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Wednesday, 23 Sep 2020

Written Answers Nos. 150-174

Carer's Allowance

Questions (150)

Brendan Griffin

Question:

150. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a carer’s allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [25869/20]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 1 September 2020. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required and possible within Covid-19 restrictions, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I hope this clarifies the matter for the Deputy.

Covid-19 Pandemic Unemployment Payment

Questions (151)

Gary Gannon

Question:

151. Deputy Gary Gannon asked the Minister for Social Protection if pandemic unemployment payment applicants can close their claim to take on a period of work and then go back on the payment by making a new claim; and if she will make a statement on the matter. [25870/20]

View answer

Written answers

The Government has extended the Pandemic Unemployment Payment until the end of March 2021 to support employees and businesses who continue to be impacted by the on-going public health restrictions. I have also secured approval to keep the scheme open to new applicants until the end of the year.

This means that anyone who loses their employment as a result of the pandemic between now and the end of the year will be able to avail of this payment. It also means that anyone who closes their claim to take up employment and subsequently loses that employment as a result of the pandemic will be able to re-apply for the Pandemic Unemployment Payment.

I trust that this clarifies the position for the Deputy.

Invalidity Pension

Questions (152)

Brendan Griffin

Question:

152. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a review of a decision on a invalidity pension appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [25872/20]

View answer

Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. Under social welfare legislation the decision of an Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts.

I am advised that the person concerned submitted additional evidence and that the Department was requested to return the file to the Social Welfare Appeals Office. The file was forwarded to the Appeals Officer on 16 September 2020. The person concerned will be contacted when the Appeals Officer's review of his appeal has been finalised.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Covid-19 Pandemic Supports

Questions (153)

Róisín Shortall

Question:

153. Deputy Róisín Shortall asked the Minister for Social Protection if the social welfare complaints made by Aer Lingus employees that they have been prevented from claiming the temporary wage subsidy scheme and or the employment wage subsidy scheme and the short time work support scheme have been addressed; if the matter of back pay and the unfairness of no back pay being awarded for the employees that have been prevented from claiming both social welfare schemes for months have been addressed; and if she will make a statement on the matter. [25930/20]

View answer

Written answers

The Department has clarified that where a person has had a reduction in their days of employment, subject to satisfying the relevant eligibility criteria, employees may claim casual jobseeker payments or Short-Time Work Support payments for days of unemployment, even where their employer is claiming the Employment Wage Subsidy Scheme for days of employment.

Officials from my department engaged with the company on this matter and I understand that an agreed process is in place so that outstanding information required to finalise decisions on social welfare entitlements will be provided by the company to their employees as quickly as possible. It is expected that this will be completed this week.

I can assure the Deputy that my Department will prioritise decisions on these applications on receipt of this information so that claims are put into payment as quickly as possible.

Decisions around entitlement to social welfare claims for periods prior to the introduction of the Employment Wage Subsidy Scheme on 1 September will depend on meeting the eligibility conditions, including satisfying the Department with regard to days of unemployment. Applications are assessed on an individual basis and the Department will notify each individual of the outcome of its decision.

Any person who is experiencing financial hardship may access assistance under the Supplementary Welfare Allowance scheme including Exceptional and Urgent Needs Payments. Information on the supports available under this scheme is available at www.gov.ie

Finally, any legal obligations that an employer may have to their employees regarding the terms, conditions or entitlements of their employment, including pay, is a matter for the employer.

I trust this clarifies the position.

Covid-19 Pandemic Supports

Questions (154)

Róisín Shortall

Question:

154. Deputy Róisín Shortall asked the Minister for Social Protection the number of social welfare applicants that have been in receipt of both the temporary wage subsidy scheme and the short time work support scheme together by week in each of the past six months; the number of social welfare applicants that have been in receipt of both the employment wage subsidy scheme and the short time work support scheme together since the employment wage subsidy scheme was introduced, in tabular form. [25931/20]

View answer

Written answers

I am informed by officials in my Department that analysis of recipients on these particular schemes will take more time. The information will be sent to the Deputy as soon as it is available.

Child Detention Centres

Questions (155)

Richard Boyd Barrett

Question:

155. Deputy Richard Boyd Barrett asked the Minister for Children, Disability, Equality and Integration the estimated average cost of keeping one young person in remand in a youth justice remand facility for one year. [25726/20]

View answer

Written answers

All young persons under the age of 18 sentenced to a period of remand or detention by the Courts are detained in Oberstown Children Detention Campus. The operational costs for the day to day running of Oberstown Children Detention Campus (excluding pension and capital costs) in 2019 was €19.77 million.

The Certificate issued by the Minister under Sections 195 and 196 of the Children Act 2001, requires Oberstown to provide a total of 54 remand and detention places (4 girls and 48 boys). In 2019, 127 individual young people were remanded or sentenced to detention in Oberstown. There were 38 young people on campus on 22 September 2020. As occupancy rates vary on a daily basis, it is not possible to estimate the cost of detaining one young person for one year.

