Thursday, 15 Feb 2018

Written Answers Nos. 141-149

Apprenticeship Programmes

Questions (141)

Niall Collins

Question:

141. Deputy Niall Collins asked the Minister for Education and Skills his views on whether it is proportionate on small scale micro-sized businesses and employers compared to large companies regarding remuneration obligations for the off-the-job element of craft based apprenticeships as set out in correspondence (details supplied); and the number of weeks for the off-the-job element regarding remuneration obligations in each year of a four year craft and consortia led apprenticeship. [7983/18]

Written answers

Minister of State at the Department of Education and Skills

As the Deputy is aware, apprentices undertaking one of our craft apprenticeships are paid a training allowance, equivalent to their net take home pay on the job, by their local Education and Training Board (ETB) while attending their off-the-job training phases. During their on-the-job training they are paid a salary by a SOLAS approved employer. Craft apprenticeships are generally four years in duration and consist of seven training phases, three phases off-the-job in an educational institution and four phases on-the-job with an approved SOLAS employer.  The off-the-job training phases can vary slightly depending on the apprenticeship, however, are generally up to 20 weeks during phase 2 and 10-11 weeks during phases 4 and 6. 

Apprentices undertaking one of the recently developed consortia led apprenticeships are paid a salary by a SOLAS approved employer for the duration of their apprenticeship.  However, unlike the craft apprenticeships, these new apprenticeships are more flexible both in terms of the delivery of the off the job training and also in their duration, ranging from two to four years.

 

Immigration Policy

Questions (142)

Jan O'Sullivan

Question:

142. Deputy Jan O'Sullivan asked the Minister for Justice and Equality if there are exceptions to the restrictions on Libyan nationals applying for visas to allow parents of Libyans legally living here to visit; and if he will make a statement on the matter. [7898/18]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that certain restrictions on consideration of Irish visa applications from residents of Libya have been in place since August, 2014 due to the political and security situation in Libya. All relevant considerations including the ongoing security situation in Libya and the potential economic impact of the restrictions were taken into account when these restrictions were applied.

There is provision for a small number of exceptions relating to the beef industry where applications may be accepted from persons who are known to and sponsored by the Department of Agriculture, Food and the Marine and/or An Bord Bia and who have a good travel history to Ireland, the UK or the Schengen countries. Certain applications in relation to the oil industry and which are supported by the internationally recognised Government in Libya are also considered.

The position has been kept under review by my Department. Ultimately, an appropriate balance must be struck between State security and individual applicants who wish to come here.

Taking all this into account, I recently decided that the existing approach and restrictions should continue in place for a further six month period. The position however continues to be kept under review, and I have asked my officials to consider whether there is any scope to extend the categories of applicants who may be considered for visa processing.

Parental Leave

Questions (143)

Noel Grealish

Question:

143. Deputy Noel Grealish asked the Minister for Justice and Equality when he plans to increase parental leave from 18 to 26 weeks; his further plans to increase the age of the qualifying child from eight to 12 years of age with this increase in entitlement; and if he will make a statement on the matter. [8044/18]

Written answers

Minister of State at the Department of Justice and Equality

As the Deputy will be aware, the Programme for Partnership Government includes a commitment to increase paid parental leave during the first year of a child’s life, as research shows that parental care is of particular importance in the first year of life. To further this commitment, the Government has established an interdepartmental working group to develop proposals to give effect to the Programme commitments. The key objectives of this group are to:

- Develop options as to the duration of the leave, the age of the eligible child, and the level of payment to be offered;

- Determine the usefulness of adopting a phased approach;

- Estimate the likely costs arising; and

- Align any proposals as much as possible with a European Commission Proposal for a Directive on work-life balance for parents and carers.

The group is currently working on a policy approach and I expect it to report with its proposals at the end of April.

The move to introduce a paid parental leave entitlement is also in keeping with the policy approach put forward by the European Commission's proposal for a work-life balance directive, which is currently under discussion at working group level under the Bulgarian Presidency of the EU.

The specific objectives of the Directive are:

- To improve access to work-life balance arrangements and;

- To increase take-up of family-related leaves and flexible working arrangements by men.

