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Thursday, 22 Oct 2020

Written Answers Nos. 126-145

Social Welfare Inspections

Questions (126)

Seán Sherlock

Question:

126. Deputy Sean Sherlock asked the Minister for Social Protection her views on whether the powers of social welfare inspectors are being used disproportionately when investigating claims. [32256/20]

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Written answers

Social welfare inspectors are appointed under Section 250 of the Social Welfare Consolidation Act 2005 (as amended). 

All social welfare inspectors operate under a code of practice which sets out the manner in which they are required to deal with the public.  The code requires that Customers must at all times be treated equally, fairly, with respect and dignity, as outlined in the Customer Charter.  

As part of their investigations, an inspector's remit includes the combating of fraud and abuse of the Department's schemes. This means inspectors may need to make notified or un-notified home visits. 

The nature of enquiries made by social welfare inspectors are limited to that which is necessary to determine if a person has an entitlement to a payment or to establish if a customer continues to have an on-going entitlement to a scheme.

I am confident that social welfare inspectors in my Department carry out their duties in an appropriate manner.  However, if there are instances where a social welfare inspector is alleged to have carried out their duties in an inappropriate manner there is a complaints procedure for any customer who considers their rights to have been impinged.  I would urge any customer who considers their rights to have been impinged to make a complaint to my Department.

In addition, every customer is entitled to have their claim considered or reviewed in accordance with the principles of natural and constitutional justice and in the context of determinations of entitlement under social welfare legislation. 

I hope this clarifies the matter for the Deputy. 

Social Welfare Benefits

Questions (127)

Bernard Durkan

Question:

127. Deputy Bernard J. Durkan asked the Minister for Social Protection if persons (details supplied) are currently in receipt of all their social welfare entitlements; and if she will make a statement on the matter. [32268/20]

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Written answers

There is no record of any current applications registered with my Department in the case of the first person concerned.  Information outlining all schemes and payments administered by my Department can be viewed at www.Gov.ie/deasp.  The easiest way to apply for Jobseeker's payments is at www.MyWelfare.ie.  A person must have a verified MyGovID account to use this service which can be created on www.MyWelfare.ie.

The second person concerned is currently in receipt of a Covid-19 Pandemic Unemployment Payment (PUP) at the weekly rate of €300.  In line with the recent rate change from 16/10/2020, the PUP rate for the second person concerned will increase to €350 based on his earnings in 2019. 

I trust this clarifies the matter.

Fuel Allowance

Questions (128)

Bernard Durkan

Question:

128. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) who is in receipt of the pandemic unemployment payment is entitled to the fuel allowance payment; and if she will make a statement on the matter. [32269/20]

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Written answers

The Covid-19 Pandemic Unemployment Payment (PUP) is not a qualifying payment for receipt of Fuel Allowance. 

However it does not prevent another member of the household from receiving a Fuel Allowance payment if they are in receipt of a qualifying payment.  In assessing entitlement to a Fuel Allowance, the PUP is disregarded for means testing purposes.

I trust this clarifies the matter.

Social Welfare Inspections

Questions (129)

Gary Gannon

Question:

129. Deputy Gary Gannon asked the Minister for Social Protection the number of notified and unnotified home visits by social welfare inspectors over the past 18 months for the Dublin central area in tabular form. [32275/20]

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Written answers

It is not possible to provide the information that the Deputy is seeking as the information requested is not available.  Where appropriate, details of home visits by Social Welfare Inspectors may be included in individual case reports. Statistical information is not available from this source.  

Early Childhood Care and Education

Questions (130)

Emer Higgins

Question:

130. Deputy Emer Higgins asked the Minister for Children, Disability, Equality and Integration if ECCE payments made to a person (details supplied) are correct. [32139/20]

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Written answers

The Deputy will be aware  that while the NCS is an initiative of the DCEDIY, a Scheme Administrator has been engaged to manage the operation of the Scheme on the Department’s behalf. Pobal acts in this capacity as Scheme Administrator, and it is their role to follow up on individual cases.  

The Department has referred this query to Pobal, who will contact the person (Details Supplied) directly to resolve the matter.

