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Tuesday, 1 Dec 2020

Written Answers Nos. 563-587

Third Level Fees

Questions (563)

Willie O'Dea

Question:

563. Deputy Willie O'Dea asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to the fact that persons who have been receiving their lectures online from the University of Limerick are being charged the full fee; his plans to change this; and if he will make a statement on the matter. [39920/20]

View answer

Written answers

It is important to note in relation to this issue that under the Free Fees Schemes the Exchequer currently makes a very substantial contribution amounting to €340 m to meeting the tuition fee costs of eligible undergraduate Higher Education students with those students who are required to pay the student contribution paying €3,000 per annum towards the cost of their studies.

In addition, the Exchequer pays the contribution in full or part, through SUSI, for approximately 44% of students eligible for free fees.

As the Deputy will be aware as part of Budget 2021, I announced enhanced SUSI grant supports for post-grads and increased support for the PATH access initiative to increase participation in Higher Education from the most economically disadvantaged students and a review of SUSI to guide the future strategic direction of the scheme. An important objective will be to ensure access to and continued participation in higher education by students from disadvantaged backgrounds.

I am of course very conscious of the immediate impacts of the COVID-19 pandemic on our students. 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 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.

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.

Question No. 564 answered with Question No. 556.

Departmental Contracts

Questions (565)

Catherine Murphy

Question:

565. Deputy Catherine Murphy asked the Minister for Further and Higher Education, Research, Innovation and Science if he will provide a schedule of all consultancy firms, accountancy firms, legal firms, project management firms and IT firms his Department has engaged to carry out work on its behalf in 2018 and 2019 and to date in 2020; if he will summarise the work they were engaged to do and the full costs of the engagements; if disputes over costs ensued; if they were resolved with or without sanctions, financial penalties or the withholding of funds; and if contracts are subject to legal challenge or mediation. [40212/20]

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Written answers

My Department has published reports on consultancy costs after each calendar year on www.education.ie. Tables showing the returns for consultancy costs for 2018 and 2019 follow. A return for 2020 will be compiled after the end of the accounting period.

Details in respect of accountancy, legal, project management and IT companies, are not immediately available but are being compiled and will be forwarded to the Deputy in due course.

Disputes over costs can be resolved informally or through legal challenge and/or the services of a mediator.

Table A

Table B

Covid-19 Pandemic Supports

Questions (566, 568)

Rose Conway-Walsh

Question:

566. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the way in which students in their final year of third level education who paid their fees in full up front can avail of the €250 student support; and if he will make a statement on the matter. [40283/20]

View answer

Michael Healy-Rae

Question:

568. Deputy Michael Healy-Rae asked the Minister for Further and Higher Education, Research, Innovation and Science if an anomaly in the SUSI scheme will be addressed (details supplied); and if he will make a statement on the matter. [40461/20]

View answer

Written answers

I propose to take Questions Nos. 566 and 568 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 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.

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.

Covid-19 Pandemic Supports

Questions (567)

Mick Barry

Question:

567. Deputy Mick Barry asked the Minister for Further and Higher Education, Research, Innovation and Science if he will review the scope of the July stimulus funding for higher education to include assistance to the students who started courses in this academic year, given the significant financial hardship and disruption to studies that have been experienced by this cohort; if he will examine extending funding to those who started the postgraduate diploma course in youth work in UCC this academic year given the significant loss in ability to secure work placement hours; and if he will make a statement on the matter. [40328/20]

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Written answers

Under 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.

This funding was allocated as a further response to the impacts of the global pandemic, providing upskilling and reskilling places for those who have been most affected and ensuring that they have the skills most needed by employers today. Many courses focus on future proofing the skills of those in employment, particularly in roles that may be impacted by digitalisation.

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. 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.

With reference to the postgraduate diploma in youth work in UCC, 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 soon with the academic component commencing on 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. Unfortunately funding will not be extended to those who availed of this course prior to 14th December 2020.

Question No. 568 answered with Question No. 566.

Departmental Expenditure

Questions (569)

Peadar Tóibín

Question:

569. Deputy Peadar Tóibín asked the Minister for Further and Higher Education, Research, Innovation and Science if additional details will be provided on the Revised Estimates for his Department (details supplied); and the areas in which the remainder is being spent. [40491/20]

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Written answers

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 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.