The Directive’s key proposal is that parental leave should be made available to parents on a paid basis. This approach recognises that the provision of paid parental leave will be more effective and more appropriate in terms of encouraging fathers to share the caring role for their children. All the evidence shows that in parenting, what is best for children is the involvement of their fathers, in addition to their mothers, in their practical care and day to day lives.

Given that discussions are on-going at EU level and the interdepartmental working group is not due to present its proposals until later this year, the Deputy will appreciate that it would be premature at this point to signify a precise timeframe for introducing any significant changes.

The Deputy will also be aware that Deputies Roisin Shortall and Catherine Murphy have proposed a Private Members Bill, entitled Parental Leave (Amendment) Bill 2017, which provides for the extension of the existing entitlement to parental leave from 18 weeks leave to 26 weeks leave. The Government decided not to oppose this Bill at Second Stage, which took place on 8 February 2018.

I advised the House that I was available to discuss the proposal contained in the Bill with the sponsoring deputies. The Bill has been referred to the Select Committee on Justice and Equality and I have strongly suggested that the Joint Committee on Justice and Equality carry out a comprehensive legislative scrutiny on the Bill and on related issues in order to inform the debate and to allow interested stakeholders, groups and individuals to make submissions and to input to the legislative process. I look forward to engaging in future discussions on the Bill in the context of the work that is ongoing in relation to expanding paid support to parents. I have no current plans to increase the age of the qualifying child for parental leave from eight to 12 years of age, but this is an issue that can be explored within the context of the broader discussions on parental leave, and also in terms of the Family Leave Bill, which will consolidate and update family leave legislation.

Deportation Orders

Questions (144)

Bernard Durkan

Question:

144. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No.120 of 7 December 2017, the documentary evidence that will suffice in the case of a person (details supplied) to prove their spouse is not here; and if he will make a statement on the matter. [7820/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the spouse of the person referred to is the subject of a valid Deportation Order made on 20 June 2002. The Deputy might wish to note that persons subject of a Deportation Order are obliged to remove themselves from the State and to remain out of the State.

Representations were received, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following the detailed consideration of the information submitted in support of the request, including all representations made around family reunification, the Deportation Order was affirmed on 9 November 2017. If, as is claimed, the relevant party is already outside the State, then clearly the presentation requirement referred to in the Deputy's Question does not apply. However, it would be very helpful if this position could be supported by documentary evidence so that the relevant INIS and Garda National Immigration Bureau records can be updated. This documentary evidence should include official documentation which supports the claim that this individual is no longer in the State and copies of stamps in his passport indicating that he has entered another jurisdiction.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of 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 from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Questions (145)

Éamon Ó Cuív

Question:

145. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the reason applications for citizenship are taking up to 12 months or longer to process in view of the commitments given by his Department that the processing time for such applications would be reduced to six months; and if he will make a statement on the matter. [7847/18]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.  All applications are examined to determine if the applicant meets the statutory conditions for naturalisation set out in the Irish Nationality and Citizenship Act 1956, as amended, such as good character and lawful residence.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases may take longer than others to process.  In some instances, completing the necessary checks may take a considerable period of time.

Cases where delays in processing can arise can often be due to further documentation being required from the applicant, or payment of the required certificate fee is awaited, or the applicant has not been engaging with the office.  In some instances delays can arise at the final stage of the naturalisation process, for example where additional information comes to light which requires to be considered.  In other instances the applicant themselves may request that a hold be put on their application, for example where they may have returned to their country of origin for a prolonged period, to facilitate them in making arrangements to return to reside in the State, or where they have difficulty in obtaining satisfactory evidence of their identity or nationality.

The Irish Naturalisation and Immigration Service (INIS) of my Department has a dedicated phone helpline and email helpdesk available for all applicants interested in the progress of their application, details of which are available on the INIS website at www.inis.gov.ie.

Work Permits Eligibility

Questions (146)

Jan O'Sullivan

Question:

146. Deputy Jan O'Sullivan asked the Minister for Justice and Equality if there is a mechanism by which a person on a stamp 2 student visa can apply for a work permit when they have completed their studies; and if he will make a statement on the matter. [7872/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a non-EEA student may be entitled to apply for a one year permission under the rules of the Third Level Graduate Programme having completed their studies in the State. The Third Level Graduate Programme Immigration Rules and qualifying criteria can be found at www.inis.gov.ie.

The intention of the programme is to allow legally resident Irish educated non-EEA graduates to remain in Ireland after their studies for the purpose of seeking an Employment Permit.

