Thursday, 8 Nov 2018

Written Answers Nos. 80-104

School Funding

Questions (80)

Brendan Griffin

Question:

80. Deputy Brendan Griffin asked the Minister for Education and Skills his views on a matter (details supplied); and if he will make a statement on the matter. [46297/18]

Written answers

Minister for Education and Skills

Funding for all primary schools in the free education scheme is dealt with on a per capita basis.

The two main grants are the capitation grant to cater for day to day running costs such as heating, lighting, cleaning, insurance, general up-keep etc., and the ancillary services grant to cater for the cost of employing ancillary services staff.

The school referred to by the Deputy received €110,416 in respect of capitation funding in 2018, €74,770 for Capitation and €35,646 for Ancillary Services. In addition to these grants the salaries in respect of two Secretaries have been paid directly by my Department under the 1978/79 scheme, one of which will continue for 2019.

Schools are permitted to regard the capitation and ancillary services grants as a combined grant and Boards of Management have autonomy on how they use and prioritise this funding to meet their day to day running costs, including for the provision of secretarial and caretaker services.

There is no provision for additional payments outside of those outlined above.

Skills Development

Questions (81)

Catherine Murphy

Question:

81. Deputy Catherine Murphy asked the Minister for Education and Skills the amount granted on street and online betting companies via the Skillnet scheme since Skillnet Ireland was founded; the betting companies that were successful in their grant application; the details of the headings for which the funds were granted to the companies; and if he will make a statement on the matter. [46301/18]

Written answers

Minister of State at the Department of Education and Skills

I can inform the Deputy that Skillnet Ireland awards funding to enterprise groups (known as Skillnet learning networks) as part of the Skillnet Training Networks Programme. Skillnet Ireland does not directly provide funding to individual companies. Similarly, companies do not apply for grants from Skillnet learning network, but can apply to participate in relevant and subsidised training programmes undertaken by the Skillnet learning network.

All private sector companies, including on street and on-line betting companies are eligible to participate in Skillnet learning networks in order to access general upskilling opportunities for their staff. These upskilling opportunities serve to support the competitiveness of businesses , and the sustainability and growth of employment. On street and on-line betting companies may have participated in Skillnet subsidised training with some of the regionally based Skillnet learning networks but this would not have been specific training for that industry.

Skillnet Ireland have previously provided funding to a learning network promoted by the Gaming and Leisure Association of Ireland during the period 2014 – 2017. This learning network was called the Gaming & Leisure Skillnet. Whilst the network was promoted by the Gaming and Leisure Association of Ireland, its activities were focussed predominantly on the Leisure, Sports and Hospitality sectors. Of the network’s 874 active member companies, 4.8% were on street and on-line betting companies (in terms average annual participation with the Skillnet). This learning network has now ceased.

Educational Organisations

Questions (82)

Catherine Murphy

Question:

82. Deputy Catherine Murphy asked the Minister for Education and Skills the amount outstanding that Skillnet Ireland is trying to recover for non-compliance with the way in which grants are to be used by successful applicants; if Skillnet Ireland is engaged in a legal action to try to recover unauthorised use of grants; and if he will make a statement on the matter. [46302/18]

Written answers

Minister of State at the Department of Education and Skills

I wish to inform the Deputy that on an annual basis, as part of its normal internal control procedure’s, Skillnet Ireland recovers any outstanding refunds due to it from the Learning Networks that it funds. Typically recoveries relate to underspends on behalf of the Learning Networks for the given financial period, as opposed to compliance-related recoveries. I am informed that Skillnet Ireland is not currently engaged in any legal action to recover unauthorised use of grants.

Mobile Telephony Use

Questions (83)

John Brassil

Question:

83. Deputy John Brassil asked the Minister for Education and Skills his plans to effect a new circular to ban the presence and use of mobile phones by students in all national schools; and if he will make a statement on the matter. [46327/18]

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.

Earlier this year, my predecessor, Minister Bruton, issued a circular to all schools requiring them to consult with parents and the school community on the use of smart phones and digital devices in schools. This requirement will be underpinned in law once the Parents and Students Charter is enacted. This bottom-up approach will ensure all parents, teachers and school communities are satisfied with the smart phone policy in place in their school. It will also mean that parents will be able to adopt a complementary approach at home to that which is in place in their child's school, if they wish to do so.

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.

