Written Answers Nos. 287-306
287. Deputy Claire Kerrane asked the Minister for Further and Higher Education, Research, Innovation and Science if the special payment of €250 for students will be paid to students who go to study in Northern Ireland; if discretion is made on individual cases for this payment; if there are other financial supports available to students here who move to Northern Ireland for third-level education; and if he will make a statement on the matter. [3401/21]
View answerIn 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 was provided in Budget 2021, in recognition of the exceptional situation they have experienced due to the COVID-19 pandemic. Financial assistance will be provided to all SUSI eligible students and to EU full-time undergraduate and postgraduate students attending publicly funded Higher Education Institutions in the state.
The scheme will ensure students;
- Who avail of the SUSI grant, including students abroad, will receive €250 top-up in their grant;
- Students who do not avail of the grant but attend publicly funded Higher Education Institutions in the state can reduce by €250 any outstanding student 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 at the discretion of institutions.
The latter two options are designed to ensure students who are not in receipt of SUSI benefit from the measure. It is also the intention that these address circumstances where students are in final year, have paid their contribution fee and may not be on campus.
Irish/EU/EEA students partaking in courses in other countries who are in receipt of SUSI support are eligible for the payment if they are attending approved SUSI courses in approved higher education institutions within the EU. However other EU fulltime students outside of the SUSI system must be registered in a publicly funded higher education provider in the State to avail of this allocation.
In terms of other Irish nationals studying abroad, the provision of supports to Irish citizens based on nationality alone with the exclusion of other EU nationals would be contrary to EU law. It is therefore not possible to provide supports based on Irish citizenship alone. Instead the measure applies to all of these qualifying for SUSI grants, wherever they are studying and those of EU nationality at publicly funded higher education institutions in the State. Additionally a key administrative feature of the fund is that it is being implemented with the assistance of publicly funded institutions in the State under the remit of my Department.
The main support available to assist students with the cost of higher education is the Student Grant Scheme. Students attending approved undergraduate courses in Northern Ireland can apply for a maintenance grant provided they meet the terms and conditions of the Student Grant Scheme. There is also a special derogation contained within the Student Support Act 2011 which provides supports for postgraduate students attending courses in Northern Ireland. Such students may be eligible for assistance towards their postgraduate fees up to the maximum fees limit of €6,270 or a Postgraduate Fee Contribution of €2,000 subject to satisfying the terms and conditions of the Student Grant Scheme 2020. There is no other provision under the student grant scheme for the payment of fees to students studying outside of the State.
Tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education including approved undergraduate and postgraduate courses in EU Member States and in non-EU countries. Further information on this tax relief is available from the Revenue Commissioners on www.revenue.ie.
Prospective students may also wish to contact the relevant college in Northern Ireland for advice on the type and range of supports that are available in that particular college.
288. Deputy Bríd Smith asked the Minister for Further and Higher Education, Research, Innovation and Science if he will clarify the situation in relation to SOLAS courses in which there is a requirement for a work placement, for example, for electricians and other apprenticeships; if his attention has been drawn to a significant backlog in placements which means many apprentices are not progressing through their education as they should but are also incurring huge costs and loss of income; his plans to address these backlogs; and if he will make a statement on the matter. [3427/21]
View answerApprenticeship is primarily a contract of employment which incorporates a minimum of 50% on-the-job training with off-the-job training which is delivered in a number of different ways according to the apprenticeship programme. These range from remote or online learning to one day per week in an education institution or, in the case of craft apprenticeships, in periods of 10-35 week placements in Education and Training Boards (ETBs) or Institutes of Technology/Technological Universities. Many academic and vocational courses in the further and higher education and training sector also incorporate work placements, however these learners are not employees for the full duration of their course.
Waiting time for electrical and certain other craft apprenticeships are linked to physical capacity in ETB Training Centres and Institutes of Technology/Technological Universities. Pre COVID-19 the rapid rate of recovery of craft apprentice registrations due to the recovery of the construction sector was placing the existing off-the-job training facilities under stress.
In March 2020, all face to face off-the-job training for craft apprenticeship programmes was suspended. The closure of the education and training sector to face to face delivery of training between March and September 2020 resulted in the immediate loss of approximately 2,200 training places on phase 4 & 6 craft apprenticeships (April intake) and in the region of 2,000 phase 2 training places over the period of the closure. In addition to the immediate loss of places, the return to face to face training in September was subject to strict Covid-19 measures which has resulted in the reduction of available places.