Youth Services

Questions (156)

Richard Boyd Barrett

Question:

156. Deputy Richard Boyd Barrett asked the Minister for Children, Disability, Equality and Integration the average estimated cost of recruiting four youth workers, one team leader and an administration person in the youth work sector for one year. [25727/20]

View answer

Written answers

Funding from my Department in respect of funded youth organisations is designed as a contribution towards a particular service being provided. My Department does not have a role in determining salaries or other related costs for a particular service, and there are no nationally recognised salary scales on which to draw.

The cost of setting up a service will vary depending on the nature of the service being provided and if it were a new service or an augmentation of an existing service. In addition other recruitment factors that would be taken into account include experience and relevant qualifications.

In preparation for the roll out of the targeted youth funding scheme, UBU Your Place Your Space, a number of pilot projects were established. Based on the experience of establishing these services, it would suggest a service of the type described by the Deputy in his question may cost in the region of €200,000 to €300,000 per annum.

Ombudsman for Children

Questions (157)

Richard O'Donoghue

Question:

157. Deputy Richard O'Donoghue asked the Minister for Children, Disability, Equality and Integration the budget allocation for the Ombudsman for Children's Office in each of the years of 2018 to 2020, in tabular form. [25748/20]

View answer

Written answers

The allocation of the Ombudsman for Children’s Office (OCO), which is provided for in Subhead C.7 of Vote 40 in the published Revised Public Estimates, is outlined in the table below for the years 2018, 2019 and 2020.

2018

2019

2020

€2,633,000*

€2,747,000

€2,865,000

The 2020 allocation represents an increase of over €0.1 million, or 4%, on the 2019 allocation of €2.747m.

*Note: the allocation shown for 2018 is the revised allocation following the 2018 Supplementary Estimates process. The 2019 and 2020 allocations are as per the original Revised Estimates for those years.

National Childcare Scheme

Questions (158)

Kathleen Funchion

Question:

158. Deputy Kathleen Funchion asked the Minister for Children, Disability, Equality and Integration if his attention has been drawn to an issue (details supplied) being experienced by childcare providers; if he will address the issue as a matter of priority with Pobal; and if he will make a statement on the matter. [25842/20]

View answer

Written answers

The National Childcare Scheme (NCS) was first launched in November 2019. There are currently over 28,000 children who are subject to a claim by childcare providers. This is the highest number of child registrations on NCS to date and in comparative terms more children are registered for my Department’s schemes overall than were registered at the same time last year.

The National Childcare Scheme is provided through the HIVE platform, which has been designed to meet the current and future needs of users.

My Department is not aware of any significant technical issues with the registration of children on the NCS system by childcare providers. A small number of issues have arisen which have been quickly resolved. Such issues are normal within any new system and are being ironed out as they arise.

Notwithstanding this, we are very aware that some providers have faced challenges in using the new system. The scheme is new and the IT system supporting it is new, and it is taking time for some providers to become familiar with the new requirements.

Pobal, the scheme administrator, will continue to enhance the system to ensure it is responsive to providers business needs and that it is tailored where possible based on feedback from providers.

My Department has already met with a number of representative groups to identify where our systems might work better or target where further support may be required.

Pobal will also be looking to engage with users based on their experience to see where further enhancement, training or support may be required.

Pobal continues to provide support and assistance directly to early years providers through their dedicated Early Years Provider Centre (EYPC) but they are currently experiencing a very high volume of calls, which may result in delays in our response times.

Pobal have taken urgent action to lessen this and have recruited and trained new staff. Pobal will be endeavouring to respond to providers as quickly as possible.

If the Deputy is aware of specific issues being experienced by individual providers I would encourage her to refer those providers to Pobal’s Early Years Provider Centre by contacting eypc@pobal.ie or calling 01 511 7222.

Child Abuse

Questions (159)

Brendan Griffin

Question:

159. Deputy Brendan Griffin asked the Minister for Children, Disability, Equality and Integration if he will address a matter (details supplied); and if he will make a statement on the matter. [25854/20]

View answer

Written answers

The Deputy is referring to an operational matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that a direct response be provided to the Deputy.

Student Accommodation

Questions (160)

Mattie McGrath

Question:

160. Deputy Mattie McGrath asked the Minister for Further and Higher Education, Research, Innovation and Science if he has engaged with private accommodation providers regarding returning deposits to students that will not be availing of student accommodation due to the blended learning format of the 2020-2021 academic year. [25741/20]

View answer

Written answers

I am conscious of the challenges faced by students regarding student accommodation this year due to financial pressures and the blended learning format of the 2020/21 academic year. Throughout the last number of months my Department has been engaging with representatives from the higher education sector to address the challenges faced by students in this difficult time. My Department, in consultation with these key stakeholders will continue to monitor the situation relating to student accommodation closely.

Refund or cancellation policies in student accommodation should be set out in the license agreement signed at the beginning of the academic year. In the first instance students should engage with their accommodation provider to see if an arrangement can be reached in regard to a refund.