Springboard Programme

Questions (84)

Billy Kelleher

Question:

84. Deputy Billy Kelleher asked the Minister for Education and Skills the criteria for entry requirements to access Springboard+ courses; if there are courses specifically aimed at persons who are underemployed; the courses available for lifelong learning programmes; and the specific courses targeting skills shortages in sectors. [46380/18]

Written answers

Minister for Education and Skills

Under Springboard+ 2018, the eligibility criteria for Springboard+ has been extended so that all courses will be open to people irrespective of their employment status. Returners and those in receipt of certain allowances, including Jobseekers Benefit, will continue to be able to access courses free of charge. Level 6 courses will remain free to all participants and for employed participants on courses NFQ level 7 – 9, 90% of the course fee will be funded by the Government, with participants required to contribute just 10% of the fee.

Springboard+ 2018 is providing over 8,000 places on 245 courses in public and private educational institutions throughout Ireland. All courses selected for funding are in areas of identified enterprise skills needs and were selected, following a competitive call for proposals, by an independent evaluation panel using published criteria that included value for money, flexible delivery, engagement with industry and skills relevance. Springboard+ plays a key role in supporting lifelong learning and gives people who have been out of the workforce an opportunity to reskill or upskill to develop job-specific skills to enable them to return to employment.

Skills Development

Questions (85)

Billy Kelleher

Question:

85. Deputy Billy Kelleher asked the Minister for Education and Skills the participation rate in lifelong learning in each of the years 2014 to 2017 and to date in 2018; the EU average rate for same based on latest data in tabular form; and if he will make a statement on the matter. [46381/18]

Written answers

Minister for Education and Skills

Adults (%) who had engaged in lifelong learning in the preceding 4 weeks

GEO/TIME	2014	2015	2016	2017
EU 28	10.8	10.7	10.8	10.9
Ireland	6.8	6.3	6.2	8.9*

Source: Eurostat

*Break in series due to change from CSO Quarterly National Household Survey to CSO Labour Force Survey; data before and after this point is not comparable

The latest comparable (EU 28 vs Ireland) data is the annual average for 2017. An update on the quarterly data is expected to be available from Quarter 2 2018.

My Department has set ambitious lifelong learning target participation rates under the National Skill Strategy 2025, including participation rates of 10% by 2020 and 15% by 2025.

Targeted policy initiatives such as the Regional Skills Fora, EXPLORE, Skills to Advance, Skills for Growth and Springboard + are amongst a number of measures developed by my Department aimed at improving lifelong learning participation rates, particularly amongst older workers already in employment. In addition, the National Skills Council have recently identified lifelong learning as a key strategic priority across the education and training system.

National Digital Strategy

Questions (86, 87)

Billy Kelleher

Question:

86. Deputy Billy Kelleher asked the Minister for Education and Skills the percentage of persons in the labour force who have basic or above basic digital skills based on the latest available data; the corresponding EU average rate for same; and if he will make a statement on the matter. [46382/18]

Billy Kelleher

Question:

87. Deputy Billy Kelleher asked the Minister for Education and Skills the percentage of persons in employment that have basic or above basic digital skills based on the latest available data; the corresponding EU average rate in relation to same; and if he will make a statement on the matter. [46383/18]

Written answers

Minister of State at the Department of Education and Skills

I propose to take Questions Nos. 86 and 87 together.

The Irish Government recognises the importance of digital literacy in facilitating the full inclusion of all members of our society. The Action Plan for Jobs 2018 contains a commitment to develop a high level National Digital Strategy, to provide a coherent vision across sectorial policies to position Ireland to maximise economic and societal benefits from digitalisation.

A range of actions are in place across the education and training system to support the acquisition of enhanced digital skills and to increase the use of digital technologies in teaching and learning. These build on actions on digital skills set out in the National Skills Strategy 2025.

In 2015, my Department published the Digital Strategy for Schools 2015-2020 which includes a range of relevant actions that will support the development of digital skills both directly through specific curriculum content and through technology enhanced learning across the curriculum.

Within the Higher Education sector, a number of actions are included to implement the Roadmap for Enhancement in a Digital World 2015-2017 aimed at supporting the development and embedding of digital capacity in teaching and learning activities and developing consistent digital experiences for learners.

