Mick Barry
Question:67. Deputy Mick Barry asked the Minister for Social Protection his views on the decline of occupational defined benefit occupation schemes over the past thirty years. [8456/17]
View answerDefined Benefit Pension Schemes
Questions (67)
Written answers
I am very much aware of the public concern highlighted by the recent publicity surrounding defined benefit (DB) schemes.
DB schemes have been facing substantial challenges over the last two decades. This is due to volatility in the stock markets, increasing liabilities arising from the demographic pressures of increasing life expectancy, low interest rates, and regulatory requirements. Essentially the cost of providing benefits has increased at a rate that has not been covered by the investment returns earned by pension schemes. In addition, accountancy standards, which make pensions liabilities very apparent on a company's balance sheet, contribute to the pressures under which DB schemes are operating.
During the financial crisis the decline of such schemes accelerated to the extent that the whole sector was at risk. At that stage a series of legislative amendments was brought forward to alleviate the situation. This followed much consideration of a range of matters such as balancing returns between members, debt on the employer and pension protection funds.
In spite of the difficulties, many employers have made great efforts to support and deliver on the pension promise made to scheme members. Many scheme trustees are working hard to ensure the on-going viability of their schemes. This process is best managed through discussion and negotiation between trustees, employers and members, where efforts are made to reach agreement regarding the steps that must be taken to secure scheme viability. These steps may include a mix of measures such as increased employer/member contributions, longer working and amended benefits. I believe that this is the best approach to scheme difficulties.
I believe further steps can and should be taken in relation to the funding standard. Following discussions between my officials, the Pensions Authority, the Society of Actuaries and the Irish Association of Pension Funds, the Pensions Authority will shortly bring forward proposals to allow some additional flexibility for DB schemes and to tackle some difficulties with the current operation of the standard. I intend to consult employer and union representatives on these proposals before making any changes.
I hope this clarifies the matter for the Deputy.
Question No. 68 answered with Question No. 61.
JobPath Implementation
Questions (69)
Catherine Murphy
Question:69. Deputy Catherine Murphy asked the Minister for Social Protection the evaluation of service delivery undertaken in respect of the rolled-out JobPath programme contract; the outcomes that are recorded and reported per person, by county and for each quarter since the contract commenced; if the evaluation of outcomes for suitability to the person are audited; and if he will make a statement on the matter. [8449/17]
View answerWritten answers
As the Deputy will be aware, JobPath is an employment activation service that supports people who are long-term unemployed and those most at risk of becoming long-term unemployed to secure and sustain paid employment. The service is delivered by two companies, Seetec and Turas Nua.
The service was rolled out on a phased basis over the period mid-2015 to July 2016, as a result the first groups of participants have only recently completed their engagement period with the service. It is important to note, that under the service jobseekers have access to a personal adviser (PA) who works with them over two phases. The first phase, of 12 months duration, the PA provides practical assistance in searching, preparing for, securing and sustaining employment. The second phase starts if the jobseeker is successful in finding work. During this phase the PA continues to work with the jobseeker for a further period of at least three months, and up to 12 months. It will take time therefore to accumulate a sufficient number of clients (who have completed their engagement period) for complete and robust outcomes data to be available.
However from 2017, the Department will publish a report on the performance of the service on a quarterly basis, with the first such report having just been published recently (17th of January).
The initial data on the impact of the service is encouraging.
- Employment outcome data shows that compared to people who did not take part in the service, people who availed of the service were 23% more likely to have started a job (as of October 2016). The difference appears to be more marked for very long-term unemployed people, with those out of work for more than three years some 44% more likely to have found a job if they engaged with the service.
- The results from the first independently conducted customer satisfaction survey indicates that jobseekers feel that they are receiving a good service under JobPath (76 – 81% satisfaction vs 5 – 8% dissatisfaction), that the staff of the service make them feel valued (90%+) and they have a good relationship with their personal adviser (90%+). They also feel that the service has improved their chances of getting a job (68% - 77%);
Given that only a small number of people have completed their full engagement period with the service these results can only be treated as indicative, nevertheless they are encouraging.
As the number of people who have completed their engagement period with the service increases the department will be in a position to provide greater granularity in the reports to be published each quarter this year.