If this is not possible, under the Residential Tenancies (Amendment) Act 2019 students have access to the Dispute Resolution Services of the Residential Tenancies Board (RTB). While I would wish for private providers to show flexibility to students in this matter, it is not within my remit to issue instruction in relation to the private rental market.

Further and Higher Education

Questions (161)

Catherine Murphy

Question:

161. Deputy Catherine Murphy asked the Minister for Further and Higher Education, Research, Innovation and Science the number of learners that can be facilitated in accordance with public health guidelines in both further education and higher education settings; if specific arrangements have been put in place to complete courses in the further education area that were interrupted by Covid-19; and if he will make a statement on the matter. [25762/20]

View answer

Written answers

Risk mitigation plans across the FET and HE sectors are informed by the size and layout of buildings, the numbers of learners enrolled, the types of awards and educational opportunities available, the transport links available and the resources available (including human resources). Each FET centre and HE institution has carried out a risk assessment on their college/centre and put protective measures in place in line with national guidelines and best available evidence. As such, the specific number of learners that can be facilitated in any learning environment must be assessed on a case by case basis by the individual institution.

The Department, in consultation with stakeholders in the further and higher education sector, have developed a three-pillar series of guides for returning to education and training and for shaping the work of institutions and providers as we continue to move through the pandemic. These three pillars are –

(i) A high level Further and Higher Education Roadmap which provides an overview of the phased return to Further and Higher Education

(ii) A Covid-19 Adaptation Framework which provides a structure, guidance and support for further and higher education institutions and providers that does not end with re-opening. This is to assist them in consistently and collaboratively continuing to adapt to meeting the challenges posed by this pandemic.

(iii) Practical Guidance for Further and Higher Education for Returning to On-Site Activity in 2020. This guidance was prepared on a consultative basis with sector stakeholders and with the assistance of public health expertise. This guidance was published on July 22nd, and was supplemented by more detailed campus specific implementation guidelines developed by public health experts within the Higher Education sector, published on 5 August. Implementation guidelines were developed by Education and Training Boards Ireland (ETBI) and SOLAS for Further Education and Training Institutions and published on 11 August 2020.

In response to the COVID 19 emergency, the Further Education and Training (FET) sector demonstrated a swift and appropriate response making specific provision for learners engaged in their programmes and nearing completion of their awards, with adjusted teaching strategies and alternative assessments supporting learners remotely wherever possible. In some cases, where alternative assessment approaches could not be created without compromising the integrity of the award standard or where access to specialist equipment for the learner to complete assessments is necessary, ETB institutions communicated with these learners on the individual approaches being undertaken to enable them progress.

All FET Institutions re-opened for staff on 31 August. Phased reopening for learners has been occurring throughout September with service delivery commencing on or before 29 September in all cases.

FET institutions planned for returning to education and training taking a phased return of learners into consideration. Priority was given to learners awaiting assessment who have their course substantially completed, to those who require additional tuition and practical instruction in order to complete their FET programme and to continuing learners, before the enrolment of new learners.

Covid-19 Pandemic

Questions (162)

Rose Conway-Walsh

Question:

162. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science if he has reviewed the plans for the safe return of students to third-level education produced by individual institutions; if he is satisfied that these plans are in line with his Department guidelines published in July 2020, the HSE approval guidelines from an association (details supplied) in addition to the Living with Covid plan published in September 2020; if he is satisfied that the institutions have accurately interpreted the two metre social distancing rule; and if he will make a statement on the matter. [25766/20]

View answer

Written answers

To support the return to college in 2020, on July 22nd my Department published its three-pillar series of guides for returning to on-site learning in 2021, which consisted of a high-level roadmap, a COVID-19 adaptation framework, and practical guidance for returning to on-site activity. This unique three-pillar approach was developed in close consultation with agencies, stakeholders, provider representative bodies and social partners.

These guides have since been supplemented by Implementation Guidelines developed by experts within the higher education sector, and approved by the Health Protection Surveillance Centre, published on August 5th. These guidelines can be further updated and modified as the public health situation evolves.

Against this backdrop of Government, Departmental and sectoral guidance, Higher Education Institutions have been undertaking detailed planning and contingencies for re-opening and communicating these to students and learners as they move from emergency remote learning towards a mode of blended learning, combining both online and onsite provision.

The balance between face to face and online learning will be different in each programme, and will depend on factors such as the teaching and learning needs of various disciplines, the size of student and learner groups and the practical/theoretical balance of learning outcomes.

A robust model of outbreak management is being put in place, as a priority, by the higher education system across all universities and institutes of technology. This aims to safeguard students and staff and the communities in which they are located.

Last week in the light of the deterioration in the COVID-19 situation in Dublin, following NPHET’s request, Government asked that higher and further education institutions consider enhanced protective measures.

In the light of this request, additional protections are being introduced which will see a more gradual reopening of higher and further education facilities in Dublin. Individual institutions have revised their plans and are communicating with students.

