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Tuesday, 16 Jun 2020

Written Answers Nos. 384-407

Asylum Applications

Questions (384)

Cian O'Callaghan

Question:

384. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the average time it takes for an asylum seeker to receive a definitive final response on the application; the governance in place for this process; if the information is published; and if he will make a statement on the matter. [11310/20]

View answer

Written answers

A key recommendation underpinning the Justice McMahon Report on improvements to the International Protection process was to address the length of time taken to process applications, which can lead to long stays in State provided accommodation. 

With the commencement of the International Protection Act 2015 on 31 December 2016, we now have a single application procedure. This is the biggest reform to our protection process in two decades.  It means that an applicant has all aspects of their claim (refugee status, subsidiary protection status, and permission to remain), examined and determined in one process. The aim is to provide first instance decisions in the shortest possible timeframe.  

The International Protection Office (IPO) of my Department is responsible for examining all applications received. The staff of the IPO (the Chief International Protection Officer and the International Protection Officers) are independent by law in the exercise of their international protection functions.

Upon the commencement of the 2015 Act, approximately 3,500 legacy cases were carried over to be dealt with under the new single application procedure (1,500 of these cases were from the former Office of the Refugee Applications Commissioner and 2,000 from the former Refugee Appeals Tribunal).  A further 500 cases transitioned in the months following commencement.  These cases would have been the longest in the system at the commencement of the Act. 

The International Protection Office (IPO) committed to scheduling these legacy cases for interview by the end of 2018 and for completion by the end of Q2 2019, where possible.

The IPO achieved the first part of this commitment in 2018 by scheduling all transition cases for interview, where it was possible to do so. The vast majority of the legacy cases have now been processed to completion in the IPO, and the focus is now on post commencement single procedure cases. 

Some legacy cases will continue to be dealt with.  These include transition applicants who had not co-operated up to this point but who are now re-engaging with the process and applicants who have come back into the process through Judicial Review.  These cases are prioritised and scheduled for interview at the earliest possible opportunity and are processed accordingly.

Cases processed in Q1 2020, where applications were made after the introduction of the International Protection Act 2015 (full Single Procedure cases), had a median processing time of 14.7 Months (9.7 months for priority cases) from date of application.  Including the cases that came before the International Protection Act, the overall waiting time is 14.9 Months. Prioritised applications include those from especially vulnerable groups of applicants, such as unaccompanied minors and applicants from refugee generating countries like Syria and Eritrea.

However, it should be noted that at the end of February 2020, prior to the Covid-19 global pandemic, an applicant who applied for international protection at that time could have expected to receive a first instance recommendation/decision within approximately 11-12 months, with prioritised applications being processed within 8-9 months provided that no complications arose and that application figures did not rise further.  

The IPO is working hard to try to achieve a target of 9 months in the vast majority of cases.  However it must be acknowledged that the processing of applications is complex and that each application deserves and receives an individual assessment.

Covid-19 social distancing restrictions have impacted on the number of applications being assessed by the International Protection Office.  Substantive interviews of international protection applicants have been suspended until further notice. The IPO hopes to resume interviewing shortly and is exploring options to do so in a manner which is consistent with public health advice during Covid-19. The IPO will issue notification when interviews resume. All IPO case processing teams are continuing to work remotely on processing cases during this period.

The International Protection Office (IPO) has remained open for the taking of applications for international protection and has continued working on international protection applications where interviews took place before the implementation of measures to restrict the spread of Covid-19. 

 The IPO has begun issuing some first instance recommendation letters to applicants in cases where their interview has previously taken place and a recommendation to grant refugee status has been made.

The Immigration Service Delivery function of my Department is continuing to process cases to the extent allowed by government restrictions to stem the spread of Covid-19 and that means that as much of the work that can be done remotely is up to date. However, the timelines for the actual issuing of the decisions have necessarily been pushed out to enable conformity with public health measures on social distancing and non-essential travel. We can, however, look at emergency cases on an individual basis and take a tailored approach to them.

Waiting times for decisions on international protection applications are not routinely published by my Department.

Question No. 385 answered with Question No. 341.

Northern Ireland

Questions (386)

Brendan Smith

Question:

386. Deputy Brendan Smith asked the Minister for Justice and Equality further to Parliamentary Question No. 350 of 11 November 2019, if there has been further progress in achieving a full and comprehensive investigation here and in Northern Ireland into the bombing in Belturbet, County Cavan, in December 1972 which caused the death of two young persons and injuries to many others; and if he will make a statement on the matter. [11356/20]

View answer

Written answers

I am aware that the Deputy has a long-standing interest in the appalling bomb attack in Belturbet in 1972 and that he shares my view, which I have previously expressed in replies to the Deputy, that this was an appalling atrocity which sadly cost two innocent people their lives, and injured many others. I appreciate that the Deputy continues to seek answers with regard to bringing the perpetrators to justice. It is the sincere wish of us all that this would happen. I am informed by the Garda authorities that the matter was thoroughly investigated at the time by An Garda Síochana, with assistance from the Defence Forces and the close cooperation of the authorities in Northern Ireland. Despite their best efforts however, it was not possible to secure the evidence which would have led to the prosecution of the perpetrators. This continues to remain a source of disappointment and frustration.

