Written Answers Nos. 176-195
177. Deputy Ann Graves asked the Minister for Social Protection if he will review the eligibility criteria for jobseeker’s benefit or allowances, as they exclude many young people from welfare payments who are well deserving, as in the case of a person (details supplied). [4626/26]
Amharc ar fhreagraAll jobseeker's payments have certain eligibility requirements in order for a person to qualify for a payment. Scheme eligibility conditions are kept under review for all jobseekers including young people. Jobseeker's Pay Related Benefit and Jobseeker's Benefit have specific qualifying PRSI contribution conditions and Jobseeker's Allowance is a means tested payment.
In the case outlined by the Deputy the person does not meet the qualifying contribution conditions for Jobseeker's Pay-Related Benefit. The person was advised of this decision and was invited to apply for Jobseeker's Allowance. Where a person is living with a parent or step-parent in the family home, an assessment is made of the yearly value of any benefit and privilege enjoyed by that person by virtue of residing with a parent or step parent. The assessment of parental income continues to apply to persons aged under 25 who apply for Jobseeker's Allowance and who reside with a parent or step-parent. In this case the person did not satisfy the means test for a Jobseeker's Allowance payment.
If a person is not able to meet their needs, they may apply for Supplementary Welfare Allowance (SWA). Each SWA scheme is subject to relevant eligibility criteria based on the circumstances of each case and includes a means or income test. Further information is available at their local Intreo or Brach Office or at www.gov.ie/SWA.
I trust this clarifies the issue for the Deputy.
178. Deputy Eoin Hayes asked the Minister for Social Protection the measures being taken by the Department to develop a charter of rights for so called critical or front-line workers; and if he will make a statement on the matter. [4725/26]
Amharc ar fhreagraI have no plans to introduce such a charter nor is it within my ministerial remit to do so.
I trust this clarifies the matter for the Deputy.
179. Deputy Eoin Hayes asked the Minister for Social Protection the total amount paid to survivors of clerical abuse and the number of survivors compensated by the State; how much of that amount was contributed by religious institutions; and if he will make a statement on the matter. [4732/26]
Amharc ar fhreagraThis is not a matter for my Department but rather for a number of my colleagues across other Government Departments.
180. Deputy Michael Fitzmaurice asked the Minister for Social Protection the reason no social welfare inspector or community welfare officer is available in the Castlerea office, County Roscommon; if and when these positions will be filled; and if he will make a statement on the matter. [4784/26]
Amharc ar fhreagra181. Deputy Michael Fitzmaurice asked the Minister for Social Protection if a community welfare officer could be assigned to attend the Castlerea office, County Roscommon, one day per week to meet with local people in need of this service for appointments; and if he will make a statement on the matter. [4785/26]
Amharc ar fhreagraI propose to take Questions Nos. 180 and 181 together.
The delivery of crucial and locally based community welfare services to meet the challenges and the needs of people across the country is a priority for me and for my department. The Community Welfare Service (CWS) continues to provide a flexible service to meet the different needs of people, who may find themselves in a financially difficult or vulnerable situation. It is important that this service is easily accessible and responsive to our client’s needs.
Community Welfare Officers (CWOs) are physically on site daily in over 51 Intreo Centres across the country where they are available to be seen without an appointment, during business hours, Monday to Friday. In addition to meeting people in Intreo Centres and DSP offices, CWOs can facilitate an appointment within a short time of a person requiring such a meeting, at a mutually agreed location, including at the person's home. These arrangements ensure people who need a service have comprehensive options for accessing the service in person.
There is a Community Welfare Officer (CWO) based in the Intreo Centre in the nearby town of Roscommon who is available to meet with clients living in the Castlerea area of Co Roscommon. Alternatively, there is a CWO based in Boyle who is also available to meet with clients from Castlerea if that is more suitable. Where a person requires an appointment or a visit, this can also be facilitated at their home or another suitable location if they prefer.
While local face-to-face engagement with people continues to be a cornerstone of the community welfare service, it is important to mention that a person does not need to meet with a CWO to make an application. Any person who needs to access the CWS can call the National CWS freephone number at 0818 60 70 80, to make an appointment or to speak directly to a CWO.
A person can speak with a CWO over the phone if they do not wish to travel to meet with a CWO in person. There is a high uptake of this service which allows people to have their needs met without the requirement to travel. Furthermore, the introduction of the online claim facility via www.mywelfare.ie also means that customers can now submit a claim for an Additional Needs Payment online which will receive a decision by a CWO.
