Written Answers Nos. 203-221
203. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science His plans to pay €3,000 per employer as part of the apprenticeships incentivisation scheme; if the target is 4,000 additional apprenticeships and financial resources allocated is €8 million; and if he will make a statement on the matter. [31914/20]
View answerThe Apprenticeship Incentivisation Scheme (AIS) provides an employer grant of €3,000 for each new apprentice registered from the 1st March 2020. €2,000 of the grant is paid to the employer once the apprentice is registered, and a further €1,000 is paid after one year if the apprentice is still in employment at that time.
As of the 14th October 2020, 631 employers had applied for the scheme in respect of 1,132 apprentice registrations.
Budget 2021 has now extended the scheme to include apprentices registered up to the end of June 2021. This is expected to promote the registration of approximately 4,000 apprentices in the first six months of 2021 at a cost of €8m and a further €4m in 2022. Second stage payments for 2020 registrations under the scheme will also fall due for payment in 2021.
204. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science if universities in Northern Ireland are able to offer courses through the CAO system; his views on whether the inclusion of institutes of higher education in Northern Ireland participating in the CAO would increase cross-Border enrolment; and if he will make a statement on the matter. [31915/20]
View answerThe CAO is a company established by the Irish Higher Education Institutions (HEIs) to process applications for undergraduate, and some postgraduate, courses on their behalf. It is governed by a board of directors drawn from across the higher education sector, and decisions on the operation of the CAO are made by this board. Neither I nor my Department have a role in the operation of the CAO.
HEIs in both Ireland and Northern Ireland are autonomous with regard to their administrative and academic affairs, including their applications and admissions policies. At present application to most HEIs in Northern Ireland are processed by the Universities and Colleges Admissions Service (UCAS) which is the centralised application portal for UK HEIs. Any change in the application process is a matter for the Individual HEIs in question, and I do not have a role this matter.
205. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the steps that are being taken to put supports in place for nursing and other medical students that have been forced to give up work for a number of months during placement in order to avoid any risk associated with cross contamination; and if he will make a statement on the matter. [31916/20]
View answerNeither I nor my Department have any role in relation to the provision of financial supports for nurses and other medical students undertaking clinical placements. These are matters for the Department of Health and the HSE as appropriate. In this context I refer the Deputy to PQ Number 30359/20 which I answered on 13 October.
206. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 236 of 14 October 2020, if Dublin Technical University currently holds no debt; if he plans to create a borrowing framework for the technological universities to allow them to borrow in the future; and if he will make a statement on the matter. [31917/20]
View answerI wish to advise the Deputy that TU Dublin does not have a borrowing framework and has no debt.
The Universities Act, 1997 contains a provision for universities to borrow within a framework agreed with the Higher Education Authority. This framework, which was agreed with the now Department of Further and Higher Education, Research Innovation and Science and the now Department of Public Expenditure and Reform, has been in operation for many years. A similar provision to allow Institutes of Technology to borrow is contained in the Institutes of Technology Act, 2006, and for Technological Universities under the Technological University Act, 2018, however this provision has not been enacted.
Technological Universities (TUs) are considered to be General Government entities and borrowings by TUs would contribute towards General Government expenditure and affect the General Government balance.
The Department continues to assess in consultation with stakeholders, including TU Dublin and the Department of Public Expenditure and Reform, the appropriate development of a borrowing framework for technological universities.
207. Deputy Johnny Mythen asked the Minister for Further and Higher Education, Research, Innovation and Science the breakdown of the funding for laptops for disadvantaged third-level students for each qualified college in tabular form; the number of laptops supplied to individual students from each college involved; and if he will make a statement on the matter. [31995/20]
View answerAs part of a package of COVID-19 supports for the higher and further education sectors, my Department has allocated €15 million to higher and further education providers for a once-off COVID-19 grant to support disadvantaged students in accessing ICT devices.
This initiative addresses concerns regarding the digital divide in the context of the shift to online and blended models of learning as a result of COVID-19 and the importance of supporting disadvantaged students to adapt to these new models.