As I have also informed the Deputy previously, the passage of almost fifty years at this stage, and with no new evidence forthcoming, has diminished the prospect of securing a successful prosecution. However, I have been assured by the Garda authorities that the case remains open and that they will investigate any new information. They also remain committed to working closely with the PSNI as necessary, where that could advance the investigation.

I would repeat my appeal that anyone with any information in relation to this heinous act should bring it to the attention of the Garda authorities.

Question No. 387 answered with Question No. 324.
Question No. 388 answered with Question No. 339.
Question No. 389 answered with Question No. 341.
Question No. 390 answered with Question No. 324.

Asylum Seekers

Questions (391)

Catherine Connolly

Question:

391. Deputy Catherine Connolly asked the Minister for Justice and Equality further to Parliamentary Question No. 24 of 20 November 2019, the number of applications received, granted and refused, respectively, for labour market access permission; the number in employment; the number residing in direct provision; and if he will make a statement on the matter. [11410/20]

View answer

Written answers

The European Communities (Reception Conditions) Regulations 2018, transposing the EU (Recast) Reception Conditions Directive, came into effect from 30 June 2018. The Regulations included access to the labour market for eligible international protection applicants. The Regulations provide access to both employment and to self-employment.  

As of 10 June 2020, a total of 6,498 applications for access to the labour market were received by my Department. 1,717 applications were refused as they did not meet the criteria set out in the Regulations, while 4,614 applications for a labour market access permission have been granted.

Based on the returned declaration forms received to date, a total of 2,187 applicants have indicated they have commenced employment or self-employment, of whom 1,525 were living in accommodation provided by the International Protection Accommodation Service (IPAS).  

As the employer or applicant has 21 days from the time they take up employment or self-employment to return the declaration form, there is likely to be a time lag between the actual date of commencement of employment and my Department being notified of same.

Garda Data

Questions (392)

Catherine Connolly

Question:

392. Deputy Catherine Connolly asked the Minister for Justice and Equality the estimated extra cost in 2021 of increasing the number of sworn gardaí to 15,000 by the end of 2021; the estimated cost in 2022 to increase the number to 15,585; the estimated cost in 2023 to increase the number of sworn gardaí to 16,200; and if he will make a statement on the matter. [11412/20]

View answer

Written answers

The Garda Commissioner is the accounting officer of An Garda Síochána and is statutorily responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including in relation to human resource matters.

I have asked the Garda authorities for the information requested and I will write directly to the Deputy when it is available.

Domestic Violence

Questions (393)

Bernard Durkan

Question:

393. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of incidents of domestic violence brought to the attention of An Garda Síochána in County Kildare in each of the past 12 months to date; and if he will make a statement on the matter. [11497/20]

View answer

Written answers

I have requested updated detail from the Garda Commissioner in relation to this matter and I will write to the Deputy directly with that information when the updated figures are available.

Covid-19 Pandemic Supports

Questions (394)

Bernard Durkan

Question:

394. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which persons awaiting process of their application for residency and naturalisation status have had their status temporarily extended during the Covid-19 crisis in view of the fact that some persons might not be a position to access social or medical services; and if he will make a statement on the matter. [11498/20]

View answer

Written answers

The restrictions attendant to the current Covid-19 pandemic have regrettably resulted in significant challenges to the delivery of normal services. As a result of these restrictions, the Immigration Service Delivery, along with many other public and private sector organisations is experiencing significant disruption in delivering its core functions.

Working within these restrictions, public safety and the wellbeing of staff are of course both urgent priorities. However I can assure the Deputy that the matter is receiving ongoing attention and as soon as a practical plan is in place for the re-commencement of normal service delivery, notifications will be placed on our website (www.inis.gov.ie). 

On 13 May 2020, I announced that immigration permissions, due to expire between 20 May 2020 and 20 July 2020, would be automatically extended for two months.  

This includes people in Ireland on short stay visas and those whose permissions have already been extended by the previous notice, which extended permissions between 20 March 2020 and 20 May 2020. The renewal of the permission is on the same basis as the existing permission and the same conditions are attached regarding the access to state services.  As a result of this automatic renewal of permissions , the requirement to present at an Immigration registration office to register or renew a permission is also temporarily suspended.

In relation to persons with existing permission under Directive 2004/38/EC (Free Movement Directive), the automatic renewal is subject to the requirement that the person is complying with the requirements of the Directive.   

Further updates will be provided on the Immigration Service website when available, and I would encourage the Deputy to view our updates and a detailed Frequently Asked Questions document on the Immigration Service website at: http://www.inis.gov.ie/en/INIS/Pages/Covid-19-updates-and-announcements.

Garda Strength

Questions (395)

Bernard Durkan

Question:

395. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the strength of An Garda Síochána as recorded on 1 March in each of the past five years to date; and if he will make a statement on the matter. [11499/20]

View answer

Written answers

The Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources.  As Minister, I have no responsibility for these matters.  I am assured however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

The resources provided to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation. As at 31 May 2020, there are now 14,700 Gardaí nationwide, supported by over 3,000 Garda staff and these numbers are continuing to grow. 

A detailed breakdown of the Garda workforce, including both Garda members and staff, is available on my Department’s website.  This information is updated every month with the latest data provided by An Garda Síochána, in the interests of transparency and for the convenience of Deputies and the wider public. 

