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Tuesday, 8 Dec 2020

Written Answers Nos. 521-542

Garda Youth Diversion Projects

Questions (521)

Catherine Murphy

Question:

521. Deputy Catherine Murphy asked the Minister for Justice the number of children who have been referred to the Garda youth diversion programme in each division by year since 2013 to date in 2020, in tabular form. [41801/20]

View answer

Written answers

As the Deputy will be aware, Garda Youth Diversion Projects (GYDPs) are a fundamental support to the operation of the statutory Garda Diversion Programme and provide a vital ingredient in enhancing community policing partnerships. The projects are community based multi-agency crime prevention initiatives, which are funded directly by my Department.

GYDPs seek to divert young people who have become involved, or are at risk of becoming involved, in crime/anti-social behaviour away from future involvement with the Criminal Justice System. They are primarily targeted at 12-17 year old young people in communities where a specific need for the service has been identified. On average, the Garda Youth Diversion Projects engage with between 3,500 and 4,000 young people across the state in any one year. 

Currently there are some 105 Garda Youth Diversion Projects. The intention is to further develop the service so that it is available to every child in the State who could benefit from it, through an ongoing expansion of existing services and where necessary the foundation of new projects.

Further, the projects are being developed to provide family support to the parents of young people participating in the projects and are undertaking early intervention and preventative work. The role of the projects in relation to harder-to-engage young people is being enhanced and extended as part of the evolving Youth Justice system.  

My Department is supporting ongoing development of practice in GYDPs through the Action Research Project led by the University of Limerick. The Action Research Project works directly with front-line Youth Justice Workers from local projects to develop interventions and best practice. Based on initial outcomes from the Action Research Project and evaluations of a number of pilot projects, it is intended to develop proposals to expand the existing services, to ensure national coverage and a stronger focus on difficult issues such as the hard-to-reach cohort.

With regard to broader issues of youth justice, these are addressed in the draft Youth Justice Strategy 2020-2026. It is intended to shortly bring a final Strategy to Government. 

The information sought by the Deputy is published in the annual reports of the Committee to Monitor the Effectiveness of the Garda Diversion Programme, which is established under section 44 of the Children Act 2001.  The Annual Reports for the years 2012 to 2017 are published by my Department and are available at the following link  http://www.iyjs.ie/en/iyjs/pages/publications. 

The Annual Report for 2018 and 2019 will be published shortly, after they have been laid before the Houses of the Oireachtas.

In order to be of assistance to the Deputy the table below details the numbers of youth justice related incidents referred to the GYDP and the number of children referred to the programme for the years requested.  It should be noted that the figures provided for 2018 and 2019 are provisional.   

 -

2013

2014

2015

2016

2017

2018

2019

Total No. of incidents referred

20536

19854

19513

17615

20,006

16491

18,567

Total No. of Children Referred

10420

9991

9807

9451

10,607

8561

9,842

Garda Data

Questions (522)

Catherine Murphy

Question:

522. Deputy Catherine Murphy asked the Minister for Justice the number of Garda juvenile liaison officers in each division by year since 2013 to date in 2020, in tabular form. [41802/20]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible, by law, for the deployment of personnel and I, as Minister, have no direct role in the matter.  Garda management keeps this deployment under review in the context of crime trends and policing priorities to ensure optimum use is made of available resources.

I am advised by the Commissioner that Garda Juvenile Liaison Officers (JLOs) are specially trained to fulfil a key role in implementing the Garda Diversion Programme.  Their role includes the administration of formal and informal cautions as well as appropriate supervision of children who have been admitted to the Diversion Programme, as provided in Part 4 of the Children Act 2001.

For the Deputy's information, the table provided in the attachment to this response was supplied by the Commissioner and sets out the number of JLOs assigned by Division as at 31 December for each year from 2013 to 2019 and as at 31 October 2020.

The Deputy will be aware that, as of 16 March 2020, a contingency roster was introduced into An Garda Síochána because of the COVID-19 pandemic.  I am informed by the Garda authorities that with the introduction of the contingency roster, Community Policing and JLO members have been allocated to regular units on a temporary basis to aid frontline policing during the pandemic.  It should be noted that Community Policing duties were and are being conducted by members attached to the regular units.  I am informed that these members will be returned to Community Policing and JLO duties in the near future and that while this contingency roster is in effect, JLOs are still performing their JLO duties.