There are considerable changes occurring within the Further Education Sector (FET) to improve the existing capacity in the area of digital inclusion and the provision of digital skills in FET. The Technology Enhanced Learning (TEL) in Further Education and Training 2016 – 2019 Strategy will build on existing capacity and good practice in TEL to expand access to and continuously improve and innovate FET provision.

A range of programmes are provided within ETBs for individuals who wish to develop their digital literacy. Basic ICT tuition is integrated within adult literacy and numeracy provision. Opportunities for basic skills provision is offered through a variety of providers via a broad range of ETB FET provision delivered in adult education centres, community education settings and training centres. Delivery of these programmes is designed to meet the needs of participants' personal and career goals and are offered on a full and part-time basis. These courses are supported through the funding provided to the Adult Literacy Programme, Bridging & Foundation Training, Local Training Initiatives, Community Education, Youthreach and the BTEI (Back to Education Initiative). Some of these programmes combine transversal skills such as literacy, numeracy, digital skills, communications and teamworking with specific occupational skills.

My Department also recently launched a new policy framework for employee development, 'Skills to Advance' , which was developed by SOLAS in consultation with key partners. This new approach will enable targeted support for vulnerable groups in the Irish workforce as it has a particular focus on employees those who have lower skills levels and who need more opportunities to advance in their working lives and careers, to sustain their employment and to avoid displacement or to avail of emerging job opportunities. The policy sets a target of having over 40,000 workers, whose skills level is below Level 5 on the National Framework of Qualifications (NFQ), engaged in state supported skills development by 2021. It should be noted that while the NFQ is not a digital literacy scale but a qualifications framework, I am committed to addressing digital literacy issues amongst those whose highest level of qualification is below Level 5, including through achieving certification for their learning. Participation by employees in relevant courses will be provided free of charge.

This new initiative is also a significant part of our national efforts to implement the European Commission's Upskilling Pathways Recommendation: New Opportunities for Adults, as almost half of those with less than an upper secondary qualification are in employment. My Department has been working with partners on the implementation of the recommendation – which aims to help adults with less than upper second level education acquire a minimum level of literacy, numeracy and digital skills. My Department has established a multi–agency steering group to identify the priority cohorts and appropriate measures to implement the recommendation. This informed my Department's recent response to a request from the Commission for information regarding arrangements in Ireland on upskilling pathways interventions. The response presented the overall context for Upskilling Pathways in Ireland, including key background information that the Commission would find useful, as well as information on existing and planned provision. The Commission are conducting an audit of interventions across Member States and hope to report back on their findings by the end of the year.

Please find the following tables with details of the percentage of persons in employment, and persons in the labour force, with basic or above basic digital skills in Ireland and the EU for 2016 and 2017.

Percentages of persons in employment and persons in labour force with basic or above basic digital Skills in Ireland and the EU

Table 1. Persons (%) in employment* with basic or above basic digital skills in Ireland and the EU

GEO/TIME		2016
European Union (28)	66	67
Ireland	53	57

Source: Eurostat

In employment refers to those who are employees, self-employed or family workers

Table 2. Persons (%) in the labour force (employed and unemployed) with basic or above basic digital skills in Ireland and the EU

GEO/TIME		2017
European Union (28)	63	65
Ireland	50	55

Source: Eurostat

Apprenticeship Data

Questions (88)

Billy Kelleher

Question:

88. Deputy Billy Kelleher asked the Minister for Education and Skills the number of new consortia led apprenticeship programmes forecasted under the action plan to expand apprenticeship and traineeship in Ireland in each of the years 2016 to 2020; and the numbers realised (details supplied) for these targets in 2016, 2017 and to date in 2018 for these new consortia led apprenticeship programmes in tabular form. [46388/18]

Written answers

Minister of State at the Department of Education and Skills

The information requested by the Deputy is set out on following table.

	2016	2017	2018	2019	2020
Number of New Apprenticeship Programmes Forecast (Cumulative)	2	15	25	35	40
Number of New Apprenticeship Programmes Realised (Cumulative)	2	9	17*	-	-

*as of end of October 2018

Student Grant Scheme Applications

Questions (89)

Bernard Durkan

Question:

89. Deputy Bernard J. Durkan asked the Minister for Education and Skills further to Parliamentary Question No. 64 of 11 October 2018, the basis on which a person (details supplied) has been assessed in respect of their higher education grant within income derived from their parents; and if he will make a statement on the matter. [46419/18]

Written answers

Minister for Education and Skills

Any queries regarding the basis of assessing an individual student's eligibility for a student grant should be made directly to SUSI, the grant awarding authority, who are responsible for the processing of student grant applications.