The first report (with results together with a copy of the independent customer satisfaction survey findings for both companies) is available on the department’s website at –
http://www.welfare.ie/en/downloads/JobPath-performance-report-January-2017.pdf
In relation to ensuring that the outcomes are suitable to the person, the Department was careful in designing the service to ensure that payments to contractors are conditional on people not just finding a job, but finding sustainable employment. The companies are, for example, paid for each 13 week period of sustained employment of at least 30 hours per week. The suitability of employment is therefore a key factor in ensuring that jobs are sustainable. If people are placed into unsuitable jobs they are less likely to remain in employment and as a consequence the provider’s fees will be reduced. In addition the department has built in a number of controls related to the service, for example should one of the companies fall below the standards expected by the department in terms of performance, customer satisfaction or quality of service delivery the department can retain fees due to the companies. The department conducts audits and inspections and monitors customer satisfaction and performance of the companies on an ongoing basis.
Pension Provisions
Questions (70)
John Brady
Question:70. Deputy John Brady asked the Minister for Social Protection if he will consider extending the eligibility for the widow's, widower's or surviving civil partner's (contributory) pension to include unmarried cohabiting partners; and if he will make a statement on the matter. [8413/17]
View answerWritten answers
In order to qualify for a widow’s, widower’s or surviving civil partner’s contributory pension, a person must satisfy certain social insurance conditions and be a widow, widower or (since 1 January 2011) a surviving civil partner, and not be in a cohabiting relationship. The contributions must have been paid on one of the spouse/civil partners’ social insurance records and all must have been made before the death of the spouse/civil partner. Once in payment, the pension remains payable while the person remains widowed or a surviving civil partner. The legal context governing relationships such as marriage is broader than the social protection system. Where that context changes, the social welfare code is examined for appropriate changes, e.g., the scheme was introduced for widows on 1st January 1936; it was extended to widowers on 28th October 1994 in light of gender equality issues that had not been considered in the 1930s; and extended to surviving civil partners from 1st January 2011 following the introduction of civil partnership. Entering into a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties, which do not exist in a legal sense between co-habiting couples. Widows, widowers and surviving civil partners, who become bereaved, therefore, in addition to their personal loss, also lose someone who had legal duties towards them. In some cases those legal duties were, in part, financial in nature, and the social welfare code recognises that potential loss by providing a pension to them, subject to certain conditions.
A surviving cohabitant who was not married to their deceased former partner may be entitled to other social welfare payments if he or she has an income need, e.g., One-Parent Family Payment, Jobseekers Benefit or Allowance or Family Income Supplement. Payment of Child Benefit would continue, where applicable.
In terms of other income supports, supplementary welfare allowance is a means tested weekly payment, subject to certain terms and conditions, which provides a basic income support to eligible people whose means are insufficient to meet their needs.
I hope this clarifies the matter for the Deputy.
Pensions Legislation
Questions (71)
Niamh Smyth
Question:71. Deputy Niamh Smyth asked the Minister for Social Protection his plans to reform the pension system which it is perceived currently discriminates against persons, mainly women, who took time out of the workforce prior to 1994 to care for children or elderly relatives; and if he will make a statement on the matter. [8418/17]
View answerWritten answers
The State pension contributory is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives. To ensure that the individual can maximise their entitlement to a State pension, all contributions paid or credited over their working life from when they first enter insurable employment until pension age are taken into account when assessing their entitlement and the level of that entitlement.
Since 1961, when contributory pensions were introduced, the average contributions test has been used in calculating the rate of pension entitlement. Entitlement is banded, with the maximum rate payable to those with a yearly average of 48-52 contributions, and the minimum rate payable to those with a yearly average in the range of 10-14 contributions per year. Even if someone has only 10 years (520 weeks) of paid reckonable contributions between their 16th and 66th birthdays, they would generally qualify for a State pension (contributory), although the rate payable would vary depending on their circumstances, and it will not always be their most advantageous payment to claim, particularly if they qualify for a full-rate State pension (non-contributory).
The homemaker’s scheme was introduced in 1994 to make qualification for State pension contributory (SPC) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age, or incapacitated people, to be disregarded when a person’s social insurance record is being calculated for pension purposes. The effect of this is to reduce the number of years by which the person’s contributions are divided, thereby increasing their yearly average, making it easier for them to qualify for a maximum rate SPC. It does not involve the award of credits. My Department reviews these and other provisions on an ongoing basis and has estimated that the cost of extending the Homemakers scheme to allow people to avail of the full 20 years currently allowed under the scheme, encompassing periods prior to 1994, could cost €290m in 2017. This figure would increase in subsequent years.
It is worth noting that the most recent Actuarial Review of the Social Insurance Fund in 2012 confirmed that the Fund provides better value to female rather than male contributors. This is due to the redistributive nature of the Fund.
