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Thursday, 3 Dec 2020

Written Answers Nos. 202-221

Covid-19 Pandemic

Questions (202)

Peter Burke

Question:

202. Deputy Peter Burke asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the advice her Department can provide to those operating certain controlled environments (details supplied); and if she will make a statement on the matter. [41030/20]

View answer

Written answers

The Government’s medium-term Strategy Resilience and Recovery 2020-2021: Plan for Living with COVID-19, sets out Ireland's approach to managing and living with COVID-19, in a range of areas, over a period of 6 – 9 months.

The Plan aims to allow society and businesses to operate as normally as possible, while protecting our key priorities of supporting and maintaining health and social care services, keeping education and childcare services open and protecting the most vulnerable members of our communities.

Each of the Plan's five levels consists a “basket” of measures which are intended, collectively, to contribute to lowering the risk of transmission of Covid-19 in alignment with the risk level at that time. The set of measures, individually, do not comprise a list of activities or places which are equally safe, but are “baskets” of measures which are informed by public health understanding of the disease.

The number of people allowed to gather in different scenarios is based on experience and reviews of international practice and the judgment of public health experts. It seeks to balance the risks of different types of gatherings against the desire to allow normal activities to proceed in so far as possible.

Under the present level 3 of the National Framework, live performance in front of an audience is not permitted and theatres remain closed to the public. Under the Health Act 1947 (Section 31A – Temporary Restrictions) (COVID-19) (No. 9) Regulations 2020), the filming, or other recording of performances in a theatre, concert hall, museum or art gallery, without an audience present, for the purposes of broadcasting such performances on the internet, radio or television. Any activity under either of these provisions should only proceed with strict adherence to the Work Safely Protocols as published by Government. As such, these workplaces should be controlled environments with a named event organiser, owner or manager and with full protective measures in place.

Covid-19 Pandemic

Questions (203)

Peter Burke

Question:

203. Deputy Peter Burke asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her Department will give advice to those operating activities within a controlled environment (details supplied); and if she will make a statement on the matter. [41031/20]

View answer

Written answers

The Framework for Restrictive Measures is a risk management strategy designed to allow individuals, families, businesses and services to better understand, anticipate and prepare for the measures Government might introduce to escalation of the transmission of Covid-19. Each level of the framework contains a “basket” of measures which are intended, collectively, to contribute to lowering risk of transmission in alignment with the risk level at that time. The set of measures, individually, do not comprise a list of activities or places which are equally safe. Instead, they are “baskets” of measures which are informed by public health understanding of the disease and recognise that we can and must prioritise some activities over others.

The priority in level 3 is to keep health services, schools and early learning and childcare services open and minimise disruption in the work force. In order to keep people safe the public are asked to reduce the number of people they meet to a minimum and stay in their own county, until December 18th.

The Health Act 1947 (Section 31A-Temporary Restrictions) (COVID-19) (No.9) Regulations 2020, give effect to the current Level 3 provisions. These regulations make specific provisions around dance classes, which like all exercise classes, are suspended at this level. There is, however, provision for individual and one-to-one instruction for dance at this level, which applies to sport, exercise and dance. While dance studios are closed at Level 3, they can provide facilities for use in individual dance practice or dance training.

In terms of the performing arts such as dance it should be noted that the Arts Council is in the process of preparing guidance on individual dance practice/training which will be available shortly. In the meantime, the Sport Ireland published guidance for individual training which may be used. This can be accessed at this link: www.sportireland.ie/covid19/individual-and-indoor-training).

Covid-19 Pandemic

Questions (204)

Peter Burke

Question:

204. Deputy Peter Burke asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her Department will advise those operating small pods in sports clubs (details supplied); and if she will make a statement on the matter. [41032/20]

View answer

Written answers

The Framework for Restrictive Measures is a risk management strategy designed to allow individuals, families, businesses and services better understand, anticipate and prepare for the measures Government might introduce to stop escalation of the transmission of COVID-19. The Government’s strategy, in line with the public health advice, is disease suppression. COVID-19 spreads when individuals and groups come into close contact with one another, enabling the virus to move from one person to another. The risk of infection spread is greater in certain environments than others e.g. uncontrolled environments, crowded and noisy places, indoor environments, and poorly ventilated spaces.