Enquiries may be emailed direct to SUSI at [e-mail]. Staff in SUSI are responding to email queries within a matter of days.

Student Grant Scheme Applications

Questions (90)

Bernard Durkan

Question:

90. Deputy Bernard J. Durkan asked the Minister for Education and Skills the status of an application for a higher education grant in the case of a person (details supplied); and if he will make a statement on the matter. [46424/18]

Written answers

Minister for Education and Skills

The central grant awarding authority Student Universal Support Ireland (SUSI), a business unit of the City of Dublin ETB, administer the Student Grant Scheme on behalf of my Department.

Enquiries regarding the status of an application on behalf of an individual applicant for a student grant should be made directly to SUSI.

Enquiries may be emailed directly to SUSI at [e-mail] . Staff in SUSI are responding to email queries within a matter of days.

Garda Station Opening Hours

Questions (91)

Darragh O'Brien

Question:

91. Deputy Darragh O'Brien asked the Minister for Justice and Equality if he will review the early closure time of Malahide Garda station with a view to extending the hours of operation to 24 hours to provide for the safety and protection of the local community; and if he will make a statement on the matter. [46203/18]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is primarily responsible for the effective and efficient use of resources available to An Garda Síochána. This includes operational matters such as the opening hours of Garda stations. As Minister, I have no role in relation to that matter.

I am informed by the Garda authorities that Malahide Garda Station, located in the Coolock District which forms part of DMR North Division, is open from 7am to 9pm daily.

I am advised by the Garda authorities that the strength of the DMR North Division was 705 on the 30 September 2018, the latest date for which figures are readily available. Of these, I am informed that 213 members are assigned to the Coolock District and 27 members are assigned to Malahide Garda Station. Where appropriate, the work of local Gardaí is also supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

I understand from the Garda authorities that the allocation of Garda resources is subject to constant review in light of crime trends and policing needs arising, to ensure optimum use of Garda resources and that the best possible policing service continues to be provided to the public.

Naturalisation Certificates

Questions (92)

Charlie McConalogue

Question:

92. Deputy Charlie McConalogue asked the Minister for Justice and Equality the reason for the delays in finalising an application by a person (details supplied) for a naturalisation certificate; and if he will make a statement on the matter. [46232/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy. This application has entered the final stage of processing. A letter has issued to the person concerned requesting them to submit the prescribed certificate fee and other documents. When the fee and documentation have been received and subject to no adverse information arising in the meantime, an invitation will be issued to attend a citizenship ceremony at which the person concerned will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.

All applications are processed in chronological order. While most applications are straightforward, it is the case that some applications can take longer to process than others. This is due to a variety of factors, not least of which is the need to receive and consider information from outside agencies. As the Deputy will appreciate, it is essential that the integrity of the immigration system is protected.

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 INIS is, in the Deputy’s view, inadequate or too long awaited.

White Collar Crime

Questions (93, 94, 95)

Thomas P. Broughan

Question:

93. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the recent Law Reform Commission report, Regulatory Powers and Corporate Offenders; his plans for same; the timeframe to introduce necessary legislation and to implement the key recommendations of this report; and if he will make a statement on the matter. [46252/18]

Thomas P. Broughan

Question:

94. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to introduce a corporate crime agency; his further plans to resource the Office of the Director of Public Prosecutions in order to pursue corporate crime and fraud and to work closely with the proposed new agency; and if he will make a statement on the matter. [46253/18]

Thomas P. Broughan

Question:

95. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views on a deferred prosecution agreement legal regime for corporate crime and business fraud; and if he will make a statement on the matter. [46254/18]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 93 to 95, inclusive, together.

As the Deputy will be aware, this report which was published on 25 October 2018 is a very substantial piece of work with over 100 recommendations. The report and recommendations will require detailed consideration by the relevant Departments including the Departments of Justice and Equality; Business, Enterprise and Innovation and Finance as well as such bodies as the Office of the Director of Corporate Enforcement, Office of the Director of Public Prosecutions (DPP), An Garda Síochána and the Central Bank.

I note the Report recommends the establishment of a multi-disciplinary Corporate Crime Unit to investigate and prosecute serious corporate criminal offences as well as proposals to introduce deferred prosecution agreements.

