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Tuesday, 30 Jun 2020

Written Answers Nos. 259-286

School Transport

Questions (259)

Gary Gannon

Question:

259. Deputy Gary Gannon asked the Minister for Education and Skills the school transport that will be available for students in September 2020; and the guidelines for transport for students with additional needs. [13671/20]

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Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education and Skills.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

In the current school year over 120,000 children, including over 14,200 children with special educational needs, are transported in over 5,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres at a cost of over €219m in 2019.

With regard to the re-opening of schools for the 2020/21 academic year, my Department is currently engaging intensively with Bus Éireann, the Department of Transport, Tourism and Sport and the National Transport Authority on the logistical considerations that arise from public health advice in planning for the reopening of schools.  The operation of school transport services in September 2020 will be informed by the outcome of this planning for re-opening schools. 

English Language Training Organisations

Questions (260)

Cormac Devlin

Question:

260. Deputy Cormac Devlin asked the Minister for Education and Skills the measures being taken to protect foreign language schools in the wake of the Covid-19 pandemic; and if she will make a statement on the matter. [13680/20]

View answer

Written answers

My Department is conscious of the issues in the English language education sector arising from the Covid-19 outbreak and has established a specific Working Group for this sector. This group is comprised of representatives of relevant Government Departments and representatives of both students and English language education providers.

As part of this process, the representative bodies for English language education providers have engaged with the Working Group surrounding their proposals for supports to aid the recovery of this sector.  In this forum, the providers have been advised of the measures introduced by Government, as part of the wider Covid-19 response, to support and protect businesses at this time. These measures include the temporary wages subsidy scheme to facilitate employers to keep employees on the payroll throughout the Covid-19 pandemic in order to retain this link for when business increases after the crisis. This scheme is administered by the Revenue Commissioners and is available to providers in the English language education sector. Additionally for those staff in this sector who have lost their jobs because of the pandemic, they are eligible to apply for the Government’s Covid-19 Pandemic Unemployment Payment. 

Further to the above, the provider representatives have been advised of the eligibility of businesses in this sector to apply, where appropriate, for further business supports made available by the Department of Business, Enterprise and Innovation via Enterprise Ireland and through its network of Local Enterprise Offices.  A full list of these supports and related information is available for providers here: https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.

My Department will continue to engage with provider representatives as we move forwards and the sector re-opens.

Special Educational Needs

Questions (261)

Cormac Devlin

Question:

261. Deputy Cormac Devlin asked the Minister for Education and Skills the progress of the July provision; if it will be made mandatory for schools which cater for persons with special needs to provide the programme; and if she will make a statement on the matter. [13681/20]

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Written answers

My Department published details of Summer Provision 2020 – Reconnecting with Education including a programme for children with complex special educational needs.

The programme is a significant expansion on the July Provision programme of previous years with the eligibility criteria widened to include approximately 9,000 additional primary aged children with complex needs.

All special schools and primary schools with special classes are invited to provide the school based summer provision for their students.  This programme will run for a minimum of two weeks and can extend up to four weeks where the schools, teachers and Special Needs Assistants are willing to participate.

The programme is reliant on schools, teachers and Special Needs Assistants (SNAs) choosing to participate on a voluntary basis.

It is therefore a matter for the Board of Management of the school having regard to the resources available whether or not it will participate in the programme.  

My Department does intend to make participation in the summer programme mandatory.

To date 231 have indicated they intend to provide the school based summer provision.

Home-based provision is available where a child’s local school is not providing a programme or does not have the capacity to accommodate a child in a planned programme this year.

In this situation my Department will provide grant funding towards the engagement by Parents of a registered teacher / SNA to provide home based support for 10 hours a week for 4 weeks.

A dedicated online registration system for families of children with complex special needs to access Summer Provision is now available on Gov.ie/summerprovision .

Parents are asked to register their participation online, providing some outline information of the extent of their participation in the programme e.g. number of weeks.

Once registered, the parent is then free to plan and organise the programme for their child by consulting with the guidance on my Departments website.

A programme for DEIS schools for this Summer was also announced.

Full information on summer provision and its various strands, including guidance information for parents, is available at Gov.ie/summerprovision.

Questions Nos. 262 to 265, inclusive, answered with Question No. 177.

Special Educational Needs

Questions (266)

Martin Heydon

Question:

266. Deputy Martin Heydon asked the Minister for Education and Skills the schemes or supports available to assist primary schools to purchase resources and reading materials for children with special education needs; and if she will make a statement on the matter. [13699/20]

View answer

Written answers

This Department provides a book grant to all recognised primary and post primary schools within the Free Education Scheme in order to provide assistance for books including Book Rental Schemes. Under this scheme, the Department provided funding of €16.9 million in 2019 to all of these schools. 