In Levels, 3, 4 and 5 of the Government's Resilience and Recovery Plan, sporting competitions and events - indoors or outdoors - are not permitted except for defined exempted athletes and teams, as set out in the public health regulations. Individual training indoors is permitted in Level 3 and Level 4, however indoor group exercise and dance classes are not. Accordingly, boxing - whether for children or for adults - in a group of up to 6 is not permitted in Level 3.

On behalf of the Return to Sport Expert Group, Sport Ireland has issued practical guidance for the sports and physical activity sector on individual indoor training, which is available on its website at www.sportireland.ie/covid19/individual-and-indoor-training.

Covid-19 Pandemic

Questions (205)

Louise O'Reilly

Question:

205. Deputy Louise O'Reilly asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the reason the performing arts industry has been forgotten about as Ireland regresses the level 5 public health restrictions; and the reason socially distanced children’s drama dance classes are not allowed return to operate. [41035/20]

View answer

Written answers

The Government’s medium-term Strategy Resilience and Recovery 2020-2021: Plan for Living with COVID-19, sets out Ireland's approach to managing and living with COVID-19, in a range of areas, over a period of 6 – 9 months.

The Plan aims to allow society and businesses to operate as normally as possible, while protecting our key priorities of supporting and maintaining health and social care services, keeping education and childcare services open and protecting the most vulnerable members of our communities.

Each of the Plan's five levels consists a “basket” of measures which are intended, collectively, to contribute to lowering the risk of transmission of COVID-19 in alignment with the risk level at that time. The set of measures, individually, do not comprise a list of activities or places which are equally safe, but are “baskets” of measures which are informed by public health understanding of the disease.

The number of people allowed to gather in different scenarios is based on experience and reviews of international practice and the judgment of public health experts. It seeks to balance the risks of different types of gatherings against the desire to allow normal activities to proceed in so far as possible.

Under the present level 3 of the National Framework, live performance can take place, but without a live audience and theatres remain closed to the public. Under the regulations, filming or other recording of performances in a theatre, concert hall, museum or art gallery, without an audience present is permitted for the purposes of broadcasting such performances on the internet, radio or television. Any activity under either of these provisions can proceed while adhering to the Work Safely Protocols as published by Government.

At level 3, indoor drama and dance classes, like all indoor exercise classes, remain suspended. There is, however, provision for individual and one-to-one instruction at this level which applies to sport, exercise and dance. While dance studios are closed at Level 3, they can provide facilities for use in individual dance practice or dance training.

Outdoors, events can be held for social, recreational, exercise, cultural, entertainment or community reasons with a limit of 15 people including event organisers, tutors and instructors. Reasons for such outdoor events include classes, for example exercise, dance or drama classes.

In terms of the performing arts including drama and dance it should be noted that the Arts Council is in the process of preparing guidance on individual dance practice/training which will be available shortly. In the meantime, Sport Ireland has published guidance ( www.sportireland.ie/covid19/individual-and-indoor-training) which may be used for individual dance practice or one-to-one instruction.

Education is considered an essential service and encompasses primary and post-primary schools, and higher and further education where remote learning is not possible. Some drama, music and dance lessons may take place where they are required to comply with the national curriculum for primary and post-primary education. For these classes, schools are required to ensure that infection prevention control measures are in place in line with the School’s COVID-19 response plan and public health advice to limit the risk of spread of infection.

Data Protection

Questions (206)

Alan Kelly

Question:

206. Deputy Alan Kelly asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which her Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if she will make a statement on the matter. [40820/20]

View answer

Written answers

I am advised that my Department has not been the subject of any investigation by the Data Protection Commission during the period specified by the Deputy.

Covid-19 Pandemic

Questions (207)

Brendan Griffin

Question:

207. Deputy Brendan Griffin asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media her views on a matter (details supplied) regarding the cancellation of the basketball season; and if she will make a statement on the matter. [40990/20]

View answer

Written answers

The Framework for Restrictive Measures is a risk management strategy designed to allow individuals, families, businesses and services better understand, anticipate and prepare for the measures Government might introduce to stop escalation of the transmission of COVID-19. The Government’s strategy, in line with the public health advice, is disease suppression. COVID-19 spreads when individuals and groups come into close contact with one another, enabling the virus to move from one person to another. The risk of infection spread is greater in certain environments than others e.g. uncontrolled environments, crowded and noisy places, indoor environments, and poorly ventilated spaces.