I established an expert group in September to review anti-corruption and anti-fraud structures in criminal justice enforcement. Former DPP and expert in this area of law, Mr James Hamilton, is chairing the Group which includes officials from the Departments and Offices I have mentioned above as well as representatives from the Revenue Commissioners. The membership also includes the Competition and Consumer Protection Commissioner and Dr. Elaine Byrne. This review is one of a number of measures contained in the Government’s plan to tackle White Collar Crime and will take account of the LRC's recommendations relating to the establishment of a multi-disciplinary Corporate Crime Unit and the introduction of deferred prosecution agreements.

This Group had its second meeting on 1 November 2018 and I understand it is working to a tight timeline and expects to deliver its findings next summer.

Prison Service Strategies

Questions (96)

Clare Daly

Question:

96. Deputy Clare Daly asked the Minister for Justice and Equality if the review of the incentivised prison regimes policy has been completed; and when it is expected to be published. [46289/18]

Written answers

Minister for Justice and Equality

I am advised by officials in the Irish Prison Service that a review of the Incentivised Regimes Policy and its application in prisons commenced in 2018. The review is being undertaken in partnership with the Prison Officers' Association and an external academic from Queens University Belfast. The terms of reference for the review and research plan have been established and the Steering Group has met on two occasions. The first prison-site visit of the review will take place in Cork Prison in the coming weeks. The Steering Group for the review intend to present the findings of the review to the Director General of the Irish Prison Service in mid-2019.

Naturalisation Applications

Questions (97)

Michael Healy-Rae

Question:

97. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a stamp 4 application by a person (details supplied); and if he will make a statement on the matter. [46317/18]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it wrote to the person concerned on 25 October 2018 and advised that all applications for permission to remain in the State on the basis of parentage of an Irish citizen child from a Non-EEA parent must be submitted on the Irish Citizen Child Application Form. I am further advised that it remains open to the person concerned to make such an application. The application form is available from the INIS website (http://www.inis.gov.ie).

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.

Asylum Seeker Accommodation

Questions (98)

Michael Healy-Rae

Question:

98. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will address matters (details supplied) regarding asylum seekers; and if he will make a statement on the matter. [46337/18]

Written answers

Minister of State at the Department of Justice and Equality

In January and again in September of this year, the Reception and Integration Agency (RIA) of my Department published a call for expressions of interest in the national press for premises to meet the increasing demand for accommodation for persons in the protection process.

This call sought expressions of interest from parties who would be interested in providing accommodation and related services on an urgent and emergency basis. This was issued in response to the urgent and unforeseen demand for accommodation and related services from those persons arriving in the state seeking international protection.

The criteria against which the Department assessed the offers of accommodation were availability, standard of property, ability to provide communal social spaces for residents, ability to cater at mealtimes and proximity to required various services such as schools, shops, post office etc.

It should be noted that these premises were offered to the Department by individual contractors across the country. The Department did not randomly choose any one location over another location.

Following on-site assessments carried out by staff in the Department, the offer of the Atlantic Lodge in Kenmare was deemed to be suitable premises for the needs of the Department. The premises is available, decorated to a high standard, capable of providing meals to residents, has scope to provide the required communal social areas required by residents and is located close to a town with both primary and secondary schools, shops and a post office.

Senior staff in my Department also engaged with elected representatives from the area to provide them with as much information as possible about the opening of this accommodation facility.

As with every other accommodation centre in the country, my Department works closely with the HSE, the Departments of Education & Skills and Employment Affairs and Social Protection and all other relevant Government Departments and Agencies to coordinate the delivery of State services to residents.

The Atlantic Lodge is contracted to provide accommodation and ancillary services for 84 persons for one year. The residents will comprise a mix of families, single males and single females. They are from a wide array of locations including Eastern Europe, Africa and Asia. All of the residents are engaged in a full assessment process in respect of their applications for protection and this will include security screening.

In the initial group arriving at the Centre, there will be 5 families with 8 children in total.

In order to meet the accommodation needs in the longer term, the Department has recently commenced a public procurement exercise under which public tenders for the provision of accommodation and ancillary services by way of the independent living model, to persons in the protection process, will be advertised. This process is scheduled for completion in 2020 and will be delivered via a series of regional competitions to cover the entire State.