Where it is clear that a person has an urgent or immediate need, every effort is made to ensure that the claim is processed on the same day. CWOs are very experienced and can generally assess when a case is so urgent that it requires an immediate response. They have the facility to issue a same-day cheque payment to people who present to CWOs in person each week receive a manual cheque payment on the day that they attend.
In addition to the above, there is currently a vacancy for a Social Welfare Inspector (SWI) in Castlerea and a recruitment process for this position is in train. Any cases relating to the Castlerea area which require the involvement of a SWI are currently being undertaken by other SWI's in Roscommon on an interim basis until the vacancy is filled.
Additionally, I have asked my officials to host an information session on the Community Welfare Service for all Oireachtas members. Details of this will be communicated shortly, and I will ensure that the Deputy is made aware of it.
I trust this clarifies the matter.
182. Deputy Malcolm Byrne asked the Minister for Social Protection how he ensures that all websites operated by his Department are accessible to the visually impaired. [4824/26]
Amharc ar fhreagraMy Department is committed to ensuring that websites operated by it are accessible to all, regardless of ability. In order to achieve this, we have designed our websites to follow guidelines set out by the W3C (the World Wide Web Consortium). The W3C WAI (Web Accessibility Initiative) produces accessibility guidelines that are an internationally recognised benchmark of accessibility.
MyWelfare is committed to achieving WCAG 2.1 and 2.2 Level AA standard of accessibility and is currently partially conformant with WCAG 2.1 and WCAG 2.2 Level AA guidelines. WelfarePartners is currently complying with WCAG 2.0 Level AA guidelines. As new services are designed and built on both platforms, rigorous accessibility testing is completed to ensure that the service meets necessary accessibility standards, with any issues that may be found during that testing addressed. The testing approach includes running automated tests, manually checking against WCAG criteria, and testing with assistive technology such as screen readers/NVDA.
Our online HR careers portal conforms with the WCAG 2.1 Level AA to ensure accessibility for all candidates. JobsIreland.ie, the Department’s free online recruitment platform, is partially conformant with WCAG 2.1 level AA. The Department is currently procuring a new JobsIreland.ie service, and this will meet all accessibility standards using an Accessibility by Design approach.
My Department publishes information on schemes and services on the cross government platform gov.ie. This site meets the WCAG 2.1 AA international accessibility standards, and work is underway to transition to WCAG 2.2 AA. The Office of the Government Chief Information Officer (OGCIO) manages the technical platform and centrally maintained content and my Department is responsible for publishing our own material and working to ensure accessibility of this information.
Our approach to content development on all platforms reflects the accessibility standards, aligned with those set out by OGCIO:
• Using Plain English
• Ensuring the hierarchy of headings is logical and consistent
• Using alt text on all images so they can be understood by those using screen readers,
• Colour contrast
• Choosing HTML over PDFs whenever possible
• Requirements for all videos to be captioned
Gov.ie accessibility is monitored continuously through automated testing, manual reviews and the regular audits carried out by the National Disability Authority (NDA) under the statutory monitoring framework. Accessibility statements are kept up to date, and any issues identified through audits or user feedback are addressed. Recent NDA assessments confirmed full compliance for gov.ie in the simplified review and a high score in the in-depth review. This places gov.ie among the most accessible public-service websites in Ireland. To support high-quality user experience for visually impaired users, the OGCIO applies accessibility best practice, including compatibility with screen readers, maintaining appropriate colour contrast, and ensuring that all gov.ie enabled services can be operated using keyboard-only navigation.
The Department of Social Protection continues to work to improve the accessibility of our information and services and welcomes user feedback in order to help us to maintain and improve accessibility in our communications.
183. Deputy Malcolm Byrne asked the Minister for Social Protection if any website or other platform operated by his Department uses an AI-enabled chatbot; if there are plans to use chatbots; in what circumstances; and if he will make a statement on the matter. [4842/26]
Amharc ar fhreagraMy Department continues to examine the potential future use of Artificial Intelligence (AI) technologies. None of the websites or platforms operated by my Department currently use AI enabled chatbots. A chatbot service is provided on the MyGovID platform which leverages Azure Cognitive service to handle customer queries based on MyGovID FAQs. This provides the customer with advice in real time on how best to utilise the MyGovID service.
The Office of the Government Chief Information Officer (OGCIO) has responsibility for the gov.ie platform, used across all government departments and any adoption of AI technologies.