Additional funding of €1million which is being allocated to 102 Primary DEIS schools for a new pilot programme for the 2020/21 school year.   The aim of this pilot is to provide free school books for students in the schools involved, and to support these schools in eliminating the cost of school books for parents. Under Circular 46/2013, DEIS schools receive a book grant of €21 per student.  This pilot will provide an additional €64 per student to increase the overall book grant rate to €85 per student enrolled in the school.  This additional funding issued to schools in May 2020.  

A range of supports and guidance have also been provided for schools to assist schools in providing for the education for children with special educational needs during the school closure period. 

Supports are provided to schools and teachers engaged in distance learning and these are available at www.education.ie/en/covid-19/#14.  

In additional to the general guidance that has been provided for schools, additional support material has also been provided specifically on how schools should provide for the continuity of education for children with special educational needs. This guidance is available at:

www.education.ie/en/Schools-Colleges/Information/National-Emergencies-Public-Health-Issues/guidance-continuity-of-schooling-supporting-pupils-with-sen-primary.pdf.

www.education.ie/en/Schools-Colleges/Information/National-Emergencies-Public-Health-Issues/guidance-continuity-of-schooling-supporting-students-with-sen-post-primary.pdf.

The guidance notes that there is a particular need for pupils with special educational needs (SEN) to have regular, ongoing schooling. While all pupils need to be supported to maintain their engagement in learning, those with SEN are among those who need most support at this time. Examples of strategies and measures to ensure that the needs of pupils with SEN are catered for, are provided in the guidance documents and a range of resources are also identified for parents.

It sets out the role of schools and teachers in engaging with pupils with SEN and the role of teachers and school leaders to support such pupils. It advises schools as to how best to keep in touch with parents and guardians and how to keep pupils with SEN safe and engaged in the distance learning environment.

The guidance sets out the role of the special education teacher to support children with special educational needs at this time. It notes that the special education teacher’s knowledge of their pupils’ priority learning needs and agreed targets, as outlined in the pupil support file, will enable them to work with parents and guardians to choose appropriate supports in a remote learning environment.

Special Education Teachers (SETs) are asked to carefully examine how progress on the existing learning targets in student support plans can be reasonably extended by home learning. They are asked to use this knowledge to communicate with the pupils and their parents and guardians and to establish what methods will work best to achieve continuity of learning for the pupils.

The National Council for Special Education (NCSE) is also providing a range of online resources for parents and teachers to support home learning for children with special educational needs during the Covid 19 restrictions.

In addition to the normal supports, the NCSE is providing online resources for children with Special Educational Needs who are at home as a result of the schools’ closure. 

Supports provided include those relating to general learning and difficulties for pupils with SEN, Curriculum support, speech language and communication, occupational therapy support, guidance around behaviour, and learning and resources on ‘Visiting Teachers Support’ for a teacher who teaches children with sensory impairment

Details of the full range of supports that the NCSE provides for teachers and parents is available at:

https://ncse.ie/online-resources. 

The Department of Education and Skills’ NEPS psychologists have also developed advice and resources for young people to manage and stay well when schools are closed. The NEPS advice & resources for keeping children and young people well during Covid-19 are available at https://www.education.ie/covid19/wellbeing/.

Guidelines for continued provision of Guidance Counselling and resources available to support practice is available at www.education.ie/en/Schools-Colleges/Information/Post-Primary-School-Policies/Policies/Guidance-Plan.html.

Guidance for parents of primary school pupils, which sets out what they should expect in relation to engagement in distance learning from schools, and how they can support their child in a home schooling environment is also available at:

www.education.ie/en/Schools-Colleges/Information/continuity-of-schooling/continuity-of-schooling.html.

I also recently announced that a special €10 million fund is being made available to support the purchase of technology and devices for disadvantaged students, including students with special educational needs.

This is additional to the latest round of funding for ICT under the Digital Strategy for Schools whereby €40m grant funding will be distributed in the coming weeks to eligible. €10m additional funding is also now issuing to schools to support children and young people who are at risk of educational disadvantage during the period of school closures.

While recognising the difficulty that school closure has had for parents and pupils, particularly in relation to pupils with special educational needs, my Department will continue to support and encourage schools to provide as much continuity of education as possible for such pupils, while continuing to engage with public health officials and stakeholders in relation to when schools may re-open and operate in a safe manner that is consistent with public health advice.

Pending the wider re opeing of schools, my Department also published on 12th June, 2020, details of a summer programme for children with special educational needs enrolled in special schools, special classes and mainstream classes.  The programme incorporates some aspects of the July Provision of previous years. 

