Written Answers Nos. 306-325
306. Deputy Jennifer Carroll MacNeill asked the Minister for Children, Equality, Disability, Integration and Youth his plans to expand apprenticeships to childcare; and if he will make a statement on the matter. [39391/20]
View answerAs the Deputy is aware, there is a Programme for Government commitment to pilot a new apprenticeship model for early years professionals. Apprenticeship models have previously been proposed for the early learning and care sector. The development of an apprenticeship relies on the formulation of proposals by employers and education institutions, and approval by the Apprenticeship Council. The consideration and potential introduction of a new apprenticeship model for early years professionals is therefore not solely a policy matter for my Department.
Officials in my Department are, however, in the process of developing a new Workforce Development Plan, in collaboration with the Department of Education. The Workforce Development Plan, which will be completed in 2021, will set out plans to raise the profile of careers in the sector and establish role profiles, career pathways, qualification requirements, and associated policy mechanisms, along with leadership development opportunities, and will work towards a more gender-balanced and diverse workforce. The potential role of an apprenticeship model for early years professionals is being considered as part of ongoing work on the Workforce Development Plan.
307. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth if he will address a matter (details supplied) in relation to the Covid-19 nursing homes expert panel; and if he will make a statement on the matter. [39497/20]
View answer308. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth the proposed date for the publication date of the assisted decision-making (capacity) (amendment) Bill; and if he will make a statement on the matter. [39498/20]
View answer310. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth if the budget has been confirmed for the decision support service to the amount of €5.8 million for 2021; the timeline for the full commencement of the Assisted Decision-Making (Capacity) Act 2015 in 2021; and if he will make a statement on the matter. [39500/20]
View answerI propose to take Questions Nos. 307, 308 and 310 together.
The Government is committed to fully commencing the Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”). The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).
A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS. Ms Áine Flynn was appointed Director of the DSS on 2 October 2017. The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
The implementation of the 2015 Act requires that the DSS is fully operational and in a position to offer services including the new decision-making support options. A high-level Steering Group comprising senior officials from my Department, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the establishment and commissioning of the DSS and this work is ongoing. The DSS, led by its Director, is working on putting in place the necessary infrastructure to support the full commencement of the Act. The infrastructure required includes, amongst many other elements, ICT capability for the DSS. These preparations are being implemented under the oversight of the Steering Group and will allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed. This will enable the DSS to roll out the new decision-making support options.
My Department has, through the Estimates process, sought and received increased funding in 2021, bringing its budget to €5.8 million for the year, to allow the DSS to work towards the commencement of services in mid-2022. In the interim, my Department, in conjunction with the DSS, the Mental Health Commission and other stakeholders have agreed to an implementation plan that anticipates the commencement of DSS services in mid-2022. There are also critical dependencies for the DSS on other organisations, including, for example, the Courts Service, the HSE and the Department of Health amongst others, which need to be delivered in order to achieve this timeline. The Steering Group has been meeting regularly to ensure a coordinated approach to the implementation of this project. In tandem with this work, progress is also being made to finalise the amendments to the Assisted Decision-Making (Capacity) Act 2015 to streamline the processes envisaged under the 2015 Act and to support the DSS to become operational. It is not possible to indicate a precise date for the publication of the Bill at this point but I am conscious of its importance.
With reference to the recommendations of the Report of the COVID-19 Nursing Homes Expert Panel, the commencement of Part 8 – Advanced Healthcare Directives is a matter for my colleague the Minister for Health.
309. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth the proposed date for the publication of the disability (miscellaneous provisions) Bill; and if he will make a statement on the matter. [39499/20]
View answerThe Disability Miscellaneous Provisions Bill 2016 reached Committee Stage in the previous Dáil, however, the Bill lapsed with the dissolution of the Dáil and Seanad in January 2020. The Programme for Government commits to finalising this required legislation and while there is no date for publication as yet, work on progressing the legislation is ongoing in my Department.