General information on the Garda workforce is available on my Department's website at the following link http://justice.ie/en/JELR/Pages/Garda_Workforce   

JLO Members

Garda Youth Diversion Projects

Questions (523)

Catherine Murphy

Question:

523. Deputy Catherine Murphy asked the Minister for Justice the number of Garda youth diversion projects in each division by year since 2013 to date in 2020, in tabular form. [41803/20]

View answer

Written answers

As the Deputy will be aware, Garda Youth Diversion Projects (GYDPs) are a fundamental support to the operation of the statutory Garda Diversion Programme and provide a vital ingredient in enhancing community policing partnerships. The projects are community based multi-agency crime prevention initiatives, which are funded directly by my Department.

GYDPs seek to divert young people who have become involved, or are at risk of becoming involved, in crime/anti-social behaviour away from future involvement with the Criminal Justice System. They are primarily targeted at 12-17 year old young people in communities where a specific need for the service has been identified. On average, the Garda Youth Diversion Projects engage with between 3,500 and 4,000 young people across the state in any one year. 

Currently there are some 105 Garda Youth Diversion Projects. The intention is to further develop the service so that it is available to every child in the State who could benefit from it, through an ongoing expansion of existing services and where necessary the foundation of new projects.

Further, the projects are being developed to provide family support to the parents of young people participating in the projects and are undertaking early intervention and preventative work. The role of the projects in relation to harder-to-engage young people is being enhanced and extended as part of the evolving Youth Justice system.  

My Department is supporting ongoing development of practice in GYDPs through the Action Research Project led by the University of Limerick. The Action Research Project works directly with front-line Youth Justice Workers from local projects to develop interventions and best practice. Based on initial outcomes from the Action Research Project and evaluations of a number of pilot projects, it is intended to develop proposals to expand the existing services, to ensure national coverage and a stronger focus on difficult issues such as the hard-to-reach cohort.

These issues are addressed in the draft Youth Justice Strategy 2020-2026, which is due to be published in the coming weeks.

The number of Garda youth diversion projects in each division by year since 2013 to date in 2020, is shown in the table below.

Garda   Division

2013

2014

2015

2016

2017

2018

2019

2020

CARLOW/KILKENNY

2

2

2

2

2

2

2

2

CAVAN/MONAGHAN

2

2

2

2

2

2

2

2

CLARE

2

2

2

2

2

2

2

2

CORK CITY

7

7

7

8

8

8

8

8

CORK NORTH

3

3

3

3

3

3

3

3

CORK WEST

1

1

1

1

1

1

1

1

DMR EAST

3

3

3

3

3

3

3

3

DMR NORTH

4

4

4

7

7

7

7

7

DMR NORTH CENTRAL

5

5

5

4

4

4

3

3

DMR SOUTH

8

8

8

8

8

8

8

8

DMR SOUTH CENTRAL

2

2

2

3

3

3

3

3

DMR WEST

10

10

10

11

11

11

12

12

DONEGAL

2

2

2

2

2

2

2

2

GALWAY

4

4

4

4

4

4

4

4

KERRY

6

6

1

1

1

1

1

1

KILDARE

2

2

2

4

4

4

4

4

LAOIS/OFFALY

5

5

5

5

5

5

5

5

LIMERICK

6

6

6

7

7

7

7

7

LOUTH

4

4

4

4

4

4

4

4

MAYO

2

2

2

2

2

2

2

2

MEATH

2

2

2

2

2

2

2

2

ROSCOMMON/LONGFORD

2

2

2

2

2

2

2

2

SLIGO/LEITRIM

1

1

1

1

1

1

1

1

TIPPERARY

4

4

4

5

5

5

5

5

WATERFORD

5

5

5

5

5

5

5

5

WESTMEATH

2

2

2

2

2

2

2

2

WEXFORD

3

3

3

3

3

3

3

3

WICKLOW

2

2

2

2

2

2

2

2

 Total  

101

101

96

105

105

105

105

105

Visa Applications

Questions (524)

Duncan Smith

Question:

524. Deputy Duncan Smith asked the Minister for Justice if a visa will be granted for a person (details supplied) to come to Ireland to continue their education. [41808/20]

View answer

Written answers

The Long Stay Join Family Visa application for the person referred to by the Deputy was created by the applicant on 21 September 2020. The supporting documentation was received by the Abuja Visa Office on 12 October 2020 and is currently being processed there. 

To be fair to all applicants, visa applications are dealt with in chronological order by date of receipt within the particular category. Applications will not be normally be processed ahead of others in the queue unless there are extremely urgent reasons requiring immediate travel.

In accordance with the Immigration Service's Policy Document on Non-EEA Family Reunification, processing of family reunification visa applications for family members of non EEA-nationals may take up to 12 months to determine from the date they are received in the relevant Visa Office. The Visa Office endeavours to have applications of this nature processed earlier than this, however, this is not always possible. Applicants are advised not to pay for airline or other travel tickets without having first been issued with a visa.