184. Deputy Malcolm Byrne asked the Minister for Social Protection the total sums spent for each year from 2016 to 2025, inclusive of advertising, by his Department on social media or online platforms, including identifying separately payments to influencers on such platforms; and to set out the annual totals for that period to each specific platform, including but not limited to major platforms (details supplied). [4861/26]
Amharc ar fhreagraMy Department administers more than 140 separate schemes and services, which affect the lives of almost every person in the State. We are committed to ensuring that members of the public are aware of the welfare supports and services available, and that key changes are communicated to them. Public information campaigns, including advertising on digital and social media platforms, are an important part of this work.
Please see below in tabular form the total sums spent by my Department, inclusive of advertising, on social media platforms in the years 2021-2025. The total cited per year represents the total expenditure invoiced and paid within each year – this may include work undertaken in the previous year but not invoiced until that year. Please note that these figures exclude VAT, ASAI, and agency fees.
|
Year |
Meta (Facebook and Instagram) spend |
X (previously Twitter) spend |
LinkedIn spend |
TikTok spend |
Snapchat spend |
Total social media spend |
|
2021 |
€108,305.61 |
€29,242.31 |
€3,093.98 |
Nil |
Nil |
€140,641.90 |
|
2022 |
€66,364.82 |
€21,271.55 |
€8,978 |
Nil |
Nil |
€96,614.37 |
|
2023 |
€126,219.99 |
€44,997.52 |
Nil |
€3,108.00 |
Nil |
€174,325.51 |
|
2024 |
€168,383.15 |
Nil |
€28,037.70 |
€1,349.41 |
Nil |
€197,770.26 |
|
2025 |
€212,938.76 |
Nil |
€90,843.03 |
€26,181.63 |
€11,399.32 |
€341,362.74 |
A detailed breakdown by platform is not available for the years prior to 2021. However information on spend in those years is as follows:
• The total sum spent on social media in 2016 was nil; in 2017 this was €15,500 and in 2018 this was €4,828.52. These figures exclude VAT, ASAI, and agency fees.
• The total sum spent on digital media (including programmatic advertisements and ads with Google, Video on Demand (VOD) including YouTube, Meta, X, Snapchat and TikTok) in 2019 was €184,919, and in 2020 this was €396,785. These figures are inclusive of VAT and agency fees.
The total sums spent by my Department on advertisements with Google, inclusive of search advertisements, display media, YouTube and the display and video 360 platform (DV360), are provided in tabular form below for the years 2021-2025. Please note that these figures exclude VAT, ASAI, and agency fees. This data is not available for the years prior to 2021.
|
Year |
Google advertising spend |
|
2021 |
€76,628 |
|
2022 |
€48,548 |
|
2023 |
€107,037 |
|
2024 |
€84,743 |
|
2025 |
€91,937 |
I can confirm that my Department has not engaged with or made payments to any social media influencers as part of our campaigns.
185. Deputy Cian O'Callaghan asked the Minister for Social Protection his views on the extension of the homeowner's once-off payment in respect of 2025 mortgage interest payments; if he will consider a case (details supplied); and if he will make a statement on the matter. [4972/26]
Amharc ar fhreagraThe Finance Act 2023 introduced the Mortgage Interest Tax Credit (MITC) available through Revenue. This tax credit is for taxpayers who have made payments in respect of a qualifying loan for a principal private residence. The Mortgage Interest Tax Credit was originally only available for the year 2023.
In Finance Act 2024, it was extended to include the year 2024. In Finance Act 2025, it was further extended to include the years 2025 and 2026.
The Homeowner's Once-Off Payment was a separate payment, administered by the Department of Social Protection. A person may have been eligible for support through this payment, only where they had not benefitted from any of the MITC, from the Revenue Commissioners. The Homeowner’s Once-Off Payment scheme was applied in respect of mortgage interest payments in 2023 and 2024 only and was not extended to include 2025 or 2026.
According to the records of the Department, no application for a Homeowner’s Once-Off payment has been received from the person concerned. The Homeowner’s Once-Off Payment in respect of the year 2024, closed on 31 March 2025. Applications received after this date will not be accepted.
If the person concerned has any queries in relation to the MITC for the previous years, it is advisable that they contact the Office of the Revenue Commissioners for further assistance.
I trust this clarifies the matter for the Deputy.
186. Deputy Rose Conway-Walsh asked the Minister for Social Protection if he will intervene to reinstate the disability allowance for a person (details supplied); and if he will make a statement on the matter. [5080/26]
Amharc ar fhreagraDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
Social welfare legislation provides that for means-tested social assistance schemes, all income and assets belonging to the claimant, and his or her spouse or partner where applicable, are assessable for means-testing purposes. The purpose of the means test is to ensure that resources are directed to those with the greatest need for income supports by the State.