Where people who were unattached to the labour market during most of their adult lives cannot qualify for a contributory pension in their own right as they have paid few or no contributions, or cannot qualify for a full rate as a result of an intermittent PRSI record, the social protection system provides alternative methods of supporting such pensioners in old age. Therefore, if their spouse has a contributory pension, they may qualify for an Increase for a Qualified Adult amounting up to 90% of a full rate pension, which by default is paid directly to them. Alternatively, they may qualify for a means-tested State Pension (non-contributory), amounting up to 95% of the maximum contributory pension rate.
The National Pensions Framework (2010) proposed that a “Total Contributions Approach” (TCA) should replace the yearly average approach, for new pensioners from 2020. The aim of this approach is to make the rate of contributory pension more closely match contributions made by a person. Officials of my Department are currently working on the detailed development of the TCA with a view to making proposals for consideration later in the year. This is a very significant reform with considerable legal, administrative, and technical elements in its implementation. An important element in the final design of the scheme will be the position of people who have gaps in their contribution records for various reasons, and this factor is being considered very carefully in developing this reform.
I hope this clarifies the matter for the Deputy.
Poverty Data
Questions (72)
Willie O'Dea
Question:72. Deputy Willie O'Dea asked the Minister for Social Protection his views on the recently published survey on income and living conditions, SILC, data which showed that the at risk of poverty rate, the deprivation rate and the consistent poverty rate actually increased for those persons not at work due to illness or disability; and if he will make a statement on the matter. [8359/17]
View answerWritten answers
The latest CSO Survey on Income and Living Conditions (SILC) results for 2015 show that the consistent poverty rate, for people in households headed by a person who was unable to work due to illness or a disability, was 22.4% in 2015. This compared to 14.4% the year before. The at-risk-of-poverty rate increased from 25.2% to 34.8% and basic deprivation rose from 51.3% to 53.2% for this group in 2015. However, these figures (like other statistics for very small groups in the survey) have been volatile in recent years. This is due to smaller sample sizes. It is not possible to say with certainty whether the changes over the year are statistically significant and indicative of a sustained trend. Given the continuing economic recovery throughout 2016 and measures introduced in Budgets 2016 and 2017, it is reasonable to expect future figures to show improvements. I will continue to work with my Government colleagues to ensure that the economic recovery is experienced in all regions and by all families, households and individuals. The Government’s strategy for addressing poverty and social exclusion is set out in the National Action Plan for Social Inclusion. The Plan identifies a wide range of targeted actions and interventions to achieve the overall objective of reducing consistent poverty. The Department will review the Plan this year, as it reaches the end of its current term, with a view to developing an updated plan for future periods. The Department will also review the national social target for poverty reduction. This review will be undertaken in consultation with relevant stakeholders.
The Government is committed to increasing the employment opportunities for people with a disability. The Comprehensive Employment Strategy for people with disabilities adopts a cross-government approach that brings together various measures, to be taken by different Departments and State agencies, in a concerted effort to address the barriers and challenges that impact on the employment of people with disabilities. The six strategic priorities are to: build skills, capacity and independence; provide bridges and supports into work; make work pay; promote job retention and re-entry into work; provide co-ordinated and seamless support; and engage employers. These priorities are incorporated into the Pathways to Work Strategy and this ensures that there is an integrated focus on supports that enable people with disabilities to participate in employment where they have the capacity to do so.
My Department provides a range of specific income, activation and employment supports for people with a disability. For instance, the partial capacity benefit scheme enables recipients of invalidity pension and illness benefit to take-up employment, on a voluntary basis, while continuing to receive income support. The Department manages a supported employment service (EmployAbility) which provides a dedicated job-coaching service for people with disabilities. Intreo services are also available to provide employment support services for people with disabilities who wish to engage with the service on a voluntary basis. There is also a focus on supports available to employers who employ people with disabilities such as the Wage Subsidy Scheme and the Workplace Equipment Adaption Grant Scheme.
Bereavement Grant
Questions (73)
Gino Kenny
Question:73. Deputy Gino Kenny asked the Minister for Social Protection if he will reinstate the bereavement grant and make additional funds available to the exceptional needs payment, which were cut in January 2014; and if he will make a statement on the matter. [8439/17]
View answerWritten answers
In recent Budgets the Department has protected primary social welfare rates. Abolishing the bereavement grant provided a significant annual saving. This allowed the Department to protect other social welfare payments such as the State pension.
