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Wednesday, 7 Oct 2020

Written Answers Nos. 199-218

Further Education and Training Programmes

Questions (199)

Richard Bruton

Question:

199. Deputy Richard Bruton asked the Minister for Further and Higher Education, Research, Innovation and Science the conditions under which persons can participate in the skills to compete programme announced as part of the July stimulus; and the duration for which the additional supports will remain in place. [29257/20]

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Written answers

Skills to Compete blends transferable skills development with digital upskilling and targeted sector-focused education and training. Targeted provision will focus on skills for employment in identified growth occupations and sectors, including new and green technologies leading to awards at levels 4-6 on the NFQ.

The Skills to Compete initiative is aimed at those whose employment has been impacted by Covid-19. Specific supports will be targeted on key cohorts most at risk of falling into long-term unemployment or economic inactivity. The focus of this initiative is also on sectors particularly impacted by Covid-19, such as accommodation and food, wholesale/retail and construction sectors.

There is a requirement for individuals who are in receipt of income support and wish to participate in full-time programmes attracting a training allowance to engage with the Department of Employment Affairs and Social Protection (DEASP). Their local INTREO office will guide them through the referral process.

These Skills to Compete programme will remain in place in response to the medium and longer term economic impact of Covid-19.

Disability Act Employment Targets

Questions (200)

Neasa Hourigan

Question:

200. Deputy Neasa Hourigan asked the Minister for Justice when she will publish the report on compliance with Part 5 of the Disability Act 2005 for 2018 and 2019 respectively; the number of employees with a disability in each Department in 2018 and 2019 respectively; the criteria by which employees identify themselves as having a disability; and if she will make a statement on the matter. [28987/20]

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Written answers

Part 5 of the Disability Act 2005 requires public bodies to take all reasonable measures to promote and support the employment of persons with disabilities, and unless there is good reason to the contrary for not doing so, that they reach any compliance targets prescribed. The minimum target under the Act is currently 3%, scheduled to rise to 6% by 2024. Disclosure of a disability by an employee is voluntary.

The National Disability Authority has a statutory monitoring role in relation to compliance with Part 5 of the Disability Act, and submits an annual report setting out the performance of all public bodies in the immediately preceding year. This report is required to be submitted by 30th November each year. The 2019 report on performance in relation to the minimum employment target is currently being compiled. As this function will shortly be transferring to my colleague, Minister O'Gorman, the NDA report will be submitted to him for approval by 30th November 2020.

All Government Departments exceeded the minimum 3% target for 2018 - the seventh successive year that the target was exceeded by all. A breakdown of information related to individual Departments and public bodies will be available in the 2018 and 2019 reports shortly.

Personal Insolvency Arrangements

Questions (201)

Brendan Griffin

Question:

201. Deputy Brendan Griffin asked the Minister for Justice the options available to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [29209/20]

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Written answers

While I have great sympathy for the personal situation the Deputy has described on behalf of his constituent, it is not possible to provide financial advice on individual cases.

However, as a general rule, if a person’s financial circumstances suffer an unexpected change due to illness or other circumstances, after they have concluded a Personal Insolvency Arrangement, section 119 of the Personal Insolvency Act 2012, as amended by section 22 of the Personal Insolvency (Amendment) Act 2015, allows an application to be made by the debtor’s Personal Insolvency Practitioner to vary the terms of the Arrangement. Further information and assistance is available from the Insolvency Service of Ireland at www.isi.gov.ie.

Refugee Resettlement Programme

Questions (202)

Richard Boyd Barrett

Question:

202. Deputy Richard Boyd Barrett asked the Minister for Justice her views on the request being made by many campaigners to increase the number of refugees to 400 from the Moria refugee camp in Lesbos, Greece, following the recent fire; and if she will make a statement on the matter. [28545/20]

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Written answers

Ireland strongly supports the principle of solidarity and recognises that assistance is required for Member States who face a disproportionate number of applicants and where incidences such as that which occurred in the Moria camp in Lesbos can cause additional hardship.

Last week, I announced an additional commitment under the Irish Refugee Protection Programme (IRPP) to welcome up to 50 people in family groups from Greece following the recent fire that almost completely destroyed the Moria camp on the island of Lesbos in Greece.

