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Tuesday, 21 Jul 2020

Written Answers Nos. 551-571

Childcare Services

Questions (551)

Jennifer Whitmore

Question:

551. Deputy Jennifer Whitmore asked the Minister for Children and Youth Affairs the number of childcare facilities that have applied for Covid-19 related funding by county; the number of successful applications for each county; the funding granted to childcare facilities in each county; and if he will make a statement on the matter. [17031/20]

View answer

Written answers

My Department announced a major funding package to facilitate the reopening of childcare facilities from 29 June, which includes two Covid-19 funding programmes for services which are reopening, the Reopening Support Payment, and the Covid-19 Re-opening capital grant, in addition to the resumption of DCYA funding programmes and a continuation of the TWSS.

Figures are set out below for the reopening support payments and the capital grants, on a county basis.

Re-opening Support Payment, details as of 17 July 2020.

County

-

-

Kilkenny

50

49

€199,192.00

Laois

52

52

€200,000.00

Leitrim

24

24

€85,000.00

Limerick

106

105

€371,364.00

Longford

17

17

€92,500.00

Louth

61

61

€223,833.00

Mayo

69

68

€186,153.00

Meath

116

115

€424,000.00

Monaghan

36

35

€163,461.00

Offaly

37

37

€126,000.00

Roscommon

36

36

€139,961.00

Sligo

44

44

€180,670.00

Tipperary

98

98

€374,419.00

Waterford

51

51

€199,000.00

Westmeath

45

44

€185,213.00

Wexford

77

77

€299,107.00

Wicklow

92

92

€254,508.00

Totals

2,391

2,376

€8,853,235.00

The number of childcare facilities that have applied for the Covid-19 Capital Grant, the number of successful applications and the funding granted per county are:

County

Capital Applications Submitted

Capital Applications Approved

Capital

Total Paid

Carlow

38

38

€133,500.00

Cavan

50

50

€173,500.00

Clare

94

94

€260,000.00

Cork

274

274

€852,000.00

Donegal

115

115

€362,000.00

Dublin

668

668

€2,187,000.00

Galway

180

180

€553,500.00

Kerry

87

87

€284,000.00

Kildare

104

104

€362,500.00

Kilkenny

57

57

€185,500.00

Laois

62

62

€187,500.00

Leitrim

28

28

€92,000.00

Limerick

128

128

€414,000.00

Longford

25

25

€94,000.00

Louth

74

74

€244,000.00

Mayo

84

84

€236,000.00

Meath

142

142

€457,500.00

Monaghan

39

39

€150,500.00

Offaly

43

43

€136,000.00

Roscommon

35

35

€113,000.00

Sligo

49

49

€155,500.00

Tipperary

123

122

€364,500.00

Waterford

60

60

€196,000.00

Westmeath

49

49

€178,500.00

Wexford

80

80

€277,500.00

Wicklow

114

114

€317,500.00

Totals

2,802

2,801

€8,967,500.00

There are still a number of applications at draft stage which applicants have not yet submitted. The details above lists those submitted, approved and paid as at 17/07/2020.

Childcare Services

Questions (552)

Jennifer Whitmore

Question:

552. Deputy Jennifer Whitmore asked the Minister for Children and Youth Affairs the details of his plans for the establishment of childcare Ireland as outlined in the Programme for Government; and if he will make a statement on the matter. [17045/20]

View answer

Written answers

Under the Programme for Government, there is a commitment to establish a dedicated agency, Childcare Ireland. The Government envisages that Childcare Ireland will assist in expanding high quality childcare, best practice and innovation in community and private childcare settings.

In 'First Five, the Whole of Government Strategy for Babies, Young Children and their Families', published in November 2018, my Department committed to complete a review of the operating model for Early Learning and Care (ELC) and School Age Childcare (SAC) in this country.

The existing operating model operates across many levels, and includes organisations such as Pobal, 30 City/County Childcare Committees (CCCs), and 7 National Voluntary Childcare Organisations (NVCOs) which are funded by my Department to carry out a range of administrative, operational, communications, and quality improvement and training functions in relation to ELC and SAC services.

