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Tuesday, 12 Dec 2023

Written Answers Nos. 507-521

Departmental Data

Questions (507)

Jim O'Callaghan

Question:

507. Deputy Jim O'Callaghan asked the Minister for Social Protection for an overview of the key social protection improvements announced since 27 June 2020; and if she will make a statement on the matter. [55304/23]

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Written answers

My Department has delivered significant improvements since June 2020. At that time, the country was in the middle of the Covid-19 pandemic and this Department introduced the Pandemic Unemployment Payment a few months previously in response to the unprecedented disruption to the labour market caused by Covid-19. Some 29.7 million PUP payments issued at a cost of over €9.2 billion while 880,000 people received payment under the scheme. PUP recipients transitioned to standard jobseeker terms and the scheme was closed on 31st May 2022.

In February 2021, in line with the Programme for Government commitment, a Benefit Payment for 65-year-olds was introduced. This provides a benefit payment, based on an individual’s PRSI record, for employed or self-employed people who are aged between 65 and 66 and who were required to or chose to retire at 65 years.

At the beginning of the Ukrainian crisis in 2022, my Department was at the forefront in providing support to those Ukrainians fleeing from the conflict. This support is ongoing since, with the priority for the Department being the allocation of PPSNs and the provision of income supports. By end November 2023, PPSNs issued to some 101,176 people, while income supports were paid to 42,376 adults.

Legislation is to be published shortly that provides that child maintenance payments will be disregarded in the means test for social welfare payments; the "efforts to seek maintenance" requirement will also be removed from One-Parent Family Payment and Jobseeker's Transitional Payment; and the liable relative provisions will be discontinued. These are significant policy changes which will be of great benefit to lone parents. I hope to bring this legislation through the Oireachtas early in Spring session.

I also launched a public consultation process for a proposed new Pay-Related Benefit for Jobseekers, which represents a major reform of Ireland’s Welfare System for jobseekers. Pay-Related Benefit would link a person’s jobseeker’s payment to their previous earnings and work history and is the norm in European countries. I hope to bring the General Scheme of a Bill to Government shortly.

Successive Social Protection Budgets in 2022 and 2023 have been significantly larger than previous years and introduced increases and additional supports across all core social welfare payments.

The Social Protection budget for 2024 is the largest in the history of the State. Budget 2024 will provide almost €2.3 billion in measures to assist households with the cost of living. This includes across-the-board increases of €12 per week in all core payments and will be combined with a series of lump sum payments for carers, people with disabilities, working families as well as those living alone on low incomes.

Last week there was Christmas Bonus paid in December to 1.3 million welfare recipients and for the first time this will be followed by a January Cost of Living Bonus, which will also support pensioners, carers, people with disabilities, jobseekers, and families.

Some of the key budget increases also include a €300 cost of living lump sum to all households getting the Fuel Allowance, a double payment of Child Benefit to support all families with children under 18, a €400 lump sum for people getting the Carer's Support Grant, the same amount for people getting Disability Allowance, Blind Pension or Invalidity Pension and a €100 cost of living bonus for people getting an Increase for a Qualified Child (to be paid per qualified child).

Recently I announced changes to the State Pension (Contributory) that are being introduced in January 2024. These changes include improved access to state pensions provision for long-term carers. These changes will see carers receive the equivalent of paid contributions for caring periods of over 20 years to cover gaps in their contribution record needed to obtain the State Pension (Contributory). This acknowledges the important role family carers play in Irish society. The Government has decided that the State Pension age is remaining at 66 years of age but to facilitate those that which to defer their State Pension (Contributory), they will be able to do so on foot of the legislative changes I am currently bringing through the Oireachtas in the Social Welfare (Miscellaneous Provisions) Bill 2023.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (508)

Jim O'Callaghan

Question:

508. Deputy Jim O'Callaghan asked the Minister for Social Protection the reason for proposing to introduce a tiered reform of the disability allowance; what steps are being taken to ensure that this reform is not contrary to the interests of people with disabilities; and if she will make a statement on the matter. [55305/23]

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Written answers

The Green Paper on Disability Reform was developed as a response to commitments under the Roadmap for Social Inclusion, the Pathways to Work Strategy and the Make Work Pay Report and to take account of the recommendations in the Cost of Disability Report. The Roadmap for Social Inclusion commitment was to develop and consult on a proposal for the restructuring of long-term disability payments.