Devices procured using the grant will be distributed by Higher Education Institutions and Education and Training Boards to disadvantaged students via appropriate lending schemes. Over 16,700 laptops have been procured and shipped as part of a bulk order organised by HEAnet, while additional devices are being procured by some providers directly.
I am including in the tables beneath, for the Deputy's information, the grant allocated to each provider; the number of devices procured by the HEIs and ETBs under the HEAnet bulk order and also the number of devices procured by the ETBs directly. Please note that the Department does not currently have detail in relation to the numbers of devices procured by the HEIs directly; however, this information has been requested and will be provided to the Deputy once available.
|
HEI |
Grant Allocated |
Devices (HEAnet) |
|
DCU |
€641,843 |
702 |
|
NUI Galway |
€682,999 |
835 |
|
TCD |
€466,224 |
711 |
|
TU Dublin |
€1,290,463 |
1,400 |
|
UCC |
€590,432 |
0 - all procured directly |
|
UCD |
€777,017 |
837 |
|
UL |
€563,413 |
884 |
|
MU |
€577,223 |
745 |
|
Mary Immaculate College, Limerick |
€219,065 |
333 |
|
NCAD |
€41,603 |
47 |
|
RCSI |
€64,498 |
71 |
|
St Angela's College, Sligo |
€71,748 |
109 |
|
Athlone IT |
€272,480 |
387 |
|
CIT |
€515,866 |
500 |
|
IADT |
€101,760 |
0 - all procured directly |
|
Dundalk IT |
€257,965 |
315 |
|
GMIT |
€357,694 |
403 |
|
IT Carlow |
€529,694 |
671 |
|
IT Sligo |
€263,885 |
397 |
|
IT Tralee |
€151,199 |
127 |
|
Letterkenny IT |
€373,339 |
350 |
|
Limerick IT |
€384,980 |
622 |
|
Waterford IT |
€522,544 |
844 |
|
St. Patrick's College, Maynooth |
€13,751 |
15 |
|
Marino Institute of Education |
€45,373 |
47 |
|
National College of Ireland |
€222,942 |
288 |
|
Total |
€10,000,000 |
11640 |
|
ETB |
Grant Allocated |
Devices (HEAnet) |
Devices (Procured directly) |
Total Devices |
|
Cavan and Monaghan ETB |
€211,000 |
160 |
160 |
320 |
|
City of Dublin ETB |
€887,000 |
1200 |
90 |
1290 |
|
Cork ETB |
€469,500 |
647 |
0 |
647 |
|
Donegal ETB |
€184,500 |
550 |
0 |
550 |
|
Dublin and Dun Laoghaire ETB |
€489,000 |
693 |
0 |
693 |
|
Galway and Roscommon ETB |
€326,000 |
498 |
1 |
499 |
|
Kerry ETB |
€176,500 |
282 |
0 |
282 |
|
Kildare and Wicklow ETB |
€240,500 |
356 |
0 |
356 |
|
Kilkenny and Carlow ETB |
€171,500 |
0 |
343 |
343 |
|
Laois and Offaly ETB |
€145,000 |
0 |
300 |
300 |
|
Limerick Clare ETB |
€385,000 |
0 |
900 |
900 |
|
Longford and Westmeath ETB |
€145,500 |
0 |
120 |
120 |
|
Louth and Meath ETB |
€313,500 |
250 |
173 |
423 |
|
Mayo, Sligo and Leitrim ETB |
€263,000 |
400 |
0 |
400 |
|
SOLAS Funded Groups |
€35,500 |
0 |
TBC |
TBC |
|
Tipperary ETB |
€191,000 |
200 |
0 |
200 |
|
VSCCS |
€58,000 |
0 |
TBC |
TBC |
|
Waterford and Wexford ETB |
€308,000 |
453 |
0 |
453 |
|
Total |
€5,000,000 |
5689 |
2087 |
7776 |
208. Deputy Richard O'Donoghue asked the Minister for Further and Higher Education, Research, Innovation and Science the persons eligible for the once-off €50 million Covid-19 fund; if agriculture colleges (details supplied) are included; and if he will make a statement on the matter. [32039/20]
View answerI am very conscious of the impact the pandemic has had on our students. To ensure the safety of our students and staff in further and higher education under the remit of my Department, the majority of college will be online for this semester. In recognition of the challenges facing full time third level students the Government has approved once off funding of €50m to provide additional financial assistance in this academic year. My Officials and I are developing the process on how this once-off funding will be utilised for submission to Government prior to commencement. Once finalised the details will be available for students.
