Michael Cahill
Ceist:274. Deputy Michael Cahill asked the Minister for Social Protection to intervene in an urgent matter (details supplied); and if he will make a statement on the matter. [36719/25]
Amharc ar fhreagraSocial Welfare Payments
Ceisteanna (274)
Freagraí scríofa
Newly arrived applicants for Temporary Protection (TP) apply for TP at Citywest Convention Centre. Departmental records show that the person concerned withdrew her TP on 12/08/2024 and was subsequently granted TP in another EU state. The person presented at Citywest Convention Centre on 17/06/2025 and reapplied for TP which has now been granted.
Beneficiaries of Temporary Protection (BoTPs) who are resident in a State provided Designated Accommodation Centre where meals and utilities are provided may have an entitlement to the BoTP Weekly Payment administered by my Department on behalf of the Department of Justice, Home Affairs and Migration. This is paid at the weekly rate of €38.80 per adult and €29.80 per child, subject to an income test. They may also have an entitlement to an Additional Needs Payment if eligible. If a BoTP leaves a Designated Accommodation Centre, they are entitled to apply for standard social protection assistance, subject to meeting the eligibility conditions.
According to the records of the Department, no application for BoTP Weekly Payment or an ANP has been received. If the person concerned wishes to apply for BoTP Weekly Payment, they should follow the guidance given at Citywest Convention Centre, or if they are unsure of how to apply they should present to their local Intreo for further instructions on how to make an application.
If the person is currently experiencing financial difficulties with cost of living expenses, it is open to them to make an application for assistance by completing a SWA1 form. This form is available in all Intreo Centres and can also be requested by calling the National CWS freephone line at 0818 60 70 80 or at www.eforms.gov.ie/en/forms/5. Alternatively, if the person has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie.
I trust this clarifies the matter.
Social Welfare Eligibility
Ceisteanna (275)
Conor Sheehan
Ceist:275. Deputy Conor Sheehan asked the Minister for Social Protection the reason a full-time carer in receipt of carer’s allowance is only entitled to a maximum of three weeks leave over a 12-month period; if he will consider increasing the maximum leave entitlement; and if he will make a statement on the matter. [36725/25]
Amharc ar fhreagraFreagraí scríofa
The Government acknowledges the valuable role that family carers play and is fully committed to supporting carers in that role. The Department of Social Protection provides a range of income supports to carers, including Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance, and the Carer’s Support Grant, with combined spending estimated at over €1.9 billion in 2025.
The main objective of these payments is to support individuals whose ability to earn is significantly reduced due to their caring responsibilities, ensuring the ongoing care of those in need. Carer's Allowance is an income support payment. It is not, and was never intended to be, a wage for caring, and as such, the question of a leave entitlement does not arise.
To qualify for Carer’s Allowance, a person must provide full-time care and attention, this is defined as at least 35 hours of care, across at least five days in a period of seven consecutive days.
However, Regulations provide that carers may be absent from the State, on holiday, for up to three weeks in any calendar year without this affecting their Carer’s Allowance payment. During this time, alternative care arrangements must be in place.
There are no plans to change these arrangements at present.
I trust that this clarifies the issue for the Deputy.
Social Welfare Benefits
Ceisteanna (276)
Brian Stanley
Ceist:276. Deputy Brian Stanley asked the Minister for Social Protection the total budget for the treatment benefit (PRSI used dental) scheme in 2024 and 2025; and if he will make a statement on the matter. [36786/25]
Amharc ar fhreagraFreagraí scríofa
Provisional expenditure in 2024 on Dental treatments under the Treatment Benefits scheme was €75.4 million and the 2025 Revised Estimate for Dental treatment as part of the Treatment Benefit scheme is €73.3 million.
Social Welfare Eligibility
Ceisteanna (277)
John Paul O'Shea
Ceist:277. Deputy John Paul O'Shea asked the Minister for Social Protection if a decision has been made on the review of a decision on a carer’s allowance application by a person in County Kerry (details supplied); and if he will make a statement on the matter. [36838/25]
Amharc ar fhreagraFreagraí scríofa
The Social Welfare Appeals Office is a service 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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision on 1st July 2025, as the means of the person concerned exceeded the statutory means limit. The person concerned will be notified in writing of the Appeals Officer’s decision in the coming days.