The revised Estimates which the Deputy refers to of €43.5m is the total cost to the Exchequer for this once off funding. The €18.5m which the Deputy sought clarity on refers to the funding which will be issued to SUSI before year end to enable them to pay SUSI grant holders the additional payment of €250.

SUSI will pay all learners on its database an additional payment of €250. The grant will be paid on 18th December. In some cases, students will receive the payment after Christmas. Students who have not yet added their bank details to their SUSI account should do so as soon as possible. To receive the payment on 18th December, bank details must be added before 7th December. SUSI recipient can get more information here: https://susi.ie/covid-19-once-off-emergency-grant/?fbclid=IwAR24T5S6DndRUxveSR2_7HDwF8MvuT6gZr_wpPD85DpxO3j8Bhl_orclZhk.

The provision of a support package of this scale requires an appropriate process which must adhere to rigorous audit and robust financial controls.

Third Level Institutions

Questions (570)

Gary Gannon

Question:

570. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science his views on the absence of systematic data for persons with disabilities or from minority or ethnic backgrounds working in academic and research roles in Irish higher education institutions; and if he will make a statement on the matter. [40506/20]

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Written answers

The HEA has been working with higher education stakeholders for the past 12 months on the issue of the collection of data on higher education institution staff by ethnicity. The HEA Centre of Excellence for Equality, Diversity and Inclusion will request such data in December 2020, following the publication of a statement by the Athena SWAN National Intersectionality Working Group in May 2020. Also in December 2020, the HEA will conduct a national survey of higher education institution staff to develop a picture of race equality across the Irish higher education sector. The HEA is committed to addressing racial inequalities in higher education and to supporting Irish higher education institutions to create an inclusive culture and environment where individuals are able to thrive, irrespective of their ethnic background. The Centre does not currently collect data on staff with disabilities.

Higher education institutions have a responsibility to collect disability data at local level, as it is central to their implementation of the Irish Human Rights and Equality Commission Act 2014. Under this Act, all public higher education institutions must undertake assessment and monitoring, and have policies and plans to promote equality, prevent discrimination and protect the human rights of staff, students and the wider public that are served by the work of higher education institutions.

There is a legal obligation on public bodies to report on the number of staff with disabilities that they employ. To guide public bodies on this task, the National Disability Authority has developed a suite of forms for collection of data, a set of statutory forms for return of the data; and guidance for public bodies and their staffs on what is involved: http://nda.ie/Publications/Employment/Employment-of-people-with-disabilities-in-the-public-service/Guidance-to-public-bodies-on-how-to-get-the-number-of-their-staff-with-disabilities/.

Judicial Appointments

Questions (571)

Patricia Ryan

Question:

571. Deputy Patricia Ryan asked the Minister for Justice when the current vacancy on the Supreme Court will be filled; if a transparent process will be used to fill the vacancy; and if she will make a statement on the matter. [40134/20]

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Written answers

There is currently one vacancy in the Supreme Court. As I outlined to the House last week, it has been the practice to maintain a vacancy in the Supreme Court due to the reduction achieved in waiting times in that court in recent years and I have no immediate plans to fill the existing vacancy. However, the situation is kept under ongoing review, having regard to emerging pressures, planned retirements, etc.

Judicial appointments are made in accordance with Articles 13.9 and 35.1 of the Constitution, by the President acting on the advice of the Government. As with all judicial vacancies, a request is made to the Judicial Appointments Advisory Board (JAAB) for a list of suitable candidates for appointment and the names of all those who applied. The JAAB recommendations, along with any expressions of interest from serving judges, and all eligible judges for appointment, are considered. I then, as Minister for Justice, submit a Memorandum for Government to the Cabinet Agenda at which point Cabinet agrees on a nominee for appointment by the President.

The Programme for Government contains a commitment to reform the judicial appointments process and I intend to bring forward new legislation to do this very quickly. I will shortly seek the approval of the Government for a new General Scheme of a Judicial Appointments Commission Bill 2020 to provide for the establishment of a new Commission to replace the Judicial Appointments Advisory Board.

The Programme for Government also contains a commitment to establish a working group to consider the numbers and types of judges required to ensure the efficient administration of justice over the next five years. Preparatory work within my Department is under way and I anticipate that this group will be established soon.