Information on Garda members and the location to which they are deployed is available at the following link:

http://www.justice.ie/en/JELR/02_Garda_Numbers_by_Division_District_and_Station_2009_to_April_2020.xlsx/Files/02_Garda_Numbers_by_Division_District_and_Station_2009_to_April_2020.xlsx

Information on the Garda workforce including Garda staff is available at the following link: http://www.justice.ie/en/JELR/Pages/Garda_Workforce  

Naturalisation Applications

Questions (396)

Bernard Durkan

Question:

396. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the determination for eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [11502/20]

View answer

Written answers

The application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible.

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.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process.  In some instances, completing the necessary checks can take a considerable period of time.

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

Covid-19 Pandemic

Questions (397)

Holly Cairns

Question:

397. Deputy Holly Cairns asked the Minister for Justice and Equality if the renewal of immigration permissions and future naturalisation applications for persons will not be affected by their having to avail of the pandemic unemployment payment or the temporary wage subsidy scheme. [11551/20]

View answer

Written answers

Applications for renewal of permission to remain or a certificate of naturalisation will not be adversely affected if an applicant, who loses their employment as a result of Covid-19 pandemic, is in receipt of the Covid-19 Pandemic Unemployment Payment from the Department of Employment Affairs and Social Protection.

On 13 May 2020, I announced, that immigration permissions due to expire between 20 May and 20 July 2020 will be automatically extended for two months and that any permission  which was renewed by an earlier notice of 20 March 2020 and which therefore has a new expiry date between 20 May 2020 and 20 July 2020 is also renewed.  

Regular updates on the impact of Covid-19 on immigration and international protection are provided on our Immigration Service website at: http://www.inis.gov.ie/en/INIS/Pages/Covid-19-updates-and-announcements.

Additionally, a Frequently Asked Questions document, which is also regularly updated can be found here:

http://www.inis.gov.ie/en/INIS/Immigration-Service-Delivery-Covid-19-FAQ4.pdf/Files/Immigration-Service-Delivery-Covid-19-FAQ4.pdf.

Direct Provision System

Questions (398)

Richard Boyd Barrett

Question:

398. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the direct provision centres here; the location, address and number of residents in each location by age and gender; the number of residents in each location who are victims of torture and trauma; the annual cost of each location by payments to the companies running the location and the different companies providing services; and if he will make a statement on the matter. [11556/20]

View answer

Written answers

The number of residents in each Direct Provision accommodation centre by age and gender is set out in the following table.

These figures represent those who are ordinarily resident in each centre. Some residents are temporarily off-site, however their beds are reserved for when they return and they are still considered occupants. When analysing these figures, it should also be noted that a large number of residents moved out temporarily, to stay with families and friends, during the COVID-19 pandemic. They will be able to return to their centre subject to HSE Guidelines being adhered to.

The International Protection Accommodation Service (IPAS) of my Department does not collate records on victims of torture and the reason for making an application for international protection is not recorded by the IPAS when applicants avail of their services. This would be inappropriate as this information is confidential to the applicant and their international protection claim.

IPAS Accommodation as at 7 June 2020

LOCATION

ADDRESS

CURRENT

OCCUPANCY

<18

8-30

31-40

41-60

61+

Male

Female

Ashbourne Hse

Glounthaune

94

46.7%

21.7%

17.4%

14.1%

0.0%

45.7%

54.3%

Athlone

Athlone

264

38.4%

15.6%

25.1%

20.5%

0.4%

56.7%

43.3%

Atlantic House

Tramore, Co.   Waterford

72

0.0%

41.2%

38.2%

20.6%

0.0%

100.0%

0.0%

Atlantic Lodge

Kenmare

58

37.5%

15.6%

34.4%

12.5%

0.0%

50.0%

50.0%

Atlas House   (Killarney)

Killarney

89

45.2%

17.9%

26.2%

10.7%

0.0%

36.9%

63.1%

Atlas House   (Tralee)

Tralee

91

0.0%

30.6%

38.8%

28.6%

2.0%

100.0%

0.0%

Balseskin 

St. Margarets,   Finglas, Dublin 11

335

21.7%

28.3%

30.7%

17.7%

1.6%

49.4%

50.6%

Birchwood

Ballytruckle Road

140

33.8%

22.1%

28.7%

14.7%

0.7%

49.3%

50.7%

Bridgewater   House

Carrick-on-Suir, Co.   Tipperary

147

52.1%

11.0%

24.7%

11.0%

1.4%

43.8%

56.2%

Carraig   Accommodation Centre

Ballinamore

91

53.8%

14.3%

17.6%

14.3%

0.0%

49.5%

50.5%

Carroll Village

Dundalk 

74

52.7%

8.1%

18.9%

20.3%

0.0%

51.4%

48.6%

Clare Lodge   Hostel

Ennis, Clare

42

0.0%

47.5%

37.5%

12.5%

2.5%

100.0%

0.0%

Clonakilty   Lodge

Clonakilty, Co. Cork

96

45.3%

15.8%

21.1%

17.9%

0.0%

38.9%

61.1%

Davis Lane

73-75 Davis Street, Mallow, Co. Cork.