I trust this clarifies the matter for the Deputy.
Social Welfare Eligibility
Ceisteanna (278, 279)
Michael Cahill
Ceist:278. Deputy Michael Cahill asked the Minister for Social Protection if persons in receipt of carer’s allowance have to be reassessed when the new changes are introduced, including persons who were recently reassessed (details supplied); and if he will make a statement on the matter. [36839/25]
Amharc ar fhreagraMichael Cahill
Ceist:279. Deputy Michael Cahill asked the Minister for Social Protection if the amount of savings allowed for persons in receipt of carer’s allowance will be increased when the new changes are introduced (details supplied); and if he will make a statement on the matter. [36840/25]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 278 and 279 together.
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.
From July, the weekly income disregards for CA will increase from €450 to €625 for a single person, and from €900 to €1,250 for carers with a spouse/partner.
The change will not affect customers currently in receipt of the full weekly rate of CA. However, anyone who is currently in receipt of a reduced weekly rate of CA due to their means will see an increase in their payment from July onwards. Payments have been adjusted automatically to take account of the new income disregards so customers do not need to contact the Department regarding these increases.
In 2022 the capital and savings disregard for the CA means assessment increased from €20,000 to €50,000. This equates to €100,000 in the case of a carer who is part of a couple.
This means that capital (such as savings, investments, or property other than your home) up to these thresholds is not counted in the means test for CA.
In respect of inheritance it should be noted that customers are under a legal obligation to report any change in their circumstances (including means/employment etc) to the Department which may affect their eligibility to a particular scheme, and such notifications may trigger a review of a person's entitlement.
Customers can notify the Department of a change in circumstance by post or email, although the quickest way to inform the Department is via MyWelfare. Customers with a verified MyWelfare account can upload their document regarding a change in circumstance via the Manage my Claim option. The customer will then receive an instant notification confirming that the document has been uploaded.
I hope this clarifies matters for the Deputy.
Question No. 279 answered with Question No. 278.
Social Welfare Benefits
Ceisteanna (280)
Niamh Smyth
Ceist:280. Deputy Niamh Smyth asked the Minister for Social Protection if he will review correspondence (details supplied); and if he will make a statement on the matter. [36844/25]
Amharc ar fhreagraFreagraí 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.
Means are any income belonging to the carer and their spouse / civil partner / cohabitant, property (except their own home) or an asset that could bring in money or provide them with an income, for example occupational pensions, or pensions or benefits from another country.
I can confirm that my Department received an application for CA from the person concerned on 7 October 2024. The claim was disallowed as the means of the person exceeded the statutory limit.
The person concerned was notified of this decision on 6 December 2024. They were also notified of their right to have the decision reviewed (where further information is available) 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 on 29 January 2025. The appeal was disallowed and the original decision was upheld. The person concerned was notified of this decision on 27 May 2025.
A further review of the original decision was initiated of foot of correspondence received on 30 June 2025. Following this review, and due to the increase in weekly income disregards for CA effective from 3 July 2025, CA has been awarded to the person concerned from that date. The person concerned was notified of this decision on 1 July 2025.
The first payment will issue to the nominated post office of the person concerned on 10 July 2025.
I hope this clarifies the position for the Deputy.
Social Welfare Code
Ceisteanna (281)
Michael Cahill
Ceist:281. Deputy Michael Cahill asked the Minister for Social Protection if he will increase carers hours by one hour in line with part time contracts (details supplied); and if he will make a statement on the matter. [36850/25]
Amharc ar fhreagraFreagraí scríofa
Carer's allowance 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.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or continual supervision in order to avoid danger to him or herself and that they are likely to require this level of care for at least twelve months.
The minimum hours condition for which a carer can be regarded as providing full-time care and attention is set out in legislation. The time spent providing care each week must not be less than 35 hours per week over 5-7 days.