Garda Equipment

Questions (572)

Cian O'Callaghan

Question:

572. Deputy Cian O'Callaghan asked the Minister for Justice if he will provide details on the accuracy of the equipment used for speeding checks; the frequency of gardaí pulling over the wrong car for speeding; the way this information is collected and reported; and if she will make a statement on the matter. [39556/20]

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Written answers

As the Deputy is aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of the Garda organisation. As Minister, I have no role in those matters.

Road traffic legislation is enforced as part of the day-to-day duties of all members of An Garda Síochána, as well as through specific enforcement operations. However, I understand that the Commissioner established the Garda National Roads Policing Bureau to ensure a consistent approach to road safety and enforcement of road traffic legislation across the country. This is achieved through coordination of enforcement and development of policy based on research and analysis of statistics and by engaging in campaigns in partnership with other State agencies.

I am informed by the Garda authorities that all speed detection equipment used by An Garda Síochána complies with International Standards with regard to accuracy in relation to speed. The devices used by An Garda Síochána must meet International Standards with regard to the identification of the offending vehicle.

In relation to non-intercept detections by members of An Garda Síochána, An Garda Síochána will only record cases where a fixed charge notice or a subsequent prosecution is initiated. A Fixed Charge Notice can be initiated by use of a note pad, a handheld device or one of the new Garda Mobility Devices.

Proposed Legislation

Questions (573)

Cian O'Callaghan

Question:

573. Deputy Cian O'Callaghan asked the Minister for Justice the status of the hate crime review and proposed legislation; and if she will make a statement on the matter. [39565/20]

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Written answers

My Department is working to prepare new legislation on hate crime and hate speech as a priority. This is in accordance with the commitment in the Programme for Government to introduce such legislation within the first twelve months.

As part of this work a comprehensive public consultation has been carried out which included an online survey and an opportunity for stakeholders to make formal submissions. This consultation was conducted to ensure that the Department fully understands the lived experience of those impacted by hate speech and hate crime as well as the views of professionals and other stakeholders in the field. This is necessary to ensure the laws developed are robust, clearly understood and effective.

I am pleased with the high level of engagement by the public with this important topic and can inform the Deputy that my Department received in the region of 3,800 written responses to the consultation, including approximately 175 detailed written submissions.

In addition to this comprehensive consultation and in order to ensure that the final legislation will be effective, my Department has also carried out comparative research on international best practice on hate crime legislation.

In response to the question on when the results of this work will be published, I expect to publish the report on the public consultation, together with the comparative research on international approaches in the coming weeks.

The purpose of this work is to ensure that the legislative proposals presented are evidence-based, proportionate and effective, while respecting important rights to freedom of expression and association.

There will be a further opportunity for stakeholders to share their views when the legislative proposals on this important issue are published for discussion and I intend to bring a General Scheme to Government for approval early in 2021.

Commemorative Events

Questions (574)

Pa Daly

Question:

574. Deputy Pa Daly asked the Minister for Justice the status of the State commemoration for the Royal Irish Constabulary, RIC, that was previously proposed by her Department. [39586/20]

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Written answers

As the Deputy will be aware, my predecessor as Minister decided to defer the event which had been scheduled to take place earlier this year to mark the role in Irish history of the Dublin Metropolitan Police and Royal Irish Constabulary pending further consultation, including with the Expert Advisory Group on Centenary Commemorations, the All-Party Consultation Group on Commemorations and with other stakeholders.

My Department is still considering how best to mark the elements of Phase II of the Decade of Centenaries programme which fall within the Justice sector.

Asylum Seekers

Questions (575)

Robert Troy

Question:

575. Deputy Robert Troy asked the Minister for Justice if a person going through the asylum process can apply for a work permit; if so, the criteria for same. [39601/20]

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Written answers

International protection applicants are not required to apply for an employment permit from the Department of Enterprise, Trade and Employment to legally obtain employment. Access is provided under the European Communities (Reception Conditions) Regulations 2018. These Regulations transpose the EU (recast) Reception Conditions Directive and came into operation from 30 June 2018.

The Regulations provide access to both employment and self-employment for any applicant who has not received a first instance decision within 9 months of making their international protection application.

Applications are made to the Labour Market Access Unit (LMAU) of the Immigration Service of my Department. If the application is successful, a labour market access permission is granted, which is valid for 6 months from the date of issue and may be renewed until a final decision is made on the person's international protection application.