If any of your constituents are looking for assistance on the NCS the dedicated Contact Centres can be contracted as follows:

Parents should be advised to contact the Parent Support Centre on 01 906 8530, Monday to Friday 9am-5pm, or to visit www.ncs.gov.ie.

Childcare providers should be directed to the Early Years Provider Centre by contacting eypc@pobal.ie, or calling 01 511 7222, Monday to Friday 8am-6pm. 

Social Welfare Benefits

Questions (131)

Kieran O'Donnell

Question:

131. Deputy Kieran O'Donnell asked the Minister for Children, Disability, Equality and Integration if he will consider bringing forward the date upon which families can avail of the additional three weeks parents’ benefit announced in the Budget to 1 January 2021 (details supplied); and if he will make a statement on the matter. [32186/20]

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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 to spend more time with their children in their critical first year of life.

The Minister for Public Expenditure and Reform announced in Budget 2021 that he would extend Parent’s Benefit by a further three weeks for all children born or placed for adoption on or after 1 November 2019, and to extend the period in which this leave can be taken to two years. This means that each parent will be able to avail of 5 weeks paid Parent’s Leave for a child born on or after 1 November 2019.

Legislation will be required to progress this commitment and work is now underway in my Department in this regard.  The Minister for Public Expenditure and Reform has indicated that Parent's Benefit will be payable from 1 April 2021.  Parents will be able to take Parent's Leave once the legislation is in place and to apply for the Parent's Benefit retrospectively.  

Child and Family Agency

Questions (132)

Patrick Costello

Question:

132. Deputy Patrick Costello asked the Minister for Children, Disability, Equality and Integration the amount of the funding allocated to Tusla in Budget 2021 which will go towards the delivery of the expansion of the in-house model of therapeutic services to children and carers in Tusla as committed to in the Programme for Government; and if he will make a statement on the matter. [32103/20]

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Written answers

In the recent budget, I was pleased to be able to secure an increase of €61m for Tusla, bringing the Agency’s total budget allocation for 2021 to €878m. 

The Programme for Government commitment to which the Deputy refers is based on a flexible and integrated model of care which aims to support children, young people, families and carers in contact with the care system in one Tusla area (Dublin North Central). My officials will engage with Tusla to explore how best this model can be further developed as part of Tusla's service response for children and young people. This will be done having regard to the provision of related services offered by other state agencies and in the context of resource considerations.

Tusla business planning processes for 2021 are ongoing, so specific budgetary determinations for 2021 have not yet been made regarding funding for specific sectors or measures. These processes will, in the coming weeks, establish funding allocations and key priorities for 2021, which will be outlined in Tusla’s 2021 Business Plan early in the new year.

National Childcare Scheme

Questions (133)

Brendan Smith

Question:

133. Deputy Brendan Smith asked the Minister for Children, Disability, Equality and Integration if additional funding will be provided to assist in the provision of afterschool childcare in which there are families with particular needs; and if he will make a statement on the matter. [32261/20]

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Written answers

The National Childcare Scheme, which was introduced in 2019, provides supports for school aged childcare.   Under the extended NCS hours introduced in September of this year, parents may avail of 45 subsidised childcare hours  when the parents are engaged in work, training or study, and  they may avail of 20 subsidised hours if they are not engaged in work, training or study. 

The NCS was designed in this way to meet anti-poverty objectives, by encouraging parents to enter work or training. The definition of work is extremely broad, covering all forms of work arrangements: full-time, part-time, week-on/ week-off and zero hour contracts.  The definition of study is also broad, and allows parents to access 45 hours of childcare when completing any NFQ qualification, from level 1, for even a small number of hours per week.

I was pleased to increase  the number of subsidised hours from September this year, partly to address the concerns of providers.

Additional supports are available for families with complex needs, under the NCS Sponsorship model, which provides additional supports to large numbers of disadvantaged children.  

Once a child meets the criteria for sponsorship by a given Sponsor Body, the child can automatically avail of up to 45 hours per week. More information on sponsors is available at www.ncs.gov.ie.

The NCS is designed to be highly inclusive, to meet the needs of the most economically vulnerable children and those living with other forms of disadvantage. I will keep the Scheme under review, and I will continue to work with my officials to identify whether any refinements are needed to ensure that it delivers for those most in need.