However, in order to support a carer’s continued attachment to the workforce and to support broader social inclusion, carers may engage in some limited employment, including self-employment, education or training, of up to 18.5 hours per week, while still being regarded as being in a position to provide full-time care. During this time of employment, education or training, adequate provision must be made for the care of the relevant person.
In Budget 2020, the hours threshold was increased from 15 to 18.5 hours per week. This measure was prioritised in response to carers who had stated that they found the previous number of 15 hours to be too restrictive.
In setting the relevant working hours thresholds, it is essential to balance the needs of the carer and the person to whom care is being provided. It is considered that the current limit of 18.5 hours represents a reasonable balance between meeting the care recipient's requirement for full-time care and the carer's need to maintain contact with the workforce. In effect, a carer can engage in employment, education or training for half of a full-time working week.
This Department acknowledges the crucial role that carers play in Irish society and is fully committed to supporting carers in that role. Any proposals for further changes to the hours threshold would have to be considered in a policy and budgetary context.
I trust that this clarifies the matter for the Deputy.
Social Welfare Eligibility
Ceisteanna (282)
Michael Cahill
Ceist:282. Deputy Michael Cahill asked the Minister for Social Protection to examine the case of a person (details supplied) and advise on entitlements; and if he will make a statement on the matter. [36851/25]
Amharc ar fhreagraFreagraí 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.
The two principal conditions for receipt of CA are that full-time care and attention is required and being provided, and that the means test is satisfied.
The minimum hours condition for which a carer can be regarded as providing full-time care and attention is set out in legislation. The time spent providing care each week must not be less than 35 hours per week over 5-7 days.
However, in order to support a carer’s continued attachment to the workforce and to support broader social inclusion, carers may engage in activities such as employment, including self-employment, education or training, up to 18.5 hours per week, while still being regarded as being in a position to provide full-time care. During this time of employment, education or training, adequate provision must be made for the care of the relevant person.
Legislation provides that the means test takes account of the income and assets of the person (and spouse, civil partner or cohabitant) applying to the scheme. The capital and savings disregard for the CA means assessment is €50,000 for a single carer and €100,000 in the case of a carer who is part of a couple.
In recent years there have been a number of significant changes made to the CA means test. From July, there will be a further increase which will see the weekly income disregard rise from €450 to €625 for a single person, and from €900 to €1,250 for carers with a spouse or partner.
To clarify, if a carer is single and not working over the 18.5 hours threshold, then the first €625 of their gross weekly income is disregarded (not taken into account) when calculating whether they qualify for CA. If a carer is married, in a civil partnership or cohabiting, the first €1,250 of their combined gross weekly income is disregarded.
The means test for CA has been significantly eased over the years and is now one of the most generous means tests in the Social Welfare System.
I trust that this clarifies the matter for the Deputy.
School Meals Programme
Ceisteanna (283, 284, 285, 286, 287)
Ken O'Flynn
Ceist:283. Deputy Ken O'Flynn asked the Minister for Social Protection the quality assurance mechanisms his Department has in place to monitor the implementation of the Hot School Meals Programme; if he will confirm whether any inspections or audits were carried out during the 2024–2025 academic year; if his Department intends to publish the findings of these inspections; and if he will outline the enforcement procedures that exist in instances of non-compliance by providers. [36854/25]
Amharc ar fhreagraKen O'Flynn
Ceist:284. Deputy Ken O'Flynn asked the Minister for Social Protection whether he is satisfied that the meals served under the Hot School Meals Programme align with national and international nutritional guidelines for children; if his Department has conducted any independent assessments of the meals provided; and if he will outline the specific steps taken to address the prevalence of ultra-processed foods, such as chips, pizza, processed meats, and carbonara in participating schools. [36855/25]
Amharc ar fhreagraKen O'Flynn
Ceist:285. Deputy Ken O'Flynn asked the Minister for Social Protection if he will outline the steps his Department has taken to ensure that children with coeliac disease and other medical dietary requirements are fully and equally included in the Hot School Meals Programme; if he has engaged with relevant advocacy groups (details supplied); and whether his Department is preparing reforms to provide medically safe, inclusive meal options for all pupils, regardless of dietary need. [36856/25]
Amharc ar fhreagraKen O'Flynn
Ceist:286. Deputy Ken O'Flynn asked the Minister for Social Protection if his Department has conducted any assessment of the levels of food waste generated under the Hot School Meals Programme; whether any formal cost-benefit or value-for-money analysis has been carried out; and if he will indicate whether infrastructural investment or centralised food preparation models are being considered to improve sustainability and efficiency ahead of the programme’s national expansion. [36857/25]
Amharc ar fhreagraKen O'Flynn
Ceist:287. Deputy Ken O'Flynn asked the Minister for Social Protection to outline the scope, methodology, and reporting timeline of the current review of the Hot School Meals Programme; to confirm whether nutritionists, school management bodies, and parent organisations will be consulted as part of the process; and to indicate whether his Department is satisfied that sufficient quality control and supplier capacity exist to meet the standards expected in the forthcoming expansion of the programme to all primary schools. [36858/25]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 283 to 287, inclusive, together.