The means test takes account of the income a person or couple has in terms of cash, property, other than the family home, and capital.
My Department received correspondence from the person concerned on 06 August 2025, notifying a change of circumstances. Following the review, it was established that the person concerned does not meet the criteria for DA effective from 29 October 2025.
The person concerned was assessed with means of €1,106.81, which exceeds the weekly statutory limit of €456.00. Means derived from the person concerned rehabilitative employment and their Spouse’s Employment
The person concerned was notified on 04 November 2025 of this decision, the reason for it and her right of review and appeal.
No request for a review/an appeal has been received to date.
I trust this clarifies the matter for the Deputy.
187. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of Irish immigration residence permissions issued to students pursuing educational courses in the State in each of the past five years, by type of educational course, university, or English language school, by country of origin, in tabular form; and if he will make a statement on the matter. [4537/26]
Amharc ar fhreagra188. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of Irish immigration residence permissions issued to students pursuing educational courses which have been terminated in each of the past five years, in tabular form; and if he will make a statement on the matter. [4538/26]
Amharc ar fhreagra189. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of incidences of students holding an immigration stamp 2 permission that have been found to be in breach of the restrictions on working hours (20 hours per week during term time) for each of the past five years, in tabular form; and if he will make a statement on the matter. [4539/26]
Amharc ar fhreagraI propose to take Questions Nos. 187, 188 and 189 together.
The Programme for Government contains a commitment to publish a National Migration and Integration Strategy detailing how the Government intends to meet the demands and opportunities facing Ireland’s society and economy over the next decade. My Department is currently working with other Government Departments to develop this strategy with the aim to publish it this year.
As part of this strategic approach, I am reviewing the area of student permissions, including with regard to English Language students. This work is aimed at ensuring that the system remains robust and rules-based, supports high-quality education providers, and continues to offer a positive experience for genuine students coming to Ireland.
I can advise the Deputy that international students from outside the EU/EEA are granted a residence permission on Stamp 2 conditions where they have enrolled on, and commenced a course listed on the Interim List of Eligible Programmes (ILEP), or eligible programmes offered by providers with authorisation to use the new TrustEd Education mark awarded by the Quality and Qualifications Ireland (QQI).
ILEP is currently being superseded by TrustEd Ireland, the international education mark launched in September 2024 by QQI and the Department of Further and Higher Education, Research, Innovation and Science. TrustEd Ireland is a new statutory quality mark and part of a suite of legislative measures designed to further protect international learners.
Once the ILEP is discontinued, only education providers which are granted authorisation to use the TrustEd Ireland mark provided by QQI will be eligible to recruit non-EU/EEA students to English language programmes, foundation programmes and higher education programmes leading to awards within the National Framework of Qualifications (NFQ).
The new mark will be awarded to higher education and English language education providers who have demonstrated that they meet national standards to ensure a quality experience for international learners from pre-enrolment through to the completion of their programme of education and training.
All education providers listed on the ILEP are required to maintain attendance records and this is a key criterion under ILEP. They must have clear systems in place for the recording of attendance and clearly outline the rules on punctuality and the related penalties. Such records must be available for inspection by, or submission to, the Immigration Service Delivery (ISD) of my Department at any time.
Any education provider may be subject to unannounced inspections, on-line monitoring, or random spot checks to ensure its compliance with ILEP criteria, and this includes the maintenance of records and reports. These may be requested by ISD at any time and failure to do so can result in the removal of a provider from the ILEP.
If a student is expelled, withdraws, or fails to attend, all ILEP providers are required to notify ISD. In August 2025, my Department communicated with all ILEP listed English Language providers seeking their agreement in respect of data sharing for the purpose of processing student residence permissions. All providers intending to recruit non-EEA national students replied positively and in agreement.
Where students have not complied with the conditions of their Stamp 2 permission, in terms of course attendance and progression, they may be subject to revocation of that residence status.
The primary purpose of the Stamp 2 is to provide opportunities for study in Ireland. All applicants must show that they have sufficient funds to support their stay in Ireland without recourse to public funds, or the reliance on casual employment. Stamp 2 holders may, however, engage in casual employment for a maximum of 20 hours per week during school term and 40 hours per week during holidays.
Statistics are not available on the number of students who have had their immigration permission terminated for breaching the conditions of the scheme.
My Department holds information regarding the number of people registered at each particular educational institution, but this is not published as this could be considered commercially sensitive.