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 email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Proposed Legislation

Questions (525)

Peter Fitzpatrick

Question:

525. Deputy Peter Fitzpatrick asked the Minister for Justice when she plans to publish the personal insolvency (amendment) (No. 1) Bill; and if she will make a statement on the matter. [41887/20]

View answer

Written answers

I hope to obtain Government approval to publish the Personal Insolvency (Amendment) Bill 2020 before Christmas.

This short but urgent Bill makes a number of procedural and other changes to the Personal Insolvency Acts 2012 to 2015 that are needed, in the context of the current pandemic, to ensure that homeowners and other people who are in financial difficulties due to the economic impact of COVID-19 can access the protection afforded by the Personal Insolvency Acts, if they are struggling to pay what they owe.

This is the first delivery on the Programme for Government commitment to introduce necessary reforms to our personal insolvency legislation.  A second, wider Personal Insolvency Bill is also being prepared, for publication in 2021. This will implement further important changes arising from the statutory review of the Personal Insolvency Acts, including making the process more streamlined and effective.

Road Traffic Offences

Questions (526)

Catherine Murphy

Question:

526. Deputy Catherine Murphy asked the Minister for Justice the number of learner drivers detected driving while unaccompanied under the Clancy amendment law since 22 December 2018; the number who had their vehicles seized for driving unaccompanied; the number who were issued with a fixed charge notice for driving unaccompanied; and if she will make a statement on the matter. [41914/20]

View answer

Written answers

The Deputy will appreciate that the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána.  I, as Minister, have no direct role in the matter.

I have requested information from the Garda Commissioner in relation to this question in light of the information I previously provided to the Deputy in response to Dáil Question No 145 on 18 November 2020.  I will write to the Deputy directly with the information sought, when it is available.

The following deferred reply was received under Standing Order 51.
SUBSTANTIVE ANSWER:
I refer to Parliamentary Question No. 526 which was for answer on the 8 December 2020, in which you asked for the number of learner drivers detected driving while unaccompanied under the Clancy amendment law since 22 December 2018; the number that had their vehicles seized for driving unaccompanied; and the number that were issued with a fixed charge notice for driving unaccompanied.
As you may recall, the information you requested could not be obtained in the time available and I undertook to contact you again when the information was to hand. The requested information has now been provided by An Garda Síochána.
As you will be aware, the Road Traffic (Amendment) Act 2018, known as the Clancy Amendment, seeks to penalise car owners who knowingly allow their vehicles to be used by an unaccompanied learner driver. The law allows the owners of these vehicles to be fined and gives Gardaí the power to seize their cars if being driven by unaccompanied drivers.
I am informed by the Garda authorities that 12,443 Fixed Charge Notices have been issued to learner drivers who were unaccompanied by a qualified driver between 22 December 2018 and 13 December 2020 inclusive.
I am further informed that there was 5,734 incidents in which drivers have had their vehicles seized under the Clancy Amendment for driving unaccompanied by a qualified driver between 22 December 2018 and 13 December 2020 inclusive.
All information contained in this report is based upon operational data from the PULSE and FCPS systems as was available on 14 December 2020 and is liable to change.
I trust this information is of assistance.

International Protection

Questions (527)

Robert Troy

Question:

527. Deputy Robert Troy asked the Minister for Justice if she will issue a ministerial decision on the subsidiary protection application of a person (details supplied). [41930/20]

View answer

Written answers

For reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for asylum or subsidiary protection has been made in the State.

An applicant for international protection is awarded international protection, whether refugee status or subsidiary protection status, upon a declaration of status being issued from my Department. This is done on foot of a grant recommendation from the IPO or a decision of the IPAT to set aside a refusal recommendation of the IPO.

My Department processes the recommendations received from the IPO and the decisions of the IPAT in chronological order based on the date the file is received in that Unit. Once the necessary due diligence has been carried out by the Ministerial Decisions Unit (MDU), a declaration of status will issue as soon as possible. 