The families who will arrive from Greece have already been granted an international protection status by the Greek authorities. I will grant them ‘programme refugee’ status immediately upon their arrival in Ireland. Officials from my Department are liaising with the European Commission on the detail of this commitment, and along with An Garda Síochána will travel to Greece in the coming weeks to make the arrangements for their safe passage to Ireland.

My colleague, Minister O'Gorman, has also committed to relocating four unaccompanied minors from Greece into the care of Tusla. Minister O'Gorman and his officials are working with Tusla to accelerate the arrival of additional unaccompanied refugee children from Moria, and hope to make further announcements in due course.

The Irish Refugee Protection Programme (IRPP) was established in 2015 in response to the migration crisis in central and southern Europe. Under this programme, the Government committed to accepting up to 4,000 people into the State, primarily through a combination of the EU Relocation Programme and the UNHCR's Refugee Resettlement Programme.

To date, more than 3,350 people have arrived in the State under this first phase of the Irish Refugee Protection Programme (IRPP). Most of the remaining people will arrive under the Irish Refugee Protection Programme Humanitarian Admissions Programme (IHAP). However, these people make their own travel arrangements, and so no exact timeframe can be given for when they might arrive in Ireland.

Last December, a second phase of the IRPP was announced giving a commitment to welcome a further 2,900 refugees between this year and 2023, through a combination of resettlement and community sponsorship. The refugees who are due to arrive from Greece are in addition to this number.

Ireland can only accept the number of people that we are able to accommodate and support effectively. We will of course consider additional numbers as part of the EU response when we can provide the necessary support services including initial accommodation and appropriate housing once the new arrivals have received some orientation support. The matter will continue to be kept under review.

EU Directives

Questions (203)

Martin Kenny

Question:

203. Deputy Martin Kenny asked the Minister for Justice when she will publish the amendment to the European Communities (Free Movement of Persons) Regulations 2015 necessitated by the Chenchooliah judgment of the European Court of Justice; and if she will make a statement on the matter. [28982/20]

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Written answers

My Department is currently finalising the amendment of the European Communities (Free Movement of Persons) Regulations 2015, to fully bring them in line with the ruling of the European Court of Justice (ECJ) in the Chenchooliah case.

The Immigration Service of my Department is also finalising a removal procedure for the persons who come, or have once come, within the provisions of the Free Movement Directive.

As soon as the Regulations are amended and the removal procedure has been finalised, the Immigration Service will be in contact with the various persons whose cases are impacted by the ruling, and their legal representatives.

Garda Data

Questions (204, 205, 206)

James Lawless

Question:

204. Deputy James Lawless asked the Minister for Justice the number of gardaí who have retired from 2015 to 2020, in tabular form; and if she will make a statement on the matter. [28995/20]

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James Lawless

Question:

205. Deputy James Lawless asked the Minister for Justice the number of gardaí who have joined the force from 2015 to 2020, in tabular form; and if she will make a statement on the matter. [28996/20]

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James Lawless

Question:

206. Deputy James Lawless asked the Minister for Justice the current number of gardaí; and if she will make a statement on the matter. [28997/20]

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Written answers

I propose to take Questions Nos. 204 to 206, inclusive, together.

As the Deputy is aware, retirement of members of An Garda Síochána is governed by law, which sets the mandatory retirement age for all members at 60 years of age. Members of An Garda Síochána who joined prior to 1 April 2004 may retire on full pension at 50 years of age once they have served at least 30 years and those who joined on or after 1 April 2004 may retire on full pension at 55 years of age with 30 years service. Gardaí have the option of continuing to serve until they reach 60, subject to the Garda Commissioner being satisfied that they are fully competent and available to undertake their duties.

I have set out below the number of retirements in each of the years 2015 to 2019 and to date in 2020, as provided to me by the Garda authorities. The Deputy will note that these figures include compulsory and voluntary retirements, as well as cost neutral early retirements.

Year

Total Retirements

2020* as of 30 September

164

2019

223

2018

218

2017

226

2016

228

2015

238

I am advised by the Garda authorities that projected departures are kept under continuous review and that the level of recruitment is adjusted as necessary in order to maintain the desired strength.