Summer Provision 2020 – Reconnecting with Education, is a significantly expanded programme for children with complex special educational needs which aims to re-establish the child’s relationships and connection with school and their peers as a basis for learning and participation and to help the child to re-engage in learning and social activities and help them adapt to new routines and changes.  The programme aims to ensure, in so far as possible, that the child can reintegrate/transition into their planned education setting for the next school year with their peers.  In-school or home-based supports by teachers and SNAs will help to prevent regression among children with special needs. 

The eligibility criteria has been widened to include the following categories of children:

Pupils with a diagnosis of Autism

Pupils with severe and profound learning difficulties

Any child in a special class or special school

Children transitioning into a special class from early year’s settings

Pupils in primary school mainstream classes who present with the following disabilities:

Children with Down syndrome

Children who are Deaf or most severe hard of hearing

Children who are blind or have a most severe visual impairment

Children who have a moderate general learning disability

Children with severe emotional behavioural difficulties

All special schools and primary schools with special classes are invited to provide the school based summer provision for their students.  This programme will run for a minimum of two weeks and can extend up to four weeks where the schools, teachers and Special Needs Assistants are willing to participate. 

Home-based provision will be available where a child’s local school is not providing a programme or does not have the capacity to accommodate a child in a planned programme this year. In this situation my Department will provide grant funding towards the engagement by Parents of a registered teacher / SNA to provide home based support for 10 hours a week for 4 weeks.

The programme will be reliant on schools, teachers and Special Needs Assistants (SNAs) choosing to participate on a voluntary basis. 

A dedicated online registration system for families of children with special needs to access Summer Provision is now available on Gov.ie/summerprovision.

Parents are asked to register their participation online, providing some outline information of the extent of their participation in the programme e.g. number of weeks.

Once registered, the parent is then free to plan and organise the programme for their child by consulting with the child’s school and securing the services of a teacher or SNA. 

Full information on the scheme and its various strands, including guidance information for parents, is available at Gov.ie/summerprovision.

School Staff

Questions (267)

Bernard Durkan

Question:

267. Deputy Bernard J. Durkan asked the Minister for Education and Skills if she will review the decision to refuse the provision of extra teaching staff to a school (details supplied); and if she will make a statement on the matter. [13702/20]

View answer

Written answers

The criteria used for the allocation of teaching posts is published annually on the Department website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September.

There is no change to the staffing of the school referred to by the Deputy for the 2020/21 school year. 

The staffing schedule operates in a clear and transparent manner and treats all similar types of schools equally irrespective of location. The staffing schedule includes an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Appeals Board. The appeal from the school submitted by the Deputy was considered by the Primary Staffing Appeals Board and deemed ineligible as the appeal did not meet the criteria published in Circular 18/2020. The Primary Staffing Appeals Board is independent of the Department and its decision is final.

School Staff

Questions (268)

Bernard Durkan

Question:

268. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which adequate provision can be made in respect of teaching staff levels at a school (details supplied); if her attention has been drawn to the possibility of the loss of a teacher and the negative consequences arising therefrom; and if she will make a statement on the matter. [13704/20]

View answer

Written answers

The National Council for Special Education (NCSE) is responsible for determining the appropriate staffing levels in relation to the support of pupils with special educational needs in special schools, in accordance with the policies of my Department.

Staffing arrangements for special schools are in line with policy advice provided by the NCSE in 2013, which did not recommend alteration to staffing ratios established under the Special Education Review Committee (SERC) Report in 1993. 

Enhanced pupil teacher and SNA ratios are provided to special schools to support them in dealing with pupils' educational and care needs.

Since 2012, special schools are staffed on the basis of individual pupil profile and the disability categorisations of those pupils, as opposed to being based primarily on school designation, in accordance with my Department's molst recent Circular 0032/2019 - Appointment of Administrative Deputy Principal and Staffing in Special Schools.

Special school staffing alloctions are reviewed and updated each year by the NCSE and special schools are staffed on the basis of each year’s current school enrolments.  

The NCSE are currently undertaking policy advice on the educational provision that should be in place for students educated in special schools and special classes. This policy advice will make recommendations on the provision required to enable students in special schools and classes achieve better outcomes. 

The NCSE have been asked to complete and submit its report to the Minister not later than December 2020. There will be no change to the staffing arrangements currently in place in special schools, pending the receipt and consideration of this policy advice.

The NCSE recently published their staffing allocation for 2020-21, and this is available on their website at www.ncse.ie. 

The NCSE is continuing to engage with this school on the matter of their staffing allocation for 2020-21.

