Tuesday, 30 Jan 2018

School Discipline

Questions (257)

James Browne

Question:

257. Deputy James Browne asked the Minister for Education and Skills his plans to ban the use of smartphones in schools; and if he will make a statement on the matter. [4504/18]

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Written answers

Minister for Education and Skills

Decisions on the use of phones in schools are taken at a local level by the Board of Management of a school, who under the Education Act 1998, have responsibility for the direct governance of a school. In developing policies on such issues, including bring your own device and smart phone usage, Boards of Management should consult with the wider school community, including parents.

My Department takes the health and safety of all children extremely seriously, and in that context, all schools are advised to have an Acceptable Usage Policy in place, which governs students’ use of the internet at school and covers a wide range of issues surrounding the rights, responsibilities and privileges – as well as sanctions – connected with computer use. A suite of information, including an “AUP Generator” to assist schools is available at https://www.webwise.ie/aup-2/.

Information for teachers, schools and parents on specific technologies, including Smartphones and social media apps, can be found at www.webwise.ie and www.pdsttechnologyineducation.ie.

Under the Broadband for Schools Programme schools are provided with a portfolio of network services including security & filtering of content.

School Discipline

Questions (258)

James Browne

Question:

258. Deputy James Browne asked the Minister for Education and Skills the direction his Department offers to primary schools and secondary schools regarding students’ usage of smartphones in school; and if he will make a statement on the matter. [4508/18]

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Written answers

Minister for Education and Skills

Decisions on the use of phones in schools are taken at a local level by the Board of Management of a school, who under the Education Act 1998, have responsibility for the direct governance of a school. In developing policies on such issues, including bring your own device and smart phone usage, Boards of Management should consult with the wider school community, including parents.

My Department takes the health and safety of all children extremely seriously, and in that context all schools are advised to have an Acceptable Usage Policy in place, which governs students’ use of the internet at school and covers a wide range of issues surrounding the rights, responsibilities and privileges – as well as sanctions – connected with computer use. A suite of information, including an “AUP Generator” to assist schools is available at https://www.webwise.ie/aup-2/.

Information for teachers, schools and parents on specific technologies, including Smartphones and social media apps, can be found at www.webwise.ie and www.pdsttechnologyineducation.ie .

Under the Broadband for Schools Programme schools are provided with a portfolio of network services including security and filtering of content.

Mental Health Services

Questions (259)

James Browne

Question:

259. Deputy James Browne asked the Minister for Education and Skills the way in which his Department liaises with the Department of Health to ensure that teachers are equipped to identify schoolchildren who may require access to mental health care; and if he will make a statement on the matter. [4514/18]

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Written answers

Minister for Education and Skills

My Department is strongly supportive of the promotion of positive mental health awareness in schools. The Department adopts a holistic and integrated approach to supporting the work of schools in promoting positive mental health and to supporting those with the broad range of problems, behavioural emotional and social.

The processes span the curriculum in schools, whole-school ethos, quality of teaching, learning and assessment, student support and pastoral care and the provision of professional development for teachers. It also involves other supports such as educational psychological services and guidance and counselling services, and the interface with other agencies, both nationally and locally. Schools also engage in a wide range of sport and cultural co-curricular activities which provide an important opportunity for students to experience success and personal growth.

Wellbeing Guidelines for Post-Primary (2013) and Primary Schools (2015) have been developed by my Department in collaboration with the Department of Health and the Health Service Executive. The guidelines are informed by consultation with key Education and Health partners and by the findings of research. They provide practical guidance to schools on how they can promote mental health and well-being in an integrated school-wide way and they also provide evidence-based advice on how to support young people who may be at risk.

The Guidelines build on the significant work already taking place in schools, including through the Social, Personal and Health Education (SPHE) curriculum, the whole-school guidance plan, the National Educational Psychological Service (NEPS) continuum of support model and the HSE, Health Promoting Schools process. Information is also provided on how to access support from the SPHE Support Service and other external agencies and support services. In addition Wellbeing Guidelines have been produced for the Junior Cycle Programme introduced in September 2017. This includes a focus on mental health promotion. Professional development is currently being provided for schools in anticipation of this.

A range of external resources and initiatives are available to assist schools, among others, in supporting various aspects of a positive mental health process or relating to suicide prevention and crisis intervention such as the example instanced by the Deputy in his question.