An applicant for such protection status, or their legal representative, should contact the MDU which operates an email service for responding to queries at: mduinfo@justice.ie. The MDU will then be in a position to advise in relation to the status of any decision on an application for asylum or subsidiary protection.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Irish Naturalisation and Immigration Service

Questions (528)

Seán Crowe

Question:

528. Deputy Seán Crowe asked the Minister for Justice further to Parliamentary Question No. 595 of 1 December 2020, the additional resources that will be provided to the naturalisation service to clear the backlog in cases arising from the Covid-19 pandemic and the High Court ruling of 2019; when her Department will consider the pandemic over given the advice not to submit applications during that time; and her views on whether it is acceptable that applicants are left in the dark regarding the length of time their passport will be held, given the high importance of the document in question. [42036/20]

View answer

Written answers

In general, the current target is that it should take around 12 months for a standard application for a certificate of naturalisation to be processed from the date it is received to the date a decision is made. However, for a broad range of reasons, some cases will take longer than others to process.  In some instances, completing the necessary checks, including security checks can take a considerable period of time with the result in some applications taking longer than the average timescale.

At the end of October there were 23,187 applications being processed at various stages within the system, ranging from those just received by the Citizenship Division to those where a decision has been made but it is not possible to issue an invitation to a ceremony.

It is very likely that a significant proportion of these applications would have progressed to completion during 2020 if it had been possible for citizenship ceremonies to go ahead.  It should be noted that the Citizenship Division did not suspend the receipt or processing of applications at any stage during COVID-19 restrictions, although processing rates have been negatively impacted by health and safety related restrictions.

The breakdown of applications by length of time open is as follows:

Length of time open

No. of applications

< 6 months

                   4,625

6 -12 months

                   5,304

12 - 18 months

                   4,677

18 - 24 months

                   3,202

> 24 months

                   5,379

Total

                 23,187

Processing timescales can be impacted by incomplete applications having to be returned; further documentation being required from the applicant; where the payment of the required certificate fee is awaited; or if the applicant has not been engaging with the Immigration Service of my Department. In some instances, the input of several government agencies, both within and outside the jurisdiction is needed and the request and receipt of information from these sources can result in delays in processing some applications. Issues can also arise at the final stage of the naturalisation process, for example, where additional information comes to light which is required to be considered before a final decision is taken.   

Additionally a number of issues have impacted on the processing of citizenship applications over the past 12 months.  A High Court case which was subsequently successfully appealed to the Court of Appeal resulted in significant delays last year. This has been compounded by the COVID-19 restrictions which have impacted the delivery of normal services to date this year. The combined impact of the Jones judgement and the COVID-19 disruption has resulted in the loss of over six months processing time.  As a result, the processing timeline for standard applications has increased to 12 months.

I recently announced that citizenship ceremonies will be temporarily replaced,  while COVID-19 restrictions are in place,  with a requirement for citizenship applicants to sign an affidavit declaring loyalty to the State. Work is at an advanced stage in my Department on the preparation of the necessary regulations under the Irish Nationality and Citizenship Act 1956 to make provision for this. It is intended that the regulations will be finalised very early in 2021 and information on the new requirements will be posted on the Immigration Service Delivery (ISD) website at that time.

In addition, work is well advanced on the following suite of measures designed to deal with the current unprecedented level of demand:

Additional staffing is being assigned to the Citizenship Division and is expected to be in place by year’s end. Attendant to this development, restructuring of the organisational structure of the Division is currently underway to ensure optimal customer service delivery. 

The Citizenship website has been significantly revisited with a view to increasing clarity and enhancing the customer . As part of this process, a new online chat conversation application, or “Chatbot” has just been introduced called Tara. This is providing users with an instant response to frequently asked questions and will mimic real-time text or message exchange with a member of staff. 

Plans for the digitalisation of the naturalisation process are well advanced, in line with my recent announcement to significantly modernise the Justice Sector through increased digital and ICT investment. As part of this process, on-line payments have been trialled for applications from minors and the process is currently being rolled out to adult applications on a phased basis.

Citizenship Division will also be moving from a paper based transaction model currently utilised with the Garda National Vetting Bureau to a digital platform. It is anticipated that this will substantially cut application processing times once it is fully operational.

The end result of the digitisation process will be to free up additional resources to focus on enhanced customer service delivery, ensuring the integrity of the process is protected and processing applications in a timely and efficient manner,  in order to improve service to our customers.

Seirbhísí trí Ghaeilge

Questions (529)

Éamon Ó Cuív

Question:

529. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt cad iad na céimeanna atá á nglacadh aici le cinntiú go mbeidh Gaeilge ag na breithiúna ar fad a cheapfar le freastal ar na Cúirteanna Dúiche agus na Cúirteanna Cuarda sna ceantair ar fad a bhfuil Gaeltacht iontu, mar atá leagtha amach san Acht Cúirteanna Breithiúnais, 1924; agus an ndéanfaidh sí ráiteas ina thaobh. [42053/20]

View answer

Written answers

Is mian liom a chur in iúl don Teachta go bhforáiltear mar a leanas in alt 44 den Acht Cúirteanna Breithiúnais, 1924 (Uimh. 10 de 1924):

‘Sa mhéid gur féidir é agus gach ní a bhaineann leis an scéal d’áireamh, beidh ag an mBreitheamh Cuarda, a ceapfar d’aon Chuaird ina bhfuil an Ghaedhilg in úsáid ghenerálta, oiread eolais ar an nGaedhilg agus chuirfadh ar a chumas déanamh in éamais conganta o fhear teangan agus fianaise á tabhairt sa teangain sin.’