311. Deputy Bríd Smith asked the Minister for Further and Higher Education, Research, Innovation and Science the interpretation by SUSI of the requirement for a 391-day continuous period on a qualifying social protection payment; if this interpretation is the same as other Departments and agencies, that is, 56 weeks; if SUSI interprets this as 65 weeks; and if he will make a statement on the matter. [39318/20]
View answerThe decision on eligibility for a student grant is a matter for the centralised student grant awarding authority SUSI (Student Universal Support Ireland) to determine.
In assessing an application for the 2020/21 academic year, SUSI will have regard to the following qualifying criteria for the special rate of maintenance grant:
1. The student must qualify for the standard rate of grant;
2. Total reckonable income, after income disregards and Child Dependant Increase(s) are excluded, must not exceed €24,500;
3. As at 31st December 2019, the reckonable income must include one of the eligible long-term social welfare payments prescribed in Schedule 2 of the Student Grant Scheme 2020.
The report of the Action Group on Access to Third Level Education made detailed recommendations concerning the introduction of special rates of maintenance grants for disadvantaged students. The target group of "those most in need" was defined in terms of the dependants of people receiving long-term welfare payments, where the necessary conditions are fulfilled.
In general terms, Jobseekers Benefit is considered to be a short-term payment unless it is held for 391 consecutive days at the 31st December 2019. The 391 days is the time period as determined by the Department of Social Protection for a social welfare payment to be regarded as long term, and refers to social welfare days as opposed to calendar days. Jobseeker’s Benefit is operated by the Department of Social Protection on a 6 day week basis.
The 391 day requirement for the purposes of qualifying for the special rate of grant under the Student Grant Scheme is operated in line with the arrangements as determined by the Department of Social Protection and follows its interpretation as to what it considers to be a long term payment.
The Student Grant Scheme also makes provision for combining periods of Jobseeker's Allowance, Jobseeker's Benefit and other eligible payments for the purposes of meeting the 391 days eligibility requirement.
312. Deputy Pearse Doherty asked the Minister for Further and Higher Education, Research, Innovation and Science the effect Covid-19 pandemic unemployment payments will have on the entitlement of third level students to student grants; if it is planned to make changes to the income assessment process for such students; and if he will make a statement on the matter. [39414/20]
View answerI am conscious of the difficulties being experienced by students and their families as a result of the Covid-19 pandemic, and of the importance of the Student Grant Scheme and related supports, such as the Student Assistance Fund and the Fund for Students with Disabilities. These supports have a fundamental role in assisting students and families who are putting their children through further and higher education.
Under the terms of the Student Grant Scheme, grant assistance is awarded to students attending an approved course in an approved institution who meet the prescribed conditions of funding including those relating to nationality, residency, previous academic attainment and means.
The decision on eligibility for a student grant is a matter, in the first instance, for SUSI to determine. For the 2020/21 academic year, student grant applications will be assessed based on gross income from all sources for the period 1st January 2019 to 31st December 2019.
However, if a student or party to their application experiences a change in circumstances that is not a temporary change and is likely to continue for the foreseeable future, they can apply to have their application assessed under the change in circumstances provision of the relevant Student Grant Scheme. The income of all parties to the application will be assessed or reassessed on the current year (2020) and they may also be asked to provide evidence of the current year’s (2020) income.
In line with the Programme for Government, I am launching a Review of the SUSI scheme. This review will focus on:
- Assessing the impact of Covid on the SUSI scheme.
- Review of eligibility and adjacency rates.
- Examining the future role of SUSI in supporting different forms of provision in line with national priorities, including postgraduate studies and part-time provision.
It is intended that the Review will commence before the end of 2020, and will report in Summer 2021. Stakeholders will be consulted as part of the Review process, and it is intended that the future direction of the SUSI scheme will be guided by the outcome of the Review.
Apart from the Student Grant Scheme, students can apply for supports under the Student Assistance Fund. The fund assists students in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Institutions have the autonomy to maximise the flexibility in the Student Assistance Fund to enable HEIs to support students during the Covid-19 pandemic. Details of this fund are available from the Access Office in the higher education institution attended. This fund is administered on a confidential, discretionary basis.
In addition, tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education including approved undergraduate and postgraduate courses in EU Member States and in non-EU countries. Further information on this tax relief is available from a student's local Tax office or from the Revenue Commissioners website www.revenue.ie.
313. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the number of part-time students currently enrolled or the most current figures available; the number of part-time third level students, by county, in tabular form; and if he will make a statement on the matter. [39335/20]
View answerThe figures requested by the Deputy are available in the attached table. The figures given are for the 2018/2019 year, the latest available.
Part-time student enrolments by Higher Education Institution, 2018/2019
|
Higher Education Institution |
Number of Students |
|
TU Dublin |
7736 |
|
University College Dublin |
3942 |
|
IT Carlow |
3682 |
|
University College Cork |
3257 |
|
National University of Ireland Galway |
3250 |
|
Cork IT |
2728 |
|
Dublin City University |
1923 |
|
IT Sligo |
1839 |
|
Maynooth University |
1793 |
|
Trinity College Dublin |
1596 |
|
Waterford IT |
1579 |
|
University of Limerick |
1378 |
|
Athlone IT |
1115 |
|
Limerick IT |
1098 |
|
Mary Immaculate College |
1088 |
|
Royal College of Surgeons |
970 |
|
Galway-Mayo IT |
933 |
|
Letterkenny IT |
898 |
|
Dundalk IT |
777 |
|
St. Angela's College Sligo |
644 |
|
IT Tralee |
333 |
|
Dun Laoghaire Institute of Art, Design and Technology |
289 |
|
National College of Art and Design |
181 |
|
Total |
43029 |
Part-time student enrolments by domicile, 2018/2019
|
Domiciliary Origin |
Number of Students |
|
Carlow |
653 |
|
Cavan |
449 |
|
Clare |
1005 |
|
Cork |
5505 |
|
Donegal |
1107 |
|
Dublin |
11388 |
|
Galway |
2870 |
|
Kerry |
911 |
|
Kildare |
2047 |
|
Kilkenny |
886 |
|
Laois |
574 |
|
Leitrim |
238 |
|
Limerick |
1514 |
|
Longford |
314 |
|
Louth |
876 |
|
Mayo |
989 |
|
Meath |
1444 |
|
Monaghan |
327 |
|
Offaly |
603 |
|
Roscommon |
475 |
|
Sligo |
450 |
|
Tipperary |
1115 |
|
Waterford |
1154 |
|
Westmeath |
794 |
|
Wexford |
1245 |
|
Wicklow |
1287 |
|
Northern Ireland |
393 |
|
Great Britain |
263 |
|
Other EU |
520 |
|
Non-EU |
798 |
|
Other/Not Stated |
835 |
|
Total |
43029 |
314. Deputy Danny Healy-Rae asked the Minister for Further and Higher Education, Research, Innovation and Science if he will address a matter (details supplied) regarding funding for a postgraduate diploma; and if he will make a statement on the matter. [39336/20]
View answerUnder the July stimulus package an additional funding allocation of €47.5m was provided for Higher Education skills-related programmes. The higher education elements of the July stimulus package were in three broad areas – further support for Springboard+ and HCI Pillar 1 (€10m), Funding for Postgraduate provision (€22.5m), and the provision of modular courses(€15m).
The Postgraduate Skills element provides an additional 2,555 places on 207 existing part-time and full-time postgraduate taught programmes in 23 public and private higher education institutions.
The places are available on courses in a wide range of skills areas, including Data Analytics, Environmental Sciences, Engineering, Tourism and Hospitality, ICT & Health and welfare including Medical Technology.
It is important to note that the funding and additional places provided under the July Stimulus package is separate and supplementary to the usual intake on postgraduate courses.
With reference to the postgraduate diploma in youth work, I understand from information received from the HEA, that registration and induction of students for the additional places (as funded under the July Stimulus) will take place in UCC with the academic component commencing in 14th December 2020. Applicants who apply and are approved for the additional places on this course will be able to avail of the supports being made available as part of the July Stimulus initiative.