The guidelines advise that in the event of pupils presenting with mental health difficulties which are above and beyond the school's capacity and ability to support, school authorities should identify and access the referral pathways for the various primary and secondary healthcare services in their particular area. My Department's National Educational Psychological Service (NEPS) is available to advise schools on the matter. Referrals should, of course, be undertaken with Parental or Guardian consent and collaboration, except in an exceptional situation where there may be child protection issues. In normal circumstances referral to the Child and Adolescent Mental Health Service (CAMHS) is made through the student's G.P.. I hope this clarifies the issue for the Deputy.

My Department liaises extensively with the Department of Health and its agencies in relation to the rationalisation and co-ordination of mental health services at national, regional and local level. This liaison has resulted in the development of operational protocols for co-operation between services and clarification of referral pathways for accessing mental health services. Awareness building for schools in mental health and well-being is supported by the health sector through overarching initiatives such as Healthy Ireland and Health Promoting School initiative. At a more focussed level my Department in collaboration with the HSE’s National Office for Suicide Prevention (NOSP) has recently commenced a pilot programme of training in SafeTALK (suicide awareness skills) on a voluntary basis for teachers. The Learning from this pilot phase will help determine the appropriate training needs for teachers at primary and post primary level.

I hope this clarifies the issue for the Deputy.

Self-Harm Prevention

Questions (260)

James Browne

Question:

260. Deputy James Browne asked the Minister for Education and Skills the steps in place for schools to deal with incidents of self-harm among pupils; and if he will make a statement on the matter. [4516/18]

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Written answers

Minister for Education and Skills

My Department is strongly supportive of the promotion of positive mental health awareness in schools. The Department adopts a holistic and integrated approach to supporting the work of schools in promoting positive mental health and to supporting those with the broad range of problems, behavioural emotional and social.

The processes span the curriculum in schools, whole-school ethos, quality of teaching, learning and assessment, student support and pastoral care and the provision of professional development for teachers. It also involves other supports such as educational psychological services and guidance and counselling services, and the interface with other agencies, both nationally and locally. Schools also engage in a wide range of sport and cultural co-curricular activities which provide an important opportunity for students to experience success and personal growth.

Wellbeing Guidelines for Post-Primary (2013) and Primary Schools (2015) have been developed by my Department in collaboration with the Department of Health and the Health Service Executive. The guidelines are informed by consultation with key Education and Health partners and by the findings of research. They provide practical guidance to schools on how they can promote mental health and well-being in an integrated school-wide way and they also provide evidence-based advice on how to support young people who may be at risk.

The Guidelines build on the significant work already taking place in schools, including through the Social, Personal and Health Education (SPHE) curriculum, the whole-school guidance plan, the National Educational Psychological Service (NEPS) continuum of support model and the HSE, Health Promoting Schools process. Information is also provided on how to access support from the SPHE Support Service and other external agencies and support services. In addition Wellbeing Guidelines have been produced for the Junior Cycle Programme introduced in September 2017. This includes a focus on mental health promotion. Professional development is currently being provided for schools in anticipation of this.

A range of external resources and initiatives are available to assist schools, among others, in supporting various aspects of a positive mental health process or relating to suicide prevention and crisis intervention such as the example instanced by the Deputy in his question.

The guidelines advise that in the event of pupils presenting with mental health difficulties which are above and beyond the school's capacity and ability to support, school authorities should identify and access the referral pathways for the various primary and secondary healthcare services in their particular area. My Department's National Educational Psychological Service (NEPS) is available to advise schools on the matter. Referrals should, of course, be undertaken with Parental or Guardian consent and collaboration, except in an exceptional situation where there may be child protection issues.

In normal circumstances referral to the Child and Adolescent Mental Health Service (CAMHS) is made through the student's G.P.. I hope this clarifies the issue for the Deputy.

Pension Provisions

Questions (261)

Michael Noonan

Question:

261. Deputy Michael Noonan asked the Minister for Education and Skills if a person (details supplied) is eligible to purchase additional pensionable years; if so, the conditions or options for such purchase; if they purchase the additional years the estimated additional and pension entitlement of the pension if they retire at the end of 2018 or if they continue to work until their compulsory retirement date; and if he will make a statement on the matter. [4553/18]

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Written answers

Minister for Education and Skills

The person in question is a member of the staff of a primary school.

She is currently in pensionable service, however she has several years of earlier service which, while not pensionable when given, may reckon for pension purposes on payment of appropriate contributions at any time up to retirement. The amount of the contributions is determined based on salary rates applicable at the time of payment for the service.