In Levels, 3, 4 and 5 of the Government's Resilience and Recovery Plan, sporting competitions and events - indoors or outdoors - are not permitted except for defined exempted athletes and teams, as set out in the public health regulations. Individual training indoors is permitted in Level 3 and Level 4, however indoor exercise and dance classes are not.

I recognise that there is great disappointment among those who wish to engage in sport. There has been, and will continue to be, a regular, ongoing engagement with the sports sector, including with the National Governing Body for basketball. In addition to direct engagement with Sport Ireland, the statutory agency for the development of sport in Ireland, sporting organisations have also contributed to regular meetings of the Sports Monitoring Group, which is chaired at Ministerial level. I can assure the Deputy that this engagement will continue and will inform future Government decisions on restrictions on sport and exercise activities.

Social and Affordable Housing

Questions (208)

Sorca Clarke

Question:

208. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage if the current review of income eligibility for social housing supports as per his email of 16 November 2020 includes a review of the situation in which a low-income family apply for working family payment, same is taken into consideration for social housing supports, often putting the family over the income limit. [40798/20]

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Written answers

Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Pension-Related Deductions within the meaning of Financial Emergency Measures in the Public Interest Act 2009. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature. However, with the exception of the specific payments listed in the Household Means Policy as being disregarded, all income from social insurance and social assistance payments, allowances and benefits, including Family Income Supplement (now known as Working Family Payment or WFP), is assessable.The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10%; and 2.5% for each child, subject to a maximum allowance under this category of 10%.The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced at that time also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing.Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. The review will also have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.

Covid-19 Pandemic Supports

Questions (209)

Sorca Clarke

Question:

209. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage the funding excluding commercial rates waiver funding that will be provided to each local authority to make up the loss of revenue and the additional costs associated with the Covid-19 pandemic in tabular form. [40800/20]

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Written answers

My Department has engaged extensively with representatives of the local government sector and the Department of Public Expenditure and Reform over recent months concerning the financial challenges facing local authorities as a consequence of the pandemic.

€600m was allocated by Government to fund the cost of a six-month waiver of rates from 27 March to 27 September 2020, which took the form of a credit in lieu of rates. To strengthen this support, the Government subsequently announced an extension of the waiver until 27 December 2020, at an additional cost of €300m. This brings to €900m the financial support to fund the cost of a waiver of commercial rates, which is an unprecedented measure that offers support to both businesses and local authorities.

It is recognised that additional costs are being incurred by local authorities in relation to Covid-19. Local authorities have been advised to capture all related costs in their financial systems to aid financial analysis of the impact of Covid-19 on the local government sector. The Minister for Public Expenditure and Reform has also sanctioned the distribution of any unused funds from the overall rates waiver allocation to the sector to help meet the costs associated with the response to the pandemic and to help minimise the impact of reductions in other local authority income streams. This process will be not be complete until early 2021.

As has been the case since the outset of the Covid-19 pandemic, my Department will continue to engage regularly and constructively with the local government sector and with individual local authorities on the financial impacts of the pandemic and other matters arising. Finally, I am pleased to note that every local authority in the country has now adopted their 2021 revenue budget.

Social and Affordable Housing

Questions (210)

Sorca Clarke

Question:

210. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage the reason a person (details supplied) is being informed by Meath County Council that medical reports from their general practitioner is not sufficient; and the medical qualifications of the housing officers in Meath County Council in addition to the relevant professional medical practice experience to be qualified to make this decision. [40801/20]

View answer

Written answers

Oversight and management of housing waiting lists is a matter for the relevant local authority in accordance with the Housing (Miscellaneous Provisions) Act 2009, and associated regulations. Specifically, section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions.

Section 22 of the Housing (Miscellaneous Provisions) Act 2009, requires all local authorities, as a reserved function, to make an allocation scheme determining the order of priority to be accorded in the allocation of dwellings to households qualified for social housing support, the allocation of which would, in the opinion of the authority, meet the accommodation needs and requirements of the households.

Decisions on the qualification of specific persons for social housing support and the allocation of that support are matters solely for the local authority concerned. As Minister, I am precluded by law from becoming involved in individual cases.

Data Protection

Questions (211)

Alan Kelly

Question:

211. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if his Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which his Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if he will make a statement on the matter. [40814/20]

View answer

Written answers

My Department has not been the subject of any investigation by the Data Protection Commission during the period in question.