The table below shows a breakdown of the nationality of those granted a Stamp 2 student permission by my Department over the previous 5 years.
Stamp 2 permissions issued by nationality and year from 2021 to 2025
|
|
2021 |
2022 |
2023 |
2024 |
2025 |
|
Brazilian |
7,143 |
16,235 |
18,058 |
15,317 |
15,077 |
|
Indian |
5,334 |
6,924 |
8,927 |
12,214 |
10,712 |
|
Chinese |
2,507 |
3,451 |
4,176 |
4,663 |
4,218 |
|
American |
1,838 |
2,269 |
2,565 |
2,648 |
2,421 |
|
Canadian |
1,290 |
1,382 |
1,434 |
1,690 |
1,408 |
|
Mexican |
1,194 |
3,227 |
3,738 |
3,607 |
3,856 |
|
Malaysian |
990 |
1,313 |
1,342 |
1,392 |
1,131 |
|
Turkish |
927 |
2,676 |
1,931 |
971 |
463 |
|
Nigerian |
791 |
841 |
847 |
860 |
672 |
|
Kuwaiti |
605 |
782 |
840 |
821 |
651 |
|
Chilean |
475 |
2,495 |
2,445 |
2,123 |
2,079 |
|
Pakistani |
376 |
519 |
783 |
1,072 |
1,472 |
|
Bolivian |
321 |
1,205 |
1,968 |
918 |
334 |
|
Mongolian |
197 |
1,195 |
1,884 |
2,227 |
2,441 |
|
All others |
4,729 |
8,331 |
9,944 |
10,378 |
9,577 |
|
Total |
28,717 |
52,845 |
60,882 |
60,901 |
56,512 |
*Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.
** These figures reflect the people, or unique individuals, required to register or renew their immigration permission in a calendar year. Most renewals are annual, however, there may be students that were required to register/renew multiple times in the same calendar year, such as English Language students. Therefore, these numbers per year should not be summed to an overall total but rather reflect the number of unique individuals required to register or renew in that calendar year.
190. Deputy Noel McCarthy asked the Minister for Justice, Home Affairs and Migration if consideration is being given to the introduction of a single Garda vetting application process which would be sufficient proof of an individual passing the process for any applications sought within a specific time period or for individual sectors such as sports clubs or educational facilities; the reasoning behind the need for another vetting procedure for an individual seeking entry to an organisation that has recently passed the process for a similar organisation; and if he will make a statement on the matter. [4541/26]
Amharc ar fhreagraThe primary purpose of vetting carried out by the Garda National Vetting Bureau (GNVB) is to ensure the safety of children and vulnerable adults. This requires a robust Garda vetting process that reassures the public, and in particular parents, that appropriate checks are conducted on people taking on positions of trust.
I am informed by Garda authorities that the current Garda Vetting system is delivered in a standard format to each organisation seeking Garda Vetting and this methodology is in line with good practice internationally.
The Garda Vetting Review Group was established with a primary focus to deliberate and formulate recommendations to strengthen the vetting legislation in an effective manner.
The Review Group was tasked with ensuring that any changes to the vetting process ensure it remains robust, efficient and effective while improving the service to customers. This group included members of the National Vetting Bureau in An Garda Síochána, officials from my Department, Tusla and other relevant stakeholders.
The Group’s primary focus was to examine the means of strengthening the vetting legislation in a workable and effective manner, while seeking to balance this with issues that have arisen regarding the re-vetting period and the transfer of vetting across other similar activities, for example with sports teams.
While the Group has not agreed a formal report, an update on its work was submitted to me and work is being undertaken to implement a number of key recommendations, in consultation with all relevant partners.
It is my aim to ensure the vetting system is fit for purpose, robust and future-proofed to the greatest extent possible, to continue to protect our children and vulnerable adults.
191. Deputy Peadar Tóibín asked the Minister for Justice, Home Affairs and Migration if he or any of his officials have used artificial intelligence to write speeches, produce social media content for his Department, or to issue responses to parliamentary questions, since he took office; and if he will make a statement on the matter. [4598/26]
Amharc ar fhreagraI can confirm to the Deputy that my Department does not use generative artificial intelligence tools for drafting Dáíl speeches, producing social media content or issuing responses to parliamentary questions.
My Department complies with the “Guidelines for the Responsible Use of AI in the Public Service” issued by the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation also with guidance issued to all Government Departments by the National Cyber Security Centre (NCSC) in relation to the cyber security aspects.