Other apprenticeships in areas which were amenable to remote delivery moved fully online or were modified to allow for greater flexibility between on-the-job and off-the-job elements of the programmes. Unfortunately, it was not possible to deliver this flexibility in programme provision or assessment in the practical elements of craft apprenticeships (Phases 2, 4 and 6) due to the need to access workshops and equipment together. This, with the simultaneous closure of the construction sector, meant that apprentices progress through their programme was delayed.
The following measures have been taken to ameliorate the ongoing impacts of the Covid-19 measures on craft apprentices and to move to reduce waiting times for off-the-job training for certain craft apprenticeships:
- An alternative assessment approach was delivered for the theory assessments for up to 2,500 craft apprentices who had been close to finishing their phase of training at the time of the shutdown in March. Outstanding practical assessments were prioritised for completion in September 2020, with over 1,000 apprentices completing practical assessments and their phase of training.
- Craft apprentices who had had their off-the-job training interrupted in March 2020 were prioritised for a return to training from 31 August (ETB training centres) and from 10 September (Institutes of Technology and TU Dublin).
- Additional trainer posts have been sanctioned on a temporary basis where ETBs have identified a need for additional staff to deliver off-the-job training within Covid-19 guidelines.
- €12m has been provided in Budget 2021 to support additional places which will mitigate against the effect of smaller apprenticeship class sizes and catch up on lost provision in spring and summer 2020.
- SOLAS and the HEA have issued calls for proposals to all craft apprenticeship training providers to identify additional capacity that could be developed for apprenticeship training.
- The HEA and SOLAS are also engaging further in relation to the curricula to see what parts can be delivered online and are working with the sector to see which elements of craft apprenticeship might be amenable to blended learning.
Following the 6 January 2021 Government advice to minimise movement over the coming weeks, off-the-job training for craft apprentices has moved to primarily online delivery for the month of January. There will be a focus on theory-based elements of the curriculum during this period, and teaching and learning supports will be provided by Education and Training Boards, Institutes of Technology and the Technological Universities.
289. Deputy Eoghan Murphy asked the Minister for Justice the status of plans for accepting migrants on humanitarian grounds; and the extent to which the Covid-19 pandemic has halted these plans. [3108/21]
View answerThe Irish Refugee Protection Programme Humanitarian Admission Programme (IHAP) was announced in May 2018 as part of the Government's plan to realise the full commitment of 4,000 persons agreed under the first phase of the Irish Refugee Protection Programme (IRPP) in September 2015. The processing of applications made under the IHAP programme is the only element of the IRPP that remains under my Department's remit following the transfer of this function to the Minister for Children, Disability, Equality, Integration and Youth on 14 October last.
The programme allows holders of an international protection status in Ireland, (i.e. refugees with Convention or Programme Refugee status), holders of Subsidiary Protection grants, and Irish citizens, to make a proposal to me to bring to the State their family members who are nationals of one of the top ten major source countries of refugees as identified by the UNHCR Annual Global Trends Report.
IHAP received proposals for inclusion in the programme within defined periods or ‘windows for submissions’. The first window for accepting proposals ran from 14 May 2018 to 30 June 2018. Processing of the proposals from this first window was completed in 2018. A second window for the submission of proposals ran from 20 December 2018 until 8 February 2019. The first IHAP round granted permission to 165 beneficiaries and a further 592 permissions have been granted to date in the second round.
When the IHAP was announced in May 2018, it was envisaged that there would be approximately 530 beneficiaries. In December 2019, the allocation was increased to approximately 740 beneficiaries. The number of people to benefit from the IHAP programme has already exceeded this figure. There are currently 11 proposals pending in respect of 29 beneficiaries from the second round, which has the potential to bring the final number of beneficiaries to 786.
290. Deputy Brendan Howlin asked the Minister for Justice when an application for citizenship by a person (details supplied) working as a full-time care assistant in a nursing home will be determined; and if she will make a statement on the matter. [3235/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 10 September 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
291. Deputy Cathal Crowe asked the Minister for Justice if she has received a final report based on the inquiry led by a person (details supplied) into the way An Garda Síochána investigated the death of another person; the expected outcomes from the inquiry; and if she will make a statement on the matter. [3248/21]
View answer297. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 190 of 11 November 2020, the status of the inquiry under section 42 of the Garda Síochána Act 2005 into the Garda Síochána investigation following the death of a person (details supplied); when the final report will be published and sent to the family; and if she will make a statement on the matter. [3159/21]
View answerI propose to take Questions Nos. 291 and 297 together.
The Deputies will be aware that an inquiry under Section 42 of the Garda Síochána Act 2005 was conducted by former Judge Patrick Clyne into the Garda Síochána investigation relating to the death of Mr Patrick Nugent in 1984.