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, as amended, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment and training of the members of An Garda Síochána. As Minister, I have no responsibility for these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

Since the reopening of the Garda College in September 2014, 3,488 probationers have attested and been assigned to frontline policing duties nationwide, including the new probationers that attested this year.

The resources provided to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation. There are now over 14,600 Gardaí nationwide, supported by over 3,000 Garda staff and these numbers are continuing to grow. Taken together, this increase in the number of Garda members and staff is delivering a significant growth in operational policing hours nationwide.

The Deputy may wish to know that detailed information in relation to the allocation of probationer Gardaí is available on my Department’s website at the following link:

http://www.justice.ie/en/JELR/008_Allocation_of_Probationer_Gardaí_by_Division_and_Station_2014_to_July_2020.xlsx/Files/008_Allocation_of_Probationer_Gardaí_by_Division_and_Station_2014_to_July_2020.xlsx

The Deputy may also wish to know that detailed information in relation to Garda numbers, including figures for the years 2015 and up to and including 31 August 2020 is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, at the following link:

http://www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_July_2020.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_July_2020.xlsx

Additional information on Garda staff, the Garda Workforce and other facts and figures are available at the following link:

http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures

Garda Equipment

Questions (207)

Thomas Pringle

Question:

207. Deputy Thomas Pringle asked the Minister for Justice the details of guidelines or policies governing the use of automated weapons systems and robotics by An Garda Síochána; and if no such guidelines or policies exist, the reason therefore. [29001/20]

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Written answers

I have requested a report from the Garda authorities on the information sought by the Deputy and I will contact him directly when the report is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 207 for answer on 07 October 2020, in which you requested “the details of guidelines or policies governing the use of automated weapons systems and robotics by An Garda Síochána; and if no such guidelines or policies exist, the reason therefor”. You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and to contact you again.
On foot of these consultations, I can inform you that An Garda Síochána, for policy and security reasons, does not comment on matters of security.
I hope this information is of assistance.

Child Custody and Access

Questions (208)

Jackie Cahill

Question:

208. Deputy Jackie Cahill asked the Minister for Justice the forms of protections in place within the courts system to ensure that children and custody issues are not used as leverage in proceedings between parents of such children; and if she will make a statement on the matter. [29054/20]

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Written answers

Irish family law places an emphasis on recognising the rights of a child to the society of both his or her parents. Very significant modernisation of the law in this area was brought about in 2015 with the enactment of the Children and Family Relationships Act 2015, which amended extensively the Guardianship of Infants Act 1964. The reforms in family law provided for in that Act recognise the crucial role of parents and the need for a child to maintain meaningful relationships with both parents.

Married parents of a child are automatically joint guardians and have joint custody of their children. Where married parents separate or divorce, they can decide between themselves on custody arrangements for their children or apply to the courts to decide on the matter.

The Deputy will be aware that Article 42A.4 of the Constitution requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.

Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child in such proceedings. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents. Also required to be considered, where applicable, are proposals made for the child’s custody, care, development and upbringing and for access to and contact with the child, having regard to the desirability of the parents or guardians of the child agreeing to such proposals and co-operating with each other in relation to them. A further factor to be considered is the willingness and ability of each of the child’s parents to facilitate and encourage a close and continuing relationship between the child and the other parent. The courts shall have regard to all of these factors or circumstances that it regards as being relevant to the child concerned and his or her family and make its decision accordingly.

Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding the custody of a child or the right of access to the child. A court may also make any necessary orders under section 11 when it is dealing with proceedings relating to divorce or judicial separation. Section 11D of the 1964 Act obliges the court in proceedings under section 11 to consider whether the child's best interests would be served by maintaining personal relations and direct contact with each of his or her parents on a regular basis. Section 25 of the 1964 Act also requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in guardianship, custody and access matters, having regard to the age and understanding of the child. Section 12A of the 1964 Act provides that in making any order under the Act, the court may impose such conditions as it considers to be necessary in the best interests of the child.

I have no role in the making of court orders in relation to guardianship, custody and access to children. This is a matter for the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.