There are a range of supports available for people following bereavement which provide more significant support than the grant. These include a weekly-paid widow's, widower's or surviving civil partner’s (contributory and non-contributory) pensions, which are based on contributions or a means test, and a once-off widowed or surviving civil partner grant of €6,000 where there is a dependent child. A number of social welfare payments, including State pension, continue in payment for six weeks following a death. In Budget 2016, the Government increased the payment after death period to 12 weeks for carer’s allowance. Guardian payments are available where someone cares for an orphaned child. A special funeral grant of €850 is paid where a person dies because of an accident at work or occupational disease.
The supplementary welfare allowance (SWA) scheme provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependants. Under the SWA scheme, the Department of Social Protection may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet from their weekly income, which may include help with funeral and burial expenses. The Government has provided €31.5 million for exceptional and urgent needs payments in 2017.
Although ENP expenditure has reduced in recent years, the scheme is demand led and continues to provide assistance to those with exceptional needs taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance. Provisional expenditure for 2016 is €32 million, showing that expenditure under the scheme is stabilising in recent years in line with the improvement in the economy.
Any decision to restore the bereavement grant would have to be considered in the context of overall budgetary negotiations.
I hope this clarifies the matter for the Deputy.
Question No. 74 answered with Question No. 46.
Rent Supplement Scheme Data
Questions (75)
Ruth Coppinger
Question:75. Deputy Ruth Coppinger asked the Minister for Social Protection his views on the prevalence of persons coming off rent supplement due to becoming homeless; and if he will make a statement on the matter. [8454/17]
View answerWritten answers
The rent supplement scheme plays a vital role in housing families and individuals supporting approximately 47,000 tenants for which the Government has provided €253 million for in 2017. The numbers in receipt of rent supplement are declining for a number of reasons including the continuing improvement in the economy and transfer to social housing options. The most significant policy change is the introduction of the Housing Assistance Payment (HAP), under which responsibility for persons with long term housing needs transfers from my Department to the local authorities. While statistics are not maintained on those leaving rent supplement and entering homeless services, I can assure the deputy every effort is made by my Department so that rent supplement tenants can remain in their homes. In view of the on-going rental market difficulties, my Department implements a targeted case-by-case policy approach that allows for flexibility where landlords seek rents in excess of the rent limits. In addition, the Protocol arrangement in place with Threshold is operational in the areas where supply issues are particularly acute covering Dublin, Cork, Meath, Kildare and Wicklow and Galway City. Since the introduction of this flexible approach, in excess of 11,000 persons at imminent risk of homelessness have been supported through increased rent supplement payments. These measures in tandem with the increased rent limits introduced in July 2016 are supporting rent supplement tenants to minimise the threat of losing their tenancies.
I trust this clarifies the matter for the Deputy.
Question No. 76 answered with Question No. 48.
Pension Provisions
Questions (77)
Niamh Smyth
Question:77. Deputy Niamh Smyth asked the Minister for Social Protection his plans to reinstate the State transition pension; his further plans to prevent persons forced to retire at 65 years of age having to apply for jobseeker's for one year until they reach the State pensionable age of 66; and if he will make a statement on the matter. [8376/17]
View answerWritten answers
The Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. This began in January 2014 with the abolition of the State pension (transition) available from 65 for those who satisfied the qualifying conditions, thereby standardising State pension age for all at 66 years, which is the current State pension age. This will increase to 67 in 2021 and to 68 in 2028. In most cases, it is hoped that workers will continue to work up to the new State pension age. Where this is not possible, and where they are available for work, there are specific measures which apply to someone claiming Jobseeker’s Benefit from a date after their 65th birthday. Where qualified, these recipients may continue to be eligible for that payment until reaching pension age. Reversing this measure would have a significant Exchequer cost. In 2013, the cost of the State pension (transition) was €137 million. Its abolition was not expected to save that amount of expenditure in full, as some people who were affected would alternatively claim working age payments such as Jobseeker's Benefit (albeit at a lower rate than the rate of the State pension), or may claim an Increase for a Qualified Adult in respect of their spouse’s pension. However, it is anticipated that well over half of that cost has been saved each year as a result of this measure, and this would be expected to increase as (a) the number of 65 year olds increases, (b) the change results in a higher percentage of people working while aged 65, and (c) there have been two Budget increases in the rate of the State pension since then. It is estimated that the net saving in 2017 is likely to be in the region of €80 million, and this is expected to increase over time.
Each year more people are living to pension age and living longer in retirement. As a result of this demographic change, the number of State pension recipients is increasing year on year. This has significant implications for the future costs of State pension provision which are currently increasing by close to €1 billion every 5 years. The purpose of changes to the State pension age is to make the pension system more sustainable in the context of increasing life expectancy. This sustainability is vital, if the current workers, who fund State pension payments through their PRSI, are to receive a pension themselves when they reach retirement age.