315. Deputy Catherine Connolly asked the Minister for Further and Higher Education, Research, Innovation and Science if he will allow for the recently announced €250 payment for undergraduate and postgraduate students to be made available to all recipients as a one-off payment rather than a credit note regardless of whether they are in receipt of SUSI or not; and if he will make a statement on the matter. [39345/20]
View answer319. Deputy Catherine Connolly asked the Minister for Further and Higher Education, Research, Innovation and Science if the recently announced €250 payment for undergraduate and postgraduate students in Ireland to all Irish citizens currently undertaking undergraduate or postgraduate studies in other EU countries will be extended; the details of the cost analysis of same carried out by his Department; and if he will make a statement on the matter. [39449/20]
View answerI propose to take Questions Nos. 315 and 319 together.
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.
The funding, which was provided in Budget 2021, in recognition of the significant upheaval they have experienced due to the COVID-19 pandemic will offer financial assistance to all EU full-time undergraduate and postgraduate students attending publicly funded Higher Education Institutions (HEI).
The scheme will ensure students:
- Who avail of the SUSI grant, including students studying abroad, will receive €250 top-up in their grant;
- Students who do not avail of the grant but attend publicly funded Higher Education Institutions in the state can reduce by €250 any outstanding contribution fee payments or receive a €250 credit note for their institution;
- In a small number of cases, alternative arrangements will be made for the payment of the monies to students.
The provision of a support package of this scale requires an appropriate process which must adhere to rigorous audit and robust financial controls.
In this regard I must thank the HEA, IUA, THEA, TU Dublin and SUSI for all their assistance in bringing this much-needed support to students in line with these requirements through existing mechanisms. SUSI and institutions will be communicating directly with students on arrangements and information from SUSI is available here: https://susi.ie/covid-19-once-off-emergency-grant/
Additionally Budget 2021 provides further funding to enhance SUSI grant supports for post-grads and increase support for the PATH access initiative, which seeks to increase participation in Higher Education from the most economically disadvantaged students.
This builds on the specific student supports in response to Covid, which I announced in July including the provision of additional student assistance including a doubling of the Student Assistance Fund, and a €15 million technology fund for devices for students in further and higher education to assist with difficulties in accessing technology to facilitate their course work in a blended capacity. These supports are being distributed through the colleges and further education providers.
316. Deputy Pádraig O'Sullivan asked the Minister for Further and Higher Education, Research, Innovation and Science the amount drawn down to date from the student device fund worth €15 million; and if he will make a statement on the matter. [39368/20]
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 are being distributed by Higher Education Institutions (HEIs) and Education and Training Boards (ETBs) to disadvantaged students via appropriate lending schemes. Almost 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.
The total amount drawn down to date by the HEA and SOLAS for onward transmission to eligible HEIs and ETBs is €14,964,500.
317. Deputy Pádraig O'Sullivan asked the Minister for Further and Higher Education, Research, Innovation and Science the amount drawn down to date from the €168 million package for further and higher education sectors to deal with the impacts of Covid-19; and if he will make a statement on the matter. [39369/20]
View answerThe Government has provided funding in the amount of €168m to support the return of students to further and higher education for the academic year 20/21. This included €150million in new funding and a re-prioritisation of €18million.
The specific student supports include a doubling of the Student Assistance Fund, and a €15 million technology fund for devices for students in further and higher education.
For the Education providers under the remit of my Department, the allocation includes funding towards Support to Front line response; Immediate ICT costs relating to online provision; Health and Safety Costs; Research costs and funds towards assisting the enrolment of International Students.
Elements of the funding have already been drawn:
- €47million in respect of researchers affected by Covid-19 was granted to the HEA.
- Funding of €15million was provided in respect of a fund for student devices, broken down as €10 million to the higher education sector and €5m to the Further Education and Training sector.
- €5 million was granted to SOLAS for the Further Education and Training sector to meet PPE costs arising out of the Covid-19 pandemic.
- €1.9m in respect of student access measures in higher education.
The final distribution of the funding allocations to providers is ongoing and remaining funds will be will be requisitioned shortly.