192. Deputy Louis O'Hara asked the Minister for Justice, Home Affairs and Migration if he is aware of the barrier that court fees may have on individuals seeking to engage in litigation especially in cases of constitutional importance; if his Department is undertaking any work to review these fees; and if he will make a statement on the matter. [4663/26]
Amharc ar fhreagraMatters in regard to court fees are set by Statutory Instrument made by the Minister for Justice, Home Affairs and Migration, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. The court fee structures currently in place are designed to be proportionate and balanced to ensure continued access to justice while supporting appropriate contribution to the efficient running of the court system overall.
The current fees system reflects the need to ensure the interests of applicants as well as considering the public interest in the smooth operation of the court system. This balance of interests, as well as applicable administrative considerations, is evident in the extensive range of existing exemptions from court fees already in place in regard to specific categories of proceedings and by some State bodies.
Matters arising in relation to court fees are kept under consideration by my Department as appropriate. I can confirm that S.I. No. 492/2014 (Supreme Court, Court of Appeal and High Court (Fees) Order 2014) is currently under review with a view to revising a number of its provisions.
193. Deputy Ciarán Ahern asked the Minister for Justice, Home Affairs and Migration for an update on the implementation of Recommendation 1.12 of the Garda Inspectorate report on Transnational Organised Crime 2024 (details supplied); and if he will make a statement on the matter. [4685/26]
Amharc ar fhreagraThe recommendation referred to by the Deputy relates to the introduction of legislation to enable registered Covert Human Intelligence Sources (CHIS) to participate in crime. This matter has not been included as a priority in the significant programme of legislative reform already underway in my Department.
I can confirm to the Deputy that there are detailed guidelines governing the procedures and processes relating to the use of Covert Human Intelligence Sources (CHIS) by An Garda Síochána, and these are set out in a comprehensive Code of Practice.
The operation of the CHIS system is subject to internal oversight by senior Garda management and to independent external oversight, exercised since 2010 by a former judge as the Independent Oversight Authority for CHIS.
I have no plans to make any changes to the system at present.
194. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration if he intends to introduce legislation which would ensure that responsibility for the prosecution of offences would be removed from the Garda so that all court proceedings would be conducted by legal professionals as recommended in the report on the operation of bail in Ireland entitled, ‘An Assessment of the Efficacy of Bail Laws in Ireland’ (details supplied); and if he will make a statement on the matter. [4689/26]
Amharc ar fhreagra195. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration in respect of each the 15 recommendations in the report on the operation of bail in Ireland entitled ‘An Assessment of the Efficacy of Bail Laws in Ireland’ (details supplied); if he accepts the recommendation; the status of work to implement the recommendation; the timeframe envisaged to implement the recommendation; and if he will make a statement on the matter. [4690/26]
Amharc ar fhreagraI propose to take Questions Nos. 194 and 195 together.
While bail laws in Ireland are comprehensive, I am committed to ensuring they are fit for purpose while ensuring fundamental rights principles are adhered to. Last year, I appointed a Senior Counsel, Lorcan Stains, to undertake an assessment of the current operation of bail in Ireland, both legal and practical.
The commissioning of the report arose from concerns regarding bail processes and their applicability to recidivist offenders. These concerns were acknowledged in my apology to the family of the late Shane O’Farrell, who was tragically killed in August 2011, when struck by a car driven by a person who was on bail for a series of offences at the time.
Mr Staines’ report ‘An Assessment of the Efficacy of Bail Laws in Ireland’ was published by my Department in November 2025. I would like to express my thanks to Lorcan Staines for his work in compiling this comprehensive report.
This examination of our bail laws and subsequent proposals underlines the need for additional actions to be taken to ensure the criminal justice system effectively mitigates against risks that may be associated with individuals on bail.
A number of the recommendations are under active consideration or in progress by my Department. It is proposed that a further Memorandum for the Government will be brought on any further implementation of the recommendations in due course.
With regard to the recommendation that responsibility for the prosecution of offences be removed from an Garda Síochána so that all court proceedings be conducted by legal professionals, this recommendation was previously made by the Commission on the Future of Policing in Ireland (CoFPI). It was accepted in principle by the Government subject to a further evaluation of the implications, including resources.
A subsequent evaluation undertaken by the ‘High-Level Review Group’ (HLRG) concluded that the CoFPI change was not appropriate and recommended the implementation of what they termed the “Reform Model”. A Summary Prosecution Reform Steering Committee was then established to drive forward the detailed design and implementation of the Reform Model.