56

47.1%

17.6%

23.5%

7.8%

3.9%

41.2%

58.8%

Eglinton

The Proms, Salthill

184

44.9%

9.0%

33.1%

11.8%

1.1%

27.0%

73.0%

Eyrepowell

Newbridge

122

26.9%

20.2%

29.4%

21.8%

1.7%

56.3%

43.7%

Glenvera

Wellington Road

92

0.0%

36.5%

39.6%

24.0%

0.0%

96.9%

3.1%

Globe House

Chapel Hill

177

15.4%

28.4%

32.7%

22.2%

1.2%

56.8%

43.2%

Great Western   House

Eyre Square

92

0.0%

41.8%

35.5%

22.7%

0.0%

100.0%

0.0%

Griffin House

Lower Gerald Griffin Street, Limerick

25

56.7%

13.3%

30.0%

0.0%

0.0%

40.0%

60.0%

Hanratty's

Glentworth Street, Limerick

74

1.0%

42.7%

38.5%

15.6%

2.1%

95.8%

4.2%

Hazel

Dublin Road,   Monasterevin

82

28.6%

28.6%

26.0%

16.9%

0.0%

55.8%

44.2%

Hibernian   Hotel 

Main Street Abbeyleix, Co Laois

48

46.0%

12.0%

18.0%

20.0%

4.0%

38.0%

62.0%

Johnston   Marina

Tralee

79

32.5%

24.7%

26.0%

15.6%

1.3%

27.3%

72.7%

King Thomond

The Bog Road,   Lisdoonvarna

127

38.4%

17.6%

31.2%

11.2%

1.6%

40.0%

60.0%

Kinsale Road 

Cork

278

20.4%

33.7%

26.7%

18.2%

0.9%

62.6%

37.4%

Knockalisheen

Meelick

207

12.4%

36.7%

37.1%

13.8%

0.0%

83.3%

16.7%

Linden House 

New Road, Killarney

67

1.6%

39.7%

36.5%

22.2%

0.0%

100.0%

0.0%

Marian Hostel

33 High St, Tullamore

74

0.0%

45.8%

33.3%

19.4%

1.4%

54.2%

45.8%

Millstreet

Millstreet

296

41.9%

17.3%

23.2%

15.8%

1.8%

47.9%

52.1%

Montague

Emo, Portlaoise

197

22.7%

27.8%

33.8%

14.1%

1.5%

61.1%

38.9%

Mosney 

Mosney

626

46.2%

14.9%

22.0%

14.8%

2.1%

44.3%

55.7%

Ocean View

Tramore, Co.   Waterford

97

47.4%

17.5%

20.6%

13.4%

1.0%

46.4%

53.6%

Park Lodge

Killarney

37

0.0%

45.9%

21.6%

21.6%

10.8%

0.0%

100.0%

Richmond Court

Richmond Street, Longford

57

0.0%

46.4%

35.7%

16.1%

1.8%

100.0%

0.0%

Riverside 

Borrisokane, Co.   Tipperary

74

62.5%

8.3%

13.9%

15.3%

0.0%

36.1%

63.9%

Rosslare Port   Lodge

Rosslare Harbour, Ballygillane Big

75

5.6%

33.8%

29.6%

29.6%

1.4%

78.9%

21.1%

Skellig Star   Hotel

Caherciveen, Co. Kerry

93

13.9%

31.9%

26.4%

26.4%

1.4%

27.8%

72.2%

St. Patricks

Monaghan

264

43.2%

15.8%

29.3%

9.7%

1.9%

49.4%

50.6%

Temple  Accommodation

Horseleap, Moate, Westmeath

107

20.6%

34.0%

23.7%

21.6%

0.0%

49.5%

50.5%

The Central   Inn 

95-98 Talbot St,   Dublin 1

28

22.2%

55.6%

14.8%

7.4%

0.0%

51.9%

48.1%

The Grand   Hotel

Abbey St, Wicklow

96

25.8%

32.0%

22.7%

16.5%

3.1%

54.6%

45.4%

The Old   Convent

Ballyhaunis

217

49.8%

13.1%

23.1%

13.1%

0.9%

46.6%

53.4%

The Towers

The Ninth Lock,   Clondalkin, D.22

172

40.1%

16.6%

23.6%

17.8%

1.9%

37.6%

62.4%

Viking House

Coffee House Lane

74

0.0%

31.5%

38.4%

28.8%

1.4%

100.0%

0.0%

 

All accommodation centres for people seeking international protection, whether State-owned or privately owned, are operated by commercial companies under contract. There are currently 44 accommodation centres, excluding the Balseskin Reception Centre, being operated under the Direct Provision reception system.

The Deputy will appreciate that it is not appropriate to provide the current individual contract values entered into by my Department. Negotiations take place with a number of commercial entities on an on-going basis with a clear focus on achieving the best value for money in respect of each contract. It is not in the interests of yielding best value for the taxpayer that the details of current individual contracts are made available to other commercial bodies who are, or may be in the future, engaged in these negotiations.

My Department contracts for an all-inclusive service, which includes catering services, as well as cleaning, maintenance and laundry services.  It is the Department's policy not to disclose financial information on individual contracts for the most recent two years. This was agreed with the Office of the Information Commissioner.