The issuing of Employment Permits is a matter for the Department of Business, Enterprise and Innovation. Further information is available at: www.dbei.gov.ie.

Independent Review Mechanism

Questions (147)

Clare Daly

Question:

147. Deputy Clare Daly asked the Minister for Justice and Equality if he is satisfied with progress relating to the statutory inquiries underway following the IRM process; and his views on the budget and timescale for same. [7880/18]

Written answers

Minister for Justice and Equality

The Deputy refers to five statutory inquiries established under Orders made by my predecessor on 15 May 2017. These Orders appointed a separate retired judge to conduct each Inquiry.

The Deputy will appreciate that each Inquiry is different in terms of scope and volume of documentation. While each of them was requested to report within six months, it has not proved possible to complete the inquiries within that timeframe. I have recently received update reports from each of the judges concerned regarding the progress of their respective Inquiries.

Arising from those progress reports, I recently granted extensions to the timescales of each Inquiry. I believe that it is in the interests of all involved that the inquiries be given sufficient time to examine and report on the issues in question. I now expect to receive the first of these final reports by 31 March 2018.

I believe that the resources available to these Inquiries will be sufficient to enable them to complete this work.

Independent Review Mechanism

Questions (148)

Clare Daly

Question:

148. Deputy Clare Daly asked the Minister for Justice and Equality if he is satisfied with the terms of reference in relation to the statutory inquiries into four deaths, following the IRM process; and his plans to amend those terms in view of concerns by some persons and the lack of clarity regarding whether recommendations will be referred to him for consideration and action following their conclusion. [7881/18]

Written answers

Minister for Justice and Equality

The Deputy refers to cases which were the subject of review by the Independent Review Mechanism (IRM). In each of the four cases referred to by the Deputy, counsel of the IRM recommended that an inquiry be established to examine issues raised.

As was outlined to the Deputy in response to Question 83 of 12 July 2017, Orders establishing these inquiries under Section 42 of the Garda Síochána Act 2005 were signed by my predecessor on 15 May 2017. In each case, the Order sets out the issue to be inquired into, its terms of reference and the name of the person appointed to conduct it.

The terms of reference are in line with the recommendations of IRM counsel and are in accordance with provisions of the above-mentioned Section 42. They were also the subject of consultation with the Office of the Attorney General and the Policing Authority. I am satisfied that these terms of reference are both appropriate and sufficient to allow the judges to conduct these inquiries thoroughly.

The Orders also prescribe that a report is to be made to me at the conclusion of each Inquiry. At the time of establishment of these inquiries, a timeframe of six months was set out for the submission of final reports to me. In interim reports provided to me by the judges, it was made clear that completion within that six month timeframe has not been possible. I have therefore granted appropriate extensions of time for each inquiry. I will review the contents of each report once it is to hand and consider whether any further action is warranted.

Mortgage Resolution Processes

Questions (149)

Catherine Connolly

Question:

149. Deputy Catherine Connolly asked the Minister for Justice and Equality further to Parliamentary Question No. 170 of 1 February 2018, the details of the 10,000 advice and assistance services provided to distressed borrowers up to mid-January 2018 by the Abhaile scheme in terms of court circuits, numbers of vouchers provided to solicitors and the average value of the vouchers; and if he will make a statement on the matter. [7887/18]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, Abhaile is the Government's national Mortgage Arrears Resolution Service. It provides insolvent borrowers who are at risk of losing their home with a range of free expert services and supports, including professional legal and financial advice and assistance, to help them identify and put in place solutions to their arrears, and wherever possible, to remain in their homes. 

Up to 19th of January 2018, Abhaile issued 7,983 vouchers for free professional financial advice and assistance from a personal insolvency practitioner, and 2,177 vouchers for free legal advice and assistance from a solicitor. A substantial number of other borrowers were assisted under other free Abhaile services, including those receiving financial advice and assistance from Dedicated Mortgage Arrears Advisers working with MABS (the Money Advice and Budgeting Service), or helped by duty solicitors, or by MABS court mentors, in connection with repossession proceedings.