The ultimate objective of the proposed review is to ensure the operating system is equipped to implement Department of Children and Youth Affairs (DCYA) policy to the standards required. It is hoped that the final system will support high quality, accessible and affordable ELC and SAC services to children and families through the efficient and effective administration of a number of programmes, schemes, quality initiatives, and other functions such a compliance and communications. The operating model resulting from the review should better support service providers, operate transparently and accountably, provide value for money to the Exchequer and demonstrate good governance. The model would enable appropriate linkages and effective working relationships with all other agencies and Departments charged with delivering better outcomes for children and families.

My Department hopes to begin work on the review shortly and will engage with all relevant stakeholders during the process. It is envisaged that the analysis carried out through the review will ultimately provide a robust evidence base to inform a decision by Government on how best to establish Childcare Ireland.

Childcare Services

Questions (553)

Emer Higgins

Question:

553. Deputy Emer Higgins asked the Minister for Children and Youth Affairs if there is a policy by which children cannot attend crèches if their temperature is above a certain level; if they must stay away from the crèche for a duration of time as a result; and if he will make a statement on the matter. [17228/20]

View answer

Written answers

Expert guidance on the safe reopening of childcare services during the COVID-19 pandemic was published by the HSE Health Protection Surveillance Centre (HPSC) on Friday, 29 May. The HPSC guidance clearly states that parents should be advised not to bring their child to the service if they are displaying any of the symptoms of Covid-19 (including high temperature, cough, shortness of breath, or difficulty breathing). In line with HSE guidance, any individual displaying symptoms of Covid-19 should self-isolate immediately and contact their GP. The GP will advise them as to whether testing is required and what steps they should take, including if and when a child may return to an early learning and care or school-age childcare service.

The HPSC guidance also sets out the steps to be taken by childcare services where a child is suspected of having symptoms of Covid-19 (such as a high temperature) while in the service i.e. the child should be isolated from other children, their parent/s should be contacted and asked to collect them and the parent should be advised to contact their GP for further advice. If the child tests positive for Covid-19 the local public health department will make contact with the service and with any close contacts in order to advise them on what steps they need to take.

Question No. 554 answered with Question No. 547.

Childcare Services

Questions (555)

Brendan Smith

Question:

555. Deputy Brendan Smith asked the Minister for Children and Youth Affairs the proposals in place to provide new childcare places in view of some childcare facilities closing and the pressure on childcare places in many parts of the country; and if he will make a statement on the matter. [17450/20]

View answer

Written answers

Services which intend to close must notify the childcare regulator, Tusla. The most recent available data shows that 68 services notified their closure to Tusla year to date, while 17 new services have notified their intent to open a new service. Between January and July 2019, 92 services had indicated their intention to close, so this year’s figures reflect fewer closures than had been indicated.

Experience over the past five years is that that services which close are replaced by new services or by extra places in existing services. The average service has grown in size from 33 children to 47 children. Capacity in the sector has grown year on year for the last 5 years, with a total increase of 60%.

The early learning and care sector reopened on 29 June. Already 80% of the number of services which operated in the summer of 2019 have reopened. My Department is not aware of pressure for childcare places in any specific parts of the country.

If a parent needs assistance in finding a place for their child, they can approach their local CCC for advice on childcare options in their area, including childminders. Contact details of all CCCs can be found on www.myccc.ie.

Childcare Services

Questions (556)

Cormac Devlin

Question:

556. Deputy Cormac Devlin asked the Minister for Children and Youth Affairs the procedures being taken to cease the closure of playgroups across Dublin; and if he will make a statement on the matter. [17428/20]

View answer

Written answers

A key policy priority for my Department is the sustainability of the ELC and SAC sector and it has and continues to work intensively to support services to reopen after COVID-19.

On 10 June 2020, my Department announced a major funding package to facilitate the reopening of early learning and care (ELC) and school-age childcare (SAC) services over the summer months. In accordance with the Government Roadmap for Reopening Society and Business, and guided by the expert advice of the Health Protection Surveillance Centre (HSPC), ELC and SAC services resumed from 29 June. I am pleased that Government committed a €75m package of funding for reopening services over the summer months. This substantial investment recognises the important role that the ELC and SAC sector plays in the societal and economic infrastructure of the country.