Prison Service Staff

Questions (99)

Catherine Murphy

Question:

99. Deputy Catherine Murphy asked the Minister for Justice and Equality if disciplinary proceedings have been initiated within the Irish Prison Service within the past three years specifically with respect to incidences of sexual harassment and or assault; if so, the number of incidences involved; the rank or ranks and or grade of staff that were involved; the way in which the matters were resolved; and if he will make a statement on the matter. [46339/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Prison Service that the Service is committed to protecting dignity and respect across the organisation and addresses complaints of bullying, harassment, and sexual harassment under the Dignity at Work policy for the Irish Civil Service.

I am informed that in the period referred to by the Deputy, one such complaint against a member of staff was upheld after investigation under the Dignity at Work Policy and disciplinary proceedings were initiated on foot of that. A further three complaints by staff members are currently being addressed under the Dignity at Work Policy.

The complaints concerned have involved staff at Chief Officer, Prison Officer and Prison Administration and Support Officer Grades.

Prison Service Staff

Questions (100)

Catherine Murphy

Question:

100. Deputy Catherine Murphy asked the Minister for Justice and Equality if compensation or without prejudice payments have been made to staff of the Irish Prison Service within the past three years; if so, the amounts involved; the grade or rank of staff that were involved; if this also related to pensions and pension top-ups and buying of years service; the rank or ranks or grades that were involved; the reason for such payments and top-ups and or years of service bought; if such payments required his approval or that of his predecessor; if staff exiting the IPS in such a manner are required to enter into non-disclosure agreements; and if he will make a statement on the matter. [46340/18]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that it has not been possible in the timeframe available to collate the information sought as this entails a manual check over each month for the period in question. I will revert to the Deputy as soon as this information has been compiled.

The following deferred reply was received under Standing Order 42A

I refer to parliamentary question No. 100 of 8 November 2018. At that time the information requested was not readily available and I undertook to forward a response to the Deputy as soon as possible.

There are a number of different types of legal cases which give rise to staff compensation within the Irish Prison Service. These cases are managed in different forums.

- The Irish Prison Service is represented by the Chief State Solicitors Office in respect of certain Personal Injury Claims where the claim includes assault between staff, or concerning staff and prisoners. The CSSO also represent the Irish Prison Service in Employment law matters which may give rise to compensation.

- The State Claims Agency has a delegated function to manage the majority of Personal Injury claims.

These claims will generally come under one of 5 hazard categories. These categories, including examples, are as follows:

a. Exposure to Physical Hazards – examples being a slip, trip or a fall, manual handling incident, fire, animal, noise.

b. Exposure to Behavioural Hazards – examples being violence, bullying, harassment, aggression.

c. Exposure to Chemical Hazards – examples being Dust, agricultural chemicals, asbestos, fumes.

d. Exposure to Biological Hazards – examples being Virus, Bacteria, Needle Stick, Bodily Fluids.

e. Crash/collisions – example being an incidents involving a prison vehicle.

- The Criminal Injuries Compensation Tribunal administers a scheme of Compensation for personal injuries criminally inflicted on Prison Officers. The Tribunal is a non-statutory agency of the Department and is independent of the Minister in its decision making.

The amounts contained in the following table represent compensation payments to prison officers for the years 2016 to 2018.

Within the Irish Prison Service staff, the category of person who received compensation over the period is comprised of (i) Prison Officers, (ii) Professional Grade Officers and (iii) Other Staff.

Year	Total Compensation paid €
2016	1,945,728
2017	1,883,743
2018	2,172,714
Total	6,002,185

These compensation payments do not relate to pensions, pension top-ups or the buying of years’ service.

The Irish Prison Service works closely with the State Claims Agency to help identify lessons which can be learned arising from personal injury claims.

From a policy perspective the IPS aims to achieve the highest health and safety standards across its operations and to do this has established an occupational health and safety management system which is based on the requirements of an internationally recognised safety management system.

In addition the IPS has a number of policies and procedures in place covering areas such as risk management, health and safety and dignity at work. Every effort is made to ensure compliance with these policies, including through the provision of training courses and induction, so as to minimise exposure to the hazards listed.