The main proposal of the Green Paper is to move to a three-tiered Personal Support Payment, rather than the one-size-fits-all payments we currently have.

As you know, people with disabilities in Ireland face a higher risk of poverty and have lower employment rates than other EU countries. The tiered proposal in the Green Paper attempts to address these twin challenges through a more targeted allocation of supports rather than thinly spreading our resources.

First, it seeks to better insulate disabled people who cannot work from poverty by providing for higher rates of payment. Second, it seeks to encourage and support higher levels of employment for people with disabilities by tailoring the provision of employment supports to suit people’s capabilities.

This proposal aligns with the Cost of Disability report, which found that income supports should target those most in need and who face the greatest additional costs of disability and that government policy should facilitate employment among those who can work.

I want to assure the Deputy that the intention is to simplify and make the social welfare system work better for people with disabilities. It is not contrary to the interests of people with disabilities. It will enhance the income support for some and enhance the employment supports available for others. I want to make it clear that nobody will lose their entitlement to a disability payment arising from the Green Paper proposals, nor will they see that payment level reduced. In addition, engagement with public employment services will be on a voluntary basis.

This is not a cost-cutting measure, many people will see significant increases to their payment of over €45 per week. At a conservative estimate, the proposed increases in payment rates for tiers 1 and 2 would cost an additional €130 million each year.

I would like to emphasise that the Green Paper is not a final design. It is a consultation document and as such is only a starting point for a structured discussion on what the future of long-term disability payments could look like. It offers one possible approach on how to target limited resources. Its proposals are intended to invite discussion, debate, and suggestions.

I am very mindful of our commitment under the UN Convention on the Rights of Persons with Disabilities to consult closely with and actively involve disabled people and their representative groups in changes to policies and services that will impact them. That is what my officials are doing through this consultation process and the many events they have held online and in-person over the past few months.

I encourage all those with an interest to express their views in our public consultation by making a submission in writing or by video. It is essential that we hear from as many disabled people and representatives as possible. We would like to hear what people like and don't like about the proposals and suggestions on how they could be improved or replaced with alternatives. I have extended the consultation period until 15 March 2024 to ensure everyone has adequate time to make a submission.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (509)

Pádraig Mac Lochlainn

Question:

509. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection if a person is in receipt of carer's allowance and works part-time and is paid monthly, how her Department determines a person's weekly hours; and if she will make a statement on the matter. [55309/23]

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Written answers

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.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

Where a person is engaged in employment and paid monthly, a schedule of hours may be requested from the employer of the person concerned. The schedule of hours requests a breakdown of hours worked and pay received per week.

I hope this clarifies the position for the Deputy.

School Meals Programme

Questions (510)

Alan Dillon

Question:

510. Deputy Alan Dillon asked the Minister for Social Protection the reason a person (details supplied) was not included in the recent announcement on the Hot School Meals Programme; if an application was submitted by the school; and if she will make a statement on the matter. [55397/23]

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Written answers

The School Meals Programme provides funding towards the provision of food services to some 1,700 schools and organisations benefitting 300,000 children. The objective of the programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement.

Budget 2023 provided €94.4 million for the programme. In February, the Government approved an additional €14.5m to allow access to the Hot School Meals scheme for all remaining DEIS schools from September 2023. Budget 2024 has increased the funding by an extra €42.5m.

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

Expressions of interests were received from over 900 Primary Schools in respect of 150,000 children and this week these schools were invited to participate in the Hot School Meals Programme from April 2024.

I understand that no expression of interest was received from the school referred to by the Deputy.

Question No. 511 answered with Question No. 485.
Question No. 512 answered with Question No. 473.

Family Reunification

Questions (513)

Claire Kerrane

Question:

513. Deputy Claire Kerrane asked the Minister for Justice if she will advise on the situation of overseas nurses who, when recruited were told that after one year in Ireland they would be able to bring their families to join them, who have now learned that in order to do so they must have in excess of €30,000 in their bank account; the potential recourse available to these nurses; and if she will make a statement on the matter. [55404/23]

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Written answers

I can advise the Deputy that the position in regard to applications for family reunification is set out in the Policy Document for Non-EEA Family Reunification, which is available on my Department's Immigration Services website at:www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf

The Policy Document, which was last amended in 2016, is currently under review.