The initial reopening funding package aimed to support providers in the initial phase of reopening (from 29 June to 23 August), staff to remain in the sector, parents to resume work, and children to benefit from quality ELC and SAC.

I am now working intensively on a funding package to support the sector for the period beyond 24 August and for the remainder of the year. My officials are working closely with representatives of the sector through the Advisory Group on Reopening to develop an effective and efficient support package, which will be communicated at the earliest opportunity.

It should be noted that a number of supports were available before the COVID-19 pandemic to improve the sustainability of services during normal times, and these remain available now. The Department oversees a Case Management process through which local CCCs and Pobal work together to assess and provide support to early learning and care services experiencing difficulties. Financial supports, which are also accessed through Case Management, are available for community services presenting with sustainability issues following a financial assessment by Pobal. Pobal co-ordinate the overall case management process with the CCC administering initial, and on-going, case management assistance. All services who require support should contact their local CCC in the first instance.

Road Traffic Offences

Questions (557)

Róisín Shortall

Question:

557. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of learner drivers found to be driving unaccompanied in 2019 and in the first six months of 2020; the number who were subjected to a fine; and the number whose vehicles were impounded in tabular form. [16546/20]

View answer

Written answers

I am informed by the Garda authorities that Fixed Charge Notices (FCNs) are issued for learner drivers unaccompanied by a qualified driver. The number of Fixed Charge Notices issued for Learner Drivers unaccompanied by a qualified driver was as follows:

FCNs Issued for Learner Drivers Unaccompanied

Year

FCNs issued

2019

6,145

Jan-June 2020

2,776

The Deputy will be aware that the "Clancy Amendment" seeks to penalise car owners who knowingly allow their vehicles to be used by an unaccompanied learner driver. The new law provides for the owners of these vehicles to be fined and as well as providing the Gardaí with the power to seize vehicles driven by unaccompanied drivers.

I have been informed that the number of vehicle seizures under the Clancy Amendment is as follows:

Vehicles Seized Under Clancy Amendment

Year

Vehicles seized

2019

2,510

Jan-June 2020

1,441

The Courts Service has advised me that the number of unaccompanied learner drivers who were convicted between 01/01/2019 and 30/06/2020 and the number of unaccompanied learner drivers on whom a fine was imposed during that period in the District Court are as follows:

Provisional Learner Driver Unaccompanied by a Qualified Driver

Period

No. of Persons Fined

No. of Persons Convicted

01.01.2019 - 31.12.2019

559

592

01.01.2020 - 30.06.2020

115

117

Direct Provision System

Questions (558)

Eoin Ó Broin

Question:

558. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the number of adults and children remaining in direct provision centres after their leave to remain has been granted for the most recent date available. [16679/20]

View answer

Written answers

As the Deputy will be aware, residents who have been granted an international protection status (refugee status or subsidiary protection status) or a permission to remain have the same access to housing supports and services as Irish and EEA nationals.

My Department has a specific team who work in collaboration with Depaul Ireland, the Jesuit Refugee Service, the Peter McVerry Trust, officials in the Department of Housing, Planning and Local Government, and the City and County Managers Association to collectively support residents with status or permission to remain to access housing options.

Currently, there are some 791 residents in accommodation centres with status or permission to remain in the State. Some 259 of these residents are children.

Since the beginning of the year, a total of 562 people with status or permission to remain have transitioned out of accommodation centres. Approximately 403 of these people moved with the assistance of the services and supports outlined above.

A total of 837 persons with status moved into the community during 2019.

These figures are based on the best information available as of 30 June 2020. The figures change on a daily basis, as more people secure permission to be in Ireland and as people leave the centres. This variation has been particularly marked in the context of the current pandemic.

Court Accommodation

Questions (559)

Patricia Ryan

Question:

559. Deputy Patricia Ryan asked the Minister for Justice and Equality the refurbishments planned to courthouses in south County Kildare, including Portarlington; and if she will make a statement on the matter. [16949/20]

View answer

Written answers

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

In order to be of assistance, I have had enquiries made and the Courts Service has informed me that it does not own any courthouses in south county Kildare and hence has no projects planned. The Courts Service further advised that the only active courthouse in the southern part of Kildare is Athy Courthouse, which is owned by Kildare County Council, and that there is no courthouse in Portarlington.