Some years ago the person was provided with the then cost of purchasing the service. The Pension Unit of my Department will write directly to the person in the coming week to provide her with a revised quotation based on her current salary and will outline the options for payment which includes an option to make the payment at retirement by deduction from the retirement gratuity. In addition, an estimate of the pension and lump sum benefits that would be payable on retirement, in the event that she purchases the earlier service, will be provided.

Apart from the option to pay contributions to reckon the earlier worked service, the pension scheme provides for purchase of notional service at full actuarial cost to enhance the benefits payable at retirement. Where a scheme member will have between 20 year and 40 years pensionable service by age 65, s/he may purchase any amount up to the difference between potential service to age 65 and 40 years.

When the person received the quotation for the buying back the earlier non-pensionable service and considers her options in that regard, she may, if she wishes, in addition, opt to purchase notional service. At such time my Department will, on request, provide her with a notional service quotation. A quotation for the purchase of notional service may only be provided once the decision of the person as regards paying contributions for the earlier service is known. It is important to state that the cost of purchasing notional service is significantly more expensive than the cost of buying back the earlier non-pensionable service.

Equality Legislation

Questions (262)

Ruth Coppinger

Question:

262. Deputy Ruth Coppinger asked the Minister for Education and Skills further to Parliamentary Question Nos. 149 to 151, inclusive, of 14 November 2017, if he has received further clarity from the bodies involved regarding possible religious discrimination in a job interview. [4602/18]

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Written answers

Minister for Education and Skills

The Equality (Miscellaneous Provisions) Act 2015, which commenced on 1 January 2016, provided for certain changes in the exclusion of discrimination on particular grounds in certain employments (i.e. educational or medical institutions maintained, in whole or in part, by monies provided by the Oireachtas) by amending Section 37 of the Employment Equality Act, 1998.

The amended Section 37 imposes a higher burden of proof on relevant employers in that it obliges them to show that, for example, any favourable treatment of an employee or prospective employee is limited to the religion ground, that the treatment does not constitute discrimination on any of the other discriminatory grounds (gender, civil status, family status, sexual orientation, age, disability, race and membership of the Traveller community). More favourable treatment on the religion ground shall be taken to be discrimination unless by reason of the nature of the institution’s activities or the context in which the activities are being carried out, the religion or belief of the employee or prospective employee constitutes a genuine, legitimate and justified occupational requirement having regard to the institution’s ethos, that the action taken against a person must be objectively justified by reference to that institution’s aim of protecting its religious ethos and that the means of achieving that aim are appropriate and necessary.

My Department has received correspondence in relation to the matter raised by the Deputy. Whilst the interviews referred to in the correspondence took place prior to the commencement of the Equality (Miscellaneous Provisions) Act 2015 my Department takes these matters most seriously and has written again to the bodies involved seeking further clarity on the issues raised.

Emergency Works Scheme

Questions (263)

Thomas Pringle

Question:

263. Deputy Thomas Pringle asked the Minister for Education and Skills the status of an application for emergency works by a school (details supplied); when it will be granted; and if he will make a statement on the matter. [4608/18]

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Written answers

Minister for Education and Skills

The school referred to by Deputy submitted an application under my Department’s Emergency Works Scheme for car parking facilities and the reinstatement of a boundary wall. The provision of car parking facilities is outside the scope of the emergency works scheme. It is open to the school to apply for these works under any future Summer Works Scheme.

My Department is currently awaiting a revised emergency works application from the school for works to reinstate the boundary wall only.

Internet Safety

Questions (264)

Timmy Dooley

Question:

264. Deputy Timmy Dooley asked the Minister for Education and Skills the status of his Department's progress in implementing the recommendations of the Internet content governance advisory group. [4629/18]

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Written answers

Minister for Education and Skills

The recommendations of the Internet Content Governance Advisory Group (ICGAG) report have been fully implemented by my Department. Internet safety in schools is a key priority for my Department. There are extensive training and curricular supports and resources available to assist schools in the development of policies and practices on the prevention of bullying and harassment using the internet. Support is also available for parents through the Webwise Internet Safety Initiative and the National Parents Council.

The Department of Communications, Climate Action and Environment (DCCAE) has the lead role in co-ordinating Government Policy concerning internet content and in reporting on overall progress on the implementation of the recommendations of the Internet Content Governance Advisory Group (ICGAG) whose report was published in June 2014.

The Department of Education and Skills is represented on the Implementation Group that was subsequently established by DCCAE to implement the recommendations of the ICCAG.