I can inform the Deputy that Judge Clyne completed his inquiry on 31 October 2020 and my Department received Judge Clyne’s report on 3 November 2020. The advice of the Attorney General is being sought on the matter of publication and on receipt of those advices I expect to be in a position to advise on the timelines further but unfortunately I am not in a position to do so at this juncture. I do appreciate however that Mr. Nugent's family are anxiously awaiting the outcome of Judge Clyne's investigation and I will be in touch with them as soon as it is possible to do so.
292. Deputy Thomas Pringle asked the Minister for Justice when she plans to bring forward the Criminal Justice (Miscellaneous Provisions) Bill as discussed at the Oireachtas justice committee during the debate on the Harassment, Harmful Communications and Related Offences Bill; and if she will make a statement on the matter. [2996/21]
View answerI can inform the Deputy that the General Scheme of the Criminal Justice (Miscellaneous Provisions) Bill was approved by the Government for drafting on 15 September 2020. The Bill is with the Office of Parliamentary Council for drafting. The General Scheme is being forwarded for pre-legislative scrutiny by the Oireachtas.
293. Deputy Catherine Murphy asked the Minister for Justice the date on which the number of practising barristers and solicitors that make up the part-time membership and-or Chair of the Criminal Injuries Compensation Tribunal will be appointed; the number appointed as of 14 January 2021; the number of ordinary members currently forming part of the Criminal Injuries Compensation Tribunal; the number of vacancies that exist on in the Criminal Injuries Compensation Tribunal; the number of cases in the backlog; and the number of years covered by the backlog. [3037/21]
View answerThe term of office of the Criminal Injuries Compensation Tribunal Chair and members expired on 31 December 2020. A comprehensive recruitment and selection process was undertaken in 2020 to fill the vacancies. In August 2020, expressions of interest were sought from practising barristers and solicitors for the part-time roles of Ordinary Member and/or Chair.
A Board was appointed to undertake the selection process. The Board assessed the 108 applications received and held individual meetings with 57 shortlisted applicants. The Board presented its recommendations which I received in December 2020. I have recently approved the recommendations made by the Board, including the formation of a panel from which future appointments up to June 2025 may be made. Seven offers of appointment have been made to those on the panel to the position of Chair and Ordinary Members, as is provided for under paragraph 17 of the Criminal Injuries Compensation Scheme. As noted in the application booklet, the number of Tribunal Members is under review with a view to increasing membership.
Officials in my Department are currently liaising with the proposed appointees to obtain the necessary formal acceptance and confirmation of tax clearance. It is expected that this process will be finalised very shortly, upon which the warrants of appointment will be issued and the new Tribunal membership will officially take up duty.
Six Departmental staff act as secretariat to the Tribunal. These staff receive applications and gather the necessary information from applicants and other stakeholders such as medical reports and the Garda report. When all required information is ready, Tribunal staff send the file to the Tribunal for consideration and decision. Where a decision is appealed, Tribunal staff make arrangements for a Tribunal appeal hearing.
In terms of the duration of the process, I am advised that it may take several years before an application for compensation is ready for submission to the Tribunal. Final Garda reports on the crime are required, as are the outcomes of any court cases initiated. In some cases, the extent of injuries suffered by the victim may not be known for some years and medical and other expert reports may be outstanding for a significant period. Sometimes, applicants may not reply to correspondence seeking required additional information. With certain claims, loss of earnings for consideration by the Tribunal may be complex, requiring employer reports, actuarial assessment and social welfare reports.
I can however assure the Deputy that applications made under the Scheme continue to be actively processed by the Tribunal and its supporting secretariat throughout 2020 with a total of 335 decisions being made during the year by Tribunal members on applications received. This was despite the practical difficulties presented by the current pandemic.
Finally, I can also advise the Deputy that I am currently considering the bringing of a range of reforms before Government for this long standing Scheme to better serve victims of crime by improving its efficiency and effectiveness.
294. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 685 of 13 January 2021, the categories of offences for which adult cautions were issued; and the number of offences cross tabulated with the number of cautions and custodial sentences given for these categories by Garda division in tabular form. [3093/21]
View answerAs the Deputy will be aware, the Adult Caution Scheme was introduced to An Garda Síochána in 2006, having been approved by the Director of Public Prosecutions (DPP). The Scheme is a non-statutory one agreed between, and administered by, both organisations. The operation of the scheme is an operational matter for An Garda Síochána and the DPP, both of which are independent in the exercise of their functions.