The legal advice and assistance services provided under Abhaile to distressed borrowers consist of three elements:

- A solicitor consultation service, which provides a single legal advice consultation to provide the borrower with independent legal advice on the borrower’s best options for sustainable resolution of the mortgage arrears on their home;

- A duty solicitor service, which provides advice and assistance at county registrars’ courts to unrepresented borrowers who are defendants in repossession proceedings against their homes;

- A legal aid service for personal insolvency court reviews, which provides legal aid in connection with proceedings under section 115A of the Personal Insolvency Acts (i.e, where a borrower wishes to seek a court review in circumstances where the creditors have rejected a proposal for a PIA).

It is understood that the Deputy’s query relates to the consultation solicitor and duty solicitor services.

The solicitor consultation service

As at 19 January 2018, 2,177 borrowers had been issued legal advice vouchers under Abhaile. This voucher entitles the person to a free legal advice consultation with a solicitor. The service provided by the solicitor entails:

- arranging a consultation with the borrower and taking instructions;

- checking the borrower’s legal position, explaining it clearly to the borrower and answering his or her questions;

- advising the borrower on any related legal complications (for example, where a co-borrower is not cooperating in efforts to resolve the mortgage arrears);

- advising the borrower on any legal aspects of possible solutions, including solutions arising from financial advice and assistance provided under Abhaile;

- if the borrower is facing repossession proceedings, assessing whether the borrower appears to have a valid legal defence to those proceedings;

- explaining how to apply for civil legal aid to defend the proceedings, if the borrower appears to have a defence to repossession satisfying the merits criteria under sections 24 and 28 of the Civil Legal Aid Act 1995;

- if the borrower does not have a legal defence, informing the borrower about the Duty Solicitor Service available under Abhaile,

- providing to the borrower, in writing, the legal advice given at the consultation(s), and providing a copy of that written advice to the borrower’s Abhaile financial adviser.

A fixed fee of €250 plus VAT is payable to the solicitor under Abhaile for providing the above service. There is no fee payable by the borrower.

In certain circumstances, the Legal Aid Board may, on application from the solicitor, grant the solicitor authority to continue to provide legal advice to the borrower, in the form of negotiating and concluding a solution with the mortgage lender. In that case the solicitor will also hold a final consultation with the borrower and again confirm that advice in writing. In such circumstances an additional fee of €200+VAT is payable to the solicitor and again there is no fee payable by the borrower.

It should be noted that the solicitor consultation service is an “advice only” service.  It does not provide legal aid in connection with court proceedings, and it is not necessary that court proceedings have been issued before a person can avail of the service. For this reason, statistics on this service do not refer to court circuits.

The duty solicitor service

The duty solicitor service provides limited assistance in the County Registrars’ courts to unrepresented defendants facing repossession proceedings against their homes. The service consists of providing advice and assistance to the borrower at the Courthouse, and includes:

- explaining clearly to the borrower their legal position regarding the repossession proceedings;

- answering his or her questions;

- speaking on the borrower’s behalf in Court;

- seeking an adjournment and/or settlement of the proceedings in favour of the borrower.

The Duty Solicitor service does not require a voucher. The borrower does not have to have already seen an Abhaile adviser: it may assist if they have, as the duty solicitor can be provided in advance with a copy of the consultation solicitor's written legal advice. In practice, most borrowers helped by a Duty Solicitor have not previously sought legal advice - however, the Duty Solicitor or the MABS Court Mentor present at court can refer them for further help under Abhaile.

The figures that follow show the number of sittings in each Circuit Court circuit for which a duty solicitor has been, or is scheduled to be, provided, in the period between September 2016 and the end of March 2018 (end of the current Courts term).

Circuit	No of court dates
Dublin	122
Cork	58
Eastern	113
Midland	156
Northern	84
South  Eastern	185
South  Western	80
Western	37
Total	835

Under Abhaile, a duty solicitor is rostered to attend court on a date when the County Registrar is scheduled to deal with repossession cases, and is then available to assist unrepresented borrowers attending that sitting. The duty solicitor is paid a fixed fee of €250+VAT for attending a half day sitting and €350+VAT for attending a full day sitting, irrespective of the number of borrowers assisted. (The overwhelming majority of duty solicitor services are paid at the half day rate). There is no fee payable by the borrower.

Comprehensive figures are not available for all borrowers helped by Duty Solicitors under Abhaile. However, at least 3,340 unrepresented borrowers have been assisted by duty solicitors at repossession court lists around the country to date.