Parental Leave

Questions (560)

Gary Gannon

Question:

560. Deputy Gary Gannon asked the Minister for Justice and Equality if she will double the extension of paid parental leave to one parent families in order that they have the same level of support as two parent families; and if she will make a statement on the matter. [17010/20]

View answer

Written answers

The Parent’s Leave and Benefit Act 2019 came into effect from 1 November 2019 and allows for two weeks paid leave for each parent within 52 weeks of the birth or placement of their child from that date. This is in addition to leave for parents already in place.

The Parent’s Leave and Benefit Act 2019 provides that parent’s leave can be taken by a relevant parent. A relevant parent is defined in the 2019 Act as:

- A parent of the child

- A spouse, civil partner or cohabitant of the parent of the child

- A parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015

- The adopting parent or parents of a child

- The spouse, civil partner or spouse of the adopting parent of the child (if the parents have not adopted jointly).

- Each member of a married couple of the same sex, a couple that are civil partners of each other, or a cohabiting couple of the same sex.

Parent’s Leave is not transferrable between parents, recognising the importance of equality between men and women with regard to labour market opportunities, treatment at work and their role in bringing up their children.

Parental Leave

Questions (561)

Richard Bruton

Question:

561. Deputy Richard Bruton asked the Minister for Justice and Equality if his attention has been drawn to the fact that parents whose baby was born before the extension of parental leave at the end of 2019 are not eligible for the extension of parental leave announced recently. [17236/20]

View answer

Written answers

In recognition of the particular challenges that mothers and parents have faced during the Covid-19 pandemic, the Government is considering a proposal to advance the extension of Parent’s Leave and Benefit to five weeks for all parents of children born after 1 November 2019, to enable every eligible parent of young children to spend additional time with their child.

At present, Parent’s Leave entitles each parent to 2 weeks’ leave during the first year of a child’s life, or in the case of adoption, within one year of the placement of the child with the family.

The Government proposal would mean that eligible parents of children born during the pandemic crisis will get an extra three weeks of Parent’s Leave to offset the impact of having a child during the strict lockdown measures. The period in which Parent’s Leave can be taken will also be extended from one year to two years. This, and related costs, will be considered as part of the Budget 2021 process. The support is paid at a rate of €245 per week.

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.

Rights of People with Disabilities

Questions (562)

Paul Murphy

Question:

562. Deputy Paul Murphy asked the Minister for Justice and Equality if she will speed up the process of ratification of the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities which Ireland ratified in March 2018; and if she will make a statement on the matter. [17299/20]

View answer

Written answers

The Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities is an international treaty that establishes two procedures aimed at strengthening the implementation and monitoring of the Convention. The first is an individual communications procedure allowing individuals to bring petitions to the Committee claiming breaches of their rights; the second is an inquiry procedure giving the Committee authority to undertake inquiries of grave or systematic violations of the Convention.

The Programme for Government reiterates the commitment to ratify the Optional Protocol after the first reporting cycle. The Government priorities remain focused on addressing the remaining legislative measures to be taken to give full effect to the Convention.

Other priorities are the submission of the CRPD Initial State Report and developing an implementation plan to coordinate implementation of the UNCRPD.

The National Disability Inclusion Strategy is the key framework for policy and action to address the needs of people with disabilities. Through its actions, the strategy supports effective progress in delivering on the obligations set out in the Convention.

Maternity Leave

Questions (563)

Róisín Shortall

Question:

563. Deputy Róisín Shortall asked the Minister for Justice and Equality her views on the situation of women that experience a serious or life threatening illness while on maternity leave and who are not eligible for postponement of their maternity leave during an illness; and if she will make a statement on the matter. [17329/20]

View answer

Written answers

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.

There is provision for a new mother to postpone the period of maternity leave/additional maternity leave (subject to the agreement of the employer) in the event of the hospitalisation of the child. Leave may only be postponed after 14 weeks maternity leave has be taken.