Maternity Leave

Questions (269, 273, 275, 289)

Seán Haughey

Question:

269. Deputy Seán Haughey asked the Minister for Justice and Equality if she will extend maternity leave for mothers in view of the difficulties they experienced due to Covid-19; and if she will make a statement on the matter. [12871/20]

View answer

Matt Carthy

Question:

273. Deputy Matt Carthy asked the Minister for Justice and Equality if consideration will be given to an additional twelve weeks maternity leave for those that have been on such leave during the Covid-19 restrictions; and if she will make a statement on the matter. [13440/20]

View answer

Patricia Ryan

Question:

275. Deputy Patricia Ryan asked the Minister for Justice and Equality when maternity leave will be extended by three months. [13719/20]

View answer

James Browne

Question:

289. Deputy James Browne asked the Minister for Justice and Equality if she will review the need to extend maternity benefit; and if she will make a statement on the matter. [12948/20]

View answer

Written answers

I propose to take Questions Nos. 269, 273, 275 and 289 together.

I am conscious of demands on parents at this time and hope that the additional measures to support working parents that we have introduced in recent years, including the new parent’s leave scheme and an extension of parental leave, are helping to ease some of these demands.

As the law now stands, a mother is entitled to paid maternity leave of up to 26 weeks, and up to a further 16 weeks of unpaid leave. Two weeks must be taken before the baby is due, and at least four weeks must be taken after the birth.

Any amendment to the legislation governing the provision of maternity leave, which falls under my responsibility, would require primary legislation. The provision of maternity benefit is under the remit of the Minister for Employment Affairs and Social Protection.

It should be noted too that, in addition to maternity leave, each parent may also avail of two weeks of parent’s leave during the first year of a child’s life and may qualify for parent’s benefit during this period. Parental leave is also available which entitles parents to take unpaid leave from work to spend time looking after their children. Parents can take up to 22 weeks of parental leave for each eligible child before their 12th birthday.

Consideration is being given currently to all issues.

On 29 May the Minister for Finance announced changes to the Temporary Wage Subsidy Scheme to accommodate the salaries of parents returning from maternity or adoptive leave. The changes are aimed at individuals who may not have been on the payroll of their employer on 29 February, or been paid in either January or February 2020 and will allow for consistent treatment with other employees. The amendment will be legislated for later in the year as part of the usual Finance Bill 2020 process, but in the interim Revenue has agreed to provide a facility to accommodate such cases. Although expected to be implemented on the 12th June, Revenue launched a new process on Monday 8th June which allows employers to include employees returning to employment after a period of paternity, parental or related unpaid leave or were in receipt of Health and Safety Benefit, Parent’s Benefit or Illness Benefit paid by the Department of Employment Affairs and Social Protection (DEASP). Employers who wish to access the Temporary Wage Subsidy Scheme on behalf of eligible employees covered by these changes can do so by completing a short form available for download via MyEnquiries in Revenue’s Online Service (ROS). The relevant details that employers will need to provide to Revenue include current contractual gross pay, pay frequency, normal PRSI class, type of leave the returning employee availed of and the date of return to work. Any retrospective subsidy payments due to impacted employees will be processed by Revenue in due course. This retrospection will apply from 26 March 2020, the date of return to employment or the date the employer was registered for the scheme, whichever is the latest.

Departmental Regulations

Questions (270)

Niall Collins

Question:

270. Deputy Niall Collins asked the Minister for Justice and Equality if she will advise on an issue raised in correspondence (details supplied); and if she will make a statement on the matter. [13073/20]

View answer

Written answers

The National Vetting Bureau conducts vetting in accordance with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016. Vetting is an operational matter for the Garda authorities and neither I as Minister nor the Department of Justice and Equality have a role in these matters.

I have requested information on the matter referred to by the Deputy and will write directly to him when it is received.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 270, which was for answer on 30 June 2020, where you asked if I will advise on an issue raised in correspondence from the Association of Pet dog Trainers Ireland. As you may recall, the information you requested could not be obtained in the time available and I undertook to contact you again when the information was to hand.
As you are aware, the matters raised in question 270 were fully addressed in Parliamentary Question Number 914 on the 8 September 2020. However, for completeness, please note the following;
As you are aware, the National Vetting Bureau conducts vetting in accordance with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016. Vetting is an operational matter for the Garda authorities and neither I, as Minister, nor the Department of Justice and Equality have a role in these matters.
I am advised by the Garda authorities that records at the Garda National Vetting Bureau (GNVB) indicate that correspondence was received from the organisation in question on 13 February 2018 enquiring about registration with the Garda National Vetting Bureau for vetting services.
The GNVB replied to this enquiry on 13/2/2018, detailing the process for making an Application for Registration and enclosed an Application form for Registration with the GNVB. GNVB Records indicate that the GNVB have not received a reply to the correspondence of the 13/02/2018.
The Garda authorities advise that no additional correspondence has been received at the Garda National Vetting Bureau from the Association of Pet Dog Trainers Ireland since the 8 September 2020.
This being the case, I am informed that no determination has been made by the GNVB regarding the registration of the organisation in question.
I trust this information is of assistance.