I attach an extensive and detailed table of information on the amount paid by my Department to each company contracted to provide direct provision accommodation every year up to the end of 2017.

The following table provides a breakdown by year of my Department's expenditure on the direct provision system in the years 2015 to end of May 2020 and includes costs for emergency accommodation since September 2018.

Expenditure Type

 2015

 2016

 2017

 2018

 2019

2020 (to end May)

Accommodation(including commercial, State-owned and self-catering). Emergency accommodation costs are included from September 2018 when such accommodation was first utilised.

€54.895m

€60.327m

€65.407m

€76.057m

€125.936m

 €68.159m

Pre-school (contributions towards some costs)

€0.127m

€0.112m

€0.095m

€0.107m

€0.095m

€0.047m

Additional costs at State-owned centres (incl. gas, oil, water, sewage, etc)

€1.879m

€3.558m

€1.742m

€1.512m

€1.517m

€0.761m

Transport costs (under   dispersal policy)

€0.103m

€0.129m

€0.093m

€0.182m

€0.579m

€0.182m

Miscellaneous (payments for personal hygiene products, grants to organisations and   miscellaneous costs)

€0.021m

€0.011m

€0.022m

€0.135

€1.281m

€0.810m

Total Expenditure

€57.025m

€64.137m

€67.359m

€77.993m

€129.408m

€69.959m

The 2015, 2016, 2017, 2018 and 2019 figures include an amount of €0.538m, €3.214m, €7.728m, €7.550m and €7.605m respectively for designated Emergency Reception and Orientation Centres (EROC). The corresponding figure for 2020 to end May is €2.490m.

Direct Provision Data

Domestic Violence Policy

Questions (399)

Richard Boyd Barrett

Question:

399. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the progress of the key commitments in the Istanbul Convention ratified in July 2019; and if he will make a statement on the matter. [11561/20]

View answer

Written answers

The Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention, is a significant international legal instrument.  In addition to protecting women from all forms of violence, the Convention aims to ensure the design of a comprehensive framework, policies and measures for the protection of and assistance to all victims of such violence.

 Ireland signed the Convention in November 2015.  A number of legislative and administrative actions were identified as necessary to enable Ireland’s ratification of the Convention. These actions were incorporated into the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021, which was launched the following year.

I agree with the Deputy about the importance of this subject and my Department coordinates the Second National Strategy on Domestic, Sexual and Gender-based Violence, which is a whole-of-Government approach addressing the many actions necessary to address these matters fully.

The Strategy includes input from relevant community and voluntary groups as well as other stakeholders across the sector. This is achieved through a Monitoring Committee composed of stakeholders from all sectors working together in partnership; as well as ongoing cooperation between the Department and frontline services and industry partners.

Overall, the Strategy aims to considerably strengthen the law and structures in Ireland targeting domestic, sexual and gender-based violence and considerable progress has been made in addressing these issues through the Strategy which facilitated the ratification by Ireland of the Istanbul Convention in 2019.

A central element of the progress to date has been the landmark Domestic Violence Act 2018, which came into force on 1 January 2019. Through creation of the offence of coercive control, the Act recognised in law the devastating impact that emotional abuse can have on those it is inflicted upon. The Act also improves victim’s access to barring orders and provides greater supports for victims in the court process, in areas such as court accompaniment and to be able to give evidence by live television link. Aggravating factors in sentencing are also now provided for.

Other significant legislative developments in this area include the enactment of the Criminal Law (Sexual Offences) Act 2017, which introduced a statutory definition of consent, and the Criminal Justice (Victims of Crime) Act 2017, which provides a wide range of measures and services to protect and inform victims during the progress of their case through the criminal justice system.

A range of other relevant actions and projects are being pursued in this field, for example:

my Department has agreed with the Central Statistics Office that it will conduct a major National Sexual Violence Prevalence Study, which will look in detail at the experience of women and men of sexual violence and abuse in Ireland, with repeat large-scale surveys every decade, to provide a robust evidence-basis for Government policy; an independent study on domestic homicide and familicide is being carried out; a Working Group review, chaired by Tom O'Malley, BL into the adequacy of measures available to protect vulnerable witnesses during the investigation and prosecution of sexual offences is nearing completion;  public awareness campaigns have been organised on domestic abuse ("What would you do?" which ran from 2016-2018) and sexual violence ("No Excuses", which commenced in 2019 and is scheduled to run until 2021); an expanded Victims Charter has been published, providing information on the supports and services available.  This is available online at www.victimscharter.ie ; An Garda Síochána is also continuously improving its specialist services and Divisional Protective Services Units are now being rolled out with specially trained officers responsible for investigations, including engagement with victims.   I understand that 16 DPSUs have now been rolled out in 15 Divisions nationwide.

I would stress that implementation of the Second National Strategy is monitored on an ongoing basis and actions may be added to it by agreement of the Monitoring Committee, which as mentioned is made up of representatives from state agencies and the community and voluntary sector.

The Deputy may also be interested to note that my Department is currently leading efforts to identify lessons which can be learned from the inter-agency plan which we put in place to address domestic abuse, in the context of the Covid-19 pandemic.  This process includes input from the community and voluntary sector working in this area.  I hope and expect that this will offer the opportunity to further strengthen our national response to the issues of domestic, sexual and gender-based violence.

