planning and Environment Division of the High Court has been established. This is in line with the commitment contained in the Programme for Government and the Housing for All strategy and its establishment has involved extensive engagement between my Department, the Courts Service and the Department of Housing, Local Government and Heritage as well as consultation across other Departments.
• Following the approval of additional judicial resources by Government arising from the recommendations of the Judicial Planning Working Group earlier in 2023, the new High Court Division has now three judges assigned to planning matters and proceedings relate to the wide suite of national and European law that applies in respect of planning and the environment. Urgent cases such as proceedings which concern large-scale projects of strategic importance, or matters of significant environmental impact, are to be given priority.
• The continued progression of the Gambling Regulation Bill through the Houses. The Bill is currently undergoing preparation for Committee Stage in the Seanad and is expected to be enacted this year. The legislation provides for a robust regulatory and licensing regime to regulate gambling both in person and online, to streamline the licensing framework and to provide for the establishment of the Gambling Regulatory Authority of Ireland.
• The ongoing work of the Civil Legal Aid Review Group, which is reviewing the current operation of the Civil Legal Aid Scheme, including how flexible and responsive the Scheme is to the needs of those it is intended to serve. While the work of the Group is ongoing, it has completed a series of consultation processes to inform its detailed deliberations.
• 2023 has seen the first full year of implementation of the Family Justice Strategy. Notable achievements under the Strategy include the completion of the Policy Review on Parental Alienation and the development of a new family law information hub by the Courts Service.
• The report of a major review of the Defamation Act 2009, which was carried out by my Department, was published in March 2022. The General Scheme of the Defamation (Amendment) Bill, which takes into account the report of the review, was published in March 2023 and I expect to publish this Bill in this session.
302. Deputy Brendan Howlin asked the Minister for Justice the progress made to date in negotiating increased fees to criminal barristers employed by the State in court actions; when a review of the structure and level of fees will be commenced; if representatives of an organisation (details supplied) have met with officials from her Department to address this issue; and if she will make a statement on the matter. [28020/24]
Amharc ar fhreagra303. Deputy Steven Matthews asked the Minister for Justice the position regarding the review of the structure and level of fees paid to criminal barristers; the actions she will take to address the proposed industrial action planned in July as set out by an organisation (details supplied); and if she will make a statement on the matter. [28043/24]
Amharc ar fhreagraI propose to take Questions Nos. 302 and 303 together.
I recognise the important role played by barristers and solicitors in the administration of criminal justice – both in the context of working to defend those accused and working with the Office of the Director of Public Prosecutions in respect of prosecutions.
The Department of Justice has commenced a review of Criminal Legal Aid and has a dedicated team of officials currently working on this. The Department has been and will continue to engage with all relevant stakeholders including the legal professions, on the modernisation and funding of the legal aid system.
The team are currently laying the foundations for an improved, more efficient system of administering Criminal Legal Aid and intend to work collaboratively with all relevant stakeholders. Indeed the review and modernisation of the Criminal Legal Aid Scheme of the Criminal Legal Aid Scheme was discussed with the Bar Council and Law Society when my officials met with them. Their input is an important part of the process.
Last summer I told the Bar Council that I saw no good reason why those in the legal profession are left waiting for crisis-era reductions to be restored. That is still my position.
I said last summer that I wanted to make progress on criminal legal aid in last year’s budget and I did just that.
I secured €9 million to provide for a 10% increase in criminal legal aid fees, which came into effect from 1 January 2024. This represented progress.
I will be equally clear regarding my intentions this year. I will again seek to make progress in this year’s budget in relation to restoration of criminal legal aid fees.
However, as the Deputy will know, we cannot make Budget announcements months ahead of Budget Day. There is a budgetary process which must be followed.
While I cannot pre-empt a budgetary decision, I hope that the progress we achieved last year is a sign of good faith on my part and the part of the Government that more can be achieved this year.
To further modernise the Criminal Legal Aid system, the General Scheme of the Criminal Justice (Legal Aid) Bill 2023 was published in July 2023.
The key purpose of the Bill is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to otherwise update the administration of criminal legal aid.
This Bill will modernise the operation of the Criminal Legal Aid Scheme, introducing strengthened oversight and governance structures.
Officials in the Department of Justice have recently met with representatives of the Bar Council and Law Society. It is my intention that significant progress will be made on this as Department officials continue to engage with the legal professions.