Tá foráil den tsamhail sin maidir le Breithiúna den Chúirt Dúiche in alt 71 d’Acht sin 1924, chomh maith: 

‘Sa mhéid gur féidir é agus gach ní a bhaineann leis an scéal d’áireamh, beidh ag an mBreitheamh den Chúirt Dúithche, a ceapfar do Dhúthaigh ina bhfuil líomatáiste ina bhfuil an Ghaedhilg in úsáid ghenerálta, oiread eolais ar an nGaedhilg agus chuirfadh ar a chumas déanamh in éamais conganta o fhear teangan agus fianaise á tabhairt sa teangain sin.’

Faoi alt 16(1) d’Acht na gCúirteanna agus na nOifigeach Cúirte, 1995, tá ar dhaoine ar mian leo go ndéanfaí iad a mheas chun a gceaptha chuig oifig bhreithiúnachta é sin a chur in iúl, i scríbhinn, don Bhord Comhairleach um Cheapacháin Bhreithiúna, trí fhoirm iarratais don Chúirt iomchuí a líonadh isteach. Tá ‘Scileanna Teanga’ mar cheannteideal ar Roinn 5 den fhoirm sin. Cuireann gach iarratasóir in iúl, ar dtús, ‘An féidir leat cás a stiúradh i nGaeilge?’ agus, ina dhiaidh sin, ‘An féidir leat fianaise a thugtar i nGaeilge a thuiscint?’

Nuair a bhíonn folúntas in oifig bhreithiúnachta, nó sula dtagann folúntas den chineál sin chun cinn, is amhlaidh go n-iarraimse, mar Aire, ar an mBord Comhairleach um Cheapacháin Bhreithiúna ainmneacha na ndaoine go léir a chuir in iúl don Bhord gur mhian leo go ndéanfaí iad a mheas lena gceapadh chun na hoifige breithiúnachta sin a chur isteach, agus cuireann an Bord ainmneacha daoine ar aghaidh a molann siad lena gceapadh. 

Ar bhaill an Bhoird Chomhairligh um Cheapacháin Bhreithiúna tá Uachtarán na Cúirte Cuarda agus Uachtarán na Cúirte Dúiche araon. Chuaigh mo Roinnse i gcumarsáid le hOifigí na beirte Uachtarán sin, faoi seach, i mí Iúil i mbliana, i ndáil le sannadh Breithiúna do Chuarda ina bhfuil ceantair ina bhfuil an Ghaeilge in úsáid ghinearálta agus do Dhuichí ina bhfuil líomatáistí ina bhfuil an Ghaeilge in úsáid ghinearálta, faoi seach.

Tá reachtaíocht á hullmhú agam i láthair na huaire chun an córas um cheapacháin bhreithiúna a athchóiriú. Foráilfear leis an reachtaíocht sin go mbeidh ar na cuspóirí a dtabharfar aird orthu, agus daoine á roghnú agus á moladh lena gceapadh chuig oifig bhreithiúnachta, gur ceart daoine le hinniúlacht sa Ghaeilge a bheith ar áireamh i gcomhaltas na mbreithiúna.

Irish Naturalisation and Immigration Service

Questions (530)

Jim O'Callaghan

Question:

530. Deputy Jim O'Callaghan asked the Minister for Justice the steps that need to be taken by an American citizen resident in Ireland who wishes to change their surname to the name of their Irish grandparent; and if she will make a statement on the matter. [42077/20]

View answer

Written answers

Under Section 9 of the Aliens Act, 1935 a person who wishes to assume a name other than that by which he or she was ordinarily known prior to reaching the age of majority is required to obtain a change of name licence from my Department to do so.  In order for this name change to take legal effect a deed poll would also need to be executed.

Applicants wishing to apply for a change of name licence are required to submit a written request for a Change of Name Licence application form to the Change of Name Licence Section, Unit 3 - Domestic Residence and Permissions Division, Immigration Service Delivery, Department of Justice, 13-14 Burgh Quay, Dublin 2, D02 XK70.  