The Policy Document sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification. In general terms, the sponsor must demonstrate their capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland.

The Policy Document states that a sponsor must have a minimum level of gross income of €30,000 in each of the previous two years. Sponsors with children would require a net income in excess of the current threshold for the Working Family Payment (WFP), formally known as Family Income Support. This threshold is set by the Department of Social Protection, as part of the operation of the WFP generally. In examining such applications, the Department of Justice applies the DSP income levels current at the time of assessment.

Separately, it is open to spouses of General Employment Permit holders to apply for Employment permits in their own right and enter the State and work.

Work Permits

Questions (514)

Aengus Ó Snodaigh

Question:

514. Deputy Aengus Ó Snodaigh asked the Minister for Justice when a person (details supplied) will receive a reply to an application; and if she will make a statement on the matter. [54449/23]

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Written answers

As the Deputy may be aware, it is not my Department's practice to comment on whether an application for international protection has been made in the State. If a person is in the international protection process, there is a legal requirement under the International Protection Act 2015 to maintain full confidentiality at all times. Therefore the Department is unable to publish any information that would identify an international protection applicant.

If an application for international protection has been made in the State, the applicant or their designated legal advisor should contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate. This will enable a full and comprehensive reply to be provided.

The International Protection Office may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028000 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

The International Protection Appeals Tribunal may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

I can further advise the Deputy that since its introduction in June 2018, under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), the labour market access permission issued by my Department, has had a very positive impact for international protection applicants and employers alike.

Since January 2021 nearly 22,000 first-time applications and renewal applications have been received by the Labour Market Access Unit of my Department and nearly 20,000 have been granted.

A significant increase in the number of applications has been experienced during 2023, reflecting the increase of overall applications for international protection received since 2022.

I can assure the Deputy that the immigration services of my Department utilise the resources available in order to ensure that applications are processed in the shortest timeframe possible and appreciate customers’ patience as they deal with the very high levels of applications received. My Department is also reviewing the processing arrangements generally to establish if they can be further streamlined.

Information and an overview of the application process for international protection applicants can be found on the IPO website here: www.ipo.gov.ie/en/IPO/Pages/Assessment_of_Application

Information on how to make an appeal to the International Protection Appeals Tribunal, as well as how to access legal advice can be found here:

www.protectionappeals.ie/how-to-appeal/

The Department's website also provides a detailed overview of the International Protection process in Ireland which can be accessed at:

www.gov.ie/en/campaigns/304ba-international-protection/

Queries in relation to the status of individual immigration cases (excepting those relating to an international protection applicant) may be made directly to my Department by e-mail using the Oireachtas mail facility 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.

An Garda Síochána

Questions (515)

Catherine Murphy

Question:

515. Deputy Catherine Murphy asked the Minister for Justice if funding has been secured to purchase additional drones for use by An Garda Síochána in 2024. [54471/23]

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Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the tendering for, and purchase of equipment. As Minister, I have no role in these independent functions.

However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána. I have been advised that the Garda Air Support Unit (GASU) is a national resource based at Casement Aerodrome, Baldonnel, Co. Dublin. The unit is under the direction and control of Assistant Commissioner, Organised and Serious Crime, and the operational control of Detective Chief Superintendent, Operational Support Services. The unit provides a 24-hour proactive and reactive service in support of operational Gardaí on the ground and specialist units.

The Garda authorities have also advised me that GASU is currently continuing ongoing trials with a number of Unmanned Aircraft Systems (Drones) and there is an internal Garda working group tasked with examining the wider potential and scope to use drones to assist in various policing operations. The working group is chaired by Superintendent, Operational Support Services under the direction of Assistant Commissioner, Organised and Serious Crime.

I am informed that 21 drones have been procured by GASU for evaluation, training and possible future operational use in the Garda Air Support Unit.