Departmental Staff Retirements

Questions (265)

Peter Burke

Question:

265. Deputy Peter Burke asked the Minister for Education and Skills the number of persons at assistant principal level under the aegis of his Department due to retire in the next six months due to age in counties Galway, Mayo, Roscommon and Clare; and if he will make a statement on the matter. [4974/18]

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Written answers

Minister for Education and Skills

My Department has no officials at Assistant Principal Officer level assigned to offices in the counties mentioned by the Deputy.

Citizenship Applications

Questions (266, 267)

Carol Nolan

Question:

266. Deputy Carol Nolan asked the Minister for Justice and Equality his plans to reduce the fee for citizenship for all persons who have been ordinarily resident here for more than ten years and that are married to or a parent of a full Irish citizen. [4108/18]

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Carol Nolan

Question:

267. Deputy Carol Nolan asked the Minister for Justice and Equality if the fee for citizenship will be waived for holders of a means-tested medical card; and if he will make a statement on the matter. [4109/18]

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Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 266 and 267 together.

It is open to any individual who may wish to become an Irish citizen to lodge an application for citizenship through naturalisation if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie.

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation. The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons the certification fee is nil.

There is no provision in the Regulations for the discretionary waiver or reduction of fees based on length of residency in the State or in the circumstances as outlined by the Deputy. All of the fees payable under the Irish Nationality and Citizenship Act are kept under on-going review by my Department; however, there are no current plans to amend the fees.

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.

Data Protection

Questions (268)

Stephen Donnelly

Question:

268. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality his plans to provide information to businesses regarding data protection and the implications for data held by companies operating between Ireland and the United Kingdom in the event that the UK leaves the safe harbour framework in the context of Brexit; and if he will make a statement on the matter. [4445/18]

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Written answers

Minister for Justice and Equality

Under the EU's data protection framework, any country other than the EU and EEA Member States is deemed to be a "third country." Personal data can only be transferred to a third country when an adequate level of protection is guaranteed. The "safe harbour" framework referred to was an agreement between the EU and USA which has been subsequently replaced by the Privacy Shield.

The question of data protection is one of a number of cross cutting issues which are the subject of negotiations between the European Union and the UK in the context of the Brexit negotiations. The proposal for transitional arrangements to be part of the Withdrawal Agreement envisages that the status quo on Data Protection would be maintained for the period of transitional arrangements.

At this point it is not known what data protection arrangements will apply post the transitional arrangements. My Department is actively participating in cross Government preparations and stakeholder engagement in relation to UK exit, including the ongoing development of contingency planning.

The issue of data protection will continue to be an important cross-cutting issue in the EU's future relationship with the UK. In this context it is also relevant that the EU General Data Protection Regulation (GDPR) which will take effect from 25 May 2018, will transform data protection regulation in the EU, strengthening the data privacy rights of individuals and placing increased compliance and accountability on organisations. The UK have indicated that they will implement the GDPR and will be compliant with EU Data Protection requirements.

As the position with respect to data protection develops in the course of negotiations, more information will be available for businesses and others in this regard. To date, preparatory work undertaken by the Data Protection Commissioner has ensured that there is awareness of the GDPR through the publication of guidance materials, online media campaigns and proactive engagement with private and public sector organisations.

Family Reunification Applications

Questions (269, 270, 312, 313)

Mick Wallace

Question:

269. Deputy Mick Wallace asked the Minister for Justice and Equality the number of persons who arrived here as unaccompanied or separated children who had successful applications for family reunification in each of the years 2015 to 2017. [4665/18]

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Mick Wallace

Question:

270. Deputy Mick Wallace asked the Minister for Justice and Equality the number of persons that arrived here as unaccompanied or separated children that did not have successful applications for family reunification in each of the years 2015 to 2017. [4666/18]

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Clare Daly

Question:

312. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons that arrived here as unaccompanied or separated children that had successful applications for family reunification in each of the years 2015 to 2017. [4357/18]

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Clare Daly

Question:

313. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons that arrived here as unaccompanied or separated children that did not have successful applications for family reunification in each of the years 2015 to 2017. [4358/18]

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Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 269, 270, 312 and 313 together.

I am advised by the Irish Naturalisation and Immigration Service INIS) of my Department that statistics are not maintained in a way which identifies unaccompanied or separated children in family reunification application outcomes. As the Deputies will appreciate it would take a disproportionate amount of resources to manually compile the figures thus diverting staff from the core task of application processing.

However, I can say that all aspects of applications for family reunification are fully taken into account including the age and circumstances of the applicants seeking reunification of their families abroad.