Detailed information is available on the Immigration Service website at: http://www.inis.gov.ie/en/INIS/Pages/WP07000033

Departmental Staff

Questions (531)

Gary Gannon

Question:

531. Deputy Gary Gannon asked the Minister for Justice the percentage or number of staff working with a disability within her Department and the agencies under her aegis in 2018, 2019 and 2020; and the actions being undertaken by her Department to actively recruit and retain persons with disabilities. [42148/20]

View answer

Written answers

As the Deputy may be aware, Part 5 of the Disability Act 2005 provides for a statutory report on the employment of people with disabilities in the public sector. This report is compiled by the Department of Public Expenditure and Reform, from information provided by all public bodies staffed by civil servants, and gives details of the number of people with a disability employed in the Civil Service. This report is submitted to the National Disability Authority (NDA).

I wish to inform the Deputy that my Department’s 2018 report indicated that 146 out of 2488 employees, or 5.9%, reported having a disability. The 2019 report indicated that 144 out of 2676 employees, or 5.4%, reported having a disability. This exceeds the current 3% target of employment of persons with disabilities set in the Disability Act 2005. Officials in my Department are currently preparing the 2020 return.

Considerable work is undertaken within my Department to retain staff with disabilities and to improve the quality of their experience within the work environment. Efforts across a range of areas such as role adjustments, redeployment in some cases, additional and specific training, physical work space adjustments and use of assistive technologies have enabled staff within my Department who have a disability to perform effectively in their role and make a meaningful contribution to the work of the organisation.

My Department follows the Civil Service Code of Practice on the employment of people with disabilities. My Department’s Disability Liaison Officer (DLO) is available to assist and support staff with disabilities, in confidence, and their line managers by providing information, guidance, and support, as well as assisting in the provision of reasonable accommodations. My Department will roll out Disability and Autism Awareness training to all staff next year in line with the National Disability Inclusion Strategy 2017-2121.  

At induction, new entrants are advised in relation to the role of the DLO and how the Department works to facilitate staff with disabilities. If additional training is required to facilitate an individual to meet the job requirements, the Corporate Learning Unit will source the training. My Department has purchased additional assistive technologies, which allow greater access to training and courses conducted within the organisation. All invitations to attend courses specifically ask participants to identify any special requirements.

The Deputy may also wish to note that my Department takes part in the Willing Able Mentoring (WAM) programme every year. WAM is an initiative of the Association for Higher Education Access and Disability (AHEAD), which offers a six-month paid mentored work experience placement to graduates with disabilities. My Department also participates in the Job Shadow Day initiative, which brings people with disabilities and local employers together for one day in the workplace.

With regard to the Deputy's question regarding the number or percentage of staff in my Department, this information is provided in tabular format below.

-

2018

2019

2020

Department of Justice

5.9%

5.4%

N/a*

An Garda Síochána**

3%

3%

3%

Courts  Service

3.2%

3.2%

3.3%

Judicial Council

0

0

0

Legal Services Regulatory Authority

0

3.7%

2.6%

Legal Aid Board

18 staff

7 staff

12 staff

* Currently preparing the 2020 return  

** This figure is an estimation from returns of the Staff Census form, which all Garda Staff employees are furnished with when they are commencing employment within An Garda Siochána. However, not all forms are returned. As it is at the staff members’ discretion if they choose to disclose a disability, the percentage may be higher, but the organisation has not been informed.

Please note that the "Department of Justice" figures shown in the table above include the following agencies/offices:

- Garda Inspectorate

- Insolvency Service of Ireland

- International Protection Appeals Tribunal

- International Protection Office

- Irish Film Classification Office

- Irish Prison Service

- Office of the Data Protection Commissioner

- Office of the Inspector of Prisons

- Office of the State Pathologist

- Parole Board

- Private Security Authority

- Probation Service

- Property Services Regulatory Authority.

Covid-19 Pandemic

Questions (532)

Richard Boyd Barrett

Question:

532. Deputy Richard Boyd Barrett asked the Minister for Justice if it will be ensured that all the requirements of the work safely protocol issued 20 November 2020 are implemented, with particular reference to the contents of section D3 (details supplied), in her Department; and if she will make a statement on the matter. [42606/20]

View answer

Written answers

I would like to inform the Deputy that my Department has implemented the requirements of the Work Safely Protocol in each of its buildings and in particular, the requirements of Section D3. 