Provisions are in place for a mother who becomes ill during postponed maternity leave which can recommence the maternity leave or move to sick leave. Unpaid maternity leave can also be suspended, with the consent of an employer, if the mother becomes ill during this period. A mother may then qualify for illness benefit. However, the additional maternity leave cannot be taken later.

The provision of maternity benefit is under the remit of the Minister for Employment Affairs and Social Protection.

Ministerial Responsibilities

Questions (564)

Brendan Smith

Question:

564. Deputy Brendan Smith asked the Minister for Justice and Equality the Minister with responsibility for data protection. [17358/20]

View answer

Written answers

The Data Protection Commission (DPC) is the national independent authority responsible for upholding the fundamental right of individuals in the EU to have their personal data protected. The DPC is the Irish supervisory authority for the General Data Protection Regulation (GDPR), and also has functions and powers related to other important regulatory frameworks including the Irish ePrivacy Regulations (2011) and the EU Directive known as the Law Enforcement Directive.

The Data Protection Commission (DPC) is governed by a number of legislative frameworks, as outlined below:

- General Data Protection Regulation (GDPR)

- Data Protection Act 2018

- the “Law Enforcement Directive” (Directive (EU) 2016/680) which has been transposed into Irish law by way of the Data Protection Act 2018

- the Data Protection Acts 1988 and 2003

- the 2011 “ePrivacy Regulations” (S.I. No. 336 of 2011 – the European Communities (Electronic Communications Networks and Services) (Privacy And Electronic Communications) Regulations 2011)

By law, the DPC has always been an entirely independent body in how it delivers its regulatory tasks, including being independent of the Government. The General Data Protection Regulation (GDPR) also requires that the DPC has complete independence.

Immigration Policy

Questions (565)

Gino Kenny

Question:

565. Deputy Gino Kenny asked the Minister for Justice and Equality if she will provide clarity in relation to the process of stamp 4 renewal for persons living outside of Dublin in particular; if she will address the issue of access to locally-based immigration officers which is difficult and or sporadic as a result of the Covid-19 pandemic and the pressure this is placing on employees that need renewals urgently; and if she will make a statement on the matter. [16492/20]

View answer

Written answers

On 16 July 2020, I announced that immigration permissions due to expire between 20 July and 20 August 2020 will be automatically extended for one month. Any permission which was renewed by an earlier notice of 20 March 2020 and 13 May and which therefore has a new expiry date between 20 July 2020 and 20 August 2020 is also renewed. Provided the person otherwise meets the conditions set out in the notices, this exceptional temporary measure also applies to non-nationals currently outside the State. All renewals are on the same basis as existing permissions, and the same conditions will continue to apply.

While it is intended that this will be the final temporary extension of immigration permission, my Department will continue to keep the situation under active review as matters evolve in our national response to the Covid-19 pandemic.

My Department registers persons residing in the Dublin area only. The Garda National Immigration Bureau (GNIB) processes all applications outside of Dublin through the Garda Station network.

After being closed for four months due to COVID-19 restrictions, the Registration Offices operated by An Garda Síochána outside of Dublin are opening on a phased basis in line with the Government Roadmap. Email addresses for each registration office are provided for queries and the arranging of appointments. Further information on the contact details and proposed dates of reopening for all the registration offices outside Dublin is available on http://www.inis.gov.ie/en/INIS/Pages/registration-updates .

Individuals wishing to register or renew their permissions, and who reside outside Dublin, should contact their local Immigration Officer on the email address provided prior to attending at a Garda Station. Please be advised that individuals without an appointment will not be seen.

My Department is providing regular updates on all immigration related matters on the Immigration Service website: http://www.inis.gov.ie/ . A detailed Frequently Asked Questions document on the COVID-19 impact on immigration and international protection can also be found on the website. This document is also regularly updated. I would encourage all immigration applicants to refer to the website for up-to-date information.

