Written Answers Nos. 263-282
263. Deputy Mary Lou McDonald asked the Minister for Education if the National Council for Special Education submitted its policy advice on education provision in special classes and special schools in December 2022; and when she will publish this advice. [3888/23]
View answerMy Department received the NCSE Policy Advice paper on 12th January 2023. The Police Advice is currently under review and publication will follow shortly. The Policy Advice will be the subject of an extensive consultation process with education stakeholders and partners, as well as with disability representative organisations, and parental representatives.
264. Deputy Bernard J. Durkan asked the Minister for Education when a brief formulation report in respect of a school (details supplied) will issue and be shared with KWETB, given the project cannot move forward without same; and if she will make a statement on the matter. [3920/23]
View answerI wish to advise the Deputy that my Department has informed the school patron that the accommodation brief for the building project in question is being prepared and that my Department will be in further contact with the patron when this process has been completed.
265. Deputy Bernard J. Durkan asked the Minister for Education if school transport tickets will be facilitated in the case of the two sons of a person (details supplied); if their case will be considered as a matter of urgency; and if she will make a statement on the matter. [3924/23]
View answerThe School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 147,900 children, including over 18,000 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country.
In addition, school transport scheme services are being provided in the current school year for over 3,800 children who have arrived to Ireland from Ukraine.
The total cost of the scheme in 2022 was €332.2m
Under the terms of the Department’s School Transport Scheme, children are eligible for transport where they reside not less than 4.8kms from their nearest Post Primary School as determined by the Department and Bus Éireann, having regard to ethos and language.
Children who are not eligible for school transport may be considered for transport on a concessionary basis in accordance with the terms of the Post Primary School Transport Scheme and subject to the following conditions:
- an application is made by the deadline date
- there is an existing service in place
- there is spare capacity on the service;
Any remaining seats left after eligible children are accommodated are being allocated to concessionary children in the usual way. Where the number of applications for transport on a concessionary basis exceeds the number of seats available, Bus Éireann will determine the allocation of the tickets using an agreed selection process.
Bus Éireann has advised that the family referred to by the Deputy are not eligible for school transport under the terms of the school transport scheme as they are attending their third nearest Post Primary Centre. They were unsuccessful in obtaining a concessionary seat on board a school transport service for the 2022/23 school year as the existing service is operating to capacity and there are currently no seats available.
266. Deputy Paul Kehoe asked the Minister for Education further to Parliamentary Question No. 249 of 19 January 2023, if the information requested in the original question will be provided; if not, if the information is not known to her Department; and if she will make a statement on the matter. [3927/23]
View answerI would like to thank the Deputy for the question and would like to advise the following.
The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children with special educational needs nationwide. The NCSE have advised my Department that they do not collect data on the number of students who have places in special classes for children with autism who are currently refusing to attend school.
If a student is experiencing difficulties in relation to their special education setting, Special Education Needs Organisers (SENOs) remain available to offer advice and assistance to parents and schools. SENO contact details can be found on the NCSE website at: ncse.ie/regional-services-contact-list
The NCSE has advised that there are sufficient special class places available to meet the current need for the 2022/23 year and that there are a small number of vacancies in some classes at present
In terms of planning special class/school provision, SENOs engage with schools and with parents on an ongoing basis in order to identify where additional special class places may be required. Parents seeking special class or special school places for their children are advised to make contact with the NCSE so that their needs can be taken into account in planning specialist provision and for updated information on placements in existing and newly established special schools/classes.
Non-attendance at school, where a suitable place has been identified, and where the child is not registered as being home educated, would generally fall within the remit of TUSLA - the child and family agency.
TUSLA Education Support Service (TESS) do not collect data on students with special educational needs who are not regularly attending or presenting with emotionally based school avoidance at a special school or in a special classes. Once any student is enrolled in a school, even if they are not attending regularly, the school cannot remove the child from the roll until alternative arrangements are made for the education provision for that child. As such they cannot arrange for other students to take up a place of child who attend irregularly. For any child who is not attending school regularly, or is presenting with emotionally based school avoidance, a plan should be put in place with relevant parties to address the issues that are causing the non-attendance with a view to improving attendance.