Road Traffic Offences

Questions (271)

Michael Healy-Rae

Question:

271. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding speeding detection fines; and if she will make a statement on the matter. [13263/20]

View answer

Written answers

I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 271 which was for answer on the 30 June 2020, in which you asked for the location of GoSafe vans by County; How much money was collected from fines following speeding detections from GOSafe Vans across Ireland; How many fines were issued in each County and what that equates to in monetary terms.
As you may recall, the information you requested could not be obtained in the time available and I undertook to contact you again when the information was to hand. The requested information has now been provided by An Garda Síochána.
It is important to note that the Garda Commissioner is by law responsible for the management and control of An Garda Síochána. This includes responsibility for all Garda operations, and as Minister I have no role in these matters.
GoSafe safety cameras are operated by trained GoSafe personnel using a range of vehicles. I am advised by the Garda authorities the Garda National Traffic Bureau (GNTB) decides on the locations where the speed cameras will operate and that the safety cameras operate in locations where fatal, serious and minor collisions have occurred. The cameras operate 24 hours, 7 days a week.
I am informed by the Garda authorities that the table appended to this letter sets out the number of fixed charge notices issued for non-intercept (Go Safe) speed detections from January 2019 to May 2020 by Garda Division.
I am further informed by the Garda authorities that An Garda Síochána are not in a position to provide these figures in monetary terms.
I trust this information is of assistance.
Appendix:
Number of fixed charge notices issued for non-intercept (Go Safe) speed detections from January 2019 to May 2020 by Garda Division

Divisions

Fixed Charge Notices Issued

Fixed Charge Notices Paid

% Paid

Cavan/Monaghan

3558

2829

80%

Clare

2575

1968

76%

Cork City

3400

2739

81%

Cork North

2572

2064

80%

Cork West

4354

3611

82%

DMR East

3415

2853

84%

DMR NC

811

639

79%

DMR North

7215

5828

80%

DMR SC

3205

2616

82%

DMR South

1131

835

74%

DMR West

5315

3946

74%

Donegal

2037

1629

80%

Galway

7073

5734

81%

Kerry

3074

2431

79%

Kildare

12820

10317

80%

Kilkenny/Carlow

3125

2494

80%

Laois/Offaly

3360

2633

78%

Limerick

6969

5431

78%

Louth

1330

991

75%

Mayo

3158

2586

82%

Meath

4077

3232

79%

Roscommon/Longford

2448

1910

78%

Sligo/Leitrim

1689

1413

84%

Tipperary

2387

1849

77%

Waterford

3807

3063

80%

Westmeath

2987

2459

82%

Wexford

3953

3145

80%

Wicklow

3881

3097

80%

TOTAL

105726

84342

80%

Carer's Leave

Questions (272)

Niamh Smyth

Question:

272. Deputy Niamh Smyth asked the Minister for Justice and Equality if there is leave to allow family members to take off work in circumstances (details supplied); and if she will make a statement on the matter. [13338/20]

View answer

Written answers

The main purpose of the Carer’s Leave Act 2001 is to provide an entitlement for an employee to avail of unpaid leave from his/her employment to enable him/her to personally provide full-time care and attention for a person who is in need of such care. The period of leave to which an employee is entitled is subject to a maximum of 104 weeks in respect of any one care recipient and the minimum statutory entitlement is 13 weeks. An employer may refuse, with good reason, an application for carer's leave for a period of less than 13 weeks.

A person availing of carer’s leave may also qualify for Carer’s Benefit or Carer’s Allowance. The payment of benefits is a matter for the Minister for Employment Affairs and Social Protection.

There are no plans at present to amend the provisions of the Carer's Leave Act.

In certain limited circumstances force majeure leave may also be available.

Employees and employers should engage to ensure that sufficient flexibility is shown to manage both work life balance and business needs at this time.

Question No. 273 answered with Question No. 269.