Clear nutritional standards have been in place for the School Meals Programme since its inception. A specific standard was set for School Meals under the Nutritional Standards for School Meals and Nutritional Standards for Hot School Meals. A technical Nutrition Sub Group comprised of Dietitians from the following organisations was involved in developing these standards:
• The Irish Nutrition and Dietetic Institute of Ireland,
• The HSE,
• Safefood, and
• The Food Safety Authority of Ireland.
These standards are available to all schools, organisations and suppliers and are publicly available on gov.ie.
An evaluation of the School Meals Programme was conducted in 2023. The report highlighted the effectiveness of the programme, including, improved academic results; studies show that school meals improve academic performance by increasing the time children spend in school, and support for families; the programme saves money and time on food preparation.
My department has established an interdepartmental working group, which includes the Department of Health, the Department of Education, the Food Safety Authority of Ireland and the Department of Children, Equality and Disability, to oversee and make recommendations on the operation of the scheme, including nutrition inspection and evaluation. This is a standing group which will make recommendations on matters within its remits on an ongoing basis.
Nutritional standards are a priority for me and for the Government. I have asked for a review of the scheme’s nutritional standards, and this will be conducted by a dietician who will be supervised by the Department of Health and in coordination with the Interdepartmental Group on School Meals. I have asked for a report on the nutritional standards be submitted to me by the end of the year.
In the meantime, food that is high in saturated fat, sugar and salt will be removed from the school menus by September 2025. Up to now this food had been permitted once a week at most and only when selected by the child's parents.
My department provides the funding for the meals directly to the school. The primary relationship is between the school and supplier. It is the responsibility of each school board to select a supplier on the open market, in a fair and transparent manner in accordance with public procurement rules. These rules clearly define the successful tenderer’s responsibilities and obligations, including in relation to compliance with Nutritional Standards for School Meals and Nutritional Standards for Hot School Meals.
Under the Hot School Meals Scheme, parents can choose food for their child every week from an approved menu which contains a range of options that are offered by the school’s supplier in accordance with Nutritional Standards for School Meals and Nutritional Standards for Hot School Meals. Under tender documentation, as stipulated by the Schools Procurement’s Unit, the menu is to accommodate those with food intolerances and allergies, including those with Coeliac disease. In addition, the supplier is required to check these details with the school upon award of the contract, in order to accommodate those children. The supplier must also provide clearly visible menu boards with an allergens list.
My department has an oversight role in relation to the School Meals Programme and conducts regular inspections of schools which includes reviewing the menu. Under the existing audit process, some 400 schools are inspected onsite annually by my department. These inspections assist my department in ensuring standards are being met in relation to different areas of the School Meals Programme. The final reports are for oversight and to assist in improving the School Meals Programme. The reports are for internal use in my department. The Food Safety Authority of Ireland deals with enforcement procedures in instances of non-compliance with food law by any food business operator in Ireland.
The Schools Procurement Unit, which is grant funded by the Department of Education, provides guidance to schools for all procurements including the School Meals Programme. This includes guidelines to:
• Promote sustainability,
• Offer healthy food choices,
• Reduce plastic and non-recyclable packaging,
• Support Green Public Procurement as required by the Environmental Protection Agency,
• Implementing recommendations outlined in Green Tenders – Action Plan.