The Deputy should note that there is no statutory retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers. While such a contract may have been entered into with a retirement date of 65, in the context of the previous State pension arrangements, there is no legal impediment to the employer and employee agreeing to increase the duration of employment for one or more years, if both parties wish to do so.
In January 2016, an Interdepartmental Group on Fuller Working Lives, chaired by the Department of Public Expenditure and Reform, was established specifically to examine the implications arising from prevailing retirement ages. The final report of the Group made a number of recommendations to support working and retirement practices. This included a request to the Workplace Relations Commission to prepare a Code of Practice under Section 42 of the Industrial Relations Act, 1990 to help manage the engagement between employers and employees regarding retirement issues and longer working. The final report, the recommendations of which were accepted by Government in August 2016, is available on the Department of Public Expenditure and Reform’s website.
I hope this clarifies the matter for the Deputy.
Departmental Legal Costs
Questions (78)
John Deasy
Question:78. Deputy John Deasy asked the Taoiseach the amount spent during 2016 by his Department and by each named public body under his Department’s remit on legal services, by reference to each firm or individual engaged in tabular form. [8048/17]
View answerWritten answers
My Department has not incurred any such expenditure in 2016; neither has the National Economic and Social Development Office (NESDO), which is the only body under the aegis of my Department.
Employment Data
Questions (79)
Barry Cowen
Question:79. Deputy Barry Cowen asked the Taoiseach if the CSO has any estimates for the number of Irish or EU citizens who are resident here and employed in Northern Ireland; and if the CSO has estimates for the number of Irish or EU citizens that are resident in County Donegal and are employed in Derry. [8204/17]
View answerWritten answers
The Central Statistics Office, in conjunction with the Northern Ireland Statistics and Research Agency, published a joint report in 2014 presenting census results for both Ireland and Northern Ireland. The report contained detailed information on cross border commuters.
There were 6,416 cross border commuters who travelled from Ireland to work in Northern Ireland, and a further 1,879 who commuted for study.
Census 2011 results also show there were 3,039 persons resident in Donegal who stated that their place of work was in Derry in April 2011.
Data concerning cross border travel from the 2016 census of population will be available in Profile 6 - Commuting in Ireland which will be published in August 2017.
National Postcode System Implementation
Questions (80)
Catherine Murphy
Question:80. Deputy Catherine Murphy asked the Taoiseach the cost of upgrading information technology systems and or databases to incorporate the use of Eircode; and if the use of Eircode is mandatory in his Department. [8639/17]
View answerWritten answers
The work required to upgrade my Department’s information technology systems and databases to incorporate the use of Eircode was carried out by staff in my Department’s IT unit in the course of routine maintenance and did not incur any additional cost.
My Department encourages and promotes the use of Eircode and has, to date, made the following efforts in this regard:
- The websites Taoiseach.gov.ie and MerrionStreet.ie have been updated to include the relevant Eircode;
- All Departmental databases have been updated to include my Department’s Eircode. Space has also been provided for the inclusion of an Eircode on the recipient address line;
- All headed notepaper purchased since the introduction of Eircode has included the relevant Eircode in the address line;
- All business cards ordered since the introduction of Eircode include my Department’s Eircode;
- All staff have been requested to insert the relevant Eircode in their email signature if their signature contains their full work address; and
- Grant application forms have been amended to include my Department’s Eircode.
Northern Ireland
Questions (81)
Gerry Adams
Question:81. Deputy Gerry Adams asked the Taoiseach if he will provide the documentation regarding the agreement he referred to with the British Government that there will be no return to the Border of the past. [8714/17]
View answerWritten answers
As I have stated publicly, the Irish Government will oppose a hard border, argue for free movement on this island, seek EU funding for cross-border projects and protect the rights of EU citizens, whether from North or South.
It is a matter of vital national interest for Ireland that we do not return to the days of a hard border, or indeed create a new one in the future.
This is a political matter, not a legal or technical matter - it will have to be solved by political leadership and will require creativity, imagination and innovation.
In all of our discussions with the UK Government we have emphasised the necessity of ensuring the continued free flow of trade on the island and the need to avoid a hard border and have made clear that any manifestation of a hard border would have very negative consequences.