Building Regulations

Questions (212)

Denise Mitchell

Question:

212. Deputy Denise Mitchell asked the Minister for Housing, Local Government and Heritage when the Safe as Houses report will be implemented in full; and if he will make a statement on the matter. [40884/20]

View answer

Written answers

The Programme for Government sets out a number of commitments in respect of the important policy area of building defects and provides for an examination of defective housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing report, "Safe as Houses".

In this regard, my Department is actively engaging with key stakeholders and I have had several meetings with stakeholder representative groups on this matter over recent months. My Department is currently working to establish the structures to examine the issue of defective housing, this will include apartment buildings, in line with the commitment in the programme for government.

In addition, I believe that the ongoing building control reform agenda, with its many initiatives, already provides a comprehensive roadmap for embedding a culture of real compliance within the construction industry. The reform agenda includes:

- Amendments made to the Building Control Regulations;

- Establishment of a shared services National Building Control Management Project; and

- The ongoing development of new legislation through the Building Control (Construction Industry Register Ireland) Bill.

I acknowledge the very stressful circumstances which the owners and residents of buildings face when defects occur in their homes, however, in general, building defects are matters for resolution between the contracting parties involved, the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme.

Under the Building Control Acts 1990 to 2014 primary responsibility for compliance of works with the requirements of the Building Regulations, rests with the owners, designers and builders of buildings.

Enforcement of the Building Regulations is a matter for the 31 local building control authorities which have extensive powers of inspection and enforcement under statute.

Heritage Promotion

Questions (213, 214)

Aengus Ó Snodaigh

Question:

213. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage the heritage grants for restoration projects across the State which have been agreed in 2020; the details of the projects; and the grant amount in each case. [40956/20]

View answer

Aengus Ó Snodaigh

Question:

214. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage the current heritage historic building restoration projects which local authorities have submitted to his Department seeking funding for; the stage of assessment of each; and if he will make a statement on the matter. [40957/20]

View answer

Written answers

I propose to take Questions Nos. 213 and 214 together.

My Department provides financial support for the protection of heritage buildings and historic structures through two grant schemes which are, in the main, administered by the local authorities. These are the Built Heritage Investment Scheme (BHIS) and the Historic Structures Fund (HSF). This year I also introduced the Community Monuments Fund (CMF) for conservation and other works at our national monuments.

The BHIS is a scheme for the repair and conservation of structures on the local authority Record of Protected Structures. It is designed to leverage private capital for investment in small scale conservation projects across the country and to support the employment of skilled conservation professionals. The HSF is for conservation and enhancement to heritage structures and historic buildings, in both private and public ownership, for the benefit of communities and the public.

This year 450 heritage projects across every county in the country have benefited from a combined sum of over €4.3m under BHIS and HSF. An extra €1m in funding was secured for built heritage projects under the July Jobs Stimulus Package 2020, which aims to offset some of the effects of Covid-19. This funding supplements 28 BHIS and HSF projects and supported 12 new ones, in addition to capital works by the Heritage Council and the Irish Heritage Trust.

I recently launched the BHIS and HSF for 2021, with a combined allocation of €6m, an increase of nearly 40%. Full details are available on my Department’s website and on the website of each local authority and the deadline for applications is 29 January 2021.

A further €1 million in funding was approved nationally for the Historic Towns Initiative 2020, which is a joint initiative of my Department and the Heritage Council. The Historic Towns Initiative is a dedicated programme for the heritage-led regeneration of historic towns. In total €1.3m has been awarded in 2020 for heritage led regeneration in the following towns. This includes €300k allocated under the July Jobs Stimulus scheme.

- Tralee, Co. Kerry

- Ramelton, Co. Donegal

- Ballina, Co. Mayo

- Roscommon, Co. Roscommon

- Sligo, Co. Sligo

- Clones, Co. Monaghan

- Callan, Co. Kilkenny

Details of the Historic Towns Initiative 2021 will be announced shortly.

The Heritage Council also has a role in allocating funding to heritage sites across the country through its own grant schemes. It is primarily a matter for the Heritage Council to decide how this funding should be allocated across the range of research, education and conservation programmes it supports annually, having regard to competing priorities for limited resources. Grant schemes for 2020 are advertised by the Heritage Council on its website www.heritagecouncil.ie.