The funding of Tegasc Agricultural Colleges, private Agricultural Colleges partnered with Teagasc and students of the respective colleges are a matter for the Department of Agriculture, Food and the Marine.
209. Deputy Neale Richmond asked the Minister for Further and Higher Education, Research, Innovation and Science the engagements he has had with University College Dublin in relation to providing Covid-19 compliant accommodation to students on campus; and if he will make a statement on the matter. [32055/20]
View answer210. Deputy Neale Richmond asked the Minister for Further and Higher Education, Research, Innovation and Science the engagements he has had with University College Dublin in relation to accommodation costs for students on campus; and if he will make a statement on the matter. [32056/20]
View answerI propose to take Questions Nos. 209 and 210 together.
I am conscious of the challenges faced by students regarding student accommodation this year due to both financial pressures, and the blended learning format of the 2020/21 academic year.
Responding to these issues is a significant matter of concern for myself and for my colleague the Minister for Housing, Local Government and Heritage and we are examining how accommodation providers can be encouraged to show greater flexibility to students during this challenging time.
The Deputy will be aware that the university sector is already engaging with these issues. Following the decision to minimise on-site teaching, five of the seven universities, including UCD, have confirmed that students who do not wish to proceed with their booking in university-owned student accommodation can cancel it without charge, and those who opt to leave their accommodation will receive refunds.
The “Practical Guidance for Further and Higher Education for Returning to On-site Activity in 2020”, published by my Department in July contains some guidance for managing the risk of virus transmission in student accommodation settings. This was supplemented by “Implementation Guidelines for Public Health Measures in Higher Education Institutions (HEIs)”, published in August, which were developed by public health experts from within the HEI sector and were endorsed by the Health Protection Surveillance Centre (HPSC) of the HSE.
Examples of the guidance provided include the provision of alternative accommodation for students who develop COVID-19 symptoms and need to self-isolate, and control of access to student accommodation, including restrictions on guests.
211. Deputy Neale Richmond asked the Minister for Further and Higher Education, Research, Innovation and Science the engagements he has had with Science Foundation Ireland in relation to its participation in the Department of Foreign Affair's’ Ireland House strategy; and if he will make a statement on the matter. [32057/20]
View answerI have had discussions with Science Foundation Ireland in relation to their ambitions to develop their international footprint. In this regard I understand that the Ireland House approach to developing an overseas agency presence may be an appropriate model to utilise and I am interested to see these plans progress as part of our ongoing engagement with SFI.
212. Deputy Brendan Smith asked the Minister for Further and Higher Education, Research, Innovation and Science the supports that will be provided to students to assist them with online and blended learning in which difficulties arise due to inadequate broadband telecommunications; and if he will make a statement on the matter. [32074/20]
View answerIt has been a significant priority for me, in the context of the shift to online teaching and learning that has arisen from the public health restrictions, to provide support to students to facilitate connectivity and to examine options designed to seek to minimise the extent to which connectivity challenges act as a barrier to full participation in higher and further education.
In this regard, as part of the package of financial support approved by Government to help underpin the recommencement of higher and further education for the current academic year, my Department allocated €15 million to higher and further education providers for a grant to support disadvantaged students in accessing ICT devices. This initiative which enabled a bulk purchase of approximately 16,500 laptops on behalf of higher education institutions is intended to help address concerns regarding the digital divide in the context of the shift to online and blended models of learning, and the importance of supporting disadvantaged students to adapt to these new models of learning.