318. Deputy Pearse Doherty asked the Minister for Further and Higher Education, Research, Innovation and Science his plans to make the Covid-19 one-off emergency grant of €250 payment payable in cash to all third level students, given the exceptional circumstances experienced by all students; and if he will make a statement on the matter. [39435/20]
View answer321. Deputy Jackie Cahill asked the Minister for Further and Higher Education, Research, Innovation and Science the way in which the €250 one-off payment to students will be paid out to students who are not in receipt of a SUSI grant, have already fully paid their student contribution fees and are in their final year of study in order that they will not require a credit with their institutions for a following year of student contribution fees; and if he will make a statement on the matter. [39454/20]
View answerI propose to take Questions Nos. 318 and 321 together.
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.
The funding, which was provided in Budget 2021 in recognition of the significant upheaval they have experienced due to the COVID-19 pandemic, will offer financial assistance to all EU full-time undergraduate and postgraduate students attending publicly funded Higher Education Institutions.
The scheme will be provided to students:
- Who avail of the SUSI grant will receive €250 top-up in their grant;
- Students who do not avail of the grant can reduce by €250 any outstanding contribution fee payments or receive a €250 credit note for their institution;
- In a small number of cases, alternative arrangements will be made for the payment of the monies to students.
Additionally Budget 2021 provides further funding to enhance SUSI grant supports for post-grads and increase support for the PATH access initiative, which seeks to increase participation in Higher Education from the most economically disadvantaged students.
This builds on the specific student supports in response to Covid, which I announced in July including the provision of additional student assistance including a doubling of the Student Assistance Fund, and a €15 million technology fund for devices for students in further and higher education to assist with difficulties in accessing technology to facilitate their course work in a blended capacity. These supports are being distributed through the colleges and further education providers.
320. Deputy Catherine Connolly asked the Minister for Further and Higher Education, Research, Innovation and Science if the SUSI grant to graduate entry medical students will be extended given the considerable financial obstacles for many in pursuing this course of study; and if he will make a statement on the matter. [39453/20]
View answerUnder the terms of the Student Grant Scheme, grant assistance is awarded to students attending an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.
To satisfy the terms and conditions of the Student Grant Scheme in relation to progression, a student must be moving from year to year within a course, having successfully completed the previous year or be transferring from one course to another where the award for the subsequent course is of a higher level than the previous course.
In general, under the progression/previous academic attainment criteria of the Student Grant Scheme, students cannot qualify for grant assistance or free tuition fees for a second period of study at the same level or for a different course at the same level, irrespective of whether or not a grant or tuition fees were paid previously.
The main objective of this policy is to assist as many students as possible to obtain one qualification at each level of study. The Scheme operates in the context of competing educational priorities and limited public funding.
To avail of the graduate entry route for medicine, a primary degree in another discipline is necessary. Accordingly such students are ineligible for grant assistance on the basis that they already hold an undergraduate degree.
However, institutions participating in the graduate medical programme have been requested to provide accompanying services and supports to facilitate the participation of disadvantaged students in the programme. Details of these services and supports are available from the relevant institution.
Students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Information on the fund is available through the Access Officer in the third level institution attended. This fund is administered on a confidential, discretionary basis.
In addition, tax relief at the standard rate of tax may also be available in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from a student's local Tax Office or from the Revenue Commissioners website, www.revenue.ie
322. Deputy Holly Cairns asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to the low levels of persons with disabilities employed in third level education institutions; and if he will make a statement on the matter. [39503/20]
View answerPart 5 of the Disability Act 2005 requires that public bodies promote and support the employment of people with disabilities and ensure that 3% of staff employed by them are people with disabilities. Under Part 5 of the Act, departmental monitoring committees furnish an annual report on the performance of its aegis bodies for the previous year.
In accordance with the statutory requirement to do so in June of this year, and ahead of the Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020, the Department of Education Monitoring Committee furnished its report for 2019 on performance by its aegis bodies, including the higher education institutes that are obliged to report under the provisions of the Act.
All of the aegis bodies reporting under the Act achieved the minimum compliance level under Part 5 in 2019. Overall an average compliance level in excess of 4% was reported to the NDA for 2019 on behalf of all of the aegis bodies. My Department will continue to support and monitor the employment of persons with disabilities in higher education institutions, raising awareness on the available resources to do so and also on the commitment in the Programme for Government to increase the minimum compliance target to 6% by 2024.