Garda Strength

Questions (566)

David Cullinane

Question:

566. Deputy David Cullinane asked the Minister for Justice and Equality the number of inspectors allocated to Waterford Garda division in each of the years 2017 to 2019 and to date in 2020, in tabular form. [16511/20]

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 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 30 June 2020, there are now approximately 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.

Specifically in relation to Waterford, I am informed by the Garda authorities that as at 30 June 2020 there were 376 Gardaí assigned to the Waterford Division. This represents a significant increase of 94 Gardaí in the Division since the end of 2015.

A detailed breakdown of the Garda workforce, including both Garda members and staff, is available on my Department’s website. Detail of Garda deployment for all Garda Divisions, as furnished to me by An Garda Síochána, is available at the following link:

http://www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_June_2020.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_June_2020.xlsx

This information is updated every month with the latest data provided by An Garda Síochána and published on my Department's website, in the interests of transparency and for the convenience of Deputies and the wider public.

Additional information on the Garda workforce, as furnished to me by An Garda Síochána, is available at the following link: http://www.justice.ie/en/JELR/Pages/Garda_Workforce

Information on Garda staff, as furnished to me by An Garda Síochána, is available at: http://www.justice.ie/en/JELR/Pages/Garda_Staff

Departmental Reports

Questions (567)

Neale Richmond

Question:

567. Deputy Neale Richmond asked the Minister for Justice and Equality when the interdepartmental and multiagency review of Ireland’s anti-fraud and anti-corruption structures chaired by a person (details supplied) will report to her; if the report will be published; if so, when it will be published; and if she will make a statement on the matter. [16530/20]

View answer

Written answers

As the Deputy is aware, a review of Ireland’s anti-fraud and anti-corruption structures, chaired by the former DPP Mr James Hamilton, is currently examining the effectiveness of the State’s procedural, legislative and resourcing frameworks for the investigation, prosecution and prevention of fraud and corruption offences. I am advised that the Hamilton Review Group is currently finalising the draft report with a view to its publication in the coming weeks (Quarter 3 2020).

It is important to note that a significant number of bodies have key responsibilities to develop and implement anti-corruption policies, with the competence to prevent, detect, investigate and prosecute corruption spread across An Garda Síochána and a number of other bodies with a mandate to tackle corruption.

These include, inter alia, the Central Bank of Ireland, the Standards in Public Office Commission, local authorities, the Ombudsman, Parliamentary Committees on Members' Interests, the Anti-Corruption Unit in the Garda National Economic Crime Bureau, the Criminal Assets Bureau, the Office of the Director of Corporate Enforcement, the Comptroller and Auditor General, the Public Accounts Committee, other Oireachtas committees, regulators, Government Departments, the Director of Public Prosecutions and tribunals of enquiry and commissions of investigation.

In addition, Ireland has an extensive range of legislative provisions to prevent and combat corruption. These include the Ethics in Public Office Act 1995, the Standards in Public Office Act 2001, Freedom of Information Act 2014 and the Protected Disclosures Act 2014.

In relation to recent legislative developments, the Criminal Justice (Corruption Offences) Act 2018 was commenced in full on the 30 July 2018. The Act repealed and replaced the seven previous Prevention of Corruption Acts 1889 to 2010. The Act is not merely a consolidation of the old provisions. It strengthens and clarifies the law in relation to corruption.

Ireland is also a party to a number of anti-corruption international instruments. These are the United Nations Convention against Corruption (UNCAC), the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Public Officials in International Business Transactions and the Council of Europe's Group of States against Corruption (GRECO). As such, Ireland is subject to regular peer evaluations associated with the implementation of these international agreements with recommendations for improvement made following each review.