I am advised by the Garda authorities that the following offences are listed in the schedule of adult cautions following the extension of the scheme to the four additional offences listed in my response to Parliamentary Question No. 685 of 13 January 2021:
Criminal Justice (Public Order) Act, 1994
- Section 4: Intoxication in a public place
- Section 5: Disorderly Conduct in a public place
- Section 6: Threatening, abusive or insulting behaviour in a public place
- Section 8: Failure to comply with direction of a member of An Garda Síochána
- Section 9: Wilful Obstruction
- Section 11: Entering building etc. with intent to commit an offence
-- Section 13: Trespass in a manner likely to cause fear
- Section 21: Failure to comply with Garda directions controlling access to certain events
- Section 22: Surrender and seizure of intoxicating liquor
Criminal Justice (Theft and Fraud Offences) Act, 2001
- Section 4: Theft (where the value of the property concerned is less than €1,000)
Intoxicating Liquor Act, 2003
- Section 6: Offences by a drunken person- Section 8: Disorderly conduct
Non-Fatal Offences Against the Person Act, 1997
- Section 2: Assault (Assaults on a member of An Garda Síochána shall be forwarded to the Director of Public Prosecutions)
Criminal Damage Act, 1991
- Section 2: Damaging Property (where the value of the property damaged is less than €1,000)
- Section 3: Threat to damage property
Criminal Justice (Theft and Fraud Offences) Act, 2001
- Section 8: Making off without payment (where the value of the payment is less than €1,000)
- Section 17: Handling stolen property (where the value of the property concerned is less than €1,000)
- Section 18: Possession of stolen property (where the value of the property concerned is less than €1,000)
Dublin Police Act, 1842
- Section 14(12): Nuisances in Public thoroughfares (applies to Dublin Metropolitan (Court) District Only)
Intoxicating Liquor Act, 1927
- Section 17: Persons on licensed premises during prohibited hours
Licensing Act, 1872
- Section 12: Public Drunkenness
Summary Jurisdiction (Ireland) Amendment Act, 1871
- Section 8: Offensive or riotous conduct in a theatre or other place of public amusement (applies to Dublin Metropolitan (Court) District only)
Misuse of Drugs Act 1977
- Section 3: Possession of cannabis or cannabis resin a controlled substance. Commonly referred to as ‘simple possession’ or possession for personal use.
Casual Trading Act, 1995
- Section 3: Casual trading without a licence or contrary to the terms of the licence.
I hope the Deputy will understand that the detailed information requested is not readily available.
I am informed by the Garda authorities that to provide a breakdown of cautions by offence grouping from 2015 up to end 2020 would require a disproportionate amount of time and would be extremely onerous to compile.
The Courts Service have further advised that it would necessitate a disproportionate amount of resources to generate a reply and that the Court Service database can only collate data in respect of Court venue, rather than Garda District. Therefore, it is not possible to provide the information in the format requested.
295. Deputy Eoghan Murphy asked the Minister for Justice if she will consider introducing new laws to combat the large increase in the theft of catalytic converters such as extra penalties for car dealers who do not confirm the origin when reselling the parts. [3104/21]
View answerI can inform the Deputy that I am very conscious of the impact of this form of theft from car owners, and in particular from individuals owning specific types of hybrid vehicles. I understand that the current interest in catalytic converter theft may be directly associated with the current high price of palladium available on the market.
I am informed that Garda management in the Dublin Metropolitan Region (DMR) have taken a proactive, co-ordinated and targeted approach in response to this issue. Information and intelligence in relation to individuals and gangs involved in the theft of catalytic converters continues to be assessed, evaluated and developed. This approach has resulted in a number of successful Garda operations over the last year in the DMR. Gardaí have delivered a number of co-ordinated and managed arrests of individuals identified as being involved in or associated with thefts of these devices and searches of certain locations and properties which resulted in the seizure of catalytic converters.
The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for offences of theft, the handling of stolen property and the possession of stolen property. The offence of theft provided for by this legislation would, based on the broad nature of the offence, include the theft of scrap metal and catalytic converters. A maximum sentence of 10 years in prison is provided for in the case of convictions for offences of theft and handling of stolen property; while a maximum sentence of 5 years in prison is provided for convictions for the offence of possession of stolen property.
Irish law relating to the sale and purchase of scrap metal is a matter for the Department of Communications, Climate Action and Environment and arises under the Waste Management Act 1996. The Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 apply to the sale and purchase of scrap metals and were designed to improve the traceability of such scrap metal sales. The regulations impose an obligation on businesses to apply due diligence measures to ensure the traceability of any waste purchased.
Community Gardaí are also available to provide crime prevention advice to residents groups in areas affected by thefts, and Garda members keep injured parties appraised as to the status of investigations at all times.