Finally, the Deputy will also be aware that the draft Programme for Government contains a commitment to conduct an audit of statutory responsibilities in this area.

Question No. 400 answered with Question No. 341.

Departmental Expenditure

Questions (401)

Cian O'Callaghan

Question:

401. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the amount his Department spent on social media monitoring in 2018 and 2019; and if he will make a statement on the matter. [11845/20]

View answer

Written answers

My Department did not incur any expenditure for social media monitoring in 2018 and 2019. 

Health and Safety Inspections

Questions (402)

Patricia Ryan

Question:

402. Deputy Patricia Ryan asked the Minister for Business, Enterprise and Innovation the number of farm safety inspectors employed; the level of farm safety inspections in the past three months versus the same period in 2019; and if she will make a statement on the matter. [10608/20]

View answer

Written answers

The Deputy will appreciate that the first half of 2020 has been marked significantly by the Covid-19 crisis.  For a period from late March until May, while investigations and associated work continued, very few inspectors were carrying out routine inspections in the normal way, due the measures taken to contain the spread of the virus.  Over the last few weeks the inspectors of the Health and Safety Authority have focused their inspections on sectors and on businesses reopening in accordance with the Governments phased reopening of the economy with a particular emphasis on compliance issues relating to the Return to Work Safely Protocol.

 Nevertheless, the agriculture sector remains a priority for the HSA and inspections are continuing in the sector.  Currently the number of inspectors available to carryout farm inspections as part of their inspection programme is forty (40). The Deputy should note that these Inspectors are assigned inspections in several different sectors including the agricultural sector.

The comparison on the numbers of farm inspections undertaken between periods in 2019 and 2020 are set out in the table below, and must be read in the context of Ireland’s response to the Covid-19 pandemic.  

Farm safety Inspections numbers

Period

2019

2020

1st January to 8th June

1,190

539

1st March to 8th June

705

59

Health and Safety Authority

Questions (403, 405, 434, 444)

Patricia Ryan

Question:

403. Deputy Patricia Ryan asked the Minister for Business, Enterprise and Innovation the number of HSA inspectors recruited to date in 2020; the number expected to be recruited in 2020; the number of inspectors at present; and if she will make a statement on the matter. [10609/20]

View answer

Róisín Shortall

Question:

405. Deputy Róisín Shortall asked the Minister for Business, Enterprise and Innovation if the HSA will proactively monitor and enforce social distancing measures in restaurants, cafes and pubs when they reopen; if the HSA will assign a number of officers to monitoring these sites specifically; if so, the number; and if additional guidance will be issued to pubs which back onto residential streets in order to prevent groups gathering near homes. [11276/20]

View answer

Gerald Nash

Question:

434. Deputy Ged Nash asked the Minister for Business, Enterprise and Innovation the number of additional HSA inspectors her Department has hired and redeployed, respectively, to regulate and enforce the Return to Work Safely Protocol; and if she will make a statement on the matter. [11223/20]

View answer

Matt Carthy

Question:

444. Deputy Matt Carthy asked the Minister for Business, Enterprise and Innovation the additional resources that will be provided to the HSA to assist the agency to carry out its functions, including workplace inspections, in order to ensure business compliance with public health and safety guidelines as workplaces set to reopen following the Covid-19 pandemic; if she has received a formal request from the HSA for additional resourcing to coincide with the Covid-19 reopening; and if she will make a statement on the matter. [11324/20]

View answer

Written answers

I propose to take Questions Nos. 403, 405, 434 and 444 together.

The national Return to Work Safely Protocol should be used by all workplaces, including restaurants, cafés and pubs in due course, to adapt their workplace procedures and practices to comply fully with the Covid-19 related public health protection measures identified as necessary by the HSE and the Department of Health. It is operating in parallel with existing workplace health and safety statutory requirements. The Protocol sets out in very clear terms for employers and workers in all business sectors the steps that they must take both before a workplace reopens and on an ongoing basis. The Health and Safety Authority is the lead agency in monitoring adherence to the national Return to Work Safely Protocol.

In terms of staff numbers, the Health and Safety Authority has a total staff complement of 182 which is made up of staff in administration and inspector grades. Of the 109 inspectors currently in the Authority across all grades, 67 inspectors have been made available to inspect on foot of the Return to Work Safely Protocol. This number covers both existing field inspectors as well as others redeployed internally from their existing roles.

In terms of monitoring adherence to the Protocol the Health and Safety Authority inspectorate is being supplemented significantly by deploying other inspectors from across the system who already have an environmental health, agriculture or other workplace/business inspection responsibilities. These resources are being drawn from the Workplace Relations Commission, the Department of Agriculture, Food and the Marine and the Environmental Health Officers employed by the Health Service Executive (HSE). This will result in an additional 500 or so inspectors checking compliance with the protocol as part of their normal inspection programme. Furthermore, seven staff from my Department have been seconded to the Workplace Contact Unit of the Health and Safety Authority to assist the Authority in managing phone and email queries about the Return to Work Safely Protocol.