The delivery through the National Broadband Plan of high-speed internet connectively nationwide will ultimately provide a solution to current differences in broadband experience for students and learners. In the interim there are initiatives across a number of Government Departments to facilitate connection through community-based broadband hubs and liaison with telecommunication providers on packages, including unlimited data. It is also worth noting that, at the present time HEAnet provides a WiFi solution - Eduroam - designed by and for the higher education community which operates across the education locations nationally. Eduroam allows a student to access WiFi wherever Eduroam is broadcast, enabling a student to seamlessly roam from one Eduroam location to another.
HEAnet is currently working on options to extend the reach of Eduroam beyond the traditional campus locations to areas within the wider community. An extended Eduroam footprint would greatly overcome connectivity challenges and facilitate staff and students in effective teaching and learning activities based at their home location. HEAnet has already made progress in this regard, with Eduroam now available at many teaching hospitals and several public libraries.
I have recently facilitated engagement between HEAnet and relevant Government Departments and Public Sector Bodies to explore the potential for pilot projects trialling the availability to students of Eduroam, via wi-fi hotspots in public infrastructure owned and/or funded by the State. I anticipate receiving an update from HEAnet on its engagement with these bodies shortly.
213. Deputy Róisín Shortall asked the Minister for Justice if she will provide details of the powers of homeowners and management companies under the provisions of the Multi-Unit Developments Act 2011 and related legislation, in relation to management agencies; and if she will make a statement on the matter. [31924/20]
View answerThe 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.
Under section 43 of the Property Services (Regulation) Act 2011, a person providing a property service, such as a managing agent, must enter into a letter of engagement with a client such as an OMC. The letter of engagement outlines the service to be provided by the managing agent and must be signed, where the managing agent is a company, by two directors of the managing agent and two directors of the OMC. Section 17 of the Multi-Unit Developments Act 2011, provides that, as part of the annual report of the OMC, details of contracts entered into by the company must be given to members and the OMC must hold a meeting at least once a year to consider the report. It is, of course, open to any member of the company to raise any concerns they may have regarding any contract with the OMC or at the annual meeting.
One further aspect to note is that section 32 of the Multi-Unit Developments Act 2011, places restrictions on OMCs entering into long term contracts with providers of goods and services. An OMC is not permitted to enter into contracts for a period in excess of 3 years.
214. Deputy Denis Naughten asked the Minister for Justice when she expects to take Committee Stage of the Perjury and Related Offences Bill 2018 as agreed following the PMB motion of 29 July 2020; and if she will make a statement on the matter. [31785/20]
View answerI wish to assure the Deputy that the Government is fully committed to enacting the Perjury and Related Offences Bill 2018 as soon as possible. The importance the Government attaches to this legislation is reflected in our commitment to enact it in the current Programme for Government
Committee Stage had been scheduled for 22 January 2020, but as the Deputy will be aware, the Bill lapsed with the dissolution of the Dáil and has only recently been restored to the Dáil Order Paper.
Since then and upon the advice of the Attorney General, additional observations were sought from other Government Departments. The outcome of these consultations have been factored into a second round of Committee Stage amendments.
Additionally, following the enactment of the Civil Law and Criminal Law (Miscellaneous Provisions) Act in August, my officials have been drafting amendments to allow for the Perjury and Related Offences Bill 2018 to take account of one of the measures provided for in that Act relating to ‘statements of truth’. Statements of truth may be submitted in civil proceedings as an alternative to statutory declarations. The introduction of statements of truth has necessitated the consideration of drafting of a number of further amendments to the Bill which has slightly delayed my initial intention of taking Committee Stage before the end of October.
Having said that, a Memorandum for Government seeking approval of these amendments is currently being prepared with a view to progressing to Committee Stage in the second half of November.