296. Deputy Cian O'Callaghan asked the Minister for Justice if her attention has been drawn to the fact that single parents in receipt of the housing assistance payment and the one-parent family payment are not entitled to free legal aid; the steps she is taking to address same; and if she will make a statement on the matter. [3118/21]
View answerThe Legal Aid Board provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. Section 3(3) provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.
In relation to the specific matters raised by the Deputy, I have had enquiries made with the Legal Aid Board. I wish firstly to clarify one aspect. With the exception of a very small number of more vulnerable cases (such as those relating to domestic violence, childcare, or being supported under the Abhaile scheme), clients generally pay a contribution for legal advice and a further contribution if they require representation in court. The requirement to pay such a contribution is set out in the Civil Legal Aid Regulations 1996 – 2017.
In terms of the financial eligibility of applicants to the Legal Aid Board, applicants for legal aid are required to meet the criteria under section 29 of the Act and the relevant Regulations. This provides that their disposable income (less certain allowances) must be below €18,000 and their disposable capital (less certain allowances and excluding the value of the home in which they live) must be below €100,000.
The Regulations make detailed provision for what is to be taken into account as income. In particular, Regulation 13(8) provides that "“income", in relation to an applicant, means the income which he or she may reasonably expect to receive from all sources…” The effect of Regulation 13(8) is effectively that all income an applicant receives from whatever source must be taken into account unless it is specifically excluded. As the Deputy will appreciate, the relevant criteria and regulations will apply to all applications made to the Board in the independent exercise of its functions and not all applicants will be of equal means.
It is also important to note that applicants are entitled to seek an internal review of a decision by the Legal Aid Board within one month of the date of the decision and to submit further information in support of such a review. They are also entitled to appeal the matter to an appeal committee consisting of non-executive members of the Legal Aid Board.
While it is recognised that there are enormous and competing demands being made on the legal aid scheme, under Budget 2021, I have secured an increased provision of over €2 million for the Legal Aid Board bringing its total funding to €44.6 million for this year representing a 6% increase. At the same time, I have also asked my Department to conduct a comprehensive review of the current civil legal aid scheme in order that current issues, such as those raised by the Deputy, can be taken into account. This will include, specifically, the status of income such as the Housing Assistance Payment in the making of applications for legal aid which is a matter of current consideration by my Department.
298. Deputy Holly Cairns asked the Minister for Justice the investigations, reviews and or actions that have commenced in relation to the fatal shooting of a person (details supplied); and if she will make a statement on the matter. [3196/21]
View answerAs previously, I extend my deepest sympathies to all those impacted by the tragic event in Hartstown, and in particular to the family of the late Mr George Nkencho. All fatal shootings are deeply distressing, and I know that the local community are experiencing real trauma as a result of these events.
As is the case in every incident involving a member of An Garda Síochána that results in the death of a person, the shooting is of course being fully and independently investigated by the Garda Síochána Ombudsman Commission (GSOC), which is chaired by a High Court Judge, the Hon Ms Justice Mary Ellen Ring.
Such incidents are very rare in Ireland but all are fully investigated independently. GSOC have written to my Department to confirm that they have begun a criminal investigation under section 98 of the Garda Síochána Act, 2005. As the Deputy may be aware, GSOC can make wider systemic recommendations on issues they investigate and they are free to do that in this instance also.
I know that Gardaí have also been engaging with the local community with regard to the trauma caused by the incident, and family liaison officers from both GSOC and An Garda Síochána are available to the Nkencho family.
At the same time, Gardaí are investigating the incidents at Hartstown Shopping Centre and the events leading to the shooting. There are well established protocols in place between GSOC and the Gardaí to allow these parallel but separate investigations to take place.
299. Deputy Holly Cairns asked the Minister for Justice the supports or official responses offered to persons involved in or who witnessed to a fatal shooting involving members of An Garda Síochána; and if she will make a statement on the matter. [3197/21]
View answerAs the Deputy will be aware, I consider the provision of appropriate mental health supports to be a matter of the highest importance. This was one of a number of key issues I discussed with the Garda Commissioner and his senior team when I met with them late last year. I have also discussed this important issue with the Garda Associations.
An Garda Síochána is committed to ensuring that members exposed to a traumatic incident receive the appropriate organisational response. An Garda Síochána is also committed to supporting victims and witnesses when a traumatic incident occurs. However it is aware that sometimes more support is needed than the organisation can offer. Therefore, when a crime is reported, An Garda Síochána will provide details of independent victim support organisations. These organisations help anyone affected by crime – not just victims and witnesses, but their friends, family and other people caught up in the aftermath.
Internally within an Garda Síochána, it is recognised that the continued wellbeing of each member is essential from a personal level and contributes to the overall efficiency and effectiveness of the Organisation.
