Written Answers Nos. 181-200
181. Deputy Gary Gannon asked the Minister for Social Protection if there are currently delays to applications for carer’s allowance; and the average length of time for an application for carer’s allowance to be complete. [4969/21]
View answerMy Department is committed to providing a quality service to all its customers, ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.
There are no delays in processing claims once all of the necessary information is provided to establish entitlement to Carer's Allowance. The average number of weeks to award new Carer's Allowance applications has remained consistently at 4 weeks since September 2020.
Significant improvements have been achieved in reducing the average time to process claims over the past year. In 2020 the average number of weeks to award a new Carer's Allowance claim was 7 weeks, compared to 14 weeks in 2019.
I hope this clarifies the position for the Deputy.
182. Deputy Colm Burke asked the Minister for Children, Equality, Disability, Integration and Youth the position regarding support for crèches providing care for children of essential workers but are now in a position of insufficient funding to keep the crèche open; if additional support will be provided for these key services; and if he will make a statement on the matter. [4779/21]
View answerFollowing Cabinet approval on 26 January for the continuation of additional measuresunder full Level 5 restrictions, I have announced new funding measures to support the Early Learning and Care and School Aged Childcare (ELC and SAC) sector to cover the period 1 February to 5 March.
The pre-school (ECCE) programme will continue to be suspended during these extended restrictions. Other early learning and childcare services can remain open for children whose parents work in an essential service and for vulnerable children.
The new funding arrangements are as follows:
- Services open during this period will continue to receive 70% of the value of ECCE programme funding and 100% of funding provided under other Department schemes (i.e. the National Childcare Scheme (NCS), the Community Childcare Subvention Plus (CCSP), and the Access and Inclusion Model (AIM)) These services can also receive the additional 30% of ECCE Programme funding if they commit to certain conditions that includes waiving fees for parents not using the service and retaining staff where possible.
- Services closed during this period, where the closure is approved by the Department, will receive 70% of the value of ECCE programme funding and 100% of funding provided under other Department schemes (i.e. NCS, CCSP, and AIM). This funding will be conditional on a commitment to waive fees for parents and retain staff where possible.
- A newly designed Covid-19 Support Payment is being put in place to support some providers with a significant reliance on parental fee income to waive fees during this period while remaining sustainable.
Central to the funding arrangements is the enhanced EWSS, which early learning and childcare providers continue to be eligible to access without having to demonstrate reduction in turnover as other employers do. The enhanced EWSS is estimated to cover 80% of payroll costs or 50% of the full operating costs of the average service.
Despite the new funding arrangements outlined above, along with access to the EWSS, some services may be left with a short-term sustainability concerns due to lower income levels arising from current restrictions. Officials within my Department are currently developing a specific strand of funding to support services with sustainability issues arising out of the impact of full and part time early learning and care and school age childcare services opening only for the children of essential workers and vulnerable children. Further details will issue in due course.
My Department also oversees a case management support facility through which local CCCs and Pobal work together to assess and provide assistance to ELC and SAC services in difficulty. This support can include help with completing and interpreting analysis of staff ratios, fee setting, cash flow difficulties, as well as more specialised advice and support appropriate to individual circumstances. Any service that has concerns about their viability during the current Level 5 restrictions should contact their local CCC in the first instance.
183. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth when it is expected that ECCE programme is likely to be safely restored in conjunction with best safety practices; and if he will make a statement on the matter. [4880/21]
View answerOn Tuesday 26 January, Government made the decision to extend the suspension of the ECCE programme and to continue to restrict access to other Early Learning and Childcare services to the children of essential workers and to vulnerable children. It is currently planned for these arrangements to be in place until 5 March, with the timeframe remaining subject to review in the context of the evolving public health circumstances.
The resumption of the ECCE programme has been postponed, and ELC/SAC services will only be open to children of essential workers and vulnerable children, in order to minimise the movement of people at a time of significantly elevated levels of infection of Covid-19 in the community.
Public health experts have confirmed that ELC/SAC services may continue to operate during the current Level 5 restrictions. Public health advice which was prepared specifically for ELC/SAC services provides detailed guidance on how services can significantly reduce their risk level. Incidence of Covid-19 positive cases in children 12 and under remains significantly lower than the population at large.