215. Deputy Cormac Devlin asked the Minister for Justice the number of barristers by both junior and senior counsel who were on the Legal Aid Board’s barrister panels in each of the years 2014 to 2019 inclusive; the criteria by which barristers are selected to be allocated cases or briefs by the Legal Aid Board; the number of individual barristers by both junior and senior counsel that actually received instructions or briefs from the Legal Aid Board in each of the years 2014 to 2019 inclusive; and if she will make a statement on the matter. [31793/20]
View answerThe Legal Aid Board provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. The Board delivers these services through directly employed solicitors in its network of law centres around the country and through private solicitors from its private practitioner panels.
Section 3(3) of the Act provides that the Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.
However, to be of assistance to the Deputy, I have had enquiries made with the Legal Aid Board, and I am informed that the Civil Legal Aid Act, 1995 (“the Act”) provides that the Legal Aid Board (“the Board”) may establish and maintain a panel of barristers (“the panel”) who are willing to provide legal aid and advice on such terms as the Board may, with the consent of the Minister for Justice and Equality and the Minister for Public Expenditure and Reform, determine. Subject to the provisions of the Act, any eligible barrister who is prepared to comply with such terms and conditions is entitled to have his or her name entered on the said Panel.
There are currently 1,070 junior counsel and 84 senior counsel on the panel. As this is a rolling panel which can be updated many times each year it is difficult to give a figure per year. The Board’s immediately available historical data shows that in 2015 there were 45 senior counsel on the panel and there were 765 junior counsel on the panel.
The Board authorises the retention of counsel on a case by case basis. A letter of authorisation or a legal aid certificate containing the authority to retain counsel is furnished with each brief. The Board is responsible for maintaining the panel and it reserves the right to suspend or remove a barrister from the panel where it considers it appropriate to do so.
The grant of the services of a barrister is never automatic and authorisation must be sought by an instructing solicitor from the Board’s Legal Services Unit. The grant of senior counsel – for either an opinion or representation in court - is not automatic. The instructing solicitor must make a case for engaging senior counsel and if they do not the Board will not grant the services of senior counsel.
The Board ensures that solicitors are aware of the provisions from the public service Code of Standards and Behaviour which include a requirement that the solicitor should not use their official position to benefit themselves or others with whom they have personal or business ties. Solicitors are expected to exercise their professional judgement in ensuring that any barrister who is briefed has sufficient expertise and experience having regard to the complexity and level of specialisation required in each case.
Table A below shows the number of cases in which junior counsel were authorised in the years 2014 to 2019 inclusive. This data which is immediately available to the Board does not confirm that counsel was actually briefed in all the cases in which counsel were authorised but there is a correlation between the authorisation and actual briefing (see Table C for number of briefs on which payments were made).
Table A
|
Year |
No. of cases in which junior counsel authorised |
|
2014 |
2,673 |
|
2015 |
2,840 |
|
2016 |
2,746 |
|
2017 |
3,207 |
|
2018 |
3,350 |
|
2019 |
2,954 |
Table B below shows the number of senior counsel briefs granted in the years 2014 to 2019 inclusive.
Table B
|
Year |
No. of cases in which senior counsel authorised |
|
2014 |
41 |
|
2015 |
64 |
|
2016 |
74 |
|
2017 |
55 |
|
2018 |
68 |
|
2019 |
54 |
Table C shows the number of briefs that were paid for in the years 2014 to 2019 inclusive.
Table C
|
Year |
Junior Counsel briefs paid |
Senior Counsel briefs paid |
|
2014 |
1,080 |
16 |
|
2015 |
1,444 |
25 |
|
2016 |
1,750 |
30 |
|
2017 |
2,017 |
31 |
|
2018 |
2,073 |
47 |
|
2019 |
2,453 |
42 |
It is the Board’s preference in all areas of law in which it operates is that there is a range of solicitors and barristers who are suitably skilled and expert to take on the particular type of work. At the moment the Board is working with the Bar Council of Ireland to finalise an
information module for barristers in relation to civil legal aid work. This module is due to be delivered in December. The purpose of this exercise is to encourage more barristers to develop expertise in areas where the Board needs that expertise.