I can also inform the Deputy that there are twenty eight Victim Service Offices – one for each operational Garda Division. These Offices supplement victim support activity already being undertaken by investigating members of An Garda Síochána.
The Offices are staffed by dedicated, specially trained personnel operating to a Standard Operating Procedure. Their role is to keep victims informed of all significant developments associated with their case, as well as provide contact details for relevant support and counselling services.
A list of Victim Service Offices and contact details can be found at the following link.
https://www.garda.ie/en/victim-services/find-my-local-victim-service-office/
I am informed by the Garda authorities that the Employee Assistance Service within An Garda Síochána provides a confidential professional support service to both serving and retired personnel of An Garda Síochána, students, reserves, their families and retired members of external police services and their immediate families resident in the State. It is a proactive response by the organisation to support personnel in managing and resolving personal difficulties at an early stage, which will assist in maintaining their health and wellbeing.
The service is available to help resolve work and personal issues, including mental health, which may be causing stress, worry or disruption to an individual’s life. The Service is under the remit of Human Resources and People Development, and managed by a Superintendent. There are sixteen full time staff attached to the unit with an additional two positions to be filled in the near future. Each Employee Assistance Officer has completed a Diploma in Employee Assistance and Social Support delivered by NUI Galway.
The Employee Assistance Service is supported by a Peer Supporter Network, which was established within An Garda Síochána in 1994 in an attempt to negate the potential harmful effects of traumatic incidents. Peer supporters are colleagues who have received appropriate training in helping members cope with the effect of a traumatic incident in the workplace. Very often in circumstances of traumatic incidents the immediate notification to and response from a peer supporter has had a huge impact in assisting colleagues in the aftermath of such occurrences. Peer Supporters are available in all Garda Districts and are activated following a traumatic incident.
All Employee Assistance Officers, and approximately 250 Peer supporters, are trained in Critical Incident Stress Management. This is an integrated planned policy designed to prevent or mitigate any adverse psychological reactions that may affect members who are exposed to a traumatic incident. This intervention is delivered by the Employee Assistance Service along with a mental health professional when required.
Following each traumatic incident, a peer supporter is activated. He or she will contact the member and offer support. In the event that the peer supporter deems it appropriate, they may refer the member to the Garda Employee Assistance Service. If the Garda Employee Assistance Officer believes that external professional assistance is required the member can be referred to the 24 hour, 365 day Helpline and Counselling Service and the Occupational Health Department.
Since 24 June 2016, a 24 hour 365 day Independent Helpline and Counselling Service is available to all staff within An Garda Síochána. This service is available for both work and personal difficulties. The service is provided by Inspire Wellbeing and is confidential, free and self-referral.
Under the most recent contract awarded to Inspire Wellbeing, a new 2 tier system is available which includes:
- Solution Focus Based Therapy for life and work events
- Trauma Focussed based Counselling, delivered by qualified trauma counsellors.
300. Deputy Mark Ward asked the Minister for Justice the amount of assets seized by the Criminal Assets Bureau since its inception in each of the past ten years. [3231/21]
View answerAs the Deputy may be aware, responsibility for the identification, tracing, freezing, and ultimate confiscation of criminal assets does not rest with a single body in Ireland and is spread across a number of different agencies and statutory bodies, not all of which are the responsibility of the Department of Justice. These include An Garda Síochána, the Criminal Assets Bureau, Revenue, the Chief State Solicitors Office, the Director of Public Prosecutions and the Courts. It should be noted that in some cases, funds seized represent overdue/unpaid personal taxation.
I understand that, in accordance with the provisions of the Proceeds of Crime Acts 1996-2016, the Criminal Justice Act 1994, as amended, and SI No. 418/2011 - Finance (Transfer of DepartmentalAdministration and Ministerial Functions) Order 2011, all confiscations relating to the proceeds of crime are transferred to the Minister for Public Expenditure and Reform to be paid into, or disposed of, for the benefit of the Exchequer. It is from this central fund which the Government draws for expenditure on all necessary public services and investment including for communities affected by crime.