323. Deputy Neale Richmond asked the Minister for Justice the work her Department is conducting to create new pathways for long-term undocumented persons and their dependants who meet specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind EU and common travel area commitments; and if she will make a statement on the matter. [39496/20]
View answerThe Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents to regularise their status, bearing in mind European Union and Common Travel Area commitments.
The necessary work to give effect to this commitment is currently being advanced in my Department and is being informed by an assessment of international best practice. A proposal will be published as soon as possible.
In the meantime, I would encourage any person who is resident in the State without permission to contact my Department or their local immigration office and to take all appropriate steps to regularise their own and their family's status.
324. Deputy Alan Kelly asked the Minister for Justice if copies of all correspondence to or from her, her advisers or her Department relating to the filling of the Supreme Court vacancy occasioned by the retirement of a person (details supplied) will be provided. [39262/20]
View answerA number of FOI requests have been received by my Department in recent days in relation to the appointment of a Supreme Court judge.
It is the intention of my Department to publish on its website any relevant records, once they have been compiled.
325. Deputy Brendan Griffin asked the Minister for Justice her views on a matter (details supplied); and if she will make a statement on the matter. [39277/20]
View answerI am aware of reports of the incident referred to by the Deputy which I understand is currently under investigation by An Garda Síochána. As such I'm sure the Deputy will appreciate that I cannot comment further on this matter.
The Programme for Government contains a commitment to enact legislation in this area, and I am supporting the progression of the Harassment, Harmful Communications and Related Offences Bill. The Bill is scheduled for Committee Stage in the Dáil on 1 December 2020.
Earlier this week, I secured Cabinet approval to bring forward amendments to the Harassment, Harmful Communications and Related Offences Bill to provide for two new offences to deal with the non-consensual distribution of intimate images.
The first offence will deal with the taking, distribution, publication or threat to distribute intimate images without consent, and with intent to cause harm to the victim. It is intended to carry a maximum penalty of an unlimited fine and/or 7 years’ imprisonment.
The second offence will deal with the taking, distribution or publication of intimate images without consent without a requirement that the person intended to cause harm to the victim. It is intended that this offence will carry a maximum penalty of a €5,000 fine and/or 12 months’ imprisonment.
The amendments proposed also provide that it will be irrelevant that a person may have consented to the taking of an image if it is subsequently published or distributed without their consent. It will be an aggravating factor for the purposes of sentencing if the perpetrator of the offence is or was in an intimate relationship with the victim of the offence.
Further amendments approved by Cabinet will update harassment legislation to broaden the scope of the offence of harassment to cover all forms of persistent communications about a person, not just indecent images, and to increase the penalty from seven to ten years' imprisonment to reflect the harm that can be caused by most serious forms of harassment.
Harassment and abuse in any form, whether online or otherwise, is utterly unacceptable and has no place in Irish society. I am, along with my Government colleagues, fully committed to tackling abusive behaviour in all forms. The standards of what is unacceptable in an online setting must be consistent with those in traditional settings, and cross government initiatives are underway to address this.
Producing or distributing child sexual abuse material are already criminal offences under existing Irish legislation. In addition, the Criminal Law (Sexual Offences) Act 2017 brought in a new offence of accessing child sexual abuse material online. It also criminalised grooming behaviour, such as communicating with a child online for the purpose of sexual exploitation.
Ireland’s national service for the reporting of suspected online illegal content is Hotline.ie. On receipt of reports, Hotline.ie’s Content Analysts examine the content and, if the material is considered illegal, will issue notice and takedown request orders to the appropriate service provider and will notify An Garda Síochána with the relevant information.
I am informed that the Garda National Protective Service Bureau are keeping peer-to-peer activity (this relates to file sharing of illegal material over private networks) under close review including through their use of FBI-developed Round-Up software tool.
Progression of the Harassment, Harmful Communications and Related Offences Bill is a priority action for me as Minister for Justice and I am committed to seeing it enacted as quickly as possible. I would like to acknowledge the cooperation of Deputy Brendan Howlin in advancing the proposed amendments and I very much welcome the support expressed by all for this legislation.