Third Level Education

Questions (134)

Gary Gannon

Question:

134. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science the number of students who received a new offer through CAO as a result of the upgraded marks from the 18 students following the leaving certificate calculated grades appeals process that were upgraded. [32281/20]

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Written answers

Higher Education institutions are autonomous and determine their own procedures for admission.  The CAO process applications for undergraduate, and some postgraduate, courses on their behalf. 

Decisions on admissions are made by the higher education institutions who then instruct the CAO to make offers to successful candidates. Therefore neither I nor my Department have a function in relation to such matters and information on CAO offers is not held in my Department.

I understand, based on the information available to me, that all students whose improved grades following the appeals process entitled them to a higher preference CAO offer have received an offer to take up a place in their new course in the current academic year.

Research Funding

Questions (135)

Matt Shanahan

Question:

135. Deputy Matt Shanahan asked the Minister for Further and Higher Education, Research, Innovation and Science further to previous Parliamentary Questions, when funding will be released for a project (details supplied); and if he will make a statement on the matter. [32090/20]

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Written answers

The proposal for a High Energy X-ray Computed Tomography for Additive Manufacturing, Automotive, Aerospace, & Heavy Industry was submitted to Science Foundation Ireland under the 2018 SFI Infrastructure Programme Call. 

The Infrastructure Call supports the research community in building and sustaining the required infrastructural capacity to accomplish high quality, high impact and innovative research in areas of science, technology, engineering and mathematics that demonstrably enhance and underpin enterprise competitiveness and societal development in Ireland. 

The proposal submitted by Waterford Institute of Technology was reviewed by an international panel of experts and was deemed to be fundable.  However, due to the budget available to SFI for the programme, it has been placed on a reserve list until the end of 2020. 

Should further funding become available to SFI before the end of 2020 this proposal will be considered for funding along with other proposals on the reserve list.

Student Universal Support Ireland

Questions (136)

Seán Canney

Question:

136. Deputy Seán Canney asked the Minister for Further and Higher Education, Research, Innovation and Science his views on the fact that fees for Irish students studying elsewhere in the EU are not paid by SUSI, as a maintenance grant alone is payable; his further views on whether this is discriminatory against such students studying in other EU countries as both fees and maintenance grants are available for students studying here; and if he will make a statement on the matter. [32120/20]

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Written answers

The decision on eligibility for a student grant, and the rate payable to applicants deemed eligible for that grant is a matter for SUSI to determine having regard to the terms and conditions of the Scheme.

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

 In relation to support available for students studying abroad, the Student Grant Scheme provides maintenance grants to eligible undergraduate students pursuing approved courses in other E.U. Member States.

 In general, an approved undergraduate course in this context is defined as a full-time undergraduate course of not less than two years duration pursued in a university or third level institution, which is maintained or assisted by recurrent grants from public funds in another EU Member State.

 In relation to supports for students studying in the State there are two categories of student for the purpose of the student  grant scheme - “student” and “tuition student”; broadly a “student” meets the residency requirement in the State, satisfies the nationality requirements and may be eligible for maintenance grant and fee grant whereas the “tuition student” meets the residency requirement in a Member State, the EEA or Switzerland, satisfies the nationality requirements and may be eligible for fee grant only.

 The Student Grant Scheme does not and never has extended to the payment of tuition fees to institutions outside the State other than for exceptional provision in respect of postgraduate courses in Northern Ireland. This provision is consistent with the principles of the Good Friday agreement and is intended to promote greater tolerance and understanding between both jurisdictions.  To fund tuition fees to institutions outside the State would represent a major policy change, which has the potential to impose very significant additional costs for the Exchequer.

 In relation to tuition fees, there is provision for tax relief, at the standard rate in respect of approved courses at approved colleges of higher education including approved undergraduate and postgraduate courses in other E.U. Member States.

English Language Training Organisations

Questions (137)

Eoin Ó Broin

Question:

137. Deputy Eoin Ó Broin asked the Minister for Further and Higher Education, Research, Innovation and Science if his Department has provided guidance or instruction to language schools teaching English to overseas students that prevents them from providing language classes virtually to protect the health of staff and students. [32121/20]

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Written answers

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 English Language Education (ELE) as open with protective measures at Level 2 and requiring all appropriate protective measures to be escalated at Level 3.  At Level 4 and above, this provision moves primarily online with appropriate protective measures in place for essential attendance on site.