The below table provided by CAB indicates the total value of seizures as requested. As outlined above, there are a number of pieces of legislation that CAB can utilise to seize assets and the values are broken down by currency. CAB have advised that the figures for 2020 are not available at present and will be published in their annual report once finalised.
|
Year |
Section 2 Interim Orders EURO |
Section 2 Interim Orders STERLING |
Total sent to Exchequer from Section 4(1) & 4A |
|
2010 |
7,019,475.88 |
63,535.00 |
3,114,312.59 |
|
2011 |
5,384,559.73 |
6,725.00 |
2,734,715.22 |
|
2012 |
2,110,334.78 |
4,850,540.17 |
|
|
2013 |
2,821,302.00 |
1,038,680.52 |
|
|
2014 |
6,760,182.00 |
467,152.37 |
|
|
2015 |
941,078.59 |
1,642,962.29 |
|
|
2016 |
643,063.07 |
1,412,920.41 |
|
|
2017 |
7,020,539.20 |
1,698,721.08 |
|
|
2018 |
8,263,582.30 |
2,271,799.92 |
|
|
2019 |
64,985,550.30 |
1,559,726.31 |
The tables below set out, in tabular format, taxes collected and social welfare recoveries for the years 2010 – 2019.
|
Tax Collections |
Social Welfare Recoveries |
||
|
Year |
Amount |
Year |
Amount |
|
2010 |
€4,084,498.00 |
2010 |
€181,272.00 |
|
2011 |
€3,804,867.00 |
2011 |
€454,037.49 |
|
2012 |
€1,967,925.00 |
2012 |
€393,797.00 |
|
2013 |
€5,418,000.00 |
2013 |
€287,380.00 |
|
2014 |
€3,017,000.00 |
2014 |
€335,911.00 |
|
2015 |
€2,038,000.00 |
2015 |
€185,354.32 |
|
2016 |
€2,106,000.00 |
2016 |
€297,430.12 |
|
2017 |
€2,374,000.00 |
2017 |
€319,720.31 |
|
2018 |
€3,097,000.00 |
2018 |
€302,673.36 |
|
2019 |
€2,206,000.00 |
2019 |
€324,055.73 |
301. Deputy Catherine Connolly asked the Minister for Justice the status of the roll-out of the promised changes to the provision of work permits for international protection applicants (details supplied); if these changes have been made operational to date; the legal basis underpinning these changes; and if she will make a statement on the matter. [3333/21]
View answerAccess to the labour market for international protection applicants is provided for under the European Communities (Reception Conditions) Regulations (S.I. No. 230 of 2018). These Regulations give effect to Directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection (recast), and came into operation from 30 June 2018. The Regulations provide access to the labour market for an applicant who has not received a first instance decision within 9 months of making an international protection application.
Following a review of access to the labour market for persons seeking international protection by my Department, in October 2020 the Government approved a number of changes in relation to access by applicants for international protection to the labour market, including a reduction in the waiting period for access to the labour market from 9 months to 6 months and an increase in the validity period of a labour market access permission from 6 months to 12 months. Work on the relevant legislative changes is at an advanced stage with a view to introducing the proposed changes shortly. The changes are being made in the context of amendments to the European Communities (Reception Conditions) Regulations necessitated by the transfer of certain functions in those Regulations to the Department of Children, Equality, Disability, Integration and Youth.
302. Deputy Catherine Connolly asked the Minister for Justice the actions she is taking on foot of recommendation 5.6 of the September 2020 Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process (details supplied); when the recommendation will be implemented in full; and if she will make a statement on the matter. [3334/21]
View answerI have established a high level Programme Board to assess the recommendations of the Catherine Day Advisory Group report and oversee their implementation, as relevant to my Department and as appropriate, including those related to access to bank accounts for international protection applicants. An Implementation Working Group has also been established in my Department to oversee the implementation of the report’s recommendations, as appropriate, which will report to the Programme Board.
In relation to recommendation 5.6 of the Advisory Group, my Department is actively engaged with the relevant stakeholders, including the Banking and Payments Federation of Ireland (BPFI), with a view to achieving an early resolution to the issue of lack of access to bank accounts for some international protection applicants having due regard to both national and EU legislative requirements.
303. Deputy Colm Burke asked the Minister for Justice the measures that have been put in place for victims of domestic violence and abuse during Covid-19; and if she will make a statement on the matter. [3371/21]
View answerI can assure the Deputy that tackling domestic abuse and providing supports for victims is a priority for me as Minister for Justice and for Government. I am working with my colleagues and with our partners to ensure we have an appropriate collective national response that supports victims and holds perpetrators to account.
There is no doubt that restricted movement in the context of the pandemic poses an increased risk of domestic abuse, evidenced by figures reported by frontline services. This was a key concern for Government when considering the potential impact of restricting movements, and back in March, my Department developed an inter-agency plan prioritising tackling domestic abuse, raising awareness of the risks and providing extra support for victims during this very difficult period.
My Department has provided additional resources, support, enforcement and services which will continue to be made available throughout the pandemic. Domestic abuse cases are being prioritised by the Gardaí, through Operation Faoiseamh, by the Courts and by the Legal Aid Board.
Covid specific funding to assist organisations working in this area in 2020 is being maintained and increased under Budget 2021.