184. Deputy Gary Gannon asked the Minister for Children, Equality, Disability, Integration and Youth the number of applicants per year under the Magdalen restorative redress scheme since 2015; the number of survivors who have successfully obtained the 2015A medical card; the effectiveness of the redress scheme as it pertains to his Department; and if he will make a statement on the matter. [4972/21]
View answerThe Deputy will be aware that in February, 2013, following publication of the McAleese Report, the Government appointed Justice John Quirke to devise a scheme to address the needs of Magdalen women. Justice Quirke presented his report in June, 2013 which included twelve recommendations. The Government accepted all of his recommendations in principle and the Magdalen Restorative Justice Ex-Gratia Scheme was established in relation to twelve specified institutions.
Following a report by the Ombudsman in 2018, the Government decided to include a further fourteen adjoining institutions in the scheme.
The Scheme is non-adversarial and is based on length of stay in a relevant institution. In relation to the Magdalen women, what needs to be established is that a person was admitted to a Magdalen Institution and worked there without pay for a period of time. In relation to the adjoining institutions, some evidence of working in the laundry of the Magdalen Institution is required in order to qualify.
The Scheme addresses the needs of the Magdalen women. All eligible applicants, in addition to their lump sum payment, are entitled to an enhanced medical card (2015A Card) which they hold for life and a pension type payment - €100 per week if under State pension age, increasing to the value of the State Pension (Contributory) at pension age.
To date 805 applicants have qualified for benefit under the terms of the Scheme at a cost of €32m in lump sum payments.
While the majority of applications to the Scheme were received in 2013 and 2014, 27 applications were received in 2015, 15 in 2016, 12 in 2017, 36 in 2018, 31 in 2019, 8 in 2020 and 1 application has been received so far in the current year.
My colleague, the Minister for Health has advised in relation to the 2015A Medical Card.
The Redress for Women Resident in Certain Institutions Act 2015 (RWRCI Act) makes provision for a range of primary and community health services in Ireland for women who qualify under the Restorative Justice Scheme. Eligibility for these services are identified by way of the 2015A card. There are currently 603 cardholders. A Redress Reimbursement Scheme is also available for persons who are eligible for a 2015A card but who reside outside the State. Eligible persons residing overseas can alternatively access equivalent primary and community health services abroad and subsequently seek reimbursement from the HSE.
185. Deputy Neasa Hourigan asked the Minister for Children, Equality, Disability, Integration and Youth if the Special Rapporteur on Child Protection has undertaken a review of issues in relation to the parental rights of LGBTQ+ families using surrogacy and other forms of assisted human reproduction; if he will publish this review; and if he will make a statement on the matter. [4626/21]
View answerThe Special Rapporteur on Child Protection reviews and reports to Government on specific national and international legal developments, existing or proposed legislative provisions and litigation in the area of child protection on the request of the Minister for Children, Equality, Disability, Integration and Youth.
A review of children’s rights and best interests in the context of parentage in cases of donor-assisted human reproduction, including surrogacy, was assigned to the Special Rapporteur as a priority project in June 2020 by the then Minister for Children and Youth Affairs. The project was assigned following a request from the Department of Health and consultation with relevant Departments.
The Special Rapporteur submitted his report in mid-December. It is my intention to submit the report to Government in the coming weeks, where I will seek approval to publish and lay it before the Houses of the Oireachtas. It will subsequently be published on my Department’s website.
The issues involved cross the remit of a number of Government Departments. The Special Rapporteur’s report and recommendations will feed into the policy considerations of the Departments concerned.
A review of how children’s rights and best interests can be protected in the context of the recognition of parentage in cases of assisted human reproduction and surrogacy is a commitment in the Programme for Government ‘Our Shared Future’.
186. Deputy Michael Creed asked the Minister for Children, Equality, Disability, Integration and Youth the position regarding supports available for those categorised as essential workers with regard to childcare and crèche fees; if those who are currently working from home and therefore not availing of crèche services are obliged to pay; and if he will make a statement on the matter. [4733/21]
View answerGovernment decided on 6 January that, in order to reduce movement in the population, the ECCE programme would be suspended. Other Early Learning and Childcare and School-Age Childcare services (ELC/SAC services) can remain open on a restricted basis, to offer services to the children of essential workers and to vulnerable children only.
Essential workers are those that work in the list of essential services published on gov.ie. One parent who is an essential worker confers eligibility on the child to access a service. For the purposes of accessing early learning and childcare services, an essential worker may be working from home.
Significant financial supports have been made available to ELC and SAC providers and I have asked that providers make arrangements to waive or refund fees to parents who cannot take up services at this time. The Department has also asked providers to bear in mind that parents who are essential workers or who have vulnerable children have a broad range of personal circumstances and to consider what arrangements (e.g. refunds or fee credits) can be made for eligible parents who do not wish not to take up an ELC/SAC place at this time. The Department has been made aware of many ELC/SAC providers who are waiving fees for any parents who are not taking up places and welcomes this.