In terms of packaging and waste, under tender documentation, and as stipulated by the Schools Procurement’s Unit, the school meal supplier is responsible for operating policies which progressively address environmental considerations such as waste and packaging. Depending on the school size and school meal requirements, the school will decide on the method and logistics that best meets their needs in line with environmental standards.
In addition, under tender documentation requirements, the school is committed to the principles of environmental management in its activities, and it encourages the implementation of sustainability principles in its procurement practices. The supplier should make all reasonable efforts to minimise adverse environmental impact in the methods of services delivery and in materials used. My department does not collect details of the amount of additional wastage caused by school meals.
Under the Programme for Government, I will continue to expand and improve the Free Hot School Meals programme and ensure that suppliers adhere to robust guidelines on the nutritional value of meals, the dietary requirements of students, the reduction food waste and the use of recyclable packaging.
I trust this clarifies the matter.
Question No. 284 answered with Question No. 283.
Question No. 285 answered with Question No. 283.
Question No. 286 answered with Question No. 283.
Question No. 287 answered with Question No. 283.
Emergency Accommodation
Ceisteanna (288)
Sorca Clarke
Ceist:288. Deputy Sorca Clarke asked the Minister for Justice, Home Affairs and Migration the specific health measures in place for international protection applicants residing in emergency accommodation (details supplied) where a co-resident has tested positive for Covid-19; if there are protocols to ensure isolation and medical care for those sharing rooms and communal spaces with infected individuals; and if he will make a statement on the matter. [36890/25]
Amharc ar fhreagraFreagraí scríofa
While the International Protection Accommodation Services (IPAS) does not comment on individual cases, www.assets.gov.ie/static/documents/ipas-infectious-disease-protocol-february-2024.pdf sets out how IPAS, centre management, HSE Departments of Public Health, and the HSE's National Social Inclusion Office (NSIO), interact in the event of a case or outbreak of specified infectious diseases in IPAS centres.
When isolation of a person is necessary at an IPAS Centre, due to a suspected or confirmed infectious disease, centre management will endeavour to provide a space for isolation within the accommodation.
Should isolation not be possible on site or in another accommodation centre, the Medical Officer will identify cases or contacts who require referral to the HSE National Infectious Diseases Isolation Facility (NIF) at St. Ita’s, Portrane, Co. Dublin, or another local isolation facility if available, and advise regarding the expected length of stay.
HSE Public Health facilitates a risk assessment and provides direction on the “steps necessary and desirable… for preventing the spread of such infection and for removing conditions favourable to such infection” (Article 11, Infectious Disease Regulations 1981).
HSE Public Health also informs centre management and IPAS when investigation and control of an infectious disease requires transfers to and from the accommodation centre (or part of a centre) to be suspended.
The protocol sets out all responsibilities of IPAS, its centre managers, and Public Health. Each stakeholder engages closely where an infectious disease is suspected or confirmed, to ensure residents' health and safety is prioritised.
Asylum Applications
Ceisteanna (289)
Ken O'Flynn
Ceist:289. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the number of applications for asylum or a protection order that were determined to be fraudulent, and the number of prosecutions initiated in this regard, in each of the years from 2020 to 2025; and if he will make a statement on the matter. [36679/25]
Amharc ar fhreagraFreagraí scríofa
I can assure the Deputy that I am fully committed to ensuring that Ireland's International Protection system is robust and rules based.
The International Protection process decides if an applicant has a well-founded fear of persecution, or is at risk of serious harm in their country of origin. An assessment of the applicant's identity and the credibility of their application forms a key part of this consideration but does not result in determinations as to fraud. Where a person does not have a well-founded fear, or does not have some other strong ground for remaining in the State, they are made the subject of a deportation order, unless they agree to leave voluntarily.