It is not intended for my Department to review or approve the plans put in place by individual institutions. The diversity and flexibility of the Higher Education sector has been key in driving responsive and adaptable approaches to the challenges created by the pandemic. The guidance that has been provided is designed to allow HEIs to leverage that flexibility to adapt to a evolving situation, and change their approach in accordance with the latest health advice.

Springboard Programme

Questions (163)

Seán Haughey

Question:

163. Deputy Seán Haughey asked the Minister for Further and Higher Education, Research, Innovation and Science if sole traders registered with the Revenue Commissioners can be made eligible for free Springboard courses; and if he will make a statement on the matter. [25772/20]

View answer

Written answers

Springboard+ which incorporates the ICT skills conversion programme, is a specific initiative which provides free and 90% subsidised part-time and full-time courses aimed at addressing the current skills needs of employers and supporting jobseekers to return to employment.

Employed or self-employed people are eligible to undertake NFQ Level 6 courses free of charge, and NFQ level 7-9 courses on payment of 10% of the course cost.

Sole traders registered with the Revenue Commissioners fall under the category of self-employed.

Evidence of their status may be demonstrated through providing revenue documentation, or other evidence of their self-employed status, which could include evidence to that effect from their accountant.

Further information on Springboard+ 2020 including entry requirements and eligibility criteria are available on the dedicated information and applications website: www.springboardcourses.ie

Student Grant Scheme

Questions (164)

Róisín Shortall

Question:

164. Deputy Róisín Shortall asked the Minister for Further and Higher Education, Research, Innovation and Science if he will consider reviewing the residency clause of the Student Support Act 2011 in order that the children of returning Irish emigrants are not discriminated against by not being in the State for three out of the previous five years prior to their student grant application; and if he will make a statement on the matter. [25853/20]

View answer

Written answers

Under the terms of the student grant scheme, grant assistance is awarded to students who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.

With regard to the residency criterion, in order to be eligible for a grant, a "student", as defined in Section 14 of the Student Support Act 2011, must demonstrate that he/she has been resident in the State for at least three years out of the five year period ending on the day before the start of his/her approved course of study. Similar and in some cases more restrictive residency criteria apply in other member States e.g. in the UK a student has to be resident for the three years immediately preceding his/her commencement in college.The three out of five year rule takes cognisance of students who wish to take time out to travel or work abroad. Such students can still meet the residency requirement if they have not been outside the State for more than two of the previous five years. It is also possible for students, who did not meet the residency requirement at the commencement of their studies, to have their eligibility reviewed if they meet the residency requirement during the course of their studies.

Alternatively a tuition student who meets the residency requirement in a Member State, the EEA or Switzerland and satisfies the nationality requirements may be eligible for a fee grant.

Citizenship Applications

Questions (165)

Rose Conway-Walsh

Question:

165. Deputy Rose Conway-Walsh asked the Minister for Justice if she will address a matter regarding the case of persons (details supplied); and if she will make a statement on the matter. [25692/20]

View answer

Written answers

It is the policy of the Visa Division of the Immigration Service of my Department to return certain original documents, such as birth certificates, once copied. Due to the passage of time, and in line with the data retention policy, copies of documents submitted with a visa application in 2005 would have been confidentially disposed of by now.

A person making an application for a certificate of naturalisation is required to provide satisfactory evidence of their identity and nationality. This is usually in the form of a currently valid passport and may include other original supporting documents, such as a previously held or out of date passport, birth certificate and marriage certificate.

In rare circumstances where an applicant cannot produce their current passport, or a previous passport, birth certificate or other supporting documents, the applicant will be required to provide a full explanation. Such explanation should, where possible, be supported by satisfactory evidence that they have attempted to obtain such documentation and correspondence from the relevant authorities or embassy responsible for the issuing of passports and birth certificates in their country, clearly stating the reasons the documentation cannot be provided. The Immigration Service will consider the explanation given and, if satisfied it is for reasons genuinely beyond the applicant's control, may suggest alternative means to the person to assist in establishing their identity and nationality.

Parental Leave

Questions (166)

Brendan Griffin

Question:

166. Deputy Brendan Griffin asked the Minister for Justice if the additional three weeks of parental leave will be enacted as soon as possible (details supplied); and if she will make a statement on the matter. [25696/20]

View answer

Written answers

The Parent’s Leave and Benefit Bill 2019 provides for two weeks of parent’s leave and benefit for all new parents in employment or self-employment in respect of children born or placed for adoption on or after 1 November 2019. This is to facilitate parents in spending more time with their children in their critical first year of life.

The Government is currently 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.

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 by the Department of Employment Affairs and Social Protection.

This will be a matter for Minister O'Gorman to progress following the transfer of this function to his Department.

Property Management Companies

Questions (167)

Paul Murphy

Question:

167. Deputy Paul Murphy asked the Minister for Justice the provisions in place for the regulation of property management companies; and her plans to introduce further provisions for the regulation of property management companies. [25719/20]

View answer

Written answers

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.

The Government has committed in the Programme for Government to conduct a review of the existing management company legislation.