To date in 2020, the Health and Safety Authority has recruited seven Inspectors and there are currently 11 vacancies which it is intending to fill in the coming months. The Department maintains close contact with the HSA and will be engaging with the Authority regarding it future resourcing requirements.

The HSA has noted a high level of compliance with the Return to Work Safely Protocol to date during phases 1 and 2. Where businesses have not fully complied with the protocol, any matters that need to be addressed are the subject of the inspection report and followed up as appropriate to ensure compliance.

In relation to phase 3, there will be a focus on the businesses reopening at that stage, particularly on restaurants, cafés and pubs. Along with the HSA’s own inspectorate, the Environmental Health Officers have deep knowledge of that sector and they too will be inspecting in line with the public health guidance and the Protocol.

The issue raised by the Deputy of additional guidance for pubs which back onto residential streets in order to prevent groups gathering near homes would be a matter for the Gardaí where such circumstances arise.

The results from the inspections to date remain encouraging and are a positive indication that both employers and employees are generally taking a responsible and proactive approach to compliance with the Protocol.

Covid-19 Pandemic Supports

Questions (404)

Micheál Martin

Question:

404. Deputy Micheál Martin asked the Minister for Business, Enterprise and Innovation if she has concerns regarding the uptake by businesses of recently announced schemes. [10639/20]

View answer

Written answers

My Department has introduced a wide range of supports for businesses as the current crisis has evolved.  It is important to note that many businesses are not yet open or may be availing of forbearance measures from their banks. I am satisfied that micro and SME businesses across the economy are increasingly availing of the supports available as our economy and society reopen and I continue to keep all schemes under review.  I publish the data on the take-up of schemes on a weekly basis and the data is available at the following link to my Department's website:

https://dbei.gov.ie/en/Publications/Publication-files/Take-up-of-DBEI-COVID-19-Business-Supports.pdf  

Details of the main schemes are set out as follows.

The Covid-19 Loan, available from Microfinance Ireland (MFI), was introduced as a support to microenterprises to help them access funding arising from the Covid-19 crisis. MFI has seen unprecedented levels of interest in this loan facility with loan approvals of €13,698,405 in the 12 weeks since the scheme commenced. This is over double the total value of loans approved in 2019 which was €6 million.  The Covid-19 Loan has supported over 500 Irish micro businesses and thousands of jobs throughout every region of Ireland.   

MFI provides vital support to microenterprises by lending to business that cannot obtain loans from other commercial lenders.  It lends to business that do not meet the conventional risk criteria applied by commercial lenders and applies interest rate charges for its lending which are not reflective of its credit risk.  This funding has provided a life-line to microenterprises struggling to cope with the economic circumstances arising from the Covid-19 crisis and will be of great assistance as these businesses re-enter the market place.

These loans are available for eligible microenterprises responding to Covid-19-related difficulties, the negative impact of which must be a minimum of 15% of actual or projected income or profit.  Loans up to €50,000 are available with interest rates of between 4.5% and 5.5% with terms that include a six months interest free and repayment free moratorium.

The SBCI Covid-19 Working Capital Scheme [Covid-19 WCS] is offered by my Department in cooperation with the Department of Agriculture, Food and the Marine, and is supported by the European Investment Fund through its InnovFin SME Guarantee facility. The scheme is operated by the SBCI and offered through participating finance providers.

The scheme is open to eligible SMEs and small mid-caps (businesses of up to 499 employees) that have been negatively impacted by issues arising from the outbreak of Covid-19. Loans under the scheme range from €25,000 to €1.5m and are for periods of up to three years. Loans are offered at favourable terms, for example, the maximum interest rate under the scheme is 4% and loans of up to €500,000 are available unsecured. Uptake of the scheme to date has been positive and engagement with the participating finance providers indicates that more businesses are engaging with the application process as they seek approval for lending under the scheme.

Work is also underway on a significant expansion to the scheme to ensure that there is adequate financing available to businesses, as they seek to make the necessary adjustments to their operations to facilitate a return to trading as we progress through the phased reopening of the economy.

The Business Continuity Voucher scheme was launched on 26 March. This Voucher provided up to €2,500 in consultancy costs, to develop short and long-term strategies to respond to the initial pandemic and to plan for the eventual recovery and reopening of the economy. The scheme was a resounding success in terms of uptake, the product of it being an appropriate support for that point in time. The Local Enterprise Offices (LEOs) will continue to work with existing applicants and recipients of vouchers and their subsequent business continuity plans. The awarding of vouchers will naturally taper off in the coming weeks as the LEOs process the outstanding applications.

The Trading Online Voucher Scheme is funded by the Department of Communications Climate Action and Environment and delivered nationwide in partnership with my Department, Enterprise Ireland and the 31 LEOs. The Scheme offers skills training, mentoring and financial support of up to €2,500 to help small and micro-businesses to develop their e-commerce capability. New flexibilities to the Scheme were introduced in April including reducing the requirement for co-funding from 50% to 10% and allowing businesses to apply for a second voucher of up to €2,500 where they have successfully utilised their first one.

On the 8th of June the Government announced additional funding of €14.2m for the Scheme bringing the total funding allocation in 2020 to €19.8m. This additional funding will allow LEOs to approve additional vouchers to successful applicants. There has been a positive response to these changes and significant uptake of the Scheme.   