 My Department has the following infection prevention and control arrangements in place which provide for physical distancing across its essential operations where staff are required to attend the workplace: 

- No hand-shaking policy is in place;

- Attendance across office locations is maintained at a maximum of 30% occupancy to allow for physical distancing;

- Start, finish and break times are staggered;

- Staff are organised into different teams and pods to avoid cross-contamination;

- All canteen facilities have been reorganised to allow for 2 metre distancing;

- Signage is in place across all Department buildings to remind staff and visitors of Covid-19 control measures;

- Queue management systems are in place at our public offices;

- Appointment times are staggered to ensure physical distancing in our public offices;

- Meetings are conducted remotely;

- In certain operational areas where 2 metre distancing may be challenging, the Department has put in place clear plastic sneeze guards and screens and staff and visitors are provided with appropriate P.P.E.;

- The Department has introduced time limits to interactions in above areas;

- Staff wear face coverings when transiting through buildings and in common areas

- All COVID-19 control measures are regularly subjected to risk assessment by the Department’s Health and Safety Manager;

- Requests for additional staff to attend Department workplaces are subject to assessment and review by the Department’s COVID-19 Management Response Group to ascertain if the above control measures can be maintained at all times.

Covid-19 Pandemic

Questions (533)

Neale Richmond

Question:

533. Deputy Neale Richmond asked the Minister for Health the circumstances in which Irish citizens living abroad can return home for compassionate reasons; and if he will make a statement on the matter. [41141/20]

View answer

Written answers

There is no restriction preventing Irish citizens from entering the State. Passengers arriving to Ireland from overseas are required to complete a Covid-19 Passenger Locator Form. This is an online form. Public health advice for people who have travelled to Ireland from overseas is published on the Government's travel advice webpage available at https://www.gov.ie/en/campaigns/75d92-covid-19-travel-advice/.

Mobility Allowance

Questions (534)

Mattie McGrath

Question:

534. Deputy Mattie McGrath asked the Minister for Health the progress made to develop a new or alternative scheme to the mobility grant scheme which was suspended in 2013. [41249/20]

View answer

Written answers

By way of background, two schemes, the Mobility Allowance and Motorised Transport Grant, were put in place in 1979 and 1968 respectively, for operation by the Health Service Executive (HSE) at a time when there was limited availability of accessible public transport.  The Government decided to close these administrative schemes in 2013, on foot of the reports of the Ombudsman in 2011 and 2012 regarding the legal status of both Schemes in the context of the Equal Status Acts. 

In 2013, the Government also decided to continue payment of the monthly Mobility Allowance on an interim basis, to those who were in receipt of the Mobility Allowance at the time that the Scheme closed.  Of the 4,700 individuals in receipt of the Mobility Allowance (€9 million per annum) when the Scheme closed in 2013, there were 3,648 people in receipt of the interim payments at September, 2020. 

At the whole of Government level, the National Disability Inclusion Strategy 2017-2021 sets the overall framework for the equal participation of people with disabilities in society.  Monitoring of the implementation of the Strategy is being overseen by the National Disability Inclusion Strategy Steering Group which comprises key Government Departments, the National Disability Authority and the Disability Stakeholders Group.

Under the Strategy,  the Department of Transport, Tourism and Sport has responsibility for the continued development of accessibility and availability of accessible public transport and is committed to the continued development of accessible public transport in recognition of the importance of such services to the lives of people with disabilities. 

Work is ongoing on the policy proposals for the provision of transport supports for people with disabilities.  I intend to revert to Government with proposals in due course.  Recent developments which will impact on the policy options include the following:

- The ongoing progress by the Department of Transport, Tourism and Sport in providing accessible public transport nationally and that Department's public consultation, to review active travel and public transport policy, including accessible public transport;  

- The Cost of Disability Study currently underway which was commissioned by the Department of Employment Affairs and Social Protection as part of Budget 2019.  The research, when complete, will inform policy direction in relation to the provision of adequate supports to meet the needs of people with disabilities, including transport costs; and

- The Working Group established under Action 104 of the National Disability Inclusion Strategy by the Department of Justice and Equality which states that:- 'We will lead a review of transport supports encompassing all Government funded transport and mobility schemes for people with disabilities, to enhance the options for transport to work or employment supports for people with disabilities and will develop proposals for development of a coordinated plan for such provision. This plan will have regard to making the most efficient use of available transport resources.” 

Other transport supports available to persons with disabilities in the State include the Free Travel Scheme operated by the Department of Employment Affairs and Social Protection; and CLÁR funding, approved by the then Minister for Rural and Community Development, to voluntary organisations providing transport for people with significant mobility issues.

