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Tuesday, 8 Sep 2020

Written Answers Nos. 870-889

Third Level Institutions

Questions (870)

Joe McHugh

Question:

870. Deputy Joe McHugh asked the Minister for Further and Higher Education, Research, Innovation and Science the status of plans to progress university status in the north-west; his further plans to continue the momentum in relation to cross-Border collaboration; and if he will make a statement on the matter. [22107/20]

View answer

Written answers

The Government’s objective for the establishment of a university serving the north-west is being advanced through the Connacht Ulster Alliance (CUA) TU development consortium composed of Letterkenny Institute of Technology, Galway Mayo IT and IT Sligo. CUA is working on plans to submit an application seeking an order for establishment as a technological university under the Technological Universities Act 2018. My Department understands that an application is to be submitted by CUA by the end of the year.

As the Deputy will be aware, Letterkenny Institute of Technology has a close working relationship with third level institutions in Derry and received Exchequer funding in 2018 and 2019 totalling €0.75 million under the Higher Education Authority calls for proposals for higher education landscape restructuring projects. The projects funded were aimed at strengthening collaborative cross-border strategic alliance building and co-operation between higher education and further education and training institutions such as Letterkenny IT, Donegal ETB, North West Regional College and Ulster University, including in the wider context of strengthening the reach of any future TU if established in the region. The HEA landscape funding mechanism has been replaced in 2020 by the TU Transformation Fund which focuses on the establishment and development of TUs.

Separately the “New Decade, New Approach” agreement in relation to the restoration of devolved government in Northern Ireland, stated that the Government welcomes the development of plans for ambitious new higher education provision in Derry. This investment can support more access to third-level education for young people on a cross-border basis, enable further cooperation between third-level institutions in the North West including in research and innovation, and underpin broader economic development and opportunities in the region.

I am focused on examining opportunities for closer North-South collaboration in the Further Education and Higher Education areas including in the North West where such arise opportunities particularly post-Brexit and as we seek deal with and emerge from the Covid 19 pandemic. In this context I am determined that, notwithstanding Brexit, cross-border collaboration should not only be maintained but enhanced.

Finally, I have also noted with interest recent calls for the development of a cross-border university. While I understand the challenges involved in establishing such an institution including under the current legal framework for universities in this State I have asked my officials to consider this matter further and will keep the Deputy updated on developments.

Question No. 871 answered with Question No. 851.

Student Grant Scheme

Questions (872)

Mary Lou McDonald

Question:

872. Deputy Mary Lou McDonald asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to the fact that many students will not receive the maintenance grant until 9 October 2020 at the earliest; the way in which these students will be supported; and if he will make a statement on the matter. [22258/20]

View answer

Written answers

At the end of August, SUSI had received over 91,000 applications from students with over 67,500 students assessed as eligible for support for academic year 2020-21.

In line with previous years, SUSI’s payment schedule is updated to coincide with college start dates. In accordance with legislation, to receive payment, students must be registered with their college and the college must confirm their registration with SUSI.

SUSI consulted with colleges and found that for academic year 2020-21, the majority will open towards the end of September or the beginning of October. While SUSI is ready to pay maintenance grants to awarded students as soon as it is practical to do so, the first scheduled payment date for maintenance grants is October 9; this affords students the necessary time to register with their college and for colleges to then confirm their registration with SUSI.

To ensure students receive their first payment as soon as possible, SUSI will be making weekly payments from October 9. For the academic year 2020-21, the first payment will be made sooner after colleges commence than in previous years.

To ensure that students receive the necessary supports when they return to education this autumn, four scheduled maintenance payments will be made before the end of December, with two payments scheduled to be made in October.

The Deputy will be aware of the recently announced €168m funding package for the return to education. This package includes a €10m access support package for higher education students. I have approved the allocation of €8.1m of this funding to top up the Student Assistance Fund.

Students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Information on the fund is available through the Access Officer in the third level institution attended. This fund is administered on a confidential, discretionary basis.

Departmental Offices

Questions (873)

Denis Naughten

Question:

873. Deputy Denis Naughten asked the Minister for Further and Higher Education, Research, Innovation and Science the number of vacant desk spaces available in accommodation allocated to his Department in Civil Service accommodation outside Dublin city; and if he will make a statement on the matter. [22482/20]

View answer

Written answers

The Department of Further and Higher Education; Research; Innovation and Science operates from accommodation provided by the Department of Education and Science and the response provided by that Department will incorporate this Department.