Penal Policy Review Group

Questions (168)

Patrick Costello

Question:

168. Deputy Patrick Costello asked the Minister for Justice her plans to publish the eighth report of the implementation oversight group relating to the implementation of Penal Policy Review Group recommendations. [25793/20]

View answer

Written answers

Penal reform is a priority issue for me as the Minister for Justice and Equality and is reflected in the current Programme for Government.

As the Deputy may be aware, the Implementation Oversight Group chaired by Professor Mary Rogan was set up in 2015 to drive and monitor implementation of the 43 recommendations of the Penal Policy Review Group and since that time, the group has published seven bi-annual progress reports. As part of the Programme for Government I have committed to reviewing the progress made on penal reform to date with a view to identifying further policy options for prison and penal reform.

To that end, a review is underway within my Department to examine the progress made since the Penal Policy Review Group. This review is also examining the recommendations made by the Joint Justice and Equality Oireachtas Committee in their 2018 report on Penal Reform and Sentencing. The Deputy will wish to note that the eighth report of the Implementation Oversight Group will be published in conjunction with the current review on progress in penal reform and that it is my intention to publish both before the end of this year.

Fines Administration

Questions (169)

Patrick Costello

Question:

169. Deputy Patrick Costello asked the Minister for Justice the number of fine defaulters that have received community service in lieu of prison time in the past four years by county. [25794/20]

View answer

Written answers

I have requested information from the Courts and the Probation Service on the matter requested by the Deputy.

This information is currently being compiled and verified and I will write directly to the Deputy when it is available.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Questions 169 of 23 September and 214 of 24 September 2020. As both questions relate to alternative orders in the event of non-payment of court fines – under the Fines (Recovery and Payment) Act 2014 – I trust a singular response will suffice. While you had sought statistical information on the numbers of orders made to date, I believe it important, in the first instance, to put these figures into some context. As you will be aware, the Fines (Recovery and Payment) Act 2014 (“the Act”) came into force in 2016, and provides for alternative orders to imprisonment for the non-payment of fines. This was seen as an important reform in addressing the level of short term prison sentences issued for the non-payment of court imposed fines. In 2015, prior to commencement of the Act, there were 9,883 such committals. In 2019, that figure had fallen to only 861; a reduction of 91%.
The Act stipulates that a person who defaults on their court fine must be brought back to court, before a judge can make an alternative order. These second hearings are sometimes referred to as “enforcement hearings”. Once the defaulter attends the enforcement hearing, a judge can decide upon an attachment of earnings order, a recovery order (if the fine was greater than €500), or a community service order. If the court is not satisfied with matters relating to the alternative options, an order committing the person to prison can be made.
All such outcomes require the defaulter to appear at an enforcement hearing. In the event of non-attendance – and if satisfied that the original notice was served – a court may decide to adjourn the enforcement hearing to a new date or issue a warrant for the arrest of the person. While, data on attendance levels is not systematically captured, the Court Service have previously estimated the attendance rate at enforcement hearings to be approximately 10%. This has greatly significantly reduced the efficacy of the Act, as it removes the possibility of deciding upon appropriate alternative sanctions.
A Departmental High Level Group – which also includes representatives from the Courts Service, the Office of the Attorney General, An Garda Síochána, the DPP, the Irish Prison Service and the Probation Service – was established to explore how to improve the effectiveness of the collection process, in the context of the legislation and its implementation. Work is ongoing in this area including a detailed examination of fine enforcement mechanisms in other jurisdictions. The intention is develop and agree an action plan for improvement.
In relation to your request for the number of attachment orders, community service orders, prison orders and recovery orders in each of the years 2016 to 2019 and to date in 2020 – in relation to non-payment of court fines – the Court Service have supplied the table (see Appendix A) , noting that:
• A person may have received more than one sanction in a year, and therefore they may appear twice in the table.
• A sanction may cover more than one offence, for example an attachment of earnings order may cover more than one offence.
• In 2018 and 2019, a high number of prison committals were imposed in a court where the defendant was not present. As described above, none of the default orders can be imposed in such circumstances. Subsequently, the State brought applications to set these committal warrants aside.
Your question of 23 September sought the number of fine defaulters that have received community service in lieu of prison time in the past four years by county, to which the Courts Service has supplied the tables (see Appendix B) , noting that:
• The tables display the number of persons that received a Community Service Order from 1 January 2017 to 30 June 2020 for failing to pay a Court imposed fine in full. The report attached is broken down by person by year.
• A person may appear in more than one year if they received a Community Service Order in different years. For example, if a person received 1 Community Service Order in 2018 and 1 Community Service Order in 2019 they will appear as two records in the report.
Appendix A

Orders

2017

2018

2019

2020 (30 Sep)