Courts Service
Questions (82, 94)
Hildegarde Naughton
Question:82. Deputy Hildegarde Naughton asked the Tánaiste and Minister for Justice and Equality the status of efforts by the Office of Public Works to identify a site for the development of a new courthouse in Galway city; the criteria being applied in searching for such a site; and the next steps towards the development of a new courts facility in Galway city. [8248/17]
View answerHildegarde Naughton
Question:94. Deputy Hildegarde Naughton asked the Tánaiste and Minister for Justice and Equality the status of efforts by the Courts Service to develop a new courthouse in Galway city; if funding has been allocated for this purpose; and if she will make a statement on the matter. [8247/17]
View answerWritten answers
I propose to take Questions Nos. 82 and 94 together.
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that providing improved court facilities in Galway city continues to be an objective. There is no scope to expand the facilities in the current courthouse building due to the nature of the building and the site itself. For this reason the Courts Service, with the assistance of the Office of Public Works, is actively seeking a suitable site for a proposed new courthouse in Galway City. Detailed specifications for the proposed new courthouse have not yet been developed. However, potential sites may need to be capable of accommodating an appropriately sized courthouse for the city, expected to be a six courtroom venue. The provision of a new courthouse in Galway City will depend on the availability of funds to purchase and develop any proposed site.
Court Accommodation Provision
Questions (83, 109)
Seán Fleming
Question:83. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the position regarding identifying sites for a project (details supplied); and if she will make a statement on the matter. [8386/17]
View answer
Brian Stanley
Question:109. Deputy Brian Stanley asked the Tánaiste and Minister for Justice and Equality the progress which has been made by her Department in working with the Office of Public Works to secure a site and begin planning for a new courthouse in Portlaoise. [8645/17]
View answerWritten answers
I propose to take Questions Nos. 83 and 109 together.
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the they have the objective of building a new and modern courthouse with all necessary court facilities in Portlaoise. The Courts Service has been trying to acquire a suitable site for some time. Two potential sites have been identified and both are currently being assessed by the OPW as to their suitability. Progress with regard to the development of a new courthouse will be dependent on the availability of funding.
Road Safety
Questions (84)
Brendan Griffin
Question:84. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if the Road Safety Authority will consider the use of mobile unmarked speed detection vehicles to gather accurate information on speeding blackspots; and if she will make a statement on the matter. [8709/17]
View answerWritten answers
The Deputy will be aware that a new contract for the provision and operation of the safety camera network on Irish roads was concluded on 17 August 2016. The contract for the safety camera service, which was awarded following a public procurement competition, is with Road Safety Operations Ireland, trading as GoSafe. The new safety camera contract is an agreement between the Minister for Justice and Equality, the Commissioner of An Garda Síochána and Road Safety Operations Ireland, trading as GoSafe.
The Minister for Justice and Equality authorised the awarding of the services agreement for the provision and operation of safety cameras on a managed service basis for An Garda Síochána, in accordance with Section 81(7) of the Road Traffic Act, 2010. Section 81(7) of the Road Traffic Act 2010 provides for persons, other than members of An Garda Síochána, to make recordings, which can be used as evidence of an offence under the Road Traffic Acts, when authorised to do so by means of an agreement with the Minister for Justice and Equality.
The duration of the new contract is 6 years, with the option to extend the contract for an additional 12 months. Under the new contract, GoSafe will provide an annual minimum of 90,000 hours of monitoring and surveying vehicle speed across 1,031 designated safety camera zones. This equates to a minimum of 7,400 monitoring hours and 100 survey hours a month. This represents an annual increase of 300 hours on the existing contract. The new contract also contains provisions for up to 1,500 additional monitoring hours within any calendar month and the option to avail of fixed, temporary fixed and average speed safety camera systems.
The role of the Garda Safety Camera Contract is to improve road safety by changing driver behaviour in order to reduce road traffic fatalities and serious injuries by reducing the incidence of drivers exceeding stipulated speed limits, in circumstances where speeding is known to be a significant factor behind serious collisions.
The Government's current Road Safety Strategy (2013 – 2020) sets the task of making Ireland's roads as safe as the best performing countries in the European Union and beyond. The strategy aims to reduce road collisions to 25 road deaths per million of population by 2020. The recent increase in road deaths (188 road traffic fatalities in 2016) highlights the need to continue to deploy all effective measures to reduce speeding, and therefore road traffic collisions. Speed enforcement is a key component in Garda road safety enforcement strategy and the introduction of a safety camera network has been central to this strategy for several years. The network also releases Garda resources for other road safety enforcement and the speed surveying function it provides informs road policing operations generally.