EU Directives

Questions (274)

Cormac Devlin

Question:

274. Deputy Cormac Devlin asked the Minister for Justice and Equality when the 5th EU Anti-Money Laundering Directive will be transposed here; and if she will make a statement on the matter. [13674/20]

View answer

Written answers

As the Deputy will be aware, on 30 May 2018 the European Parliament adopted Directive EU 2018/849, the 5th EU Anti-Money Laundering Directive (5AMLD). The Directive is available at the following link https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018L0843.

This Directive extends the rules on the use of virtual currencies, clarifies the requirements for the beneficial ownership register introduced by 4AMLD, places stricter requirements on the use of e-money products, and further clarifies the minimum enhanced due diligence protocol when conducting financial transactions with persons in high-risk third countries.

The legislation is technical and complex and the 18 month transposition period provided for in the Directive is shorter than the period which would normally be applied for similar instruments.

However work on transposition of this Directive is well advanced, with both my Department and the Department of Finance providing for transposition measures in our respective areas of competence.

The previous Government, in January 2019, approved the drafting of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill. The General Scheme of the Bill is available on my Department's website at the following link: www.justice.ie/en/JELR/Pages/General_Scheme_-_Criminal_Justice_(Money_Laundering_and_Terrorist_Financing)_(Amendment)_Bill_2019.

While my Department is working on this Bill to transpose certain elements of the Fifth EU Anti-Money Laundering Directive, it should be noted that the Department of Finance is also engaged in giving effect to certain provisions of the Directive, including those relating to:

- facilitating increasing transparency on who really owns companies and trusts by establishing beneficial ownership registers;

- ensuring the creation of, and access to, centralised national bank and payment account registers or central data retrieval.

Further information in that regard can obtained from the Department of Finance.

Question No. 275 answered with Question No. 269.

Citizenship Status

Questions (276)

Éamon Ó Cuív

Question:

276. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of persons granted citizenship in each year of the past five years at the absolute discretion of the Minister based on their ancestors having strong ties to Ireland; and if she will make a statement on the matter. [12707/20]

View answer

Written answers

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Statistics are not compiled in such a manner as to identify those applications where a certificate of naturalisation for citizenship has been granted on the basis of Irish association. The retrieval of this data would require a case by case examination of applications received during the timeframe specified and would represent a significant diversion of resources from day to day processing. However, I can say that there are currently 267 Irish association cases under active consideration by my Department.

It is open to an applicant to apply under Section 16(a) of the 1956 Act where the applicant is of Irish descent or has Irish association. Under the legislation a person is of Irish association if they are related by blood, affinity or adoption to a person (living or deceased) who is or was an Irish citizen or entitled to be an Irish citizen. A civil partner of such a person may also qualify.

In such cases, the conditions for naturalisation set out under Section 15 of the Act, including residency requirements, may be waived on a discretionary basis. The onus is on the applicant to provide sufficient evidence of Irish descent or Irish association.

Direct Provision System

Questions (277, 278)

Jim O'Callaghan

Question:

277. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the procedures in place and the efforts made to ensure that direct provision accommodation centres are in compliance with planning laws and with fire and safety regulations; and if she will make a statement on the matter. [12713/20]

View answer

Jim O'Callaghan

Question:

278. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if her Department carries out assessments and investigations of direct provision accommodation centres to ensure they are in compliance with planning laws and with fire and safety regulations at the time the tender is awarded and after that time; and if she will make a statement on the matter. [12714/20]

View answer

Written answers

I propose to take Questions Nos. 277 and 278 together.

All requests for tender, issued on behalf of my Department for accommodation for international protection applicants, require bidders to comply with the relevant regulations and the associated Technical Guidance Documents where applicable, including but not limited to the following;

- Building Control Acts 1990 and 2007

- Building Regulations 1997 to 2017

- Building Control Regulations 1997 to 2009

- Housing Acts 1966 to 2004

- Planning and Development Acts 2000 to 2005

- Fire Services Acts 1981 and 2003

- Any statutory modification or re-enactment of same

Each premises must hold, or have the capability to obtain, the following certification;

- Fire Safety Certificate;

- Certificates of Design, Installation, Commissioning and Handover for the Fire Alarm System, as per IS 3218:2013 or equivalent. The Fire Alarm shall meet the requirements of an L1, LD1 or LD2 type system as appropriate;

- Certificates of Design, Installation, Commissioning and Handover for the Emergency Lighting System, as per IS 3217:2013, or equivalent;

- Safe Electric test sheet/certification of electrical installation.

- Certificate and Opinion of Compliance with the Fire Services Acts 1981 and 2003.

It is also part of the contracts, under our expressions of interest process, that all contractors comply with planning and development legislation, building control regulations as well as fire services legislation. All centres are monitored on an ongoing basis to ensure ongoing compliance.