ELE providers have been advised that they 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. The Department has continued to highlight the requirement for the sector and individual providers to put in place and drive the implementation in each setting of a cohesive plan detailing appropriate arrangements for the re-opening of ELE meeting where owners assess that it is safe to so and in line with public health advice. The Department is continuing to engage with sectoral representatives bodies and staff representatives on this basis.

Naturalisation Applications

Questions (138)

Bernard Durkan

Question:

138. Deputy Bernard J. Durkan asked the Minister for Justice if consideration will be given to naturalisation in the case of persons (details supplied); and if she will make a statement on the matter. [32087/20]

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Written answers

Written representations have been submitted by the persons concerned in response to their respective notifications pursuant to the provisions of section 3 of the Immigration Act 1999 (as amended). Those representations, together with all other information and documentation on file, will be fully considered, under section 3 (6) of the Immigration Act 1999 (as amended), and all other applicable legislation, in advance of final decisions being made. 

In relation to naturalisation applications generally, it is open to any person to lodge an application for Irish citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of that Act.  A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after such an application has been received and examined.  

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.

Prison Deaths

Questions (139)

Thomas Pringle

Question:

139. Deputy Thomas Pringle asked the Minister for Justice further to Parliamentary Question No. 607 of 6 October 2020, the number of deaths in custody covered that took place while a prisoner was outside the prison; the definition of narrative verdict; if she could provide an explanation as to the way in which a death in custody could be an open verdict; and if she will make a statement on the matter. [32106/20]

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Written answers

I can inform the Deputy that further to the information provided in my response to Parliamentary Question No. 607 of 6 October 2020, which reported on the number of deaths in prison custody from 2010 to 2020, I am advised by the Irish Prison Service that 51 of those deaths occurred in hospital.  The relevant details are set out in Table 1 beneath. 

In addition, I can also inform the Deputy that there were 66 further deaths of prisoners, during the same period, who were on some form of temporary release from prison or were Unlawfully-at-Large from prison at the time of their death.  The information with regard to this cohort is set out in Table 2. 

As advised previously, all deaths in custody are the subject of a Garda investigation and an inquest held in a Coroners Court.

The conduct of inquests is entirely a matter for the coroner for the district concerned. The coroner is an independent office holder and the Department has no role in the scheduling of inquests.

I am advised that there is no definition of “verdict” in Irish coronial law. However, the terms in question and other verdicts are used by coroners at the conclusion of inquests to best describe the outcome of their investigation into the death of the deceased.

Deaths in prison are reportable to a coroner who will then decide, in the circumstances, whether to direct a post-mortem examination and conduct an inquest. There may be a number of factors which give rise to delays in the holding of an inquest. Family members of the deceased are advised to maintain contact with the relevant coroner.

Table 1: Deaths in Custody 2010 to 1 October 2020 classified by Year, Gender, Prison, Cause of Death as determined by Coroner and the number of deaths in custody that took place while a prisoner was outside the prison

Year

Gender

Prison

Cause of Death (as determined by Coroner)

Location

2020

 

 

 

 

 

Male

Cloverhill

Inquest Pending

Hospital

 

Male

Limerick

Inquest Pending

Limerick Prison

 

Male

Castlerea

Inquest Pending

Hospital

 

Male

Castlerea

Inquest Pending

Castlerea Prison

 

Male

Arbour Hill

Inquest Pending

Arbour Hill Prison

 

Male

Wheatfield

Inquest Pending

Wheatfield Prison

 

Male

Arbour Hill

Inquest Pending

Arbour Hill Prison

 

Male

Cork

Inquest Pending

Hospital

 

 

 

 

 

2019

 

 

 

 

 

Male

Midlands

Inquest Pending

Hospital

 

Male

Cloverhill

Inquest Pending

Hospital

 

Male

Cloverhill

Inquest Pending

Hospital

 

Male

Cloverhill

Inquest Pending

Cloverhill Prison

 

Male

Wheatfield

Inquest Pending

Hospital

 

Male

Midlands

Inquest Pending

Midlands Prison

 

Male

Arbour Hill

Inquest Pending

Hospital

 