Ministerial Advisers

Questions (874)

Catherine Murphy

Question:

874. Deputy Catherine Murphy asked the Minister for Further and Higher Education, Research, Innovation and Science if he will provide a schedule of advisers, special advisers and seconded civil servants working in his Department appointed and or recruited and or in an acting capacity; the roles and responsibilities attributed to each; and the salary scale for each role in tabular form. [22530/20]

View answer

Written answers

In accordance with the terms of the Public Service Management Act 1997 I will be appointing two Special Advisers to assist me in carrying out my ministerial functions at the Department which will not be subject to a civil service secondment arrangement.

The current salary scale applicable to the position of Special Adviser is as follows:

Point

Amount

1

€87,325

2

€90,920

3

€94,487

4

€98,082

5

€101,114

6

€104,258

7

€107,399

Third Level Education

Questions (875)

Rose Conway-Walsh

Question:

875. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the provisions in place for those with learning difficulties if all third level education is to be online; and if he will make a statement on the matter. [22558/20]

View answer

Written answers

Higher education institutions are autonomous bodies and as such are academically independent and are entitled to regulate their own academic affairs and administrative processes. As providers, it is the responsibility of each higher education institution (HEI) to put in place appropriate supports to ensure that the needs of students of disabilities are met.

Each HEI has an access and disability service in place to support students with disabilities. Students who feel that they may require supports from their institution should contact the access or disability service who will carry out a needs assessment in collaboration with the student. These supports will continue to be provided, as appropriate, where any online or blended learning takes place.

The Fund Students with Disabilities (FSD) provides funding to higher and further education institutions to assist them in offering supports and services to eligible students with disabilities so that they can access, fully participate in and successfully complete their chosen course of study. This supports the overall goals of the National Plan for Equity of Access to Higher Education. In 2019 funding of €9.6m was allocated to the FSD (covering both the higher education and further education sectors as well as Irish students studying in the UK and EU). The type of supports covered include:

- Assistive technology;

- Non-medical helpers;

- Academic/learning support;

- Deaf supports;

- Transport supports.

Further Education and Training (FET) Institutions are planning a phased reopening for learners by 29 September and will aim to maximize learner onsite experience and endeavour to provide maximum possible face to face interaction taking into consideration all the risk factors and the requirements of the high-risk learner groups. Learning experience will be enhanced through onsite streaming facilities and blended learning.

The Once-Off COVID-19 Grant (€15m) to support disadvantaged students in accessing ICT devices is part of the package of COVID-19 supports for higher and further education institutions funded by my Department.

The devices will be distributed by the relevant Higher Education Institutions (HEIs) and Education and Training Boards (ETBs) via appropriate lending schemes. The education institutions are best placed to determine which individual students should be prioritised to receive a device on a needs basis and within the terms and conditions of the scheme. In determining distribution of the devices, HEIs are required to have regard to the target groups, including students with disabilities, identified in the National Plan for Equity of Access to Higher Education 2015-2021

HEIs and ETBs must be satisfied that students who receive a device under this grant have demonstrated a verifiable need for such a device e.g. they or their family do not have the means to purchase such a device themselves. Students should contact their HEI access office for further information.

Third Level Fees

Questions (876)

Rose Conway-Walsh

Question:

876. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost in 2020 if the student contribution charge was reduced by €100, €200, €500, €1000 and €3000, respectively. [22616/20]

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Written answers

Under my Department’s free fees schemes, the Exchequer provides funding toward the tuition fee costs of eligible full-time undergraduate students with students paying the student contribution which currently stands at €3,000.

The Student Contribution, was introduced with effect from the 2011/12 academic year. There has been no increase in the contribution since 2014/15.

In addition, in the 2019/20 nearly 62,000 students had all of part of their student contribution paid by the Exchequer through SUSI.

Based on data in relation to19/20 and expected demographic increase the estimated additional cost to the Exchequer for reducing the student contribution at the rates of €100, €200, €500, €1,000 and €3,000 for the 2020/21 academic year are as follows:

Reduction amount

Estimated net cost (millions)

€100

€8.1m

€200

€16.1m

€500

€40.3m

€1,000

€80.6m

€3,000

€241.8m

The above figures are the estimated net cost to the Exchequer factoring in the subsequent estimated reduction in the SUSI Student Grant budget.