I have recently published the General Scheme of a Family Court Bill, which provides for the establishment of a District Family Court, a Circuit Family Court and a Family High Court as divisions within the existing court structures. The enactment of this Bill is a key commitment in the Programme for Government. The General Scheme of the Family Court Bill aims to streamline family court processes to make them more efficient and user-friendly, while encouraging greater use of alternative dispute resolution. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system. The proposals in the General Scheme of the Family Court Bill are a result of a broad consideration as to the best means of providing access to various family law mechanisms available to those families involved in private family law cases.

Prisoner Welfare

Questions (209)

Niall Collins

Question:

209. Deputy Niall Collins asked the Minister for Justice her views on matters raised in correspondence (details supplied); and if she will make a statement on the matter. [29097/20]

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Written answers

The Deputy will appreciate that I cannot comment on an individual case.

The Irish Prison Service is responsible for the safe and secure custody of all persons held in prison. I have been advised by the Service that they have previous experience dealing with such committals.

Where a court makes an order committing a person to a prison, the Irish Prison Service must accept that person into custody in whichever prison is specified by the court. All prisoners committed to Limerick Prison are accommodated in accordance with their legal gender.

I am advised that, on arrival in prison, all prisoners are brought to the reception / committal unit of the prison, where there is an opportunity to provide details as part of the committal interview process. The assessment of the prisoner’s needs may require a Prison Governor to consider the biological gender, legal gender, gender identity, transgender, gender expression, sexual orientation or gender recognition legislation.

I am, however, also informed that the Governor will also consider the risks posed including any risk to the prisoner themselves and any level of risk to other prisoners. This risk assessment will determine the regime necessary to ensure the safety of all prisoners and may include the accommodation of the prisoner on a restricted regime under Rule 63 of the Prison Rules 2007. I am further advised that in such cases the Governor may also make a recommendation on the appropriate placement within the prison system, taking into consideration good order, security and operational issues, protection issues, available accommodation and the healthcare needs of the prisoner as well as the safety and security of other prisoners and staff.

The Deputy may wish to be aware that there are number of actions contained in the National LGBTI+ Inclusion Strategy relating to LGBTI+ prisoners. Action 13.3 commits the IPS to "develop a placement and accommodation policy to reflect and build upon existing good practice in the accommodation of vulnerable prisoners including LGBTI+ people and I understand that exploratory discussions have been held with relevant stakeholders in that regard.

Citizenship Applications

Questions (210)

Sorca Clarke

Question:

210. Deputy Sorca Clarke asked the Minister for Justice the number of applications for Irish Citizenship that were received 2018, 2019 and to date in 2020, in tabular form. [29208/20]

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Written answers

The number of applications for citizenship received in each of the past three years is set out in the following table.

Year

Applications Received

2018

12,867

2019

12,275

2020 - to date

7,179

The granting of Irish citizenship through naturalisation under the provisions of the Irish Nationality and Citizenship Act 1956, as amended, is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union as well as international level. It is therefore important that appropriate procedures are in place to ensure that the integrity of the regime for granting Irish citizenship through the naturalisation process is held in high regard both at home and internationally. Our procedures are continually evolving including through service improvements due to the introduction of new technology and updated work practices.

The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. Completing the necessary checks can take a considerable period of time, however all applications are dealt with as expeditiously as possible.

Health Services

Questions (211)

Seán Sherlock

Question:

211. Deputy Sean Sherlock asked the Minister for Health the purpose and cost of a contract (details supplied). [29073/20]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy, as soon as possible.

Health Services Staff

Questions (212)

Seán Sherlock

Question:

212. Deputy Sean Sherlock asked the Minister for Health the reason his Department has not confirmed to the HSE its intention to pay an outstanding award to a cohort of section 39 workers (details supplied). [29075/20]

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Written answers

As the Deputy is aware, an agreement reached at the Workplace Relations Commission (WRC) in October 2018 provided for pay restoration in relation to 50 pilot organisations in the first instance. Pay restoration for these bodies commenced in April 2019 with further payments due this month (October 2020) and October 2021 as appropriate.

The agreement recognised that some of the remaining Section 39 organisations were also likely to have pay restoration issues. A process to address these issues commenced last year under the auspices of the WRC. The parties have yet to reach an agreement. The HSE are currently carrying out a detailed costing exercise in this regard. The Department are considering the funding required in the context of the annual Estimates process. Health sector management remain committed to the process.