Closed-Circuit Television Systems

Questions (568, 570, 571)

Michael Lowry

Question:

568. Deputy Michael Lowry asked the Minister for Justice and Equality the status of an application with the authorisation of the Garda Commissioner for additional CCTV cameras in Clonmel, County Tipperary, in particular the Heywood Road area; if her attention has been drawn to the fact that the prolonged delays in resolving issues regarding the use of CCTV is causing unnecessary concern and anxiety for residents; and if she will make a statement on the matter. [16531/20]

View answer

Michael Lowry

Question:

570. Deputy Michael Lowry asked the Minister for Justice and Equality the status of an application for a CCTV scheme in Fethard, County Tipperary which is with the Garda Commissioner waiting authorisation; if the issue with housing such CCTV systems in the local Garda station can be resolved; if her attention has been drawn to the fact that the prolonged delays in resolving issues in relation to CCTV is causing unnecessary concern and anxiety for residents; and if she will make a statement on the matter. [16535/20]

View answer

Michael Lowry

Question:

571. Deputy Michael Lowry asked the Minister for Justice and Equality the status of an application for a CCTV scheme in Littleton, County Tipperary which is with the Garda Commissioner waiting authorisation; if the issue with housing such CCTV systems in the local Garda station can be resolved; if her attention has been drawn to the fact that the prolonged delays in resolving issues in relation to CCTV is causing unnecessary concern and anxiety for residents; and if she will make a statement on the matter. [16536/20]

View answer

Written answers

I propose to take Questions Nos. 568, 570 and 571 together.

Community-based CCTV is governed by section 38(3)(c) of Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the prior support of the relevant local authority, which must also act as data controller, and

- have the authorisation of the Garda Commissioner.

This is the legal basis for all community CCTV schemes, regardless of how they are funded and these key legal requirements have not changed since 2006. The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.

Since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area. To date, 28 applications have been approved under the scheme, involving approved grants totalling more than €666,000. Eligible groups, including community groups and local authorities nationwide, can apply for grant aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.

As the Deputy may be aware, last year my predecessor as Minister expanded the grant aid scheme to cover not only new CCTV systems but also to allow funding applications for extension or upgrade of existing Community CCTV systems which are incomplete or obsolete. Applicants can now also seek a once-off grant of up to €5,000 for minor maintenance costs.

However in all cases, grant funding can be considered only for CCTV systems which meet the legal requirements, in other words CCTV systems which have been approved by the relevant Joint Policing Committee, the relevant Local Authority (also acting as Data Controller) and which have received the authorisation of the Garda Commissioner.

In relation to the applications from both Littleton and Fethard referred to by the Deputy, I am informed that the application for a Community Based Scheme under Section 38(3)(c) of the Garda Siochána Act, 2005, has not met the standard to be heard at the CCTV Advisory Committee (which makes recommendations to the Garda Commissioner) due to issues in respect of the location of the server. It had been proposed that the server would be based in the local Garda Station and that the local Superintendent would act as Data Controller. This is at variance with S.I. 289/06 which stipulates that the Local Authority will act as Data Controller. This has been communicated back to the applicant group and I understand that a reply is awaited on any alternative proposal for siting of the server.

In relation to the application from Clonmel, I am further informed that there was some confusion regarding the application for the Clonmel scheme as the application was forwarded as a Section 38(3)(c) scheme – i.e., a Community Based CCTV Scheme – but the papers submitted propose an extension to an existing scheme which is in fact a Section 38(3)(a) scheme - a Garda scheme as opposed to a Community scheme. I understand that An Garda Siochána are now processing this application as a Garda Scheme extension.

If the Deputy is aware of other groups wishing to avail of the grant aid scheme, further details are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups through a dedicated email address fundsadmin-comm-based-cctv@justice.ie

Proposed Legislation

Questions (569)

Neale Richmond

Question:

569. Deputy Neale Richmond asked the Minister for Justice and Equality if the Office of the Parliamentary Counsel has completed the drafting of the criminal procedure Bill; when it will be published; and if she will make a statement on the matter. [16532/20]

View answer

Written answers

I can inform the Deputy that a revised General Scheme of a Criminal Procedure Bill was approved by the Government on 9 June 2015 and the Bill is being drafted by the Office of the Parliamentary Counsel.

Certain elements of the Bill, together with other improvements to our criminal procedure legislation, have been identified as requiring urgent progression in the context of the current Covid-19 pandemic. These elements have now been included in the Civil and Criminal Law (Miscellaneous Provisions) Bill 2020, the General Scheme of which was approved by Government for priority drafting on 13 July 2020. This Bill is expected to be published in the coming days, subject to Government approval.

Questions Nos. 570 and 571 answered with Question No. 568.

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