Disability Services Data

Questions (535, 536)

Thomas Pringle

Question:

535. Deputy Thomas Pringle asked the Minister for Health if capacity for early intervention service provision for children with a diagnosis of autism can be listed per geographical area for the Dublin region. [41455/20]

View answer

Thomas Pringle

Question:

536. Deputy Thomas Pringle asked the Minister for Health the number of people on waiting lists for early intervention services for autism in the Dublin region. [41456/20]

View answer

Written answers

I propose to take Questions Nos. 535 and 536 together.

The Programme for Government, Our Shared Future, recognises the need to improve services for both children and adults with disabilities through better implementation and by working together across Government in a better way.

The Government commits to prioritising early diagnosis and access to services for children and ensuring that the most effective interventions are provided for each child, to guarantee the best outcomes.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Health Services Staff

Questions (537)

Brendan Griffin

Question:

537. Deputy Brendan Griffin asked the Minister for Health his views on a matter (details supplied) relating to pay restoration; and if he will make a statement on the matter. [41480/20]

View answer

Written answers

An agreement reached at the Workplace Relations Commission (WRC) in October 2018 provided for pay restoration in relation to 50 pilot organisations in the first instance. Pay restoration for these bodies commenced in April 2019 with further payments due in October 2020 and October 2021 as appropriate.

The agreement recognised that some of the remaining Section 39 organisations were also likely to have pay restoration issues and a process to address these issues commenced in 2019 under the auspices of the WRC.  Despite the engagement which took place, it has not yet been possible to reach agreement.

The HSE are currently costing this next phase of pay restoration and are expected to complete the exercise shortly.  Funding options are currently being explored and engagement will take place with the Department of Public Expenditure and Reform.  Health sector management remain committed to the process.

Health Services Staff

Questions (538, 539, 540, 541, 542, 705, 773, 788, 789)

Cian O'Callaghan

Question:

538. Deputy Cian O'Callaghan asked the Minister for Health the steps he will take to complete pay restoration for the section 39 workers of the remaining 250 organisations that have yet to have pay restored in line with the agreement reached at the Workplace Relations Commission; and if he will make a statement on the matter. [41567/20]

View answer

Gerald Nash

Question:

539. Deputy Ged Nash asked the Minister for Health the status of a claim for pay restoration for section 39 workers; his plans to address the restoration of pay in section 39; and if he will make a statement on the matter. [41686/20]

View answer

Verona Murphy

Question:

540. Deputy Verona Murphy asked the Minister for Health if he will report on the status of pay restoration for all section 39 organisations as per the Workplace Relations Commission agreement reached in October 2018; and if he will make a statement on the matter. [41716/20]

View answer

Thomas Gould

Question:

541. Deputy Thomas Gould asked the Minister for Health his plans to support section 39 workers. [41747/20]

View answer

Thomas Gould

Question:

542. Deputy Thomas Gould asked the Minister for Health his engagements regarding section 39 workers. [41748/20]

View answer

Michael Moynihan

Question:

705. Deputy Michael Moynihan asked the Minister for Health the status of pay restoration for section 39 workers. [41944/20]

View answer

Éamon Ó Cuív

Question:

773. Deputy Éamon Ó Cuív asked the Minister for Health when full pay restoration will take place for all section 39 workers in the health service as per the agreement reached at the Workplace Relations Commission; and if he will make a statement on the matter. [42057/20]

View answer

Róisín Shortall

Question:

788. Deputy Róisín Shortall asked the Minister for Health if he will provide the necessary funding required for pay restoration of all section 39 workers; the reason the majority of section 39 organisations have still not had their pay restored; and if he will make a statement on the matter. [42120/20]

View answer

Róisín Shortall

Question:

789. Deputy Róisín Shortall asked the Minister for Health if his attention has been drawn to a proposed industrial action (details supplied); and if he has engaged with the workers’ trade union on this matter. [42122/20]

View answer

Written answers

I propose to take Questions Nos. 538, 539, 540, 541, 542, 705, 773, 788 and 789 together.

An agreement reached at the Workplace Relations Commission (WRC) in October 2018 provided for pay restoration in relation to 50 pilot organisations in the first instance. Pay restoration for these bodies commenced in April 2019 with further payments due in October 2020 and October 2021 as appropriate.

The agreement recognised that some of the remaining Section 39 organisations were also likely to have pay restoration issues and a process to address these issues commenced in 2019 under the auspices of the WRC. Despite the engagement which took place, it has not yet been possible to reach agreement.

The HSE are currently costing this next phase of pay restoration and are expected to complete the exercise shortly. Funding options are currently being explored and engagement will take place with the Department of Public Expenditure and Reform. Health sector management remain committed to the process.

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