Following a review of access to the labour market for persons seeking international protection led by my Department, and approval of the recommendations by Government, I announced on 21 October 2020, that a number of positive changes are being introduced. The waiting period for applying for a labour market permission is being reduced from 9 months to 6 months and the validity of the permission is being extended from 6 months to 12 months. I also announced that we will expand the access to the labour market to include those applicants who received a first instance recommendation before the European Communities (Reception Conditions) Regulations 2018 came into force, provided that they meet the criteria set out in the Regulations. The restriction preventing people accessing employment with public health employers, subject to them having the necessary qualifications, is also being removed.

These changes will need to be facilitated by an amending Statutory Instrument to the 2018 Regulations, which it is hoped to progress as soon as possible.

Immigration Status

Questions (576)

Bernard Durkan

Question:

576. Deputy Bernard J. Durkan asked the Minister for Justice when a Garda National Immigration Bureau, GNIB, card will issue in the case of a person (details supplied) who is a stamp 4 holder; and if she will make a statement on the matter. [39631/20]

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Written answers

An application for a Stamp 5 “Without Condition As To Time” endorsement was received by the Immigration Service of my Department on 21 May 2019, from the person concerned. In the interests of fairness, all applications are dealt with in chronological order. Processing of this application is almost complete and a decision is expected to issue in the coming days.

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.

Oireachtas Joint Committee Reports

Questions (577)

Johnny Guirke

Question:

577. Deputy Johnny Guirke asked the Minister for Justice when the recommendations of the report of the Joint Committee on Justice and Equality on the reform of the family law system, published 25 October 2019, will be considered and-or implemented; the timescale for same; and if she will make a statement on the matter. [39637/20]

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Written answers

A Family Justice Oversight Group has recently been established in my department which, in addition to department officials, also includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth. The Group held its first meeting in September and has been tasked with agreeing a high-level vision and key medium and longer-term objectives for the development of a national family justice system having regard to international best practice, in parallel with the establishment of the dedicated Family Court structure as envisaged by the forthcoming Family Court Bill.

A work plan is currently being developed by the group and I understand that one of the tasks to be undertaken is consideration of the various recommendations contained in the Joint Committee on Justice and Equality Report on Reform of the Family Law System.

The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a less adversarial resolution of disputes.

In September, the Government approved the drafting of a Family Court Bill to provide for the establishment of a District Family Court, a Circuit Family Court and a Family High Court as divisions within the existing court structures.

In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019.

The publication of the General Scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution. The overall aim is to change the culture so that the focus of the family justice system meets the complex needs of people who need help with family justice issues.

The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. It is not possible at this stage to indicate when the Bill is likely to be published or to predict the timeframe for the legislative process with regard to the Bill after its publication.

Road Traffic Offences

Questions (578)

Róisín Shortall

Question:

578. Deputy Róisín Shortall asked the Minister for Justice the length of time it is taking to deal with traffic offences in district courts in Dublin; if there are undue delays in such cases being heard due to the Covid-19 emergency period restriction; and if she will make a statement on the matter. [39641/20]

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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 have advised me that the restrictions imposed as a result of the COVID-19 pandemic have had the effect of curtailing the numbers of people that can safely attend indoor venues including Courthouses, where new arrangements have had to be put in place.

Since the start of the pandemic, priority has been given to areas of court business such as domestic violence applications, cases involving custody matters and criminal jury trials. Because traffic summons lists are typically long and require the attendance of large numbers of people and their lawyers, a different approach was required. This involved staggering lists and finding dates and times in court lists where numbers attending other courts in courthouses were low, so as to preserve social distancing.

The pandemic led to a cessation of scheduling summonses by the Courts Service between March and the end of July. When scheduling restarted, a backlog of applications for summonses had built up. The Courts Service is working with An Garda Síochána to implement a plan to clear this backlog over the coming months and have these matters before the Courts at the earliest possible opportunity.

Immigration Status

Questions (579)

Neale Richmond

Question:

579. Deputy Neale Richmond asked the Minister for Justice the steps she is taking 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. [39656/20]

View answer

Written answers

The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, 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 including our EU and CTA commitments. A proposal will be published as soon as possible.

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. In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.