My Department also announced a call for projects in September under a new fund, the Community Monuments Fund (CMF) for investment in our archaeological heritage, which is being funded under a special provision of €1.4 million under the July Jobs Stimulus Package. The CMF is prioritised for local authorities, private owners and custodians, and community groups for the care, maintenance, protection and promotion of local monuments and historic sites and the provision of any required measures to ensure safe access during the Covid-19 pandemic. A total of 69 CMF projects nationally are being supported this year. I hope shortly to announce a continuance of the scheme for 2021.

Details of all projects approved for funding under the schemes outlined above can be found in the appended tables.

Projects approved for funding

Data Protection

Questions (215)

Alan Kelly

Question:

215. Deputy Alan Kelly asked the Minister for Foreign Affairs if his Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which his Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if he will make a statement on the matter. [40811/20]

View answer

Written answers

My Department has not been subject to investigation by the Data Protection Commission (DPC) as provided for under Section 137 of the Data Protection Act 2018 for the purposes of an inquiry under Section 110(1) of the Act. As regards the investigation of any individual complaints, my Department engages with the DPC under Section 109 of the Data Protection Act 2018 and previously under Section 10 of the Data Protection Acts 1988 and 2003.

My Department is fully committed to its responsibilities as a Data Controller under the GDPR and the Data Protection Act 2018. It is always open to guidance and advice from the Data Protection Commission in order to ensure full compliance with these responsibilities and obligations.

Foreign Policy

Questions (216)

Thomas Pringle

Question:

216. Deputy Thomas Pringle asked the Minister for Foreign Affairs his Department’s assessment of a report (details supplied); and if he will make a statement on the matter. [40852/20]

View answer

Written answers

In relation to the case raised by the Deputy, I am aware of reports about it. I condemn in the strongest terms any attempts or threats to commit violence or acts of terrorism. However, as the situation is subject to an ongoing criminal investigation in another jurisdiction, it would be inappropriate for me to comment any further on the matter.

Human Rights

Questions (217)

Bríd Smith

Question:

217. Deputy Bríd Smith asked the Minister for Foreign Affairs the position regarding the response to police brutality in Nigeria and the recent shooting of peaceful protesters there and the operations of the so called SARS section of the police; his plans to speak to embassy officials here to convey the opposition of the Government to recent events; if he will raise the abuse of human rights in Nigeria with his European counterparts at the first opportunity; and if he will make a statement on the matter. [40968/20]

View answer

Written answers

Ireland is strongly committed to the promotion and protection of human rights, including the right to peaceful demonstration.

The #EndSARS protests in Nigeria, which took place in a number of cities including Abuja and Lagos, were in reaction to allegations of excessive use of force and other abuses committed by a unit of the Nigerian police, the Special Anti-Robbery Squad (SARS) police unit. While the protests were largely peaceful, there were credible allegations of the use of excessive force against protesters.

Of particular concern were reports that armed personnel in military-style attire fired live rounds towards a group of protesters in the Lekki area of Lagos on 20 October, causing numerous casualties. The Nigerian army has denied using live ammunition against civilians. An investigation of these events is currently ongoing in Nigeria.

Nigerian President Muhammadu Buhari announced on 12 October that the SARS police unit would be disbanded, which had been one of the main requests made by protesters. In an address to the nation on 22 October, President Buhari set out a number of steps his Government intends to take, including: the establishment of State Judicial Panels of inquiry; the establishment of human rights complaint mechanisms; and the establishment of a fund for the compensation of victims. Work has begun on these potentially significant measures, which have helped calm the situation.

The Nigerian National Human Rights Commission (NHRC) has formed an Independent Investigative Panel to investigate allegations of abuse against the now-disbanded SARS police unit. Work by the Panel, which includes civil society and youth representatives, is currently ongoing.

Ireland, together with the European Union, believes that it is essential that the allegations of violence against the #EndSARs protesters are investigated and that those responsible are brought to justice. In response to the reports of violence against protesters in Nigeria, the EU High Representative Vice President, Josep Borrell, swiftly issued a statement on behalf of the EU condemning the violence and calling for the allegations to be thoroughly investigated and that those responsible be held to account.

Ireland has also engaged in discussions regarding the situation in Nigeria among EU partners in Brussels. On the 18 November a Nigeria-EU Ministerial Dialogue was held that addressed the #EndSARs protests at the highest level. Through this Dialogue, the EU expressed its concern and condolences for the casualties and stressed the importance of bringing perpetrators of violence to justice. In a Joint Statement to the Dialogue, both the EU and Nigeria acknowledged the importance of delivering on genuine reforms, including of the police, through a process characterised by engagement of all stakeholders, local ownership, transparency and accountability.