I might mention that, in the interests of separated or unaccompanied minors who arrive in the State, Section 14 of the International Protection Act 2015 provides that, where it appears that a person seeking to make an application for international protection, or who is the subject of a preliminary interview, has not attained the age of 18 years and is not accompanied by an adult who is taking responsibility for the care and protection of the person, the Officer shall, as soon as practicable, notify the Child and Family Agency of that fact.

The Separated Children’s Unit in Tusla, the Child and Family Agency are responsible for the care and welfare of unaccompanied minors. They provide for the immediate and ongoing needs of separated children. The responsibilities of TUSLA include accommodation, medical and social needs.

Asylum Support Services

Questions (271, 272, 273, 277, 281, 282, 283, 284, 285, 286, 302, 303, 308, 309)

View answer

Jim O'Callaghan

Question:

302. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if the interim right to work for asylum seekers that he proposes to introduce prior to the State's opt-in to the EU reception directive is consistent with the decision of the Supreme Court delivered in May 2017 on the constitutional right of asylum seekers to seek asylum. [4195/18]

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Jim O'Callaghan

Question:

303. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he is satisfied that the use of the Employment Permits Act 2003 (as amended) to facilitate asylum seekers in seeking work prior to Ireland opting into the EU reception directive is consistent with the decision of the Supreme Court in May 2017 that asylum seekers have a freedom to seek employment under the Constitution which can be subject to restrictions by the Oireachtas, but not by the Minister. [4196/18]

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Thomas Pringle

Question:

308. Deputy Thomas Pringle asked the Minister for Justice and Equality the implications of the interim scenario for opting in to the Recast Reception Conditions Directive (2013/33/EU) for asylum seekers applying for a work permit; if his attention has been drawn to the restrictive and exclusionary nature of the list of highly skilled and ineligible categories that applies to work permit applicants; and if he will make a statement on the matter. [4268/18]

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Thomas Pringle

Question:

309. Deputy Thomas Pringle asked the Minister for Justice and Equality his plans to ensure that the interim measure introduced until Ireland fully opts in to the Recast Reception Conditions Directive (2013/33/EU) will not become the permanent provision for asylum seekers accessing employment in view of the fact that the criteria is restrictive and exclusionary; the details of the permanent provisions for the types of work asylum seekers will be eligible for; the salary constraints; if these will be applied in a balanced and effective approach; and if he will make a statement on the matter. [4269/18]

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Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 271 to 273, inclusive, 277, 281 to 286, inclusive, 302, 303, 308 and 309 together.

During the course of the debate in the Joint Oireachtas Committee on Justice & Equality, and last week in the Seanad and the Dáil I outlined the proposal and rationale for opting into the EU (recast) Reception Conditions Directive under the terms of Protocol 21, annexed to the EU Treaties. I also outlined the process involved with the EU Commission which will take four months to complete as well as the need for interim arrangements between 9th of February and the completion of the opt-in process in order to comply with the decision of the Supreme Court of 30th November last. I am pleased that the Oireachtas has approved the decision of the Government to opt-in thus enabling formal discussions to commence with the EU Commission – a process which as I have said is expected to take 4 months to complete.

The interim arrangements for the short period prior to opt-in will enable those seeking international protection to access the labour market through the Employment Permits Acts 2003- 2014. The same rules as currently applies to any non-EEA national seeking access to the labour place will apply to those seeking international protection. I might add that generally, any fees accompanying such access is paid by the employer. In addition, I have decided to use my discretionary powers to introduce, on an administrative basis, for applicants who are 9 months or more without a first instance recommendation to allow access to self-employment for eligible applicants. The full details of this administrative scheme are currently being finalised and will be published prior to the 9th February. Any persons entering the workforce are subject to Irish employment laws and International Protection applicants will be no different in this regard.

As outlined, these are interim measures until the opt-in process is complete. Once this happens, access to the labour market will be underpinned by EU law. The implementation group, chaired by my Department and with representatives from all relevant Departments and Agencies, is currently working through the details, which will include less restrictive access to different categories of work than the employment permits regime which will apply in the interim period. Widening access to the labour market is a complex issue needing to take account of a range of factors such as maintaining the integrity of the Common Travel Area, potential impacts of Brexit and any impacts on the existing employment permits regime for non-EEA nationals. These considerations will be balanced with meeting the Directive’s requirement of granting effective access to the labour market, being cognisant of current labour market shortages, the skill set of applicants and employment opportunities available in both urban and rural communities. The arrangements will be subject to review.