TUSLA Education Support Service (TESS) operates under the Education (Welfare) Act, 2000, a piece of legislation that emphasises the promotion of school attendance, participation and retention. The Education (Welfare) Act 2000 covers all children between 6 to 16 years of age. This is the compulsory school-going age. The Act defines a child as “a person resident in the State who has reached the age of 6 years and who— (a) has not reached the age of 16 years, or (b) has not completed 3 years of post-primary education, whichever occurs later, but shall not include a person who has reached the age of 18 years”.
TESS has three strands including the statutory Educational Welfare Service (EWS). The EWS works with children and families who have difficulties in relation to school attendance, participation and retention. Its primary role is to ensure that every child either attends school regularly or otherwise receives a certain minimum education; to ensure and secure every child’s entitlement to education. Educational Welfare Officers (EWO) work with families and children in a child-centred way to overcome barriers to their school attendance, participation and retention. The EWS also works closely with schools, educational support services and other agencies to support school attendance and resolve attendance problems for the benefit of children and families.
Schools are obliged to maintain records of students’ attendance and are required to refer cases to TESS when they have a concern about a child’s attendance or when a school intends to expel a student.
Psychologists from the National Educational Psychological Service (NEPS) can support school communities with Emotionally Based School Avoidance management at all stages of the Continuum of Support. Teachers may consult their NEPS psychologist should they wish to for advice.
NEPs is currently finalising guidance which will provide schools and parents with an overview of Emotionally Based School Avoidance and best practice in supporting children and young people to overcome it. The guidance from NEPS encourages schools to use a four stage problem solving model to identify the problem, gather information about why it may be happening, plan supports for children and young people who experience Emotionally Based School Avoidance and review the outcomes of implementing these supports.
My Department supports a whole school approach to wellbeing which is outlined in the Wellbeing Policy Statement and Framework for Practice. This whole school approach to wellbeing leads to a reduction in risk factors and an increase in protective factors, leading to better outcomes for all. Good practice for promoting emotional wellbeing and positive mental health also applies to Emotionally Based School Avoidance.
267. Deputy Brendan Griffin asked the Minister for Social Protection if the accuracy of a statement made at a recent committee meeting regarding community employment scheme supervisors will be reviewed (details supplied); and if she will make a statement on the matter. [3795/23]
View answerFirstly, I wish to acknowledge the valuable and dedicated service that CE supervisors/assistant supervisors provide in running CE schemes in delivering local based community services while providing a valuable training and development opportunity to the long-term unemployed and to those often furthest removed from the labour market.
I acknowledge that these workers have not received a pay increase since 2008 and Minister Humphreys and I together with Department officials are working to seek a resolution to this issue. To this end, my Department has engaged with the Department of Public Expenditure and Reform and will attend a conciliation process which is due to take place in the WRC shortly. I am confident that the conciliation process will progress the outstanding matter of pay significantly.
I can confirm that the letter from the union to the Secretary General was responded to on the 5th of January 2023. As outlined in the reply, it is understood that at the time, it was argued that CE supervisors were not public servants and so should not have been made subject to FEMPI measures. This argument prevailed and pay-cuts that were applied to the public service did not apply to CE supervisors. A copy of the correspondence is attached for information.
The Secretary General and the Department have reviewed the record from the Public Accounts Committee of the 1st of December 2022 and for the reasons set out in their response do not believe that further comment or correction is required.
I trust this clarifies the matter.
268. Deputy Paul Kehoe asked the Minister for Social Protection if consideration will be given to the method of payment for a jobseeker's benefit recipient (details supplied) and the difficulties it will create with managing their finances; and if she will make a statement on the matter. [3796/23]
View answerThe decision was taken following the lifting of Public Health Restrictions to return to paying Jobseeker payments through the Post Office Network.
Payments to the Post office is one of the measures in terms of preventing fraud as it necessitates the claimant attending in person. Measures to combat fraud are regularly reviewed and updated by the Department.
In response to the person concerned having to travel to Wexford Town to collect their Jobseekers the person concerned may opt to have Rosslare Post Office as their nominated Post office. In fact the person concerned had Rosslare Post Office named as their nominated Post Office in 2020.