The costs for the Exchequer of reducing or abolishing the student contribution would increase in line with the demographic increases expected in the coming years up to 2030.

My Department is undertaking a comprehensive economic review currently which is progressing under the European Commission DG Reform’s Structural Reform Support Programme. This review is focussed on Increasing the Future Sustainability of Higher and Further Education Provision in Ireland. The review encompasses an assessment of the funding options for higher education included in the 2016 (Cassells) Report of the Expert Group on Future Funding of Higher Education which includes the student contribution charge. The study is scheduled to be substantially complete in Q4 2020.

Ministerial Advisers

Questions (877)

Alan Kelly

Question:

877. Deputy Alan Kelly asked the Minister for Further and Higher Education, Research, Innovation and Science the number of special advisers that will be hired by his Department. [22783/20]

View answer

Written answers

I envisage that two special advisers will be appointed by my Department.

Garda Transport Provision

Questions (878)

Alan Kelly

Question:

878. Deputy Alan Kelly asked the Minister for Justice the date it was decided to assign Garda drivers and a Garda car to the Minister for Foreign Affairs. [19681/20]

View answer

Written answers

As I have previously informed the Deputy, following the appointment on 27 June of the former Tánaiste as Minister for Foreign Affairs and Minister for Defence, I understand the Garda Commissioner determined that it was appropriate for already existing security arrangements to remain in place for the Minister. As the Deputy will appreciate, it would not be appropriate to comment further on security arrangements which are kept under ongoing review by An Garda Síochána.

UN Convention on the Rights of Persons with Disabilities

Questions (879, 887)

David Cullinane

Question:

879. Deputy David Cullinane asked the Minister for Justice the cost across whole-of-Government of implementing in full the United Nations Convention on the Rights of Persons with Disabilities; the cost including the optional protocol. [21122/20]

View answer

Seán Canney

Question:

887. Deputy Seán Canney asked the Minister for Justice when funding will be put in place to confirm the United Nations Convention on the Rights of Persons with Disabilities; the timeline for compliance; and if she will make a statement on the matter. [22032/20]

View answer

Written answers

I propose to take Questions Nos. 879 and 887 together.

The Government’s approach to meeting the terms of the United Nations Convention on the Rights of Persons with Disabilities (“the Convention”) is one of progressive realisation. Work is continuing on the reforms needed for an optimum level of compliance with the Convention's requirements.

The National Disability Inclusion Strategy (NDIS) 2017 – 2021 contains a wide range of practical commitments to improve the position of people with disabilities in Ireland. Furthermore, it provides a mechanism for joined-up working to deliver on Ireland’s commitments to implementing the UNCRPD. The NDIS Steering Group, which oversees and monitors the implementation of the Strategy, has an important role in guiding progress in this area. The Group recently carried out a mid-term review of the Strategy which examined how the Strategy is aligned with the articles of the Convention and how the Strategy could be revised and built upon in order to continue progressive realisation of the aims of the Convention. Arising from the mid-term review, a commitment was made that the Department of Justice and Equality will develop a UNCRPD implementation plan that will include monitoring structures and metrics as appropriate.

Of particular relevance to Article 12 of the Convention is the Assisted Decision-Making (Capacity) Act 2015, which provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015 but has not yet been fully commenced. The 2015 Act will abolish the current Wards of Court system by repealing the Lunacy Regulation (Ireland) Act 1871. Part 6 of the 2015 Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the 2015 Act can be commenced. The Decision Support Service is working towards being operational and ready for the commencement of the main provisions of the Act in 2020. This lead-in timeframe ensures that the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations will be in place so that the Decision Support Service will have the capacity to be up and running effectively.

The Government continues to take practical measures to improve the lives of people with disabilities. The Report of the Make Work Pay Group was published in April 2017 and many of its recommendations have been implemented. In addition, the Comprehensive Employment Strategy for People with Disabilities 2015-2024 includes positive action measures to support the recruitment of people with disabilities in the public service and in the wider economy. Significant expenditure is being committed by individual departments to responding to the needs of persons with disabilities. For example, €1.7bn was spent by the Department of Employment Affairs and Social Protection on Disability Allowance payments in 2019. €2.054bn has been allocated in the HSE Service Plan for disability-related expenditure this year. Funding for special education provision in 2020 will amount to €1.9bn which is equivalent to 20% of the gross overall current allocation for education and training.