ELC and SAC services are provided by private enterprises, either privately owned or operated by community organisations. While service providers are contracted by the Department to provide services at a subsidised rate to parents, they are free to set their own policies regarding the charging of fees and contract conditions.
Funding arrangements for February are currently being finalised and will be publicised shortly.
For parents who work in essential services or parents of vulnerable children who wish to access an ELC place at this time, new applications for the National Childcare Scheme continue to be accepted during this time. City/County Childcare Committees can assist parents of eligible children who need a childcare place to find one locally.
187. Deputy Michael Creed asked the Minister for Children, Equality, Disability, Integration and Youth the supports available from his Department to crèche operators and to parents of children attending crèche facilities in circumstances in which those attending are categorised as children of essential workers; if he will clarify who qualifies as an essential worker in this regard; and if he will make a statement on the matter. [4734/21]
View answerGovernment decided on 6 January that, in order to reduce movement in the population, the ECCE programme would be suspended. Other Early Learning and Childcare and School-Age Childcare services (ELC/SAC services) can remain open on a restricted basis, to offer services to the children of essential workers and to vulnerable children only.
Essential workers are those that work in the list of essential services published on gov.ie. One parent who is an essential worker confers eligibility on the child to access a service. For the purposes of accessing early learning and childcare services, an essential worker may be working from home.
Under the current Covid19 restrictions, financial supports continue to be available to the Early Learning and Childcare and School Age Care sector, notably the Employment Wage Subsidy Scheme (EWSS). EWSS is an economy-wide enterprise support for eligible businesses in respect of eligible employees. It provides a flat-rate subsidy to qualifying employers based on the numbers of eligible and paid employees on the employer’s payroll; and it charges a reduced rate of employer PRSI of 0.5% on wages paid that are eligible for the subsidy payment.
ELC and SAC services are exempt from the normal EWSS turnover requirements which require employers to demonstrate a decline of 30% turnover to be eligible . Furthermore, the rate of subsidy the employer will receive per paid eligible employee under EWSS was enhanced on 20 October 2020 in response to nationwide level 5 restrictions and will continue to be made available during this period.
Under the enhanced rates, ELC and SAC services with EWSS will have on average approximately 80% of payroll costs covered. This equates to approximately 50% of the usual operating costs of the average service – allowing them to operate sustainably with lower occupancy rates and higher delivery costs due to the Covid-19 pandemic.
During January, my Department has continued to provide all ELC and SAC subsidy schemes at existing capitation and subsidy rates during. These include the National Childcare Scheme (NCS), Community Childcare Subvention Plus (CCSP) Saver Programme, Training and Employment Childcare (TEC) Saver Programme and the Early Childhood Care and Education (ECCE) Scheme.
Given the significant financial supports being made available to ELC and SAC providers, I have asked that providers make arrangements to waive or refund fees to parents who cannot take up services at this time. The Department has been made aware of many ELC/SAC providers who are waiving fees for any parents who are not taking up places and welcomes this.
Funding arrangements for February are currently being finalised and will be publicised shortly.
For parents who work in essential services or parents of vulnerable children who wish to access an ELC place at this time, new applications for the National Childcare Scheme continue to be accepted during this time. City/County Childcare Committees can assist those who need a childcare place to find one locally.
188. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth when it is planned to introduce the increase in parental leave from two to five weeks promised in Budget 2021; the reason for the delay; and if he will make a statement on the matter. [4844/21]
View answer189. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the status of the promised legislation which will extend parent’s leave from two to five weeks in addition to the development of the information technology system to process the benefit; when this extension of parent’s leave will be fully implemented; and if he will make a statement on the matter. [4867/21]
View answer190. Deputy Gary Gannon asked the Minister for Children, Equality, Disability, Integration and Youth the status of enacting legislation to increase paid parent’s leave from two to five weeks for each parent of all children born or adopted on or after 1 November 2019; the steps he is taking to bring forth this legislation quickly; if there is an expected timeline; and if he will make a statement on the matter. [4968/21]
View answer191. Deputy Mairéad Farrell asked the Minister for Children, Equality, Disability, Integration and Youth the date by which the parent's leave and benefit announced in the budget will be introduced. [4976/21]
View answerI propose to take Questions Nos. 188 to 191, inclusive, together.