Protected Disclosures

Questions (101)

Catherine Murphy

Question:

101. Deputy Catherine Murphy asked the Minister for Justice and Equality if a protected disclosure made to him has been concluded with respect to the Irish Prison Service (details supplied); and if he will make a statement on the matter. [46341/18]

Written answers

Minister for Justice and Equality

I can inform the Deputy that anonymous correspondence was received in my Department regarding an allegation in the Irish Prison Service. This matter was dealt with in accordance with the Protected Disclosures Policy and my Department engaged an independent legal firm to carry out an investigation. I understand this will be finalised in the near future. As the matter is being treated as a protected disclosure it would not be appropriate for me to comment on the individual case.

Residency Permits

Questions (102)

Bernard Durkan

Question:

102. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or potential residency status in the case of persons (details supplied); and if he will make a statement on the matter. [46408/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that if an application for International Protection has been made in the State, for confidentiality reasons it is not the practice to comment on it. Under Section 26 of the International Protection Act 2015, it is an offence to identify an international protection applicant. The offence is punishable by summary conviction to a Class A fine or a term of imprisonment of 12 months or both. In this case, I can neither confirm nor deny that the persons in question have applied for international protection.

If they have applied for international protection, they or their designated legal advisor or advisors should contact the International Protection Office (IPO) directly in relation to their application, either by email to [e-mail], by telephone to the IPO Customer Service Centre at 01 6028008 ,or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

If they have received a negative recommendation from the IPO and have appealed it to the International Protection Appeals Tribunal (IPAT), they should contact the IPAT in relation to their appeal application. The IPAT operates an email service that can be contacted by individuals with any queries regarding their application - [e-mail].

If they have not yet applied for international protection, and wish to do so, they are advised to make an application to the International Protection Office.

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.

Divorce Process

Questions (103)

Bernard Durkan

Question:

103. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans to change the legislation in recognition of foreign divorce here having particular regard to the difficulties created in subsequent marriages in circumstances in which the remaining partner cannot qualify for widow and or widower’s pension; and if he will make a statement on the matter. [46410/18]

Written answers

Minister for Justice and Equality

The question of whether a foreign divorce can be recognised in Ireland will depend on where and when the divorce was granted.

The recognition of foreign divorces that were obtained before the Domicile and Recognition of Foreign Divorces Act 1986 came into operation on 2 October 1986 is governed by common law rules on domicile. The judgment in the 2015 Supreme Court case of H v. H [2015] IESC 7 has confirmed that Irish law does not recognise the validity of a divorce lawfully granted prior to 2 October 1986 in a country where neither party to the marriage was domiciled at the date of institution of the divorce proceedings but where one party was resident on that date.

The Domicile and Recognition of Foreign Divorces Act 1986 sets out the circumstances in which a divorce granted in a jurisdiction outside of Ireland on or after 2 October 1986 will be recognised. Under section 5 of the 1986 Act, a divorce shall be recognised in Ireland if it was granted in the country where either spouse was domiciled at the date of the institution of the divorce proceedings.

The recognition in Ireland of a divorce granted in another EU Member State on or after 1 March 2001 is governed by EU Council Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (also known as the Brussels II bis or the Brussels IIa Regulation). This Regulation provides for EU judicial co-operation and recognition and enforcement of judgments in cross-border matrimonial matters.

Under the Regulation, divorces granted in all EU States, with the exception of Denmark, are entitled to recognition if granted in accordance with jurisdictional criteria specified in the Regulation. Habitual residence is the key governing criterion for recognition. The Domicile and Recognition of Foreign Divorces Act 1986 no longer applies to the recognition of divorces covered by the Regulation.

Where there is an issue as to whether a foreign divorce is entitled to recognition, section 29 of the Family Law Act 1995 allows a person to apply to court for a declaration as to marital status, including a declaration as to whether a foreign divorce is entitled to recognition in the State.

While I have no plans at present for amendment of the legislation on recognition of foreign divorces, the matter is being kept under review. In this regard, it should be noted that in June 2016, the European Commission published its proposal for a recast of the Brussels IIa Regulation. Ireland has opted in to the proposed Regulation and discussions on the proposed Regulation are ongoing.

Matters relating to eligibility for widow’s or widower’s pensions are governed by the Social Welfare Acts, which fall under the remit of the Minister for Employment Affairs and Social Protection.

Deportation Orders Re-examination

Questions (104)

Bernard Durkan

Question:

104. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a decision to deport in the case of persons (details supplied) will be reviewed; if their case will be re-examined with a view to awarding leave to remain; and if he will make a statement on the matter. [46411/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 15 September 2017.

As previously advised it is open to the person concerned to submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful.

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.