In addition to the practical measures outlined, the Deputy will be aware of a number of legislative developments to support the implementation of the Convention.

In the first instance, my colleague the Minister for Health is progressing Heads of a Bill to provide legislative clarity on the issue of deprivation of liberty. A report of a recent public consultation on these draft legislative provisions is nearing completion, and every effort is being made to progress this legislation as quickly as possible.

In order to strengthen Ireland’s laws on liberty and security of the person as they relate to persons with a disability and to ensure that Ireland fully complies with Article 14, the Government has been working towards enacting specific legislation. The Disability (Miscellaneous Provisions) Bill 2016 and the Assisted Decision-Making (Capacity) Act 2015, each have an important role in this regard. In addition, a stand-alone Bill on Deprivation of Liberty is being progressed. The Bill will provide procedural safeguards to ensure that people are not unlawfully deprived of their liberty in relevant facilities.

An approach has been developed to provide for situations in which an individual lacks the capacity to consent to their care arrangements (which amount to a deprivation of liberty) and will provide a legal basis for these care arrangements to be authorised by a body to be established within the health service. The authorisation will not cover any other decision to be made in relation to that individual e.g. financial decisions or consent to medical treatment. Work to refine the draft legislative proposals is ongoing and complicated policy issues that have arisen are being resolved, in consultation with an Advisory Group and relevant stakeholders.

The Disability (Miscellaneous Provisions) Bill 2016, which contains key legislative amendments needed for compliance with the Convention, was published in December 2016. The Bill includes provisions to establish the monitoring framework required by Article 33 of the Convention to promote, protect and monitor implementation of the Convention. It requires the involvement and participation of civil society, in particular, persons with disabilities, in the monitoring process.

Published in December 2016, the Bill’s stated purpose was to address remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The opportunity was also taken to progress other miscellaneous amendments to statute law. The Bill amends:

- the Juries Act to accommodate (i) deaf persons who need the services of a sign language interpreter and (ii) persons with mental illness being subject to a functional capacity test

- the Electoral Act to repeal the prohibition on a person of unsound mind from standing for election to the national and European parliament- the National Disability Act to (i) change the status of NDA staff from public to civil servants, in line with all other bodies in the Justice Vote and (ii) to provide information and advice including statistics to the Irish Human Rights and Equality Commission (IHREC) - the Equal Status Act to elaborate the principle of refusal of “reasonable accommodation” on grounds of cost- the Disability Act to bring civilian staff of the Garda Síochána within the scope of Part V of that Act which contains measures applicable to the public service including employee quotas- the IHREC Act to create a statutory basis for IHREC to (i) keep under review the law and practice relating to the protection of persons with disabilities, and (ii) to that end appoint an advisory committee, and (iii) apply to the Court of Appeal to appear as amicus curiae (friend of the court).

The Bill was at Committee Stage when it lapsed with the dissolution of the Dáil and Seanad in January 2020. A decision is now required as to whether the lapsed Bill should be revisited, or if a new Bill should be drafted.

The monitoring framework for implementation of the Convention will include both the Irish Human Rights and Equality Commission (IHREC) and the National Disability Authority. This will ensure the direct participation of persons with disabilities and the organisations representing them in monitoring how the Convention is implemented in Ireland.

The Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) 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.

It is not possible to arrive at a precise budgetary figure in relation to the monitoring or implementation of the Convention including the Optional Protocol. Individual actions across different departments have associated cost implications that are included in the votes of the relevant departments.

As this is a function that is due to transfer, it will of course be a matter for my colleague, Mr. Roderic O'Gorman, T.D., the Minister for Children, Disability, Equality and Integration, to bring these matters forward.

Direct Provision System

Questions (880, 950)

Jim O'Callaghan

Question:

880. Deputy Jim O'Callaghan asked the Minister for Justice the steps she has taken to resolve the issues which gave rise to hunger strikes at a direct provision centre (details supplied). [21234/20]

View answer

Brendan Griffin

Question:

950. Deputy Brendan Griffin asked the Minister for Justice her plans for a direct provision centre (details supplied) following the transfer of the final resident later in 2020; and if she will make a statement on the matter. [22112/20]

View answer

Written answers

I propose to take Questions Nos. 880 and 950 together.