269. Deputy Chris Andrews asked the Minister for Social Protection if there is any financial assistance that a child (details supplied) can be given to allow them to avail of a private assessment for dyslexia. [3884/23]
View answerMy Department does not have a scheme to fund private medical assessments as this is a matter for the Department of Health.
I trust that this clarifies the position.
270. Deputy Bernard J. Durkan asked the Minister for Social Protection when an emergency payment/supplementary welfare allowance will issue in the case of a person (details supplied) who is currently unable to work due to illness; and if she will make a statement on the matter. [3921/23]
View answerThe Community Welfare Service (CWS) delivers the Supplementary Welfare Allowance (SWA) scheme which is the safety net within the overall social welfare system. This scheme helps eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the SWA scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANPs).
The basic SWA provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes.
Under the SWA scheme, my Department can make ANPs to help meet expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary.
According to the records of my Department, the person concerned was awarded an ANP for €250 in November 2022. He was advised at that time if he needed financial assistance in the future, he should provide a letter from the Department of Justice confirming his residency status in the State. Applications for a basic SWA and/or an ENP have not since been received from the person concerned.
For the convenience of the person, a SWA1 application pack has issued to his home address. The completed application form and any supporting documentation can be returned to my Department together with confirmation of the person’s residency status in the State if applying for a basic SWA. When this documentation is received, the person’s claim will be progressed, and he will be advised of the outcome in writing.
I trust this clarifies the matter.
271. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if extra resources, particularly personnel, are now in place to deal with the significant backlog of applications lodged through the information and tracing legislation; and if he will make a statement on the matter. [3754/23]
View answerI am deeply aware of the disappointment and frustration caused to applicants receiving a notification indicating that there will be a delay in the compilation and release of their information.
Information and Tracing services, as provided for under the Act, opened to applications on 03 October 2022. As of Monday 23 January, a total of 6,474 applications for information have been received by Tusla and the AAI, with almost two thirds of that total being received within two weeks of commencement. These applications are in addition to the 2,948 applications made for tracing services since 03 October, and 3,005 preferences registered to the Contact Preference Register since it opened on 01 July.
As of Monday 23 January, the two agencies have completed 1,375 requests for information, with more due for completion and issue each day. In addition to delivering Information and Tracing services, AAI is also managing applications to the Contact Preference Register and has successfully identified 208 matches for relatives for whom they are facilitating contact.
Officials from my Department have been engaging with both the Adoption Authority of Ireland (AAI) and the Child and Family Agency, Tusla in respect of the ongoing implementation of services under the Birth Information and Tracing Act 2022.
I have been assured that both agencies are doing their utmost to respond to all the applications received within the shortest possible timeframe. I have also been advised that they are re-assigning additional staff members to work exclusively on processing applications and that they will continue to keep every person who is waiting for information informed about their application.
Both Tusla and the Adoption Authority are actively engaging with applicants to advise them of indicative timeframes for when they will receive their information.
272. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will urgently review the situation regarding accommodation for families (details supplied) to ensure that a bus will bring a child to school and that the accommodation being offered is appropriate; and if he will make a statement on the matter. [3790/23]
View answerDeputy, as of 15 January 2023, there are 19,698 people accommodated in the International Protection Accommodation Service (IPAS) system as a whole. Of this total, 4,086 are children.The Department has accommodated over 15,000 International Protection Applicants (IPAs) in 2022. Currently, the number of new arrivals each day remains very high. In the first two weeks of 2023 alone, more than 870 new IPAs have arrived in Ireland seeking shelter and safety.Since 1 December 2022, the Department has accommodated almost 1,500 people in over 25 emergency accommodation locations. These locations comprise of re-purposed office units, schools, former religious buildings and former hospitality accommodation.The pressure to accommodate an increase of 330% in IPA arrivals in 2022 has resulted in an acute shortfall of available accommodation. The Department has made every possible effort to secure accommodation and has sought support from the widest possible range of organisations to provide accommodation to IPAs. Where request for tender processes have not delivered the required capacity, the Department has engaged in emergency accommodation sourcing through networks with other State accommodation providers such as the local authorities, through newspaper advertisements, through cold calling and the use of online booking engines.