Fines Data

Questions (580)

Michael McNamara

Question:

580. Deputy Michael McNamara asked the Minister for Justice the number of fines handed out by An Garda Síochána and the monetary value of the fines, pursuant to the new Health (Amendment) Act 2020, which amended the Health Act 1947; and if she will make a statement on the matter. [39677/20]

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Written answers

As the Deputy will be aware, responsibility for policing the current Public Health regulations rests with the Garda Commissioner. Further, responsibility for the legislation underpinning the Public Health response lies with my colleague, the Minister for Health.

An Garda Síochána continue to use the 'Four Es' approach in line with their strong tradition of community policing and policing by consent. This sees Garda members Engage with, Encourage and Educate members of the public on public health advice and regulations, with Enforcement used only as a last resort.

Both the Policing Authority and the Gardaí provide regular reports and updates of An Garda Síochána's efforts during this difficult time and I am pleased to note that both the Authority and the Commissioner have noted high levels of compliance by the public and positive interaction between Gardaí and communities.

The Health (Amendment) Act 2020, which amended the Health Act 1947, was signed into law by the President on 25 October 2020. Regulations providing for a new system of fines under the Act were subsequently signed by the Minister for Health on 21 November 2020. An Garda Síochána will now roll out the introduction of enforcement on these measures. Now that the wording of the Regulations has been finalised, the necessary adjustments to the relevant systems are being made to allow the fixed penalty system accommodate these additional offences.

A number of incidents involving suspected breaches of regulations under existing legislation have been referred to the DPP for decisions on whether to charge. The number of cases where the DPP has directed a charge or summons are summarised on the Garda website, under Covid statistics, at the following URL:

https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/coronavirus-covid-19-.html.

Residency Permits

Questions (581)

Bernard Durkan

Question:

581. Deputy Bernard J. Durkan asked the Minister for Justice the options available to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [39689/20]

View answer

Written answers

Based on the details provided by the Deputy, there is no record of an application, or a request, from the person concerned for permission to remain in the State.

The person concerned is advised to write to the Immigration Service of my Department and request to regularise their position in the State. When submitting their request, they should outline their current circumstances, the date of their arrival in the State, their current permission, if any, to be in the State, along with their future intentions in the State.

They should enclose a copy of their passport, along with any documentation that they believe will support their case. The application should be submitted, via registered post, to Residence Division - Unit 2, Immigration Service, 13/14 Burgh Quay, Dublin 2, D02 XK70.

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.

Immigration Status

Questions (582)

Bernard Durkan

Question:

582. Deputy Bernard J. Durkan asked the Minister for Justice when new travel documents will issue in the case of a person (details supplied); and if she will make a statement on the matter. [39693/20]

View answer

Written answers

The person concerned had their original travel document application returned to them by the Immigration Service of my Department as they had not supplied all required information. A new travel document application was received on 9 November 2020 and a decision will issue within the next two weeks.

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.

Crime Prevention

Questions (583)

Neale Richmond

Question:

583. Deputy Neale Richmond asked the Minister for Justice if consideration has been given to introducing a nationwide weapons amnesty; and if she will make a statement on the matter. [39707/20]

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Written answers

I can advise the Deputy that An Garda Síochána tackles the issue of illegal weapons on a daily basis at both local and national levels through a range of targeted and intelligence based operations, often disrupting and preventing incidents, as well as detecting and prosecuting those involved.

There was such a firearms amnesty for a two month period in late 2006 but that was in the context of new licensing arrangements being introduced and represented an opportunity for people to regularise their situation before the heavier penalties provided for in the legislation came into force. It is doubtful that such an amnesty would result in hardened criminals handing up weapons. Obviously, any weapons which were used in a criminal offence which is under investigation would need to be excluded from any amnesty. Equally, I am not convinced it is desirable to allow people who hold firearms illegally to evade the legal consequences for that.

In regard to other weapons such as knives, the consistent expert advice from An Garda Síochána is that such an amnesty is not likely to yield any significant benefits. Indeed, in many instances, ordinary household/kitchen knives are used in knife crimes and it has not been the experience that knives of this type are handed in during any amnesty.

I will however, continue to keep this matter under review.