International Protection
Ceisteanna (290)
Michael Murphy
Ceist:290. Deputy Michael Murphy asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No. 415 of 12 June 2025, if he will provide a detailed summary of costs solely associated with the delivery of the modular units in Clonmel. [35244/25]
Amharc ar fhreagraFreagraí scríofa
Works are now nearing completion at the final site of the Rapid Build programme, in Haywood, Clonmel. This will bring the final output of the programme to 654 homes, with the capacity to accommodate 2,640 people fleeing the war in Ukraine.
I am advised that a detailed summary of costs specific to the units in Clonmel as sought by the Deputy is not yet available as the full programme has not reached completion.
An Garda Síochána
Ceisteanna (291)
Tom Brabazon
Ceist:291. Deputy Tom Brabazon asked the Minister for Justice, Home Affairs and Migration his plans to increase the number of civilian staff in An Garda Síochána in the Dublin metropolitan region. [36736/25]
Amharc ar fhreagraFreagraí scríofa
I am committed to ensuring that An Garda Síochána has the resources it needs to fight crime and a strengthened, well-resourced Garda organisation is central to this policy.
The Garda Vote in Budget 2025 saw unprecedented funding of over €2.48 billion for this year, a 27% increase since 2020 which is supporting the continued recruitment of Garda members and staff.
The overall Garda workforce, which includes Gardaí, Garda Staff and Reserves is higher than
ever at 18,000.
As of the end of May 2025, the latest date for when figures are available, there are 3,507 whole time equivalent Garda Staff within An Garda Síochána, accounting for about 19% of the overall Garda workforce, This represents an increase of over 75% since 2015 when there were approximately 2,000 Garda Staff.
Garda Staff are an integral part of our policing service and they are involved in the provision of a wide range of administrative, professional and technical services. As well as providing clerical support and financial management functions in Garda stations and offices across the country; Garda Staff carry out a range of specialised support roles.
The significant increase in Garda staff has enabled 900 Gardaí to be freed up for frontline duties.
In January of this year, the nationwide transfer of immigration registration functions from An Garda Síochána to my Department was completed. This completes the full civilianisation of the Garda administrative immigration functions.
Prior to this transfer over 100 Gardaí were assigned to immigration duties. The release of these Gardaí now enables Garda management to focus resources more on enforcement and operational matters such as deportations and investigations.
The Commission on the Future of Policing in Ireland (CoFPI) recommended that Garda staff be recruited directly to An Garda Síochána as public servants, rather than to the Civil Service. A central tenet of the CoFPI report was that An Garda Síochána should be seen and treated as a single organisation with a single workforce who share a common mission. It found that more integrated workforce structures were required to leverage the different skills and perspectives of Garda members and Garda staff and thereby to contribute to enhancing the capacity of the organisation to deliver better policing outcomes.
It is for this reason that the Policing, Security and Community Safety Act 2024 provides that Garda Staff will in future be recruited and appointed by the Garda Commissioner as public servants. Senior members of Garda Staff will be appointed by the Commissioner with the approval of Bord an Garda Síochána.
Detention Centres
Ceisteanna (292)
Gary Gannon
Ceist:292. Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration when Ireland will finally ratify and implement the Optional Protocol to the UN Convention Against Torture, given Ireland’s long-standing commitment and repeated calls from civil society and international monitoring bodies; if he will provide a clear timeline for establishing the national preventive mechanism; and to outline the barriers that remain to enabling independent, unannounced inspections across all places of detention, including Garda stations, direct provision centres, and Oberstown. [36739/25]
Amharc ar fhreagraFreagraí scríofa
I can confirm that Ireland ratified the UN Convention against Torture in 2002 and signed the Optional Protocol to the convention (OPCAT) in 2007. The ratification of OPCAT will take place when the necessary legislation and structures are in place to give full effect to it. As new legislation is required, it must be enacted by the Oireachtas before ratification can take place.
The Programme for Government 2025 commits to enacting the Inspection of Places of Detention Bill to enable ratification of the UN Optional Protocol to UN Convention on Torture (OPCAT). The General Scheme of the Places of Detention Bill was approved by Government in June 2022 and it is on the Government priority list for drafting.
My Department is currently working with the Office of Parliamentary Counsel towards publication of the Bill later this year.