Male

Limerick

Inquest Pending

Limerick Prison

 

Male

Cork

Inquest Pending

Cork Prison

 

Male

Portlaoise

Inquest Pending

Hospital

 

Male

Wheatfield

Inquest Pending

Wheatfield Prison

 

Male

Mountjoy

Inquest Pending

Hospital

 

Male

Midlands

Inquest Pending

Midlands Prison

 

Male

Midlands

Inquest Pending

Hospital

 

 

 

 

 

2018

 

 

 

 

 

Male

Midlands

Inquest Pending

Midlands Prison

 

Male

Midlands

Inquest Pending

Midlands Prison

 

Male

Cork

Misadventure

Hospital

 

Male

Mountjoy

Inquest Pending

Hospital

 

Male

Midlands

Inquest Pending

Hospital

 

Male

Mountjoy

Inquest Pending

Mountjoy Prison

 

Male

Wheatfield

Inquest Pending

Wheatfield Prison

 

Male

Cork

Suicide

Cork Prison

 

Male

Mountjoy

Inquest Pending

Mountjoy Prison

 

 

 

 

 

2017

 

 

 

 

 

Male

Cloverhill

Suicide

Cloverhill Prison

 

Male

Wheatfield

Inquest Pending

Hospital

 

Male

Limerick

Open Verdict

Limerick Prison

 

Male

Cork

Suicide

Cork Prison

 

Male

Mountjoy

Misadventure

Hospital

 

Male

Midlands

Natural Causes

Hospital

 

Male

Midlands

Inquest Pending

Hospital

 

Male

Mountjoy

Open Verdict

Hospital

 

Male

Cork

Natural Causes

Cork Prison

 

 

 

 

 

2016

 

 

 

 

 

Male

Mountjoy

Suicide

Mountjoy Prison

 

Male

Midlands

Natural Causes

Hospital

 

Male

Wheatfield

Narrative

Hospital

 

Male

Portlaoise

Suicide

Portlaoise Prison

 

Male

Mountjoy

‘Deceased took his own life.’

Mountjoy Prison

 

 

 

 

 

2015

 

 

 

 

 

Male

Cloverhill

Narrative

Hospital

 

Male

Midlands

Suicide

Midlands Prison

 

Male

Mountjoy

Natural Causes

Hospital

 

Male

Midlands

Misadventure

Midlands Prison

 

Male

Midlands

Natural Causes

Hospital

 

Male

Castlerea

Open Verdict

Castlerea Prison

 

Male

Portlaoise

Inquest Pending

Portlaoise Prison

 

Female

Dochas Centre

Narrative

Hospital

 

Male

Arbour Hill

Natural Causes

Hospital

 

Male

Cork

Unlawful Killing

Hospital

 

Male

Midlands

Misadventure

Hospital

 

Male

Mountjoy

Misadventure

Mountjoy Prison

 

Male

Midlands

Natural Causes

Midlands Prison

 

Male

Mountjoy

‘Deceased took his own life.’

Hospital

 

Male

Cloverhill

Misadventure

Hospital

 

 

 

 

 

2014

 

 

 

 

 

Male

Limerick

Misadventure

Limerick Prison

 

Male

Wheatfield

Misadventure

Wheatfield Prison

 

Male

Wheatfield

Natural Causes

Hospital

 

Male

Mountjoy

Narrative

Hospital

 

Male

Cloverhill

Open

Hospital

 

Male

Mountjoy

Misadventure

Hospital

 

Male

Mountjoy

Suicide

Hospital

 

Male

Mountjoy

Suicide

Mountjoy Prison

 

 

 

 

 

2013

 

 

 

 

 

Male

Wheatfield

Natural Causes

Wheatfield Prison

 

Male

Castlerea

Inquest Pending

Hospital

 

Male

Limerick

Open Verdict

Hospital

 

Male

Mountjoy

Death by Suicide

Hospital

 

Male

Mountjoy

Death by Misadventure

Hospital

 

Male

Cork

Suicide

Cork Prison

 

Male

Wheatfield

Natural Causes

Hospital

 

Male

Mountjoy

Death by Suicide

Hospital

 

Male

Midlands

Inquest Pending

Midlands Prison

 

 

 

 