On 18 March 2020, in response to the early stages of the COVID-19 pandemic, my Department entered into a 12 month contract to use the former Skellig Star Hotel in Cahersiveen as a temporary accommodation centre for international protection applicants.

On 30 July 2020, I announced that the residents would be transferred to permanent accommodation centres, in line with my Department's policy to withdraw from emergency accommodation as quickly as possible, and that this process would be completed as soon as possible and by no later than the end of the year.

The final transfer from the Skellig Star was completed last week and there are no remaining residents onsite. My Department has no plans to utilise the premises going forward.

UN Convention on the Rights of Persons with Disabilities

Questions (881)

Marian Harkin

Question:

881. Deputy Marian Harkin asked the Minister for Justice when the optional protocol of the UN Convention on the Rights of Persons with Disabilities will be ratified. [21253/20]

View answer

Written answers

Significant expenditure is being committed by individual departments to responding to the needs of persons with disabilities. For example, €1.7bn was spent by the Department of Employment Affairs and Social Protection on Disability Allowance payments in 2019. €2.054bn has been allocated in the HSE Service Plan for disability-related expenditure this year. Funding for special education provision in 2020 will amount to €1.9bn which is equivalent to 20% of the gross overall current allocation for education and training.

The Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) 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.

As this is a function that is due to transfer, it will of course be a matter for my colleague, Mr. Roderic O'Gorman, T.D., the Minister for Children, Disability, Equality and Integration, to bring this matter forward.

Employment Rights

Questions (882)

Pádraig O'Sullivan

Question:

882. Deputy Pádraig O'Sullivan asked the Minister for Justice if a person (details supplied) wishing to work beyond 65 years of age will be allowed to do so; and if she will make a statement on the matter. [21273/20]

View answer

Written answers

There is no legally mandated retirement age in the private sector. The age at which private sector employees retire is a matter for the contract of employment agreed between them and their employers.

Employers must justify the age of retirement under the Employment Equality Acts 1998-2015. Section 6(3) of the Employment Equality Acts 1998 to 2015 provides for the imposition of a compulsory retirement age, however, it must be objectively and reasonably justified by a legitimate aim and the means of achieving that aim must be appropriate and necessary. An employee may take a complaint to the Workplace Relations Commission under this legislation if they consider they are being discriminated against.

Assisted Decision-Making

Questions (883)

David Cullinane

Question:

883. Deputy David Cullinane asked the Minister for Justice the estimated cost of implementing the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [21394/20]

View answer

Written answers

The Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”) provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).

A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS. Ms Áine Flynn was appointed Director of the DSS on 2 October 2017. The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

The implementation of the 2015 Act requires that the DSS is fully operational and in a position to offer services including the new decision-making support options. A high-level Steering Group comprising senior officials from my Department, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the establishment and commissioning of the DSS and this work is ongoing. The DSS, led by its Director, is working on putting in place the necessary infrastructure to support the full commencement of the Act. The infrastructure required includes, amongst many other elements, ICT capability for the DSS. These preparations are being implemented under the oversight of the Steering Group and will allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed. This will enable the DSS to roll out the new decision-making support options.

My Department has sought and received funding, through the Estimates process, over the last three years to assist the DSS in delivering on its mandate. Further funding will be necessary through the Estimates process in 2020 and 2021. In the interim, and subject to the funding allocation, my Department, in conjunction with the DSS, the Mental Health Commission and other stakeholders have agreed to an implementation plan which anticipates commencement of DSS services in mid-2022. There are also critical dependencies for the DSS on other organisations, including, for example, the Courts Service, the HSE and the Department of Health amongst others, which need to be delivered in order to achieve this timeline. The Steering Group has been meeting regularly to ensure a coordinated approach to the implementation of this project.

As this is a function that is due to transfer, it will of course be a matter for my colleague, Mr. Roderic O'Gorman, T.D., the Minister for Children, Disability, Equality and Integration, to bring this matter forward.

Prison Mental Health Services

Questions (884)

David Cullinane

Question:

884. Deputy David Cullinane asked the Minister for Justice the estimated cost of providing and recruiting an additional psychologist to a prison; and if she will make a statement on the matter. [21413/20]

View answer

Written answers

I have been informed by my officials in the Irish Prison Service that the Prison Service employ a number of various psychologist grades across the Service including, a Head of Psychology, a Psychologist, Principal Manager, Senior Psychologists (Grade I), Psychologists, Staff Psychologists (Grade II) and Assistant Psychologists. Please note Assistant Psychologists are employed on a one year fixed term contract basis only.