An Garda Síochána

Questions (516)

Catherine Murphy

Question:

516. Deputy Catherine Murphy asked the Minister for Justice the additional funding that has been provided for overtime to gardaí within the DMR over the Christmas-New Year period. [54472/23]

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Written answers

Earlier this year I announced a further €10 million for Garda overtime in Dublin. This additional allocation is being spent, to provide consistent high visibility policing in the capital.

The allocation of over €2.3 billion to An Garda Síochána for 2024 includes provision for a 25% increase in the overtime budget for An Garda Síochána, to €131 million from €105 million, which will allow for continued for high visibility policing to tackle crime and anti-social behaviour in Dublin and across the country.

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business, including all operational policing matters, under the Garda Síochána Act 2005 (as amended). The Commissioner is also the Accounting Officer for the Garda Vote under the Act, and is responsible for the economy and the efficiency of the Garda Síochána in using its resources. As Minister, I play no role in these independent functions.

I am informed by the Garda Authorities that the 2023 overtime budget covers 13 four week rosters from 25 December 2022 to 26 November 2023. Overtime worked over the Christmas and New Year Period in 2023 will be paid from the 2024 overtime budget allocation.

I am also advised by An Garda Síochána that detailed information relating to Garda overtime expenditure is publicly available up until Q3 of 2023 at the following link:

www.garda.ie/en/information-centre/freedom-of-information/publication-scheme/budgets-and-spending/overtime-reports.html

An Garda Síochána

Questions (517)

Catherine Murphy

Question:

517. Deputy Catherine Murphy asked the Minister for Justice the date on which the last time the stables at the Garda mounted unit were refurbished. [54473/23]

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Written answers

As you are aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána, including matters relating to the Garda estate. In addition, the Office of Public Works (OPW) is responsible for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in such matters.

I am informed by the Garda authorities that the Garda Mounted Unit paddocks were refurbished in 2022. This involved the supply and installation of new fencing, posts and gates and the removal of the existing fencing.

I am further advised that the Garda authorities are currently engaged with the Office of Public Works in relation to the provision and installation of a shed at the paddock area and the provision and installation of a covered lunge area with lighting for all weather use.

Passport Services

Questions (518)

Robert Troy

Question:

518. Deputy Robert Troy asked the Minister for Justice how a child (details supplied) can qualify for an Irish passport. [54492/23]

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Written answers

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

Where a parent is unable to prove residency for 3 of the 4 years prior to the birth of the child, the only means by which the minor can then obtain Irish citizenship is through naturalisation. Section 6A of the 1956 Act provides details on the criteria for naturalisation that applies to minors.

Minors cannot apply for naturalisation in their own right. Any application must be made by their parent, legal guardian or person acting on the child's behalf "in loco parentis".

If the minor is the child of a naturalised Irish citizen, they can rely on the Form 9 application form, provided the child has 3 or more residence in the State prior to the date of application.

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

My Department has moved from paper based applications to online forms for all new adult and minor applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.

An Garda Síochána

Questions (519)

Neasa Hourigan

Question:

519. Deputy Neasa Hourigan asked the Minister for Justice if she will outline her Department's policy on automatic number plate recognition technology; if she intends to legislate if necessary; and if she will make a statement on the matter. [54495/23]

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Written answers

The unprecedented allocation of €2.31 billion to An Garda Síochána in 2023 and 2024, up 23 per cent since 2020, demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work.

Automatic Number Plate Recognition (ANPR) is a highly valuable policing and intelligence tool, which can lead to efficiencies in the detection of criminal offences and assist in identifying perpetrators in serious crime investigations.

All Roads Policing vehicles issued since end of 2022 include the latest available technology in ANPR and interconnection with Garda mobility, and is specific to Roads Policing requirements. It is expected that a further 10 bespoke Roads Policing marked vehicles will be issued nationally by the end of Q4 2023.

The Garda Síochána (Recording Devices) Act 2023, which was signed into law by the President on the 5 December 2023, makes provision for Garda use of modern digital technology providing for the expanded use of ANPR. The Act provides that Gardaí can use ANPR to prevent, detect, investigate or prosecute, criminal offences which include road traffic offences.