Disability Services Provision

Questions (213)

Joe McHugh

Question:

213. Deputy Joe McHugh asked the Minister for Health his plans for the reintroduction of comprehensive psychology, speech and language and support services for children with special needs. [29147/20]

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Written answers

The Programme for Government, Our Shared Future, recognises the need to improve services for both children and adults with disabilities through better implementation and by working together across Government in a better way.

The Government commits to prioritising early diagnosis and access to services for children and ensuring that the most effective interventions are provided for each child, to guarantee the best outcomes.

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Airport Passenger Data

Questions (214, 239)

Róisín Shortall

Question:

214. Deputy Róisín Shortall asked the Minister for Health the level of compliance in filling out the passenger locator form on a weekly basis from 7 September 2020, in tabular form; the number of forms which were correctly and incorrectly completed on a weekly basis, in tabular form; and the number of persons that refused to fill out the form on a weekly basis in tabular form. [29152/20]

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Róisín Shortall

Question:

239. Deputy Róisín Shortall asked the Minister for Health the number of follow-up calls made to incoming passengers on a weekly basis from 7 September 2020, in tabular form; and the number of calls which were successfully answered on a weekly basis in tabular form. [29153/20]

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Written answers

I propose to take Questions Nos. 214 and 239 together.

The COVID-19 Passenger Locator Form was launched in an online format on 26 August. The introduction of an online form supports an enhanced system of engagements with arriving passengers. The main purpose of the form for the targeting of key public health messages to arriving passengers through SMS and email. The form may also be used for the purpose of contact tracing in the event there is a suspected or confirmed case on board a flight or ferry. I wish to advise that my officials are in the process, in conjunction with our call centre operator, of collating and validating the data requested. I will ensure that this information is forwarded to you directly as soon as it is available.

Primary Medical Certificates

Questions (215)

Richard O'Donoghue

Question:

215. Deputy Richard O'Donoghue asked the Minister for Health the number of patients assessed for a primary medical certificate from March 2020 to date; if he is satisfied that any backlog issues have been addressed; and if he will make a statement on the matter. [28951/20]

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Written answers

The Minister for Finance has responsibility for the Disabled Drivers and Passengers (Tax Concessions) Scheme which is operated by the Revenue Commissioners. To qualify for the Scheme, an applicant must be in possession of a Primary Medical Certificate.

The extent of the involvement of Health Service Executive (HSE) personnel in the Scheme relates to making a professional clinical determination as to whether an individual applicant meets the specified medical criteria. This determination is undertaken by Senior Medical Officers for the relevant HSE Community Health Organisation, on behalf of the Department of Finance and the Revenue Commissioners.

As the matter of assessment by a HSE Senior Medical Officer is a service matter, I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Covid-19 Pandemic

Questions (216)

Mary Lou McDonald

Question:

216. Deputy Mary Lou McDonald asked the Minister for Health his plans for nursing home providers in the CHO9 area to innovate and support residents and their families during periods of enhanced Covid-19 protective measures while being cognisant of mental and physical well-being, remaining person-centred, ensuring rights are upheld and not infringed upon in a disproportionate manner and following public health advice. [28958/20]

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Written answers

As this is an operational matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Disabilities Assessments

Questions (217)

Seán Sherlock

Question:

217. Deputy Sean Sherlock asked the Minister for Health the number of assessment of needs that took place in 2020, in each health office area in tabular form; and the amount of AON awaiting assessment to date in 2020, in tabular form per county. [28979/20]

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Written answers

The Programme for Government, Our Shared Future, recognises the need to improve services for both children and adults with disabilities through better implementation and by working together across Government in a better way.

The Government commits to prioritising early diagnosis and access to services for children and ensuring that the most effective interventions are provided for each child, to guarantee the best outcomes.

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Mental Health Services

Questions (218)

Seán Sherlock

Question:

218. Deputy Sean Sherlock asked the Minister for Health the number of children under 18 years of age admitted to adult mental health units for 2019 and to date in 2020, by county in tabular form. [28980/20]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

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