The overall impact of the cameras can be seen in the number of fatal collisions in the designated safety camera zones, referred to as speed enforcement zones. The designation of specific sections of road as speed enforcement zones is based on an analysis of collision data by An Garda Síochána. The locations of these speed enforcement zones are available on the Garda website www.garda.ie. In the years 2004 to 2009 (the 6 years before the introduction of the safety camera network began), approximately 3 out of 10 (30%) fatal collisions occurred in these zones. Following the introduction of monitoring, this collision rate dropped to less than 2 in 10 (17%) in 2013 and to approximately 9% to April 2015.
After reaching a low of 165 in 2015, the 2016 increase in road fatalities strengthens the argument for all agencies to maximise their road safety efforts so as to reverse this development. The Road Safety Authority plays a vital role in the context of road safety in Ireland by:
- Developing and implementing information and education campaigns to increase awareness of road safety and promote safer driving;
- Improving vehicle standards;
- Establishing and monitoring a standard for driver instruction;
- Overseeing the system of driver licensing and undertaking certain enforcement activities;
- Working with stakeholders to ensure a co-ordinated response and ensure our collective resources are used wisely and efficiently;
- Undertaking accident and road safety research in order to develop measures and recommendations to improve road safety;
- Advising the Minister for Transport on road safety policy;
- Producing road safety strategy documents and monitoring their implementation.
Garda Recruitment
Questions (85)
James Lawless
Question:85. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality the reason for the delay for a person (details supplied) to enter into An Garda Síochána; and if she will make a statement on the matter. [8063/17]
View answerWritten answers
As the Deputy will be aware, recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013. The Public Appointments Service (PAS), on behalf of the Garda Commissioner, manages the initial recruitment stages for selection of Garda Trainees with the final stages of the recruitment process being managed by the Garda Commissioner and I, as Minister, have no direct involvement in the matter.
I have been informed by the Public Appointments Service that any candidate involved in the recruitment process for the Garda Trainee competition must contact the Public Appointments Service themselves should they have any queries in relation to their application. The Public Appointments Service will not disclose or discuss any application to third parties in accordance with Data Protection policies.
Garda Complaints Procedures
Questions (86)
Niall Collins
Question:86. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if she has been notified of a complaint (details supplied) regarding An Garda Síochána and the Garda Síochána Ombudsman Commission; the action she will take with regard to the complaint; and if she will make a statement on the matter. [8085/17]
View answerWritten answers
In the absence of any specific details of the matters referred to in the Deputy's question I cannot say if these have been notified to me or my Department.
Nonetheless, I can inform the Deputy that the Garda Síochána Ombudsman Commission (GSOC) was established as a statutory independent body, under the Garda Síochána Act 2005, to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Síochána Act stipulates that GSOC is independent in the exercise of its functions and I, as Minister, have no role in the processing of individual complaints which are referred for investigation.
Gambling Legislation
Questions (87)
Catherine Murphy
Question:87. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the date on which she will introduce the gambling (miscellaneous provisions) Bill 2017; and if she will make a statement on the matter. [8125/17]
View answerWritten answers
The situation in regard to the proposed gambling control legislation remains as I have outlined in my Written Reply to Question No. 101 of 14 February 2017 which I will, therefore, largely reiterate on this occasion.
The General Scheme of the Gambling Control Bill was published in July 2013 following approval by the Government and is currently in drafting by the Office of the Parliamentary Counsel. The Bill, as proposed, will update all existing laws on the regulation of gambling, including betting and gaming but excluding the National Lottery. It will provide for the licensing of all forms of on-line gambling. It is the intention to proceed with this legislation at the earliest opportunity. In support of these efforts the Government has delegated powers of the Minister for Justice and Equality under the gaming and lotteries legislation to me as Minister of State.
As the Deputy will recall, the General Scheme was referred to what was at the time the Oireachtas Joint Committee on Justice, Defence and Equality for consideration and observations. The Joint Committee received 29 submissions and held public hearings following which it issued a report on 6 November 2013 which contained 8 conclusions and was laid before the Houses.The 2013 General Scheme provides for the conferring of responsibility for all regulatory matters in this area on the Minister for Justice and Equality, including licensing, inspections and prosecutions, and it envisages that these functions would be carried out by a body located within the Department of Justice and Equality. The General Scheme also provides for a dedicated inspectorate to ensure compliance by licence holders with the terms of their licences and with the new legislation generally. The Gambling Control Bill will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at the protection of vulnerable persons, including children, from risks to their well-being arising from gambling. The 2013 Scheme includes measures that will require licence holders to act in a socially responsible way. These measures include controls on advertising, promotions and sponsorship.