That meeting acknowledged the efforts of the Nigerian Government in addressing the #EndSARS movement demands, including the setting up of independent bodies to investigate complaints of police brutality or related extra-judicial killings, with a view to delivering justice for all victims of the dissolved SARS and other police units.

The Embassy of Ireland in Abuja continues to monitor developments actively on the ground and, working closely with our EU partners, to engage with the Nigerian authorities.

Rights of People with Disabilities

Questions (218)

Catherine Murphy

Question:

218. Deputy Catherine Murphy asked the Minister for Foreign Affairs if he plans to participate in a United Nations election to fill vacancies on the disability committee (details supplied); and if he will make a statement on the matter. [40980/20]

View answer

Written answers

The Department of Foreign Affairs is fully committed to addressing the needs and rights of people living with disabilities. This commitment is reflected in actions across our development cooperation programme, as well as in our broader engagement with the EU, UN and other international bodies.

Ireland formally ratified the Convention on the Rights of Persons with Disabilities (UNCRPD) in March 2018. The Convention seeks to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

The Committee on the Rights of Persons with Disabilities (CRPD) is composed of 18 members and elections are held by secret ballot every two years to appoint nine members for a four year term.

I have previously confirmed that Ireland’s vote will take particular account of the following criteria: the need to achieve an improved gender balance; the need for equitable representation from the various geographic regions, including low and middle income countries; and, finally, the need to ensure that the Committee includes members who bring expertise and preferably their own “living experience” across diverse areas of disability.

I am particularly pleased to note that five of the eight candidates elected on 30 November 2020 are women and also to note strong representation from low and middle income countries, with the successful candidates nominated by New Zealand, Israel, Morocco, Guatemala, Panama, Kenya, Mongolia and Jamaica, and one seat still remaining to be filled in the final round of voting.

In conclusion, let me assure the Deputy that my Department will continue its efforts to promote and protect the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities.

Data Protection

Questions (219)

Alan Kelly

Question:

219. Deputy Alan Kelly asked the Minister for Defence if his Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which his Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if he will make a statement on the matter. [40806/20]

View answer

Written answers

Neither my Department nor the Defence Forces has been the subject of any specific investigations by the Data Protection Commission from 2016 to date.

My Department is committed to complying with our obligations under data protection legislation and to protecting the rights and privacy of data subjects.

Data Protection

Questions (220)

Alan Kelly

Question:

220. Deputy Alan Kelly asked the Minister for Education if her Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which her Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if she will make a statement on the matter. [40807/20]

View answer

Written answers

My Department has not been the subject of a statutory investigation by the Data Protection Commission (DPC) initiated since 2016. There was one statutory investigation concluded in 2019, but this was initiated by the Data Protection Commissioner in 2015 in relation to the introduction of the Pupil Online Database (POD). The recommendations arising have been implemented.

I am aware that there is an investigation by the DPC relating to SUSI, which was a joint data controller with my Department. SUSI was under the aegis of my Department at the time of the initiation of the investigation but has now transferred to the remit of my colleague, the Minister for Further and Higher Education, Research, Innovation and Science.

State Examinations

Questions (221)

Aodhán Ó Ríordáin

Question:

221. Deputy Aodhán Ó Ríordáin asked the Minister for Education if her attention has been drawn to the difficulties facing students such as the case of a student (details supplied) who wishes to repeat the leaving certificate year; the direction her Department is giving regarding applications to secondary schools regarding requests to facilitate repeating a leaving certificate school; the number of students that have been facilitated to enrol in schools to repeat sixth year for the past five years; the number being facilitated in 2020; and if she will make a statement on the matter. [40829/20]

View answer

Written answers

Department Circular M02/95 sets out the position for those students who wish to repeat a year at post primary level. Schools have discretion to accept applications form students who wish to repeat a school year.

Schools have been advised to positively consider requests from those students seeking to repeat their final year for the purposes of repeating their Leaving Certificate in the context of COVID-19.

Schools in making such decisions will have to factor in local circumstances such physical space, classroom layout, timetables and numbers of such request received by the school.

The school in the case referred to by the Deputy has confirmed that while they are unable to physically accommodate the student, they are happy to assist the student in his learning and course and project work, including engagement with individual teachers as he works towards repeating his examinations.

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