The Parent’s Leave and Benefit Act 2019 introduced two weeks of paid Parents' Leave for each parent to be taken in the first year after the birth or adoptive placement of a child. Under proposals approved by Government in December 2020, each parent will be given an additional three weeks of paid Parents' Leave, and the period in which it can be taken will be extended to the first two years after the birth or adoptive placement of a child. Legislation is currently being developed to provide for the additional weeks of Parents' Leave and it is anticipated that the legislation will be introduced in early 2021.Payment of Parents’ Benefit is a matter for the Minister for Social Protection, and I understand that it will take time for the relevant IT system changes to be made. As a result, the estimated timescale for the necessary updates being put in place is April 2021.
192. Deputy Willie O'Dea asked the Minister for Further and Higher Education, Research, Innovation and Science the employment status of a person (details supplied); and if he will make a statement on the matter. [4715/21]
View answerThe employment status of the individual referred to by the Deputy is a matter for the relevant higher education insitution as the employer and it is therefore not appropriate for me to comment on the position.
193. Deputy Claire Kerrane asked the Minister for Further and Higher Education, Research, Innovation and Science if educational courses that require placements are seeking public health advice before asking students to go ahead with such placements; if not, if he will request that such advice be sought on behalf of students to ensure their health and safety; and if he will make a statement on the matter. [4829/21]
View answer196. Deputy Seán Canney asked the Minister for Further and Higher Education, Research, Innovation and Science his plans to assist students in third-level education who cannot access placements due to Covid-19 restrictions; his plans to put alternative proposals in place; and if he will make a statement on the matter. [4743/21]
View answerI propose to take Questions Nos. 193 and 196 together.
I appreciate that this is a time of considerable stress and concern for third level students and the challenging and stressful circumstances that students are facing are being taken into account by Higher Education institutions as they adapt and respond to the changing situation. This includes the consideration of issues around work placements for students. The national co-ordination group for further and higher education is also meeting on a regular basis, and is closely monitoring the impact that Covid-19 is having on third level institutions and their students.
From the onset of the Covid-19 pandemic, significant work has been undertaken by a stakeholder group chaired by Quality and Qualifications Ireland (QQI), and including the representative bodies of education providers and students to address issues relating to the maintenance of the quality and standards of:
- teaching and learning,
- assessment, and
- qualifications.
This group has focused on the implementation of alternative arrangements and methods of delivery, where appropriate and necessary, to meet both these standards and, where applicable, the educational accreditation criteria established by Professional Recognition Bodies (PRBs).
The government’s Roadmap for Reopening Society and Business and Resilience and Recovery 2020-2021, Plan for Living with COVID-19, combined with the HSA Return to Work Protocols and ongoing Public Health advice, provide the over-arching framework for all sectors of society for the operation of their facilities and premises in keeping with public health advice.
Specific to further and higher education, the government has also published “Guidance for Further and Higher Education for returning to on-site activity in 2020: Roadmap and COVID-19 Adaptation Framework for returning to on-site activity in autumn 2020” accompanied by “Implementation Guidelines for Public Health Measures in Higher Education Institutions (HEIs)” and outbreaks protocols developed in collaboration with experts within the higher education sector and with the Department of Health. This suite of guidance provides robust advice to higher and further educational facilities on COVID-19 prevention measures, implementation of which will minimise the risk of infection for all students and staff. Further and Higher Education Institutes should adapt and customise these recommendations for their own particular settings, adhering at all times to the overarching Public Health principles on which the guidance is predicated.
As Higher Education Institutions are autonomous, and as such are academically independent and are entitled to regulate their own academic affairs and administrative processes, including in relation to placement arrangements, and as there are a wide range of courses with work placement options, students are encouraged to approach their institutions directly if they have any queries in relation to their work placements.
However, my Department is continuing to work with all stakeholders to identify mitigating actions which can be implemented.
194. Deputy Réada Cronin asked the Minister for Further and Higher Education, Research, Innovation and Science if he will request UCD to accede to the demands of certain master's degree student for a 30% fee cut given the abnormal circumstances of the academic year and financial pressure on their parents; and if he will make a statement on the matter. [4589/21]
View answerThe fee payable by a student can vary depending on a variety factors including the type of course and the student's access route including previous education.
Higher education institutions are autonomous institutions as provided for in legislation. The determination, as to the total level of fees to be charged for postgraduate course is a matter for each institution in accordance with its own particular operational conditions and circumstances in ensuring quality education provision.
Higher education institutions report that the actual cost of delivering such programmes has not reduced as a consequence of the pandemic and have experienced a range of additional costs in continuing to deliver programmes during the unique circumstances of the pandemic.