216. Deputy Jennifer Whitmore asked the Minister for Justice the reason for issuing a circular (details supplied) instructing face-to-face learning in international language schools; if ELE industry specific risks were taken into consideration when issuing the circular; and if she will make a statement on the matter. [31809/20]
View answerThe letters of 25 September 2020, and 10 October 2020, aligned the position of my Department with the Department of Further and Higher Education, Research, Innovation and Science (DFHERIS), who are the lead Department on policy matters relating to English Language Education (ELE) providers, including in relation to public health advice applying to the sector.
DFHERIS has previously confirmed that ELE providers should only reopen their classroom settings where they are satisfied that they have put appropriate arrangements in place consistent with appropriate national guidelines to ensure it is safe to do so in terms of their responsibilities to staff and their duty of care to students.
A further letter issued from the Immigration Service of my Department yesterday, 20 October 2020, informing ELE providers to immediately move online, with appropriate protective measures in place for any essential attendance on site. This is an exceptional, short term and temporary measure due to the COVID-19 pandemic. Once restrictions return to Level 3 or lower in the provider’s location then the standard Interim List of Eligible Programmes (ILEP) criteria of in-person tuition will reapply.
Students are required to enrol and ‘virtually’ attend in the same way as if they were physically present in the classroom. There is no change to the hours a student may work and the standard ILEP criteria remain.
The Government’s Resilience and Recovery 2020-2021 Plan for Living with COVID-19 sets out the Framework for Restrictive Measures in Response to COVID-19 for adult education, which includes ELE, as Move online - On-site attendance only when essential at Level 4 and Recommendations based on situation and evidence at Level 5.
The framework was complemented by the Government’s announcement this week that, while schools remain open, higher and adult education providers should move to primarily online with exceptions only for essential activities.
These measures are in place to facilitate students to continue their education through the provision of online learning and only apply to students already resident in the State and who are eligible to register on a Stamp 2 permission. Prospective students seeking to enter the State should wait until in-person tuition has been resumed.
The Immigration Service's online registration renewal system remains available to Dublin residents and students are required to re-register as usual. Outside Dublin, students should check with their local registration office.
217. Deputy Peadar Tóibín asked the Minister for Justice the reason a person (details supplied) was scheduled for release back into society on 24 September 2020 when they were still believed to be homicidal, is facing charges of sexually assaulting two women and is charged with threats to kill two persons one being their mother. [31829/20]
View answerI hope the Deputy will appreciate that it would not be appropriate for me to comment on the circumstances of an individual who might be identifiable from the specifics of the question asked. Decisions on remand are a matter for the Courts who are independent in the discharge of their functions.
218. Deputy Neale Richmond asked the Minister for Justice the number of convictions processed in the State for membership of terrorist organisations in each of the years 2015 to 2019 and to date in 2020; and if she will make a statement on the matter. [32053/20]
View answerI am informed by the Courts Service that the offence of membership of an unlawful organisation under section 21(2) of the Offences Against the State Act 1939 is almost always prosecuted in the Special Criminal Court.
The data requested by the Deputy on convictions before the Special Criminal Court under Section 21(2) of the Offence Against the State Act 1939 is provided in the table below.
|
Year |
Guilty plea |
Conviction |
|
2015 |
0 |
0 |
|
2016 |
2 |
1 |
|
2017 |
2 |
7 |
|
2018 |
0 |
5 |
|
2019 |
0 |
4 |
|
2020 |
- |
- |
219. Deputy Colm Burke asked the Minister for Justice the reason there is a delay in the payment of criminal legal aid fees to solicitors and barristers in some of the District Court and Circuit Court areas; the reason for the delay; the time period from date of application to the District Court or Circuit Court Office for the payment of the fees to the date that same are paid; and if she will make a statement on the matter. [32075/20]
View answerThe Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal.
Under the Criminal Legal Aid Scheme, fees are paid to solicitors and counsel by the Financial Shared Services (FSS) Division of my Department. Fee payments are made on receipt of properly completed claim forms from the Courts Service which have been initially completed by solicitors and Counsel and then subsequently completed and certified by Court Clerks/Court Registrars. Certified forms are sent from the relevant Court office to my Department’s FSS Division in Killarney, Co Kerry.