Departmental Reports

Questions (584)

Neale Richmond

Question:

584. Deputy Neale Richmond asked the Minister for Justice if she will provide a full report on the 2006 weapons amnesty; and if she will make a statement on the matter. [39708/20]

View answer

Written answers

I can inform the Deputy that the 2006 Amnesty, which resulted in the surrender of over 1,000 weapons, is considered a success and that it has fully achieved its aims. It was introduced in the context of new licensing arrangements being introduced and represented an opportunity for people to regularise their situation by handing over illegally held weapons to their local Garda Station before the coming into force of the heavier penalties provided for in the Criminal Justice Act 2006.

It was never thought that large numbers of hardened criminals were going to hand over their weapons under this amnesty. Indeed, it would be inappropriate for any weapons used in the commission of a criminal offence to form part of an amnesty. Such criminals can only be dealt with by applying the full rigour of the law; they are and will continue to be pursued relentlessly and brought to justice.

However, it was believed that there were people who had unlicensed guns and offensive weapons in their homes, who would have found it difficult to come forward or to admit that they had such weapons, and that an amnesty would afford them an opportunity to surrender their weapons safely before the introduction of the new minimum mandatory sentences provided for under the 2006 Act.

There are no current plans for a firearms amnesty but the legislative provisions regarding firearms and other areas related to organised crime are kept under ongoing review and I remain in regular contact with the Garda Commissioner in relation to tackling organised crime.

Extradition Arrangements

Questions (585)

Neale Richmond

Question:

585. Deputy Neale Richmond asked the Minister for Justice the number of persons extradited back to Ireland in each of the years 2001 to 2015; the number subsequently convicted; and if she will make a statement on the matter. [39709/20]

View answer

Written answers

As the Deputy may be aware the legal basis for extradition in this State up to 2004 was provided for solely by way of the Extradition Act, 1965. Since 2004, surrenders of persons between the Member States of the European Union have operated on the basis of the European Arrest Warrant Act, 2003 which came into effect on 1 January 2004. Extraditions from non-EU States have remained under the provisions of the Act of 1965.

The numbers of persons surrendered or extradited to Ireland for the years requested by the Deputy are included in the table and, by way of further clarification, there were no extraditions from EU Member States during the years 2001 to 2003 inclusive.

As Minister I have no role in the conviction of any person including those surrendered or extradited to this State and no such records are held by my Department.

Year:

Non EU Extradition

European Arrest Warrant Surrender

Total:

2001

0

2002

0

2003

0

2004

1

5

6

2005

13

13

2006

21

21

2007

28

28

2008

25

25

2009

35

35

2010

1

25

26

2011

1

34

35

2012

1

51

52

2013

43

43

2014

7

55

62

2015

1

46

47

Extradition Arrangements

Questions (586)

Neale Richmond

Question:

586. Deputy Neale Richmond asked the Minister for Justice the number of persons who are currently in custody waiting to be extradited from Ireland but whose extradition has been delayed due to the Covid-19 pandemic; and if she will make a statement on the matter. [39710/20]

View answer

Written answers

As the Deputy will be aware decisions relating to detention in prison and bail fall within the remit of the Courts and this includes detentions ordered in proceedings relevant to European Arrest Warrant requests. As Minister for Justice, I have no function in this area.

As of 25 November 2020, the latest date for which information is available, there are no persons in custody whose surrender under the European Arrest Warrant has been postponed for Covid-19 related matters.

Extradition Arrangements

Questions (587)

Neale Richmond

Question:

587. Deputy Neale Richmond asked the Minister for Justice the number of persons who are currently in custody waiting to be extradited back to Ireland but whose extradition has been delayed due to the Covid-19 pandemic; and if she will make a statement on the matter. [39711/20]

View answer

Written answers

The Deputy will appreciate that I have no role in, or influence over, the processing of extradition or European Arrest Warrant (EAW) requests in other jurisdictions and that therefore I cannot give a definitive answer to the question he has raised.

What I can say is that, based on information available to the Irish Central Authority for extradition, there are four known cases involving the surrender of individuals to this jurisdiction where factors related to Covid 19 have contributed to delays. Of these four individuals, one is known to be in custody and one is on bail. It has not been possible to establish the position with the other cases by the reply date of this question. Planning is continuing to bring about these extraditions as soon as possible.

In the wider context, surrenders to Ireland are still ongoing. Since June of this year, a total of 22 individuals have been extradited to Ireland from a variety of states.

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