Both An Garda Síochána and my Department have publicised the fact that the Covid related travel restrictions do not apply to persons who are at risk or are removing themselves from a domestic abuse situation. This is to ensure victims are aware of this fact and know that Gardaí will support them at any checkpoint they encounter, regardless of their distance from home.
While Tusla has responsibility for funding frontline services for victims of domestic abuse, my Department provides funding for initiatives aimed at combatting domestic abuse and sexual violence and also provides funding to promote and assist the development of support services to victims of crime, which includes victims of domestic and sexual crime.
This year I have secured funding of €4.104 million to support victims of crime and some €3 million for raising awareness of domestic, sexual and gender based violence. These figures reflect the additional €2.3 million provided in Budget 2021 for implementation of Supporting a Victim's Journey.
I would emphasise that this Government is not just working collectively to address the immediate challenges posed by the pandemic, but is also working together to improve how we deliver supports and services to domestic abuse victims going forward.
I can assure the Deputy that I continue to prioritise all aspects of our work to combat domestic abuse and to address the needs of victims, both through short term measures and working with my colleagues to evaluate and improve how we do this in the longer-term.
304. Deputy Sean Sherlock asked the Minister for Justice the status of a visa application by a person (details supplied). [3447/21]
View answerThe visa application for the person referred to by the Deputy was refused by the Visa Office in Dublin. A letter issued to the applicant on 9 December 2020, which outlines the reasons for this refusal.
It is open to the applicant to appeal this decision, in writing, within two months of the date of the refusal. All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh. Appeals must be in written form, faxed or emailed appeals will not be considered.
Full consideration will be given to any appeal received on behalf of the applicant, however the onus is on the applicant to satisfy the Visa Officer that a visa should be granted.
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.
305. Deputy Réada Cronin asked the Minister for Justice if citizenship will be fast-tracked for essential workers in the healthcare system given their heroic work on the Covid-19 front line; and if she will make a statement on the matter. [3478/21]
View answerI recognise and acknowledge the crucial role frontline workers are continuing to play in responding to the threat of COVID-19. They work in a challenging environment and deal with vulnerable people on a daily basis. Their exceptional commitment has been particularly clear throughout the pandemic, during which they have been playing a key role in preventing the spread of the COVID-19 virus.
All applications for a certificate of naturalisation are processed and assessed individually in accordance with legislation. There are no provisions to apply different criteria depending on the category of employment of the applicant. All applicants are required to meet minimum periods of reckonable residence and standard checks are carried out as part of the overall process to maintain its integrity.
Due to the restrictions imposed as a result of the pandemic, I have provided six extensions of immigration permission to 20 April 2021, to ensure that those requiring an immigration permission to work in the state could continue to do so including those providing frontline services.
I am conscious that a significant backlog has built up regarding the granting of citizenships due to the inability to hold in person ceremonies during Covid-19. Unfortunately, the pandemic has prevented the holding of such ceremonies, which are usually attended by hundreds of people and which have become a welcome addition to our public and civic life.
I was pleased to announce earlier this week that a temporary system is now in place that will enable citizenship applicants to complete their naturalisation process by signing a statutory declaration of loyalty. This signed statutory declaration replaces the requirement for citizenship applicants to attend citizenship ceremonies, which have been temporarily suspended during COVID-19.
Under the temporary new system, up to 4000 qualifying applicants will be asked to complete a statutory declaration that will be sent to them by email from the Citizenship Division of the Immigration Service of my Department and bring it to one of the listed designated officials. The designated official must witness the applicant sign the statutory declaration. The applicant must then send the signed statutory declaration, the appropriate fee and any other requested documentation to Citizenship Division. Final processing will then take place and a certificate of naturalisation, will be sent to the applicant.
The new system is in place from 18 January 2021, and my Department will communicate with applicants regarding the requirements, on a phased basis over the next few months until in-person citizenship ceremonies are able to recommence.
It is expected that the 4,000 applicants currently waiting on naturalisation will have been provided with an opportunity to gain citizenship by the end of March. A significant number of healthcare and other frontline workers who have made extraordinary contributions during the pandemic will also benefit from these new arrangements over the coming weeks and months.
It remains my intention that large scale ceremonies will recommence once circumstances allow. Since their establishment in 2011, citizenship ceremonies have been joyous occasions which mark the granting of Irish citizenships in a dignified manner and they have become a welcome addition to our public and civic life. In-person ceremonies have been provisionally scheduled to resume in December 2021, subject to the safety of all involved being assured.
306. Deputy Neale Richmond asked the Minister for Health the plans in place for students on placements in the healthcare system to receive the Covid-19 vaccine; and if he will make a statement on the matter. [3342/21]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