Deputy, as regards to your query, Mount St Mary’s is currently accommodating 123 International Protection applicants (IPAs). Following the RTÉ report on Friday 20 January, the property was inspected by IPAS on 21 January.It is very important to note that the report on St Mary’s contained several inaccuracies which have since been noted in the media.
I can confirm that there is bus transport in place for children going to school.
The accommodation consists of 10 en-suite rooms upstairs with 3 beds in each and downstairs are pods of different sizes to cater for different family sizes.There are radiators in all rooms, timed to switch on from 6am – 9am then from 1pm-4pm and finally from 7pm-10pm. There are 24 toilets which are either private to a single family, or segregated between men and women, along with 7 showers. Catering is provided by a professional catering company. The pot shown on screen in the report belongs to one of the residents as food is not served by the catering company in this fashion. While my department understands the distress caused to residents at their move, this was necessary in order to make maximum use of all available accommodation. Between those fleeing Ukraine and International Protection applicants, the State is now accommodating more than 73,000 people, compared to over 7,500 at the beginning of 2022. As a result, there is now severe pressure on the State’s accommodation capacity.
Deputy, I trust this information clarifies the matter.
273. Deputy Marc MacSharry asked the Minister for Children, Equality, Disability, Integration and Youth when accommodation providers for Ukrainian refugees across the country, who are experiencing delays with receiving payment will be paid; and if he will make a statement on the matter. [3825/23]
View answerMy Department has engaged over 700 properties to provide accommodation for Ukrainian Beneficiaries of Temporary Protection. In line with my Department’s commitment to substantially clear the backlog at the end of 2022, the Department temporarily re-assigned staff from other parts of the Department to the payments team in December, doubling the size of the payments unit. The enlarged team approved more than 100 million euros worth of payments.
My Department is prioritising maintaining a practice of more timely payments, including providing more resources to address any issues. We regret any delays in making payments and are according this issue very high priority.
274. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update in respect of the work of a person (details supplied) in respect of historical matters relating to St. John's ambulance. [3836/23]
View answer276. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he and or Tusla has received any interim or final reports in respect of the St. John Ambulance inquiry undertaken by a person (details supplied). [3890/23]
View answerI propose to take Questions Nos. 274 and 276 together.
I can advise that on 12th December 2022, I wrote to St John Ambulance to seek information about the publication of the report. St John Ambulance replied on 23rd December and confirmed that they had received a completed report from Dr Shannon. The Commissioner of St John Ambulance stated that the organisation was committed to publishing the full report immediately after the relevant legal review had taken place. The Commissioner further informed me that the legal review of the report was under way and that the organisation was committed to completing this process in a timely manner.
I can confirm that I have not received any interim or final reports in respect of the review, which has been undertaken by Dr Geoffrey Shannon. Tusla, the Child and Family Agency, has also confirmed that it has not received any interim or final report. As Tusla did not commission this report, it would not be appropriate that Tusla would receive such a copy in advance of publication.
Tusla did however, have contact with St John’s Ambulance to seek assurances about current child safeguarding. Furthermore, Tusla has sought an update from St John Ambulance with regard to their plan for publication, the related communication plan and support and counselling supports for those reporting abuse. These updates were requested to ensure Tusla’s operational readiness should the inquiry report result in a high volume of referrals and contact that may require additional resource/service response.
It is my intention to write to St John Ambulance to request a further update on the expected publication date if the report has not been published in the coming days.
275. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth if a person and their children (details supplied) currently being provided with temporary accommodation via the IPAS system have the option to relocate to an alternative and more suitable accommodation provider while remaining under the IPAS system; and if he will make a statement on the matter. [3865/23]
View answerMy Department is now accommodating over 74,000 refugees and applicants for International Protection in State-funded accommodation.
The accommodation provided to people fleeing the war in Ukraine by my Department is temporary in its nature and given the number of people that are being accommodated it is not possible to develop tailored solutions for individuals or families. We understand and sympathise that people may wish to be accommodated in specific locations for a variety of reasons, but we cannot facilitate these requests given the number of people wishing to be accommodated by this Department and the ensuing resource and capacity constraints.