I am further informed that the cost of providing and recruiting an additional psychologist to a prison is, as per the most recent payscale amendments of 1 January 2020, These pay-scales are in respect of staff appointed after 6 April 1995, as set out in the table below.

Grade

Psychologist

€54,087.00

€57,529.00

€59,983.00

€62,531.00

€65,080.00

€67,600.00

€69,690.00

€74,391.00

€78,635.00

€82,945.00

€86,442.00NMAX

€89,143.00LSI1

€91,853.00LSI2

Housing Policy

Questions (885)

Jim O'Callaghan

Question:

885. Deputy Jim O'Callaghan asked the Minister for Justice if consideration will be given to amending section 14 of the Multi-Unit Developments Act 2011 in order that one dominant owner of units within a development does not secure complete control of the management company to the detriment of the interests of other owners. [21507/20]

View answer

Written answers

I intend to commence a review of legislation regarding management companies in the coming months.

The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Acts, the members of which are the owners of residential units within the development and which are established for the purposes of ownership and management of the common areas.

Statutory provisions governing the regulation of companies, including those governing the memorandum and articles of association, the appointment and responsibilities of directors and requirements for submitting annual financial returns, are set out in the Companies Acts.

Crime Data

Questions (886, 907, 911, 912, 928, 963)

Róisín Shortall

Question:

886. Deputy Róisín Shortall asked the Minister for Justice if her attention has been drawn to the increase in pet thefts in recent months; the way in which she plans to address pet theft; and if she will make a statement on the matter. [21784/20]

View answer

Eoin Ó Broin

Question:

907. Deputy Eoin Ó Broin asked the Minister for Justice if her attention has been drawn to the increase in dog theft nationwide; and the steps being taken to address the issue. [21492/20]

View answer

Patrick Costello

Question:

911. Deputy Patrick Costello asked the Minister for Justice her plans to amend the Larceny Act 1916 or other relevant legislation to criminalise the theft of animals; and the measures to be put in place to tackle animal theft. [21559/20]

View answer

Francis Noel Duffy

Question:

912. Deputy Francis Noel Duffy asked the Minister for Justice her plans to increase penalties and sanctions for those convicted of dog theft; if she will request an update from the Garda Commissioner on steps being taken to tackle the issue; and if she will make a statement on the matter. [21572/20]

View answer

Róisín Shortall

Question:

928. Deputy Róisín Shortall asked the Minister for Justice the number of dogs and cats reported stolen in each of the past six months and the corresponding figures for the same months in 2019, in tabular form; the penalties for stealing pets; and if she will make a statement on the matter. [21785/20]

View answer

Seán Haughey

Question:

963. Deputy Seán Haughey asked the Minister for Justice if she will introduce additional measures including new legislation to combat the rise in dog thefts; and if she will make a statement on the matter. [22551/20]

View answer

Written answers

I propose to take Questions Nos. 886, 907, 911, 912, 928 and 963 together.

The framework for addressing the Government’s policy of promoting the optimum level of animal welfare in Ireland is provided by the Animal Health and Welfare Act 2013. The Act is a practical tool that provides modern framework for applying standards in the area of animal welfare. The Programme for Government contains a commitment to strengthen the Act and to enforce its provisions. The Act aims at a balance between the rights of an individual and the role of the State services to act for the public policy objective of ensuring the optimum level of animal welfare.

My Department keeps the Act under review given developments in the area of animal welfare and the law and having regard to the practical lessons learnt from operating the Act. Indeed, my Department is currently working on proposals to amend the Act to give effect to the commitment in the programme for Government for the ordered end to fur farming. This opportunity will also be used to bring forward any desired adjustments to the Act.

Neglect of or causing unnecessary suffering to animals is not acceptable in our society. I am committed to the policy that animal welfare standards are vigorously applied in a fair and even-handed manner. My Department continues to enforce the law in this important area as does An Garda Siochana, the Customs service, the Irish Society for the Prevention of Cruelty to Animals and the Dublin Society for the Prevention of Cruelty to Animals. My Department works closely with these bodies and I would like to take this opportunity to thank all involved for their work in the field of animal welfare.