The legislation will also allow Gardaí access to ANPR data gathered by other bodies, thereby assisting Gardaí in crime investigation. It provides for the automatic transfer of ANPR records from designated third parties, subject to a data sharing agreement, on an ongoing basis and provides An Garda Síochána with the power to process those records. Initially, this will be the Dublin Port Company, the National Roads Authority and Dublin Airport Authority PLC, all bodies with extensive ANPR camera networks already in place.

A Code of Practice relating to the operation of ANPR will also be prepared by the Garda Commissioner. In accordance with Part 8 of the Act, the Code of Practice will set out the procedures to be used and the requirements relating to confidentiality, security, storage, access, retention, erasure and destruction of data. Part 8 also establishes the requirements for consultation on the Code of Practice which, when finalised, will be submitted to the Minister for Justice and published in a Statutory Instrument.

The operation of the provisions relating to ANPR in the Recording Devices Act will also be overseen by a High Court Judge, who will report to the Taoiseach annually.

Antisocial Behaviour

Questions (520)

Paul Kehoe

Question:

520. Deputy Paul Kehoe asked the Minister for Justice if she will provide an update of the work of the Anti-Social Behaviour Forum and subgroup on knife crime; and if she will make a statement on the matter. [54575/23]

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Written answers

The Anti-Social Behaviour Forum is examining a broad range of issues, with a focus on developing measures which will address the factors that give rise to anti-social behaviour and its impact on community morale and quality of life. The causes of anti-social behaviour are multifaceted, including addiction, unemployment, social and economic issues.

Members of the Forum are drawn from a number of State agencies, including An Garda Síochána, the Probation Service and key Government Departments, as well as a broad representation of community, business, academic and other experts. The Forum met most recently on 24 October 2023.

Three subgroups of the Forum have been established to consider the specific issues of knife crime, the misuse of scramblers and quad bikes, and responses to Anti-Social Behaviour impacts on housing complexes managed by Approved Housing Bodies (AHBs). Similar sub-groups can be established to examine other issues as required.

Knife crime is a broad term, which has no official classification in crime statistics compiled by An Garda Síochána and published by the Central Statistics Office. This is because knives may be used in the commission of many different types of offence, ranging from threats and intimidation, robbery and theft to serious assaults and murder.

There are many complex, interlinked and variable causes for the use of knives in the commission of offences. As a result, there are no quick-fix solutions to tackling knife crime. Long term, evidence-based strategies are needed that address knife crime as part of a wider strategic response to anti-social behaviour, street violence, youth offending and domestic violence.

The subgroup is assessing available evidence to inform policy on knife crime and are currently considering options including increasing public awareness and the creation of stronger sentences for those convicted of knife crime in Ireland.

In March, officials in my Department met with Gardaí and also with the Office of the Director of Public Prosecutions (ODPP) . Following on from those meetings, An Garda Síochána undertook to examine what other jurisdictions are doing to combat knife crime post-Covid. The ODPP has looked at the issue in terms of the number of prosecutions brought for certain knife-related offences and further consideration is underway at present of the information received.

The ASB forum sub-group on knife crime is scheduled to meet next on 18th December.

Residency Permits

Questions (521)

Pa Daly

Question:

521. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 426 of 28 November 2023, in the absence of a harmonised, EU-wide approach to exiting Temporary Protection, whether under existing domestic legislative/administrative arrangements, the period of continuous residence in the State exercised by temporary protection beneficiaries would qualify as part of the duration of reckonable residence required for the purposes of eligibility to apply for long-term residency in the State. [54582/23]

View answer

Written answers

I can advise the Deputy that the Temporary Protection Certificate (TPC) issued to all Beneficiaries of Temporary Protection is a temporary permission to remain in Ireland and is renewable on an annual basis, as long as the Temporary Protection Directive remains in force. Beneficiaries of temporary protection are granted access to the labour market and to Government supports, as required under the Directive.

The Temporary Protection Directive has been extended until March 2025, in accordance with the recent Council Decision (EU 2023/2409). Ireland favours a harmonised, EU-wide approach to exiting Temporary Protection and continues to engage with the EU Commission and fellow member states to consider what provisions will be made for beneficiaries of Temporary Protection, and how this might relate to immigration arrangements and schemes generally, when the Directive is no longer active.

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