Persons

Offences

Persons

Offences

Persons

Offences

Persons

Offences

Attachment of Earnings

-

-

13

30

26

32

7

19

Recovery

1

1

8

9

31

60

25

28

Community Service

4

5

280

434

592

823

136

204

Imprisonment

3

3

739

1,138

396

801

98

220

Appendix B
2017

Office

Court Venue

Number by Court Venue

Number by Court Office

Office

Court Venue

Number by Court Venue

Number by Court Office

CARLOW DISTRICT COURT OFFICE

CARLOW

1

CARLOW DISTRICT COURT OFFICE Total

1

LONGFORD DISTRICT COURT OFFICE

LONGFORD

1

LONGFORD DISTRICT COURT OFFICE Total

1

MONAGHAN DISTRICT COURT OFFICE

MONAGHAN

1

MONAGHAN DISTRICT COURT OFFICE Total

1

MULLINGAR DISTRICT COURT OFFICE

Mullingar

1

MULLINGAR DISTRICT COURT OFFICE Total

1

Grand Total

4

2018

Office

Court Venue

Number by Court Venue

Number by Court Office

Office

Court Venue

Number by Court Venue

Number by Court Office

ATHLONE DISTRICT COURT OFFICE

ATHLONE

18

ATHLONE DISTRICT COURT OFFICE Total

18

BRAY DISTRICT COURT OFFICE

BRAY

9

BRAY DISTRICT COURT OFFICE Total

9

CARLOW DISTRICT COURT OFFICE

CARLOW

22

CARLOW DISTRICT COURT OFFICE Total

22

CAVAN DISTRICT COURT OFFICE

CAVAN

8

VIRGINIA

3

CAVAN DISTRICT COURT OFFICE Total

11

CLONMEL DISTRICT COURT OFFICE

Clonmel Court No. 2

3

CLONMEL DISTRICT COURT OFFICE Total

3

CORK DISTRICT COURT OFFICE

Court No. 1, Cork City

1

Court No. 2, Cork City

1

Court No. 5, Cork City

1

MIDLETON

3

CORK DISTRICT COURT OFFICE Total

6

Dublin

Court No. 27, Four Courts

9

Court No. 5 (CCJ)