All accommodation centres under contract to my Department are subject to three unannounced inspections per annum: twice by officials of the Immigration Service of my Department and once by an independent company (QTS Limited). Inspections cover a wide range of issues including fire safety and other health and safety issues.

Any issue identified is communicated in writing to the contractor and the contractor is required to address any issue identified immediately. Officials from the Immigration Service follow up to ensure that relevant issues have been addressed.

As a result of health and safety restrictions with respect to the COVID-19 crisis, it has not been possible to carry out inspections at this time. As soon as the HSE advises that it is appropriate to commence inspections again, the relevant officials in the Immigration Service will resume the inspection process.

While we are unable to carry out inspections at this time, we are in regular contact with our centres through a dedicated communications team from the International Protection Accommodation Service (IPAS). This team undertakes calls with all centre managers across our network of permanent and temporary centres. The calls also ensure that any issues or concerns can be raised without delay for appropriate resolution for the benefit of residents and staff.

Garda Deployment

Questions (279, 280)

Thomas Gould

Question:

279. Deputy Thomas Gould asked the Minister for Justice and Equality the number of road traffic units assigned by Garda district to County Cork in each of the years 2015 to 2019 inclusive; and if she will make a statement on the matter. [12766/20]

View answer

Thomas Gould

Question:

280. Deputy Thomas Gould asked the Minister for Justice and Equality the number of road traffic units assigned by Garda district in County Cork. [12767/20]

View answer

Written answers

I propose to take Questions Nos. 279 and 280 together.

The Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources. This includes responsibility for personnel matters and the distribution of personnel across the various Garda Divisions. As Minister, I have no role in 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. 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.

This total figure includes the Garda trainees from two separate intake classes who attested earlier than scheduled in March 2020, following an operational decision by the Garda Commissioner to augment An Garda Síochána's capacity to respond to the Covid-19 pandemic.

It is important to note that road traffic legislation is enforced as part of the day-to-day duties of all members of An Garda Síochána, as well as through specific enforcement operations.

I am advised by the Garda authorities that the strength of Roads Policing Units on the 31 May 2020, the latest date for which figures are available, stood at 736.

I understand that the Commissioner established the Garda National Roads Policing Bureau to ensure a consistent approach to road safety and enforcement of road traffic legislation across the country. This is achieved through coordination of enforcement and development of policy based on research and analysis of statistics and by engaging in campaigns in partnership with other State agencies.

I understand that in addition to a focus on the lifesaver offences of speeding, seatbelts, mobile phones and driving under the influence, Divisional Roads Policing Units work closely with other relevant Divisional Units to target known criminals and to disrupt their activities through strict enforcement of road traffic legislation.

I am informed by the Garda authorities that there are 6 Roads Policing Units in the Divisions across County Cork.

I am informed by the Garda authorities that as at 31 May 2020 there were 84 Garda members assigned to the Roads Policing across the three Garda Divisions in Co. Cork (33 in Cork City, 27 in Cork North and 24 in Cork West).

I am further informed that for the period referred to by the Deputy (2015-end June 2020), there have been 6 Roads Policing Units in the Garda Divisions in County Cork. I understand these are located in Cork City (at Anglesea Street as a Divisional RPU), Cork North (Fermoy, Mallow, Middleton) and Cork West (at Bandon and Macroom).

Coroners Service

Questions (281)

Mattie McGrath

Question:

281. Deputy Mattie McGrath asked the Minister for Justice and Equality her plans to replace the Coroner in south Tipperary upon their retirement; and if she will make a statement on the matter. [12805/20]

View answer

Written answers

Section 6 of the Coroners (Amendment) Act, 2019 amended Section 11 of the Coroner Act, 1962, to increase the mandatory retirement age for Coroners from 70 to 72. Accordingly, the present Coroner for Tipperary South will retire on June 25th, 2021.

It has been agreed to amalgamate, by way of Section 7 of the Coroners Acts 1962 – 2019, the two Coronial Districts of Tipperary North and Tipperary South with effect from June 25th 2021. On that date, Mr Joseph P Kelly will become Coroner for the newly amalgamated Coronial District of Tipperary.

Garda Stations

Questions (282)

Frank Feighan

Question:

282. Deputy Frankie Feighan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 325 to 329, inclusive, of 16 June 2020, the Garda stations included in the Garda Building and Refurbishment Programme 2016–2021; if new Garda building upgrade projects at stations not originally included in the plan as set out in 2015 have now been included in the plan; the details and cost of these new developments; the estimated total State investment in the overall capital plan; and if she will make a statement on the matter. [12818/20]

View answer

Written answers

The Garda Commissioner is by law responsible for the management and control of An Garda Síochána and for the effective and efficient use of Garda resources. Further, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are therefore progressed by the Gardaauthorities working in close cooperation with the OPW.