Under the Reform Model, the HLRG recommended that AGS retain responsibility for the conduct of prosecutions in court. The HLRG also recommended that the ODPP be supported in substantially enhancing quality assurance of the prosecution functions by AGS in the name of the DPP. The Group is continuing its work to implement this recommendation.
The table below lays out all of the recommendations in the report and notes consideration and progress associated with each one.
Report recommendations with comments
|
Recommendation |
Current position |
|
Significant and immediate investment should be made in the information sharing systems for both An Garda Síochána and the Courts Service. The accurate recording and sharing of information between these bodies should be prioritised. |
This is a long-term recommendation. There are currently a number of projects taking place across the sector which will contribute to an improvement in the information sharing systems for both An Garda Síochána and the Courts Service, along with the system overall.
The Courts Service is undertaking a major initiative to implement a Unified Case Management System (UCMS) for criminal matters, as part of their ten-year Modernisation Programme. Under the Modernisation Programme, the Unified Case Management System (UCMS) is to replace all civil and criminal case systems within the Courts Service with one modern case management system that will enable end to end digital journeys, streamlining of processes and further data sharing with justice sector bodies.
Other notable projects in this sphere include the project to codify the criminal offence codes used by criminal justice agencies in the sector. The Department is currently reviewing what further work may be required to fully implement a recommendation such as this. |
|
The responsibility for the prosecution of offences should be removed from the Gardaí and all future Court proceedings should be conducted by legal professionals. I note that a Summary Prosecution Reform Steering Committee led by the Depart of the Taoiseach is currently considering this issue. |
A Summary Prosecution Reform Steering Committee has already been established, under the auspices of the Department of the Taoiseach, which is considering the design and implementation of a ‘Reform Model’ to clarify the responsibility and conducting of prosecutions in court.
This was previously recommended by the Commission on the Future of Policing in Ireland (CoFPI). It was accepted in principle by the Government subject to a further evaluation of the implications, including resources.
A subsequent evaluation undertaken by the ‘High-Level Review Group’ (HLRG) concluded that the CoFPI change was not appropriate and recommended the implementation of what they termed the “Reform Model”. The Summary Prosecution Reform Steering Committee was then established to drive forward the detailed design and implementation of the Reform Model.
Under the Reform Model, the HLRG recommended that AGS retain responsibility for the conduct of prosecutions in court. The HLRG also recommended that the ODPP be supported in substantially enhancing quality assurance of the prosecution functions by AGS in the name of the DPP. |
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An amendment should be made to the District Court Rules to provide that fine-only matters shall proceed in the absence of the accused where: i. The Court is satisfied that the accused was duly served or made aware of the time and place of the proceedings; ii. There are no exceptional circumstances which would result in inordinate unfairness to the accused. An accused person may later make an application to have any determination of the Court set aside on the basis that they were not been served with the proceedings or were not aware of the time and date of the proceedings. |
This recommendation is not currently subject to legislative proposals or administrative consideration. However, the Department will engage with the District Court Rules Committee on this proposal. |
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Legislation should be introduced providing for house arrest (i) limited to cases where bail would otherwise be refused, (ii) including a proportionality test and (iii) allowing any party to apply for its imposition as a bail condition. |
This recommendation is not currently subject to legislative proposals or administrative consideration but will be given consideration. |
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Legislation should be introduced allowing the member in charge of a Garda station to grant bail to an accused who has taken a bench warrant where there is no Garda objection to bail. |
Previously, the Department raised concerns as to the appropriateness of legislating to allow station bail to be granted to a person who is the subject of an outstanding bench warrant. The Department engaged with An Garda Síochána and the Office of the Attorney General on the proposal. While the proposal was not taken forward at that time, the Department considers there may be an alternative solution via a greater application of section 8 by the courts. |
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Legislation should be introduced allowing the member in charge of a Garda station to attach conditions to a station bail bond. This legislation should set out the factors which must be considered by the member in charge in deciding whether to grant station bail. |
The specifics of this recommendation are currently under active consideration. |
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A legislative provision should be introduced to allow the prosecution to appeal against the granting of bail in the Circuit Court. |
While there is no current consideration of this proposal being undertaken, consideration will be given to this recommendation.
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Current bail legislation should be amended to significantly expand the conditions which may be attached to the granting of bail to include positive obligations such as the attendance at counselling, addiction or employment services where same are available. Positive obligations should only be imposed where an evidential basis exists for their imposition and consent of the accused should be sought. |
This recommendation is not currently subject to legislative proposals or administrative consideration. However, it will be considered.