The Ukraine Crisis Emergency Accommodation Team (UCTAT) has full oversight over the accommodation already in use by Beneficiaries of Temporary Protection and funded by the State, and future State funded accommodation coming onstream. A dedicated unit within that team manages transfers and relocations between properties based on certain criteria and needs. Moves between accommodation centres can be essential and yet complex and are planned in advance in order to maximise the use of the accommodation and ensure equity among beneficiaries of temporary protection. The team is also responsible for ensuring that such moves are correctly registered on the ePass system, which is the only point of truth regarding occupancy of the accommodation.
In order to ensure that the system operates successfully, only moves to State funded accommodation agreed in advance by UCTAT should take place. In order to be fair to all those we are accommodating, moves cannot be sanctioned for reasons such as:
- Medical grounds (these are established at arrival)
- Employment opportunities
- Proximity to particular schools or third level educational facilities
- Proximity to friends, acquaintances or a particular community
- Other personal preferences
Beneficiaries of temporary protection are entitled to make their own private arrangements including potentially availing of pledged accommodation if they wish and can avail of some supports to do so. To date more than 6,300 beneficiaries have been matched to more than 2,600 pledged accommodation settings. Those wishing to avail of pledged accommodation in any given area should contact the Local Authority in that area.
I also wish to draw attention to the Government announcement of 24 November 2022 regarding the new call for unoccupied houses. The campaign to assist those fleeing the war in Ukraine is being led by Local Authorities and may be of interest in the context of the above request.
The government has introduced a Recognition Payment Scheme for those who provide accommodation to people from Ukraine. Under this scheme, a monthly flat rate of €800 per property is payable to all those hosting Ukrainian temporary protection beneficiaries. The payment linked to a minimum hosting commitment of 6 months.
Further information can be found at: offerahome.ie/
277. Deputy Michael Healy-Rae asked the Minister for Further and Higher Education, Research, Innovation and Science if a location (details supplied) of an apprenticeship can be changed; and if he will make a statement on the matter. [3777/23]
View answerTo ensure all eligible apprentices are offered a training place, the SOLAS apprenticeship scheduling management system is designed to call apprentices by apprenticeship and training phase, on a longest waiting basis on the day of scheduling to the nearest available Education and Training Board, Institute of Technology, or Technological University.
Whilst every effort is made to eliminate unnecessary travel, unfortunately for some apprentices it is impossible to avoid having to attend training facilities that are not convenient to their locality. In the case of some apprenticeships it is not cost effective to have multiple off-the-job training locations.
In the situation where apprentices are required to move from their current place of residence to new paid accommodation to take up an offer of a training place, they are entitled to make an application for an accommodation allowance for the duration of the course. Alternatively, they can apply for a travel allowance. All apprentices are advised of the SOLAS apprenticeship scheduling process at their mandatory Apprenticeship Induction briefings.
Under the Further Education and Training Act (2013), SOLAS has statutory responsibility for planning, funding, and co-ordinating Further Education and Training (FET) in Ireland. While it would not be appropriate for me, as Minister for Further and Higher Education, Research, Innovation and Science, to intervene in any individual case, I have asked SOLAS to look into the matter and respond directly.
278. Deputy Anne Rabbitte asked the Minister for Further and Higher Education, Research, Innovation and Science the status of a student grant application for a person (details supplied); and if he will make a statement on the matter. [3881/23]
View answerUnder the terms of the Student Grant Scheme, grant assistance is awarded to students attending an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.
The decision on eligibility for a student grant is a matter, in the first instance, for the centralised student grant awarding authority SUSI (Student Universal Support Ireland) to determine.
I have been advised by my officials that the student referred to by the Deputy submitted an application to SUSI on 1st November 2022. Documentary evidence of residency for 3 of the last 5 years and independent residence for 2021 and 2022 was requested by SUSI from the applicant on 4th November 2022.
On 16th November 2022 the student emailed the SUSI support desk stating that he needed to change his application to a dependent student and was advised to cancel his original application and reapply. On 23rd November 2022 a cancellation request was received in which the student confirmed he had applied as the incorrect class and wished to reapply. SUSI issued a letter to the student on 24th November 2022 confirming his application had been cancelled and to reapply with his parents/legal guardians’ details.