I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

Garda Stations

Questions (283, 284, 285, 286)

Frank Feighan

Question:

283. Deputy Frankie Feighan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 325 to 329, inclusive, of 16 June 2020, if she will provide a copy of the letter referenced outlining the decision not to proceed with a new Garda station for Sligo received by her on 2 January 2020; if she will provide a copy of all correspondence between the Garda Commissioner and her on the issue of the new Sligo Garda station as part of the PPP bundle between 1 August 2019 and 18 June 2020; and if she will make a statement on the matter. [12819/20]

View answer

Frank Feighan

Question:

284. Deputy Frankie Feighan asked the Minister for Justice and Equality the cost-benefit analysis conducted by her Department on the decision to divert as planned State funding away from a new Garda station in Sligo and instead to invest in remedial works at the current station instead; and if she will make a statement on the matter. [12821/20]

View answer

Frank Feighan

Question:

285. Deputy Frankie Feighan asked the Minister for Justice and Equality if the decision to invest in the old Garda station in Sligo instead of investing in a new station as originally planned has been future proofed against the future operational needs of An Garda Síochána in Sligo; if the decision took into consideration responsibilities in relation to the Disability Act 2005 and providing disability access of public buildings to staff and the public; the green energy perspective of the decision; and if she will make a statement on the matter. [12824/20]

View answer

Frank Feighan

Question:

286. Deputy Frankie Feighan asked the Minister for Justice and Equality if she will make additional funding available under the Garda Building and Refurbishment Programme 2016–2021 to proceed with the building of a new Garda station in Sligo as originally planned at the site already purchased; and if she will make a statement on the matter. [12828/20]

View answer

Written answers

I propose to take Questions Nos. 283 to 286, inclusive, together.

At the outset it is important to be clear that the Garda Commissioner is by law responsible for the management and control of An Garda Síochána and for the effective and efficient use of Garda resources. Further, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are therefore progressed by the Garda authorities working in close cooperation with the OPW

As set out in the response of the former Minister to Parliamentary Question Nos. 325, 326, 327, 328 and 329 of 16 June 2020, the decision not to proceed with a new Garda station in Sligo, as part of the Garda PPP programme, was made by the Garda Commissioner in his capacity as Accounting Officer and as the person responsible, by law, for the allocation of Garda resources. This decision was taken in the context of the significant reorganisation of Garda resources which underpins the new Garda Síochána Operating Model announced by the Garda Commissioner last year.

As part of the reduction of bureaucracy and streamlining of administrative processes in the new Operating Model, the number of Garda Regions and Divisions is being reduced and Sligo Garda Station will be neither a Regional nor a Divisional Headquarters. As a consequence, Garda management has decided that a building of the scale envisaged under the original PPP programme is no longer operationally required in Sligo and the allocation of public funding for such a project can no longer be justified.

This decision was communicated to my Department by letter received on 2 January 2020. The substance of this letter pertaining to Sligo Garda station was outlined to the Deputy in response to Parliamentary Question Nos. 325, 326, 327, 328 and 329 of 16 June 2020.

I am informed that, in order to ensure that there is adequate accommodation to provide an effective Garda policing service in Sligo, the existing Sligo Garda station is undergoing a very extensive refit overseen by the Office of Public Works (OPW). This option has been judged by the Garda authorities to be a more appropriate and much faster way of delivering a modern Garda station, in accordance with its role in the new Garda Operating Model and having regard to the fact that the current location of the station is considered optimum from the operational perspective.

I am informed by the Garda Commissioner that the ongoing upgrade works, which include the provision of new cells and custody management facilities, and future planned additional works, are intended to deliver a modernised Garda station in Sligo.

For the information of the Deputy, the following table, furnished to me by the OPW, details expenditure since 2017 on Sligo Garda Station including both the Garda and the OPW votes.

Year

Expenditure on Sligo Garda Station (combined total, OPW and Garda Votes)

2017

€58,362

2018

€116,117

2019

€711,093

2020

€143,275

As the Deputy will appreciate, this demonstrates the scale of the works which have been underway to ensure that Sligo Garda station is fit for purpose and meets the needs of An Garda Síochána.

The OPW, as the body responsible for the provision and maintenance of Garda accommodation, is responsible for ensuring that public buildings are, as far as practicable, accessible to persons with disabilities. The OPW also has responsibility for ensuring the sustainability and energy efficiency of buildings under its control. The Deputy will appreciate that these are matters in which I have no direct role as Minister for Justice.

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