The group will also be engaged with the European Commission to ensure compliance with each aspect of the Directive – a process that could only formally commence once the Oireachtas approved the opt-in on 23rd January and the Commission and European Council have been formally notified. It must be stressed that the Directive covers a number of areas other than labour market access, including important provisions in relation to children’s rights - including for unaccompanied minors, healthcare and education provision. The Directive also defines the required material reception conditions for applicants, which includes housing, food, clothing and a daily expenses allowance. Compliance with all of these aspects will be discussed in detail with the EU Commission in the coming period.

Participation in the Directive will, for the first time, place the provision of these material reception conditions for applicants, which are currently provided for under the executive system of Direct Provision, on a statutory basis, underpinned by EU law.

Opting into this Directive will align that process fully with EU norms and standards. This is an important and major development and one which has been requested by a number of NGOs.

Asylum Applications

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Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 274 to 276, inclusive, together.

As the Deputy will be aware, the International Protection Act 2015 was commenced on 31 December 2016. Every effort is being made to process applications efficiently and in a timely manner, in the context of implementing new processes and procedures and dealing with the transitional arrangements under the new Act. Added to this is the demand led nature of applications which has meant a specific processing time limit has not been set by Government as suggested by the Deputy. However, the objective remains that the single application procedure will lead to improvements in case processing times and more timely outcomes for applicants, and work continues towards that objective.

The 2015 Act introduced a single procedure that enables all grounds for seeking international protection (refugee status and subsidiary protection) or permission to remain in the State for other reasons to be examined and determined in one process.

At the end of 2017, there were some 5,100 applications awaiting processing in the International Protection Office (IPO). Some 2,800 of these applications were made before the commencement of the 2015 Act but were not finalised by the former Office of the Refugee Applications Commissioner (ORAC) and the former Refugee Appeals Tribunal (RAT) by that date. These applications reverted to be processed by the IPO under the transitional provisions of the 2015 Act. Various categories of cases reverted to the IPO including asylum appeals transferred from the former Refugee Appeals Tribunal and asylum and subsidiary protection cases transferred from the former ORAC. This has added significantly to the IPO’s caseload, but has freed up the restructured and resourced Appeals Tribunal process considerably.

Considerable efforts were required by the IPO in getting the new single procedure processes up and running in the first part of 2017. Notwithstanding, in a consequential shorter processing year, the IPO scheduled over 2,400 single procedure interviews (including in respect of EU relocation cases) once the process was up and running in 2017. Some 1,780 recommendations/decisions in respect of international protection and permission to remain have also been made by the IPO. This includes some 750 recommendations in respect of the grant of international protection.

In relation to the scheduling of interviews and the processing of cases in the IPO, I am also advised that the prioritisation of international protection applications is provided for in the International Protection Act 2015 subject to the need for fairness and efficiency. When the Application for International Protection Questionnaire (IPO 2) and other supporting documentation is returned by applicants, the IPO is scheduling applications for interview primarily on the basis of date of application (oldest cases first). However, certain categories of applicant are also being prioritised such as those who arrive under the Irish refugee Protection Programme (IRPP), from refugee generating countries (such as Syria) and unaccompanied minors. The IPO’s approach to prioritisation has been agreed with the UNHCR, explained to NGOs at the IPO Customer Service Panel and is available on its website: www.ipo.gov.ie .

In respect of a non-prioritised application for International Protection made today, it is estimated it will take approximately 19 months to the date of the interview. Prioritised cases can expect to be scheduled more quickly for interview and most cases under the IRPP are being processed in 8-12 weeks. At the present time, it is not possible to calculate an accurate current median processing time for international protection applications due to the different case types on hands, which were returned to the IPO under the transitional provisions in the 2015 Act.

Considerable additional resources have and are being allocated to the IPO to assist it in undertaking its statutory functions with a view to processing the volume of cases on hands as soon as possible. In 2017, 55 additional staff were assigned to the IPO. The current staffing complement in that office is now 139.9 (as at 19/1/18). In addition, there are some 50 serving members of the IPO’s Legal Processing Panel. The resources assigned to the IPO are being kept under ongoing review as the State cannot predict how many people will present on our shores seeking international protection. During last year there was a twenty per cent increase in spontaneous (i.e. excluding relocation and resettlement) applications for International Protection, which has put increased pressure on the system. Additional resources will be allocated as these become available so that the caseload on hand, both those preceding the commencement of the International Protection Act 2015 and the increased volume of new applications are dealt with as quickly as possible and waiting times for those applying for international protection are reduced to the greatest possible extent.