Pending the bringing forward of the main Bill, which is a major undertaking, I have also asked my Department to examine whether there are any individual pressing areas of concern, intended to be dealt with in the Bill, which could be dealt with early this year by separate legislative measures. A number of such measures are, therefore, under active consideration and will be included in the Scheme of the forthcoming Courts and Civil Law Miscellaneous Provisions Bill which is, under the Government Legislation Programme, to be submitted for legislative scrutiny early this year. This initial approach will, as I have indicated, be augmented by the completion of the more complex work on the main Bill for Government approval and publication in due course. I and officials of my Department are continuing to consult with relevant stake-holders, including those with experience in dealing with persons for whom gambling has become a problem and, as I have outlined, I intend to move forward as quickly as possible with the appropriate legislation.
Garda Complaints Procedures
Questions (88)
Fergus O'Dowd
Question:88. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality her views on issues raised in correspondence (details supplied) regarding the death of a person; and if she will make a statement on the matter. [8126/17]
View answerWritten answers
The tragic case to which the Deputy refers was considered under the Independent Review Mechanism - IRM - established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to me as Minister for Justice and Equality, or the Taoiseach. The recommendation made by the IRM in this particular case was that I should take no further action.
Certain matters arising from the tragic death in this case were already being investigated by Garda Síochána Ombudsman Commission (GSOC). This arises in part from the fact that my predecessor had referred aspects of this particular case to GSOC. I understand that, that investigation has not concluded. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint.
When the Taoiseach and I recently met with the family, the Taoiseach assured them that when the GSOC investigation is completed the question of whether, and if so, what further action can be taken, will be considered. That remains the position.
Naturalisation Applications
Questions (89)
Niamh Smyth
Question:89. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality if she will review correspondence (details supplied); the status of this matter; and if she will make a statement on the matter. [8128/17]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the two requests from the persons concerned for permission to remain in the State are currently receiving attention and a decision will issue shortly in relation to both cases.
May I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
Prison Staff
Questions (90, 91, 92, 93)
Michael Fitzmaurice
Question:90. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Justice and Equality the number of prison officers who are currently suspended with pay while they are being investigated for misconduct; the total amount paid to these persons since they began their suspension; and if she will make a statement on the matter. [8159/17]
View answerMichael Fitzmaurice
Question:91. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Justice and Equality the number of investigations being carried out into the misconduct of prison officers; and if she will make a statement on the matter. [8160/17]
View answerMichael Fitzmaurice
Question:92. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Justice and Equality the nature of each investigation currently being carried out into the misconduct of prison officers; and if she will make a statement on the matter. [8161/17]
View answerMichael Fitzmaurice
Question:93. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Justice and Equality the number of investigations being carried out into the misconduct of prison officers and the prisons in which they are employed in tabular form; and if she will make a statement on the matter. [8162/17]
View answerWritten answers
I propose to take Questions Nos. 90 to 93, inclusive, together.
I am advised by the Irish Prison Service that the procedures for implementing disciplinary matters for Prison Officers is set out in the Statutory Instrument Prison (Disciplinary Code for Officers) Rules, 1996 as amended by Prison (Disciplinary Code for Officers) (Amendment) Rules 2009.
There is currently no officer suspended with pay whilst being investigated for misconduct. There is one officer who is suspended with pay but is not currently being investigated for misconduct. The following table sets out the number and nature of investigations being carried out into the misconduct of prison officers and the prisons in which they are employed.
|
Prison |
Total Ongoing Investigation |
Lateness for duty |
Unauthorised absence |
Discreditable Conduct |
False Statement |
Breach of duty |
Corrupt Practice |
Breach of social media policy |
Using undue force |
Loss or misuse to property |
|
Arbour Hill |
23 |
1 |
20 |
1 |
1 |
|||||
|
Castlerea |
3 |
1 |
2 |
|||||||
|
Cork |
1 |
1 |
||||||||
|
Dochas |
1 |
1 |
||||||||
|
Mountjoy |
3 |
2 |
1 |
|||||||
|
St. Pat’s |
4 |
1 |
3 |
|||||||
|
Midlands |
4 |
1 |
3 |
|||||||
|
Cloverhill |
66 |
63 |
3 |
|||||||
|
OSG |
3 |
2 |
1 |
|||||||
|
Limerick |
8 |
5 |
1 |
2 |
||||||
|
PSEC |
9 |
2 |
7 |
|||||||
|
Portlaoise |
10 |
5 |
3 |
1 |
1 |
|||||
|
Wheatfield |
31 |
26 |
4 |
1 |
||||||
|
Total |
166 |
1 |
120 |
21 |
7 |
6 |
3 |
2 |
5 |
1 |