I am informed by the FSS Division that the majority of claims received are processed within a 10 day time frame. On occasions this timeframe may extend slightly when several thousand applications are received at the one time, as has happened periodically over the last number of months. One such spike in claims received occurred again last week where FSS received 5,875 claims.
I understand that the Deputy is particularly concerned about the Cork city and county areas and in order to be of assistance to the Deputy, I have had enquiries made with the Court Service regarding the numbers of legal aid claims on hand in these areas. I have been informed that while there are no arrears for the Cork City and Mallow Court Offices, the Clonakilty Court Office currently has 160 claims on hand, the earliest of which were received in mid-July 2020. It is expected that these claims will be processed shortly.
All court offices have been under significant pressure since March managing the arrangement of courts during the pandemic. I am advised by the Courts Service that despite this, the staff working in these offices have largely kept up to date with all administration work, including the processing of legal aid claims.
220. Deputy Richard Bruton asked the Minister for Health his views on and the position regarding the enforcement of the behaviour of customers, for example, mask wearing and social distancing; and his views on whether the requirement to call in An Garda Síochána for such issues is unduly cumbersome. [31783/20]
View answerUnder the Safety, Health and Welfare at Work Act 2005 employers have specific duties to ensure the safety, health and welfare at work of all employees. These duties include the managing and conducting of all work activities to ensure, as far as reasonably practicable, the health and safety of those employees.
Employees themselves also have duties and responsibilities under the 2005 Act and must take reasonable care of themselves and other people who may be affected by the work they are doing. This duty includes co-operating with their employer and following instructions and procedures put in place by their employer.
The Health and Safety Authority has a full range of statutory powers to oversee compliance with occupational safety and health legislative requirements and to take enforcement action where breaches of compliance occur.
In relation to the specific issue of COVID-19, the national Return to Work Safely Protocol should be used by all workplaces to adapt their procedures and practices to comply fully with the COVID-19 public health measures identified by the HSE and the Department of Health. It operates in parallel with existing statutory occupational safety and health requirements. While COVID-19 is first and foremost a public health issue, the infectious nature of the virus and the way in which it is easily transmitted through human contact, makes it a health and safety issue which must also be managed within the workplace. The Protocol clearly sets out for employers and employees the steps that they must take both before a workplace reopens and on an ongoing basis. I would emphasise that, in the first instance, employers and workers have a joint responsibility for adhering to the procedures and practices in the Protocol which are designed to protect the health and safety of all concerned.
I am satisfied that in terms of overseeing adherence to the Protocol, there are sufficient legislative powers under existing occupational safety and health legislation to ensure full compliance with the Protocol where necessary. I would add that, overall, the Health and Safety Authority has noted a high level of compliance with the Return to Work Safely Protocol, to date, across all sectors which is a positive indication that the majority of employers and employees are taking a responsible and proactive approach to compliance with the Protocol. From 18 May 2020 to 16 October 2020 the Health and Safety Authority has undertaken 5,813 inspections/investigations of which 3,956 addressed COVID-19 compliance.
In addition to inspections, the Health and Safety Authority continues to provide advice and support to employers and employees on how best to implement COVID-19 measures in the workplace through its helpline and website. It has also developed checklists and templates for use by employers, workers and worker representatives, and further material is being developed.
Any employee who has concerns about compliance with COVID-19 issues, or any other workplace health and safety issue, can contact the Health and Safety Authority Workplace Contact Unit (WCU) on a confidential basis at 1890 289 389 or by sending an email to wcu@hsa.ie. If following such a complaint, there are serious concerns about a particular workplace, the Health and Safety Authority, or another agency tasked with inspecting workplace compliance with the Protocol, will follow-up as appropriate.
221. Deputy Gary Gannon asked the Minister for Health the details of the community healthcare organisation quality improvement plan including the defined actions to improve maternity care and the timeframe for these actions as outcomes from the National Maternity Experience Survey [32067/20]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