My Department dedicates a substantial level of resources and funding to animal welfare. This follows fro last year when the largest ever allocation of funding from my Department of €2.906m was made to 106 animal welfare bodies, a number of which undertake work with urban horses. The Programme for Government also contains a commitment to double the grant aid to animal welfare organisations over a two year period.

My Department operates a confidential animal welfare helpline through which members of the public can report incidents of animal cruelty or neglect for investigation.

The dedicated e-mail address and Helpline in place for reporting suspected cases of cruelty and neglect are:

Helpline Phone No: Call Save - 0761 064408, phone - 01 607 2379.

Email address - animalwelfare@agriculture.gov.ie.

I am committed to this policy of education and building awareness, financial support and the continued and vigorous application of the law relating to animal welfare.

Question No. 887 answered with Question No. 879.

Direct Provision System

Questions (888)

Catherine Murphy

Question:

888. Deputy Catherine Murphy asked the Minister for Justice if she will introduce a fair complaint procedure as an interim measure for persons living in direct provision in advance of phasing out the system; and her plans to introduce short-term changes to the system in view of the fact that Covid-19 has elevated the problems. [22059/20]

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Written answers

My Department takes any complaints from residents very seriously and all residents are made fully aware of their ability to contact my Department at any time in confidence.

Where appropriate, most complaints should be brought to the centre manager in the first instance. If the resident is not satisfied with the outcome, they can make a complaint directly to the International Protection Accommodation Service (IPAS) of my Department, which will be investigated by IPAS officials and acted on appropriately. If the matter is still not resolved to the resident's satisfaction, they can raise a complaint with the Offices of the Ombudsman or the Ombudsman for Children, as appropriate, for investigation by officials of those Offices.

Prior to the COVID-19 pandemic, IPAS also held regular clinics in accommodation centres where applicants were invited to meet an IPAS officer in person. These clinics will resume once public health officials advise it is safe to do so. In the interim, virtual clinics have been held with some centres, as required. A confidential Freephone support service run by the Jesuit Refugee Service with funding from my Department has also been established as an additional support for residents during this time.

The Programme for Government contains a commitment to end the current system of Direct Provision within the lifetime of the Government and to replace it with a new international protection accommodation policy, centred on a not-for-profit approach.

The intention is to publish a White Paper by the end of this year, informed by the recommendations of the Expert Group led by Dr Catherine Day, which will set out how a replacement to the Direct Provision system will be structured and the steps to achieving it.

It will be a matter for my colleague, the Minister for Children, Disability, Equality and Integration, to progress the matter following the transfer of this function to his Department and to make any decisions around future accommodation and service provision, including any new complaints procedure.

Covid-19 Pandemic Supports

Questions (889)

Johnny Mythen

Question:

889. Deputy Johnny Mythen asked the Minister for Justice her plans to support parents in County Wexford that may have to take time off work with a child who is ill with Covid-19 or had to self-isolate due to close contact with a confirmed case; the way in which she plans to ensure that parents do not have to take unpaid leave to take care of their children in these scenarios; and if she will make a statement on the matter. [22446/20]

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Written answers

The Government takes very seriously the needs of working parents, and the difficulties they are facing in the current pandemic. There have been a number of advances in the leave available to working parents in recent years. The Parent’s Leave and Benefit Act 2019 introduced for the first time paid parent’s leave of two weeks for each parent to be taken in the first year of a child’s life or within the first year of placement with the family, in the case of adoption. The Parental Leave (Amendment) Act 2019 further extended the availability of unpaid parental leave – as of 1 September 2020 this is now 26 weeks to be taken up until a child’s twelfth birthday.

Where a parent requires urgent leave from work, they may avail of force majeure leave which gives an employee a limited right to leave from work. Under the Parental Leave Acts 1998 and 2019, this leave is available where, for urgent family reasons, the immediate presence of the employee is required due to illness or injury of a close family member, including a child or adopted child. The maximum amount of leave available is 3 days in a 12-month period or 5 days in a 36-month period.

In response to the current needs, the Government is also examining the possibility of extending parent’s leave and benefit from two weeks to five weeks for each parent, and to extend the period in which this leave can be taken. I am consulting with the Minister for Social Protection on these proposals.

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