 

2012

 

 

 

 

 

Male

Mountjoy

Suicide

Mountjoy Prison

 

Male

Mountjoy

Misadventure

Hospital

 

Male

Midlands

Natural   Causes

Midlands Prison

 

Male

Limerick

Open

Limerick Prison

 

Male

Mountjoy

Suicide

Mountjoy Prison

 

 

 

 

 

2011

 

 

 

 

 

Male

Cloverhill

Suicide

Cloverhill Prison

 

Male

Shelton Abbey

Misadventure

Shelton Abbey

 

Male

Wheatfield

Narrative Verdict

Hospital

 

Male

Mountjoy

Misadventure

Mountjoy Prison

 

Male

Wheatfield

Misadventure

Hospital

 

Male

Castlerea

Misadventure

Castlerea Prison

 

 

 

 

 

2010

 

 

 

 

 

Male

Wheatfield Prison

Natural Causes

Hospital

 

Male

Midlands Prison

Suicide

Midlands Prison

 

Female

Dochas Centre

Suicide

Dochas Centre

 

Male

Mountjoy Prison

Suicide

Hospital

 

Male

Arbour Hill Prison

Narrative Verdict

Hospital

 

Male

Cloverhill Prison

Natural Causes

Hospital

 

Male

Midlands Prison

Natural Causes

Hospital

 

Male

Midlands Prison

Natural Causes

Hospital

 

Male

Mountjoy Prison

Misadventure

Mountjoy Prison

 

Male

Cork Prison

Misadventure

Hospital

 

Male

Loughan House

Misadventure

Loughan House

Table 2: Deaths  1 January 2010 to 1 October 2020 classified by Year, Gender and Prison, that took place while a prisoner was outside the prison on Temporary Release, Renewable Temporary Release, Full Temporary Release or Unlawfully at Large.

Year    

Gender  

Prison  

Prisoner Status

2020

 

 

 

 

Male

Cork

Unlawfully at Large

 

Male

Mountjoy

Temporary Release

 

 

 

 

2019

 

 

 

 

Male

Midlands

Renewable Temporary Release

 

Female

Dochas

Renewable Temporary Release

 

Male

Mountjoy

Renewable Temporary Release

 

Male

Mountjoy

Renewable Temporary Release

 

Male

Limerick

Renewable Temporary Release

 

Male

Cork

Temporary Release

 

 

 

 

2018

 

 

 

 

Male

Castlerea

Renewable Temporary Release

 

Female

Dochas

Renewable Temporary Release

 

Male

Shelton Abbey

Renewable Temporary Release

 

Male

Shelton Abbey

Temporary Release

 

Male

Cork

Temporary Release

 

Male

Mountjoy

Renewable Temporary Release

 

Female

Dochas

Renewable Temporary Release

 

Male

Castlerea

Unlawfully at Large

 

Male

Midlands

Renewable Temporary Release

 

Male

Arbour Hill

Renewable Temporary Release

 

 

 

 

2017

 

 

 

 

Male

Castlerea

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Arbour Hill

Temporary Release

 

Male

Arbour Hill

Temporary Release

 

Male

Midlands

Renewable Temporary Release

 

 

 

 

2016

 

 

 

 

Male

Mountjoy

Renewable Temporary Release

 

Male

Mountjoy

Renewable Temporary Release

 

Male

Midlands

Temporary Release

 

Male

Arbour Hill

Temporary Release

 

Male

Midlands

Renewable Temporary Release

 

 

 

 

2015

 

 

 

 

Male

Loughan House

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Mountjoy

Renewable Temporary Release

 

Male

Cork

Temporary Release

 

Male

Mountjoy

Full Temporary Release

 

Male

Midlands

Temporary Release

 

Female

Limerick

Temporary Release

 

Male

Wheatfield

Temporary Release

 

 

 

 

2014

 

 

 

 

Male

Mountjoy

Temporary Release

 

Male

Shelton Abbey

Temporary Release

 

Male

Limerick

Renewable Temporary Release

 

Male

Midlands

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Female

Dochas Centre

Renewable Temporary Release

 

 

 

 

2013

 

 

 

 

Male

Cork

Temporary Release

 

Male

Castlerea

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Midlands

Renewable Temporary Release

 