12

Dublin Total

21

DONEGAL DISTRICT COURT OFFICE

NA GLEANNTA

1

DONEGAL DISTRICT COURT OFFICE Total

1

ENNIS DISTRICT COURT OFFICE

Ennis

11

KILLALOE

2

ENNIS DISTRICT COURT OFFICE Total

13

KILKENNY DISTRICT COURT OFFICE

KILKENNY

48

KILKENNY DISTRICT COURT OFFICE Total

48

LETTERKENNY DISTRICT COURT OFFICE

Letterkenny Court No. 1

2

LETTERKENNY DISTRICT COURT OFFICE Total

2

LIMERICK DISTRICT COURT OFFICE

Court No 2 Courts Complex

1

Courtroom 1

7

Courtroom 6

14

NEWCASTLEWEST

8

LIMERICK DISTRICT COURT OFFICE Total

30

LONGFORD DISTRICT COURT OFFICE

LONGFORD

42

LONGFORD DISTRICT COURT OFFICE Total

42

MONAGHAN DISTRICT COURT OFFICE

CARRICKMACROSS

2

MONAGHAN

10

MONAGHAN DISTRICT COURT OFFICE Total

12

MULLINGAR DISTRICT COURT OFFICE

MULLINGAR

14

MULLINGAR DISTRICT COURT OFFICE Total

14

PORTLAOISE DISTRICT COURT OFFICE

PORTLAOISE

1

PORTLAOISE DISTRICT COURT OFFICE Total

1

SLIGO DISTRICT COURT OFFICE

SLIGO

2

TUBBERCURRY

1

SLIGO DISTRICT COURT OFFICE Total

3

TULLAMORE DISTRICT COURT OFFICE

TULLAMORE

20

TULLAMORE DISTRICT COURT OFFICE Total

20

WATERFORD DISTRICT COURT OFFICE

WATERFORD

3

WATERFORD DISTRICT COURT OFFICE Total

3

WEXFORD DISTRICT COURT OFFICE

WEXFORD

1

WEXFORD DISTRICT COURT OFFICE Total

1

Grand Total

280

2019

Office

Court Venue

Number by Court Venue

Number by Court Office

Office

Court Venue

Number by Court Venue

Number by Court Office

ATHLONE DISTRICT COURT OFFICE

ATHLONE

15

ATHLONE DISTRICT COURT OFFICE Total

15

BALLINA DISTRICT COURT OFFICE

BALLINA

1

BALLINA DISTRICT COURT OFFICE Total

1

BRAY DISTRICT COURT OFFICE

ARKLOW

4

BRAY

11

BRAY DISTRICT COURT OFFICE Total

15

CARLOW DISTRICT COURT OFFICE

CARLOW

31

CARLOW DISTRICT COURT OFFICE Total

31

CARRICK-ON-SHANNON OFFICE

CARRICK ON SHANNON

1

CARRICK-ON-SHANNON OFFICE Total

1

CAVAN DISTRICT COURT OFFICE

CAVAN

14

VIRGINIA

9

CAVAN DISTRICT COURT OFFICE Total

23

CLONAKILTY DISTRICT COURT OFFICE

BANTRY

1

MACROOM

1

CLONAKILTY DISTRICT COURT OFFICE Total

2

CLONMEL DISTRICT COURT OFFICE

CASHEL

4

Clonmel Court No. 2

2

TIPPERARY

2

CLONMEL DISTRICT COURT OFFICE Total

8

CORK DISTRICT COURT OFFICE

Court No. 1, Cork City

7

Court No. 3, Cork City

38

MIDLETON

8

CORK DISTRICT COURT OFFICE Total

53

DONEGAL DISTRICT COURT OFFICE

AN CLOCHAN LIATH

1

DONEGAL

1

DONEGAL DISTRICT COURT OFFICE Total

2

DUBLIN METROPOLITAN DISTRICT

Court No. 2 (CCJ)

38

Court No. 3 (CCJ)

2

Court No. 4 (CCJ)

1

Court No. 8 (CCJ)

4

DUBLIN METROPOLITAN DISTRICT Total

45

ENNIS DISTRICT COURT OFFICE

Ennis

11

KILRUSH

1

ENNIS DISTRICT COURT OFFICE Total

12

GALWAY DISTRICT COURT OFFICE

DOIRE AN FHEICH

1

Galway Court No. 2

13

Galway Court No. 3

14

TUAM

3

GALWAY DISTRICT COURT OFFICE Total

31

KILKENNY DISTRICT COURT OFFICE

KILKENNY

71

KILKENNY DISTRICT COURT OFFICE Total

71

LETTERKENNY DISTRICT COURT OFFICE

BUNCRANA

1

Letterkenny Court No. 1

4

LETTERKENNY DISTRICT COURT OFFICE Total

5

LIMERICK DISTRICT COURT OFFICE

Courtroom 3

40

Courtroom 6

25

NEWCASTLEWEST

26

LIMERICK DISTRICT COURT OFFICE Total

91

LONGFORD DISTRICT COURT OFFICE

LONGFORD

45

LONGFORD DISTRICT COURT OFFICE Total

45

LOUGHREA DISTRICT COURT OFFICE

LONGFORD

2

LOUGHREA DISTRICT COURT OFFICE Total

2

MALLOW DISTRICT COURT OFFICE

FERMOY

10

MALLOW

13

MALLOW DISTRICT COURT OFFICE Total

23

MONAGHAN DISTRICT COURT OFFICE

CARRICKMACROSS

2

MONAGHAN

3

MONAGHAN DISTRICT COURT OFFICE Total

5

MULLINGAR DISTRICT COURT OFFICE

MULLINGAR

15

MULLINGAR DISTRICT COURT OFFICE Total

15

NENAGH DISTRICT COURT OFFICE

NENAGH

10

THURLES

3

NENAGH DISTRICT COURT OFFICE Total

13

PORTLAOISE DISTRICT COURT OFFICE

PORTLAOISE

6

PORTLAOISE DISTRICT COURT OFFICE Total

6

ROSCOMMON DISTRICT COURT OFFICE

ROSCOMMON

2

ROSCOMMON DISTRICT COURT OFFICE Total

2

SLIGO DISTRICT COURT OFFICE

SLIGO

7

SLIGO DISTRICT COURT OFFICE Total

7

TULLAMORE DISTRICT COURT OFFICE

TULLAMORE

20

TULLAMORE DISTRICT COURT OFFICE Total

20

WATERFORD DISTRICT COURT OFFICE

DUNGARVAN

3

WATERFORD

24

WATERFORD DISTRICT COURT OFFICE Total

27

WEXFORD DISTRICT COURT OFFICE

GOREY

13

WEXFORD

8

WEXFORD DISTRICT COURT OFFICE Total

21

Grand Total

592

2020 (30 June)

Office

Court Venue

Number by Court Venue

Number by Court Office

Office

Court Venue

Number by Court Venue

Number by Court Office

ATHLONE DISTRICT COURT OFFICE

ATHLONE

3

ATHLONE DISTRICT COURT OFFICE Total

3

BRAY DISTRICT COURT OFFICE

ARKLOW

1

BRAY

5

BRAY DISTRICT COURT OFFICE Total

6

CARLOW DISTRICT COURT OFFICE

CARLOW

3

CARLOW DISTRICT COURT OFFICE Total

3

CAVAN DISTRICT COURT OFFICE

CAVAN

3

VIRGINIA

1

CAVAN DISTRICT COURT OFFICE Total

4

CORK DISTRICT COURT OFFICE

Court No. 1, Cork City

2

Court No. 3, Cork City

5

MIDLETON

3

CORK DISTRICT COURT OFFICE Total

10

DONEGAL DISTRICT COURT OFFICE

BALLYSHANNON

1

DONEGAL DISTRICT COURT OFFICE Total

1

DUBLIN METROPOLITAN DISTRICT

Court No. 2 (CCJ)

8

Court No. 8 (CCJ)