Enterprise Ireland, on behalf of my Department has also launched a new suite of Covid-19 supports; these are:

Sustaining Enterprise Fund: This €180 million fund will provide support to eligible manufacturing and internationally traded services companies employing 10 or more employees who have been impacted by a 15% or more reduction in actual or  projected turnover or profit, and/or have a significant increase in costs as a result of the Covid-19 outbreak. The fund provides financial assistance in the form of repayable advances of up to a maximum of €800,000 per company.  This fund also provides a €25,000 to €50,000 short-term working capital injection to eligible smaller companies to support business continuity and strengthen their ability to return to growth and be trading strongly in three years time.

Covid-19 – HPSU Fund (SEF– HPSU): This fund is aimed at EI High Potential Start-Up companies which, due to the Covid-19 pandemic are facing delays to projected sales growth and whose  fundraising plans are significantly impacted or stalled. Under this fund, HPSUs can apply for co-investment of €50,000 per undertaking  in the form of equity or convertible debt instruments.

In addition to this fund Enterprise Ireland has launched the following supports:

Covid-19 Business Financial Planning Grant: A €5,000 grant for eligible companies to work with third party consultants to prepare a detailed financial plan with forecasts and assumptions. 337 applications have been received for Covid-19 Business Financial Planning Grant.

 Lean Business Continuity Voucher: A €2,500 voucher for eligible companies to access training or advisory services support related to the continued operation of their business during the current pandemic. 156 applications have been received for the LEAN Business Continuity Voucher.

 Covid-19 Online Retail Scheme is a grant for retail companies with greater than 10 employees to develop a more competitive online offer.  This competitive call has a budget of €2 million. Successful applicants will receive funding support of up to 80% of project costs, with a maximum grant of €40,000.

Most recently, the Government launched the Restart Grant which provides direct grant aid to micro and small businesses. The grant of between €2,000 and €10,000 provides a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers.  It is administered through the local authorities.

I will continue to keep the take up of supports under review and we will adjust and develop new measures as the economy continues to reopen. 

Question No. 405 answered with Question No. 403.

Employment Rights

Questions (406)

Bernard Durkan

Question:

406. Deputy Bernard J. Durkan asked the Minister for Business, Enterprise and Innovation the position in terms of employee rights in the case of a construction worker (details supplied); and if she will make a statement on the matter. [11501/20]

View answer

Written answers

The Workplace Relations Commission (WRC) is mandated to secure compliance with Ireland’s employment, equality and industrial relations legislation. It is an independent statutory body under the aegis of my Department.  The WRC’s core services include the provision of early resolution, mediation, conciliation, facilitation and advisory services, adjudication on employment and equality complaints and the monitoring of employment conditions to ensure the compliance and enforcement of employment rights legislation.

The Customer Service Section of the WRC provides information in relation to the rights and obligations under employment rights legislation. It can be contacted at Lo-call: 1890 808090. The WRC’s website also provides information and a facility to make on line complaints. Complaints in relation to contraventions of, and disputes as to entitlements under, employment, equality and equal status legislation may be presented/referred to the Director General of the WRC. The website can be accessed at www.workplacerelations.ie. If an employee considers that their employment rights have been infringed, it is up to the individual involved, if he or she so wishes, to lodge a complaint with the WRC.

Covid-19 Pandemic

Questions (407)

Holly Cairns

Question:

407. Deputy Holly Cairns asked the Minister for Business, Enterprise and Innovation the systems in place to ensure supermarkets and other retail spaces are adhering to Covid-19 guidelines. [11541/20]

View answer

Written answers

The national Return to Work Safely Protocol can be used by all workplaces to adapt their workplace procedures and practices to comply fully with the Covid-19 related public health protection measures identified as necessary by the HSE and the Department of Health.  It is operating in parallel with existing workplace health and safety statutory requirements. The Protocol sets out in very clear terms for employers and workers in all business sectors the steps that they must take both before a workplace reopens and on an ongoing basis.

 The Health and Safety Authority is the lead agency in monitoring adherence to the national Return to Work Safely Protocol and has deployed its inspector resources to carry out workplace inspections. The Health and Safety Authority inspectorate is being supplemented significantly by deploying, other inspectors from across the system who already have an environmental health, agriculture or other workplace/business inspection responsibilities. These resources are being drawn from the Workplace Relations Commission, the Department of Agriculture, Food and the Marine and the cohort of Environmental Health Officers and will result in an additional 500 inspectors checking compliance with the Protocol as part of their normal inspection programme.

 The Health and Safety Authority has produced templates and checklists for employers, employees and worker representatives to help them adhere to the Protocol. These are available on www.hsa.ie.

Separately, the National Standards Authority of Ireland produced guidelines for the retail sector, which includes supermarkets, at an early stage in the Government’s management of the pandemic back in April.  More recently, the NSAI has just produced further guidelines specifically for the reopening of shopping centres. The NSAI Covid-19 Shopping Centre Recovery and Protection Guide addresses risks to workers and the public and will help business owners implement the mandatory Return to Work Safely Protocol that applies to all workplaces across the economy. The document can also be used to help, maintain and improve a shopping centres ability to protect against, prepare for, respond to and recover from Covid-19 related disruptions. It is available from www.nsai.ie.

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