 

 

 

2012

 

 

 

 

Male

Wheatfield

Temporary Release

 

Male

Castlerea

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Cloverhill

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Arbour Hill

Temporary Release

 

Male

Mountjoy

Renewable Temporary Release

 

Male

Mountjoy

Renewable Temporary Release

 

Male

Cork

Renewable Temporary Release

 

Male

Mountjoy

Renewable Temporary Release

 

Male

Midlands

Renewable Temporary Release

 

Male

Shelton Abbey

Renewable Temporary Release

 

 

 

 

2011

 

 

 

 

Male

Midlands

Temporary Release

 

Male

Wheatfield

Temporary Release

 

Male

Mountjoy

Temporary Release

 

Male

Wheatfield

Temporary Release

 

 

 

 

2010

 

 

 

 

Male

Wheatfield

Renewable Temporary Release

 

 

 

 

Statute of Limitations

Questions (140)

Richard Boyd Barrett

Question:

140. Deputy Richard Boyd Barrett asked the Minister for Justice if changes will be made to the time period that a case of clinical negligence can be brought; and if she will make a statement on the matter. [32127/20]

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Written answers

The Statute of Limitations (Amendment) Act 1991 provides for a special time limit for actions in respect of personal injuries and the period of limitation in cases of fatal injuries.  Originally set at three years, the limitation period in respect of personal injuries and fatal injuries was reduced to two years to ensure that claims are brought forward in a timely manner, by an amendment to the 1991 Act by the Civil Liability and Courts Act 2004. 

Part 15 of the Legal Services Regulation Act 2015 deals with clinical negligence actions and includes a further amendment of the 1991 Act in relation to the limitation periods applicable in the case of a clinical negligence action.  Part 15 includes an amendment of the 2004 Act dealing with clinical negligence actions where a person has suffered personal injury or death.  Principally, the amendment of the 2004 Act provides for the introduction of a pre-action protocol relating to clinical negligence actions, the terms of which shall be specified in regulations to be made by the Minister for Justice and Equality.  Part 15 also includes an amendment of the 1991 Act to increase from two years to three years the limitation period in respect of personal injuries and fatal injuries in the case of a clinical negligence action. 

It is intended that this change in the limitation period will be effective on the date to be fixed by order made by the Minister for the  coming into operation of Part 15 of the 2015 Act.  This date has not yet been fixed as the regulations dealing with the pre-action protocols are currently being prepared by my Department with the assistance and advice of the Office of the Attorney General and in consultation with key stakeholders.

Court Accommodation

Questions (141)

John Brady

Question:

141. Deputy John Brady asked the Minister for Justice his plans for the Old Courthouse, Boghall Road, Bray, County Wicklow, which has been vacant since 2006; if consideration will be given to allowing the building to be used for community purposes; and if she will make a statement on the matter. [32142/20]

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Written answers

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter.

Within the County of Wicklow, the current priority is the refurbishment and extension of Wicklow Courthouse in Wicklow Town. This building has been closed since 2010 for health and safety reasons due to its condition.

The Courts Service's long term requirements in Bray will be assessed after the Wicklow Town project has commenced. While there is a long term need for additional court capacity in Bray, the leased premises which contains the current courthouse is a modern building that was fitted out specifically for court business.

Court Accommodation

Questions (142)

John Brady

Question:

142. Deputy John Brady asked the Minister for Justice the status of remedial works for Wicklow Courthouse; the timeframe for the demolition works to the adjacent properties at Wicklow Courthouse in order to create a larger site; and if she will make a statement on the matter. [32143/20]

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Written answers

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter.

Wicklow Courthouse is included in a number of projects in relation to Courts Service accommodation requirements that are outlined in the previous Government's National Development Plan 2018 - 2027.

The precise allocation and timing of additional funding over the entire ten year period of the plan remains to be fully determined. It will be dependent on the outcome of further detailed planning and analysis of costs which will determine prioritisation of projects from a timing and budgetary perspective.