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The Bail Act 1997 should be amended to provide that a member of Garda Síochána who reasonably suspects that a person has breached a condition of their bail bond may arrest them without warrant in order to bring them before the Court forthwith for the purposes of an application for the revocation of bail or the amendment of bail conditions. |
This was previously considered with advice from the Office of the Attorney General sought in 2015. A decision was made not to pursue this legislative change as it was considered that a general power of arrest without warrant for conduct (or indeed anticipated conduct) that is not ordinarily criminal would amount to a “disproportionate interference” with Constitutional rights. However, consideration will be given to whether there is scope to expand the power of arrest for serious breaches of bail conditions, for example to prevent an individual absconding from the jurisdiction. |
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The following offence should be amended to increase the maximum penalty on conviction to 5 years imprisonment if tried on indictment and should thereafter be added as a scheduled offence to the Bail Act 1997:
Section 33 of the Domestic Violence Act 2018 - breach of a domestic violence court order. |
An identical proposal is currently under consideration in the context of a private members’ bill, the Domestic Violence (Amendment) Bill 2024, which was initiated and is currently at Report Stage in the Seanad.
This proposal requires careful consideration, as increasing the penalty for this offence may have the unintended consequence of making it more difficult to obtain orders under the 2018 Act.
This was considered by the Law Reform Commission 2013 Report on Aspects of Domestic Violence. At that stage, the Commission recommended against increasing the penalty for breach of a domestic violence order under the law as it then stood on this basis. Advice is awaited to inform deliberations in the context of the Bill. |
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The following offences should be added as scheduled offences to the Bail Act 1997: i. Section 38 of the Domestic Violence Act 2018 – forced marriage. ii. Section 39 of the Domestic Violence Act 2018 – coercive control. iii. Section 41 of the Criminal Justice Act 1999 – intimidation of witnesses and jurors. iv. Section 12(1) of the Sex Offenders Act 2001 – Breach of notification requirements by a sex offender |
The Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026 was published on 9 January 2026. Section 31 of the Bill provides for the offences itemised at (i) and (ii) to be added to the Schedule to the Bail Act 1997. Consideration is being given to further amending the Schedule to include the offences itemised at (iii) and (iv). |
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An adult bail supervision scheme should be implemented, incorporating a wrap-around scheme with the necessary supports and services to ensure the proper management of recidivist offenders. |
Initial work has commenced within the Department on a bail support scheme specifically designed for women. Extending this to encompass a broader cohort will be considered. |
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Further consideration should be given to the manner in which the system of electronic tagging is intended to operate and whether such a system would survive judicial scrutiny. If such a system is to be implemented the current legislation providing for electronic tagging should be amended to (i) limit its application to cases where bail would otherwise be refused, (ii) include a proportionality test and (iii) allow any party to apply for its imposition as a bail condition. |
The Programme for Government commits to implement electronic tagging for appropriate categories of prisoner. Existing legislation, including the Bail Act 1997, as amended, the Criminal Justice Act 2006, as amended, and the Sex Offender Act 2001, as amended, provide for electronic monitoring, in certain circumstances.
The Department is leading a cross-agency pilot project to introduce electronic monitoring (EM) for specific categories of individuals, and in line with existing legal provisions.
The pilot will focus on individuals on temporary release nationally and those admitted to bail in a pilot area. It is proposed to utilise up to 50 electronic tags during this phase. Exact numbers monitored will depend on a range of factors, including individuals’ lengths of time on bail, or on Temporary Release, and individuals’ personal circumstances, including ongoing suitability and compliance with conditions.
The pilot approach will allow for processes and procedures to be tested before a wider scale national rollout, while also supporting the agencies involved to build capability and knowledge of the EM system.
The pilot will provide the evidence necessary to assess value for money, cost, operational impacts and outcomes in advance of any decisions on wider implementation. Additionally, all new projects undertaken by the Department are assessed for overall viability before being given permission to proceed. €2.1m of funding was secured in Budget 2026 for the project to allow for staffing, procurement, and other set up costs. |
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Guidelines should be developed with the judiciary in relation to the processing of bail applications, particularly where they relate to the execution of bench warrants and the fixing of recognisance. |
While there is no current consideration of this proposal being undertaken, consideration will be given to this recommendation. |
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Further discussion and analysis should take place between the judiciary, the Courts Service, the Irish Prison Service and the Department of Justice in relation to the manner in which cash bail is utilised as a condition of bail and whether it should be abolished. |
The utilisation of cash bail as a condition of bail has been previously considered by the Department and relevant criminal justice agencies and involves significant complex issues. Consideration will be given to how this can be progressed. |