9

DUBLIN METROPOLITAN DISTRICT Total

17

ENNIS DISTRICT COURT OFFICE

Ennis

1

ENNIS DISTRICT COURT OFFICE Total

1

GALWAY DISTRICT COURT OFFICE

BALLYSHANNON

1

CASTLEREA

1

GALWAY DISTRICT COURT OFFICE Total

2

KILKENNY DISTRICT COURT OFFICE

CARLOW

1

KILKENNY

22

KILKENNY DISTRICT COURT OFFICE Total

23

LETTERKENNY DISTRICT COURT OFFICE

BUNCRANA

1

LETTERKENNY DISTRICT COURT OFFICE Total

1

LIMERICK DISTRICT COURT OFFICE

Court No 2 Courts Complex

6

Courtroom 3

5

Courtroom 6

3

NEWCASTLEWEST

8

LIMERICK DISTRICT COURT OFFICE Total

22

LONGFORD DISTRICT COURT OFFICE

LONGFORD

5

LONGFORD DISTRICT COURT OFFICE Total

5

LOUGHREA DISTRICT COURT OFFICE

BALLINASLOE

4

LOUGHREA

3

LOUGHREA DISTRICT COURT OFFICE Total

7

MALLOW DISTRICT COURT OFFICE

FERMOY

1

MALLOW

9

MALLOW DISTRICT COURT OFFICE Total

10

MONAGHAN DISTRICT COURT OFFICE

Crime Prevention

Questions (170, 171, 172)

Pádraig O'Sullivan

Question:

170. Deputy Pádraig O'Sullivan asked the Minister for Justice the position regarding tackling violent crimes involving knives; the new initiatives under way to address the issue; and if she will make a statement on the matter. [25795/20]

View answer

Pádraig O'Sullivan

Question:

171. Deputy Pádraig O'Sullivan asked the Minister for Justice the actions taken to date to monitor the prevalence and frequency of persons carrying knife-like instruments on their persons; and if she will make a statement on the matter. [25796/20]

View answer

Pádraig O'Sullivan

Question:

172. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of knives seized by An Garda Síochána in Cork city and county in 2019; and if she will make a statement on the matter. [25797/20]

View answer

Written answers

I propose to take Questions Nos. 170 to 172, inclusive, together.

I can inform the Deputy that An Garda Síochána are currently operating an Assaults in Public Reduction Strategy 2019-2021, which is targeted at tackling all types of assaults in public. This national strategy is informed by a pro-arrest, early-investigation and proactive high-visibility approach to assault reduction. It places particular emphasis on prevention, education and awareness. The strategy promotes early prosecution of offenders where feasible and appropriate.

An Garda Síochána also address the issue of knife crime through education and engagement with community initiatives.

At an operational level, An Garda Síochána pro-actively targets public disorder and anti-social behaviour, including knife-related crime, through the strategic deployment of Garda resources, and areas identified as public order hot-spots by local Garda management are the subject of additional foot and mobile patrols.

A comprehensive and robust legal framework is in place with respect to knife crime including heavy penalties for breaches of the laws concerned. Under the provisions of the Criminal Justice (Miscellaneous Provisions) Act 2009, the maximum penalty for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years. An Garda Síochána also have an extended power of search without warrant in relation to knives and offensive weapons.

The table below outlines the number of knives seized in Cork between January 2019 and December 2019.

Cork City

Cork North

Cork West

Total

160

72

23

255

The Deputy will also be aware that my Department has published a draft new Youth Justice Strategy in tandem with an online consultation, which has been completed recently. The draft Strategy is currently being refined with reference to the outcome of the public consultation and the views of key stakeholders, with a view to presenting the finalised version to Government by the end of the year.

A key priority for this new Strategy will be to strengthen and expand the role of the Garda Youth Diversion projects and other community-based initiatives, including those working with the Probation Service. Bringing the full range of relevant interventions together in a coherent and holistic response to youth crime will support the objective of diverting young people from crime and anti-social behaviour, including knife crime.

Work Permits

Questions (173)

Bernard Durkan

Question:

173. Deputy Bernard J. Durkan asked the Minister for Justice if a person (details supplied) is eligible for a work permit; and if she will make a statement on the matter. [25826/20]

View answer

Written answers

The Stamp 2 permission issued to the person concerned was due to expire on 30 September 2020, and has been automatically renewed to 20 January 2021, by the temporary extension of immigration and international protection permissions that I announced on 18 September 2020.

The person concerned may apply to the Department of Business, Enterprise and Innovation for an employment permit while in valid permission in the State. Further information on employment permits can be found on www.dbei.gov.ie or by contacting the Employment Permits Section of the Department of Business, Enterprise and Innovation on 01-4175333 or Lo-call: 1890 201 616.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Pensions Data

Questions (174)

Seán Sherlock

Question:

174. Deputy Sean Sherlock asked the Minister for Health if a person (details supplied) in County Cork may be entitled to a payment of gratuity since retiring on health grounds from the HSE in 2002. [25713/20]

View answer

Written answers

I have asked the HSE to respond directly to the Deputy.

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