The legislation will provide for the designation of a single National Preventive Mechanism (NPM) to visit and inspect all places of detention in the Justice Sector and for Government Ministers in other sectors to appoint appropriate NPMs for places of detention within their remit, for example certain health care settings.
The existing post of Inspector of Prisons will be replaced by a new post of Chief Inspector of Places of Detention and a person will be appointed to the role of NPM for the Justice sector to include prisons, Garda stations, the courts and vehicles used by the Irish Prison Service and Gardaí. The Inspector of Prisons has been supported with additional funding and resources to expand the current prison inspection programme and to prepare the office for the new role as NPM.
In the meantime, the existing mechanisms for inspections will remain in place. Prisons are subject to both scheduled and unannounced inspections by the Inspector of Prisons.
The new Policing and Community Safety Authority took over the responsibilities of the Garda inspectorate and the Policing Authority in April this year. Among other oversight responsibilities, the Authority will be responsible for inspections of Garda Stations.
Children’s Detention falls under the responsibility of the Department of Children, Disability and Equality, however inspections are carried out by the Health Information and Quality Authority (HIQA). State accommodation for immigration purposes in IPAS facilities is not a place of detention, but is inspected by HIQA.
Prison Service
Ceisteanna (293)
Gary Gannon
Ceist:293. Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration the steps being taken to ensure Ireland’s prison system complies fully with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), particularly regarding the use of solitary confinement, access to healthcare, contact with the outside world and access to rehabilitation supports; and if he will commit to publishing an audit of current compliance levels and a timeline for achieving full alignment with these international standards. [36740/25]
Amharc ar fhreagraFreagraí scríofa
I would like to assure the Deputy that in relation to conditions of detention for all prisoners, either physical or regime, the Irish Prison Service strives to conform to international standards including those instruments set out by the United Nations as a minimum. Where possible, the Irish Prison Service endeavours to exceed these standards and, where deficiencies are identified, they ensure appropriate action is taken to address them.
Among the specific steps taken to bring the Irish prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) are measures related to solitary confinement. This includes the introduction of Statutory Instrument 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and provides for prisoners to be allowed to spend a minimum period of 2 hours out of his or her cell daily.
This Statutory Instrument is operationalised through the Irish Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website.
I would like to advise the Deputy that the Irish Prison Service collate statistics regarding prisoners on a restricted regime are collated, that are published on their website (www.irishprisons.ie). This information can be found in the Information Centre under Statistics & Information, Census Reports.
In relation to access to healthcare, the provision of healthcare services is a statutory obligation of the Irish Prison Service as defined in the Prison Rules 2007. IPS policy provides that healthcare services that are equivalent to those made available to citizens in the general community, in line with arrangements for medical card holders under the General Medical Services Scheme are available to prisoners.
To support rehabilitation, reduce reoffending and assist with reintegration into society, people in custody have access to a growing range of medical and rehabilitative services. These include methadone substitution treatment, counselling, psychological intervention, peer to peer support programmes, psycho-education and the Treatment and Rehabilitation Programme provided by Merchants Quay Ireland, available in the Medical Unit in Mountjoy Prison.
Treatment provided to people in prison who may be struggling with addiction is in line with the provisions of the following: National Drug Strategy; the Irish Prison Service Drugs Strategy 2023-2026; the Irish Prison Service Health Needs Assessment and the High Level Task Force on the mental health and addiction challenges of persons interacting with the criminal justice system. The Irish Prison Service also works closely with Alcoholics Anonymous and Narcotics Anonymous who provide support to people in custody across the prison estate.
Interventions that support prisoners to address addiction and rehabilitation require engagement and action, including follow up access to services on release, which is supported by cross-departmental and cross-agency strategies. My Department is committed to implementing a range of policies to achieve this. The Review of Policy Options for Prison and Penal Reform includes the increased use of alternatives to custodial sanctions, while the recommendations of the High Level Taskforce consider the mental health and addiction challenges of those who come into contact with the criminal justice sector. Additionally, the Irish Prison Service Health Needs Assessment makes recommendations around strengthening and improving healthcare services within prisons.