To date the student has not reapplied and has made no further contact with the SUSI support desk regarding his application.
279. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 244 of 18 January 2023, the number of fixed charge notices issued in respect of persons cycling without reasonable consideration in 2021, 2022, and to-date in 2023; and if he will make a statement on the matter. [3816/23]
View answerAs the Deputy will be aware, the legislation regarding cycling offences falls under the remit for the Minister for Transport. In 2015, Fixed Charge Notices were introduced for a number of offences, including cycling without reasonable consideration
As the Deputy will also 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.
However, An Garda Síochána have advised that the below table lists the number of Fixed Charge Notices issued for cycling without reasonable consideration in 2021 and 2022. An Garda Síochána also advise that as the number for 2023 is less than 10 it cannot, due to data protection concerns, be provided.
|
2021 |
2022 |
|
110 |
129 |
The above figures are based on incidents which occurred from 01/01/2021 to 31/12/2022, inclusive. This information is based upon operational data from the FCPS system as was available on 24/01/2023 and is liable to change.
280. Deputy Duncan Smith asked the Minister for Justice the number of women's refuges in Ireland; the locations of these centres; and if he will make a statement on the matter. [3757/23]
View answerAs the Deputy will be aware the Government will establish a statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence. The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. Pending establishment of the Agency, responsibility for DSGBV services continues to be channeled through Tusla.I have referred the question posed by the Deputy to Tusla for direct reply.
281. Deputy Paul Kehoe asked the Minister for Justice if there are circumstances in which a person (details supplied) can apply for a visa to enter the country; and if he will make a statement on the matter. [3771/23]
View answerThe visa application referred to by the Deputy was refused by the Visa Office in Beijing on the 6 October 2022. The reasons for this decision were set out in the refusal letter sent to the applicants at that time.
The Irish immigration website advises all applicants that if they include false or misleading information or documents in their application they may be refused. They are also advised that in some circumstances, they may not be allowed to appeal the visa decision and may be blocked from getting an Irish visa for 5 years.
The Person referred to by the Deputy submitted correspondence to the Visa office in Beijing, however it is noted that the reasons for the office’s proposal to place an exclusion period on this person were not adequately addressed in this correspondence.
The central concern in deciding on visa applications, as with all visa services worldwide, is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
282. Deputy Pauline Tully asked the Minister for Justice to detail what is considered a serious offence that would prevent the appointment of a Peace Commissioner; the process by which a peace commissioner is removed from their role if they commit a serious offence while serving in this capacity; the person or body is responsible for the removal of a Peace Commissioner if they commit a serious offence while serving in this capacity; and if he will make a statement on the matter. [3772/23]
View answerPeace Commissioners are appointed and, may be removed from that appointment, by the Minister for Justice under section 88 of the Courts of Justice Act 1924.
There are no qualifying examinations or educational standards required to be appointed as a Peace Commissioner but applicants are required to be a person of good character. Anyone who has been charged with or convicted of a serious offence will not be considered for appointment. Where there is evidence that an applicant has been charged with or convicted of an offence, each case is examined on its own merits having regard to the nature of the offence, penalty imposed by the Courts, where applicable, and the length of time since the offence occurred.
The fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as appointments are made entirely at the discretion of the Minister for Justice. Factors such as the need for appointments in a particular area and regional requirements are also taken into account.
Where the Minister for Justice has been informed of the commission of an offence by a Peace Commissioner, a report is sought from An Garda Síochána to ascertain the type of offence and, where applicable, the decision of the relevant Court. Following receipt of the report, a submission is prepared if necessary, outlining the nature of the offence and the penalty imposed by the Court, for consideration by the Minister. Again, where convicted, the nature of the offence and the penalty imposed will be relevant considerations in reaching a decision on whether the person should be permitted to continue as a peace commissioner. If it is decided that a serious offence is involved, the Peace Commissioner would be immediately removed from the Roll of Peace Commissioners and instructed to cease operating in this capacity.
The Deputy may wish to note that it is intended to review and reform the role of Peace Commissioners and this will commence very shortly. This review will include consideration of grounds for appointment and removal of an individual Peace Commissioner.