A courthouse comprising four courtrooms and related facilities (e.g. consultation rooms, custody facilities, facilities for juries and vulnerable witnesses, legal practitioner’s suites, etc.) is envisaged as being required to meet current and future demand in Wicklow. This will require a building significantly larger than the existing two courtroom building. The Courts Service proposes to refurbish and extend the courthouse to provide the required accommodation. As a prerequisite first step, the Courts Service has acquired a number of adjoining properties that were in council ownership so as to have available a larger site capable of accommodating a courthouse building on the scale envisaged.

Facilitating works envisaged for the refurbishment and extension of Wicklow courthouse include the demolition of the 1940s extension/annex to the rear of the courthouse. In view of the fact that dry rot has spread extensively throughout the extension, the Courts Service proposes to bring this element of the facilitating works forward rather than incur the cost of treating the dry rot only to demolish the extension at a later date as part of the overall development. It will be necessary to go through the Part IX planning process in advance of this work. The Courts Service has been in contact with the state architect about these works and it is intended that they will proceed subject to funding being available and OPW resource availability in light of commitments in other areas.

Residency Permits

Questions (143)

Bernard Durkan

Question:

143. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [32146/20]

View answer

Written answers

Written representations have been submitted by the person concerned in response to their notification pursuant to the provisions of section 3 of the Immigration Act 1999 (as amended). Those representations, together with all other information and documentation on file, will be fully considered, under section 3 (6) of the Immigration Act 1999 (as amended), and all other applicable legislation, in advance of a final decision being made. 

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service Delivery function of 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.

Court Sittings

Questions (144)

John Paul Phelan

Question:

144. Deputy John Paul Phelan asked the Minister for Justice the current process by which court proceedings can take place in a manner that is open to the public during the Covid-19 pandemic; when restrictions on the movements of the public are curtailed or prohibited as a matter of public health policy; and if she will make a statement on the matter. [32188/20]

View answer

Written answers

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

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter.

Since March, the Courts Service has been asking all people not involved in cases before the courts not to attend courthouses. This is to ensure that maximum numbers in venues are not exceeded and to assist courts users involved in cases to maintain social distancing in courtrooms.

Throughout this period, members of the press have been observing courts, either in person or remotely, and this arrangement will continue during the new Level 5 restrictions. Given that the new restrictions place the onus on members of the public not to make unnecessary journeys beyond a 5 kilometre radius of their homes, it is hoped that continued reporting of the progress and outcome of court cases by members of the media will satisfy public interest in this area.

Prisoner Data

Questions (145)

Bernard Durkan

Question:

145. Deputy Bernard J. Durkan asked the Minister for Justice the number of members of criminal gangs currently serving prison sentences; the number due to be released in the next three years; and if she will make a statement on the matter. [32216/20]

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Written answers

I am advised by my officials in the Irish Prison Service that, arising from a report compiled by them, there are currently 14 criminal groupings involving approximately 166 prisoners within the prison population excluding the subversive groupings in Portlaoise Prison and that the situation is subject to continuous monitoring and assessment.

Currently there are 71 prisoners associated with known criminal gangs currently serving a sentence who are due for release in the next three years.

Membership or allegiance of these criminal groups fluctuates on a continuous basis with some persons breaking links and others becoming affiliated on a daily basis. It is also the case that prisoners will not always declare their affiliation to certain groupings and it is therefore not possible to provide definitive numbers in relation to the number of known members of criminal groupings currently in custody. It should also be noted that more than one criminal gang may group together under the umbrella of a particular group and in some instances some gangs may form splinter groups due to family or in house disputes.

The emergence in recent years of criminal groupings has had significant implications for the management of Irish Prisons. Rivalries and feuds which develop on the outside continue inside the prison. Prison management must ensure that the various factions are kept apart, and as far as possible, that members of criminal groups do not have influence over other inmates in the prisons or criminal activities outside.

The Irish Prison Service is committed to preventing identified members of criminal groups from conducting criminal activities while in custody and also to prevent them exerting inappropriate influence over other persons. For example, certain security initiatives have made it more difficult for prisoners to engage in illegal activities while in prison. These initiatives include the installation of airport style security including scanners and x-ray machines, as well as the gathering and collating of intelligence information on members of criminal groups in custody, carrying out intelligence led searches and preventing the flow of contraband, including mobile phones, into prisons.

In addition, there is regular contact between the Irish Prison Service and An Garda Síochána to discuss security issues including the operation of criminal groupings.

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