I am very aware of the difficulties facing students during this pandemic. In general there is a real requirement in these exceptional times to have a responsive approach to student needs wherever possible and it is important to acknowledge that HEIs have to date shown enormous willingness to be responsive in numerous ways. I would encourage all students to engage with their institution to discuss any issues in relation to their course, including fees.
In recognition of the challenges facing full time third level students, financial assistance will be provided in academic year 2020/21 to all students who avail of SUSI grants and to all EU full-time undergraduate and postgraduate students attending publicly funded Higher Education Institutions in the state.
Under this initiative students who avail of the SUSI grant will receive a €250 top-up in their grant and 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.
This builds on the additional supports announced in July including a doubling of the Student Assistance Fund, a €15 million technology fund for devices for students in further and higher education and an additional €3m provided for investment in supports for mental health services and well-being initiatives.
195. Deputy Neasa Hourigan asked the Minister for Further and Higher Education, Research, Innovation and Science his plans to introduce a return of service arrangement for those studying graduate entry medicine allowing for a waiving of student fees in return for working in the HSE for a set period of time; and if he will make a statement on the matter. [4716/21]
View answerMatters relating to the introduction of a scheme to provide for tuition fee funding to students in return for future clinical years in the HSE is matter for the Department of Health.
It is important to reflect upon the supports provided to students and the basis of the fees charged by institutions. The fee payable by a student can vary depending on a variety factors including the type of course and the student's access route including previous education. Entry to medicine in Irish HEIs is provided through both undergraduate and graduate entry routes.
Under the Department's Free Fees Initiative, the Exchequer pays tuition fees on behalf of eligible first time undergraduate students attending approved full-time undergraduate courses (including medicine courses). In order to qualify for funding under the Department’s Free Fees Initiative, students must meet the criteria of the scheme including previous education attainment.
Graduate Entry Medicine (GEM) is one of the pathways to study undergraduate medicine. One of the recommendations of the Fottrell report (2006) was the introduction of a new graduate entry medicine programme (GEM). Students pursuing GEM programmes do so as second degree courses and consequently are not eligible for free fees funding or for student grants.
However, in order to widen access to GEM programmes, and give assistance towards the financial burden on each student pursuing these programmes, the fees of participating EU students are partly subsidised by the State via the HEA. Currently, the subsidy is €11,200 per student (2019/20 academic year) with the balance of fees payable by the student.
Higher Education Institutions are autonomous bodies and are responsible for their own day-to-day management and operational affairs, including the management of academic affairs. They retain the right to determine their own policies and procedures. The total level of fees to be charged in the case of GEM fees are therefore solely a matter for the relevant institution to determine in line with its own criteria. As I have referenced above, the provision of a scheme linked to future clinical years working in the HSE is a matter for the Department of Health to consider.
197. Deputy Aindrias Moynihan asked the Minister for Further and Higher Education, Research, Innovation and Science the number of male and female apprentices, respectively in County Cork; the measures being examined to further increase the number of female participants; when the Action Plan on Apprenticeships will be implemented; and if he will make a statement on the matter. [4928/21]
View answerIn accordance with the Programme for Government, a new Action Plan for Apprenticeship is in development to cover the period 2021-2025 with a target of 10,000 apprenticeship registrations per annum by 2025. The plan will also set out how the apprentice population will more closely reflect the general population and further address the issue of barriers to participation in apprenticeship by under-represented groups by offering targeted supports.
At the end of December 2020, there was a total of 2,384 apprentices registered with Cork based employers, of these 2,272 were male and 112 female.
In January 2021, there were a total of 1,032 women apprentices, up from 60 in 2016. This increase is mainly due to the expansion of apprenticeship into new areas. Many of these new programmes are in occupations that have greater gender balance in the workplace such as financial services where 51% of participants are female across the four apprenticeships in the sector. Women also feature more strongly in the new apprenticeships in the hospitality, ICT and logistics sectors. However, it is also important to note that female representation in craft apprenticeship has doubled in the last two years and participation in industry areas such as Polymer Processing Technology, Manufacturing and Engineering is also increasing.
SOLAS conducted a review on Pathways to Participation in Apprenticeship which was published in 2018. It highlighted 5 areas for action to overcome barriers to apprenticeship and facilitate the inclusion of diverse groups including women and implementing the actions as outlined in the report is ongoing. A review of the current position of the Pathways to Participation in Apprenticeship findings and recommendations together with findings from stakeholder’s submissions is being used to inform the new Action Plan which will be finalised in the coming weeks.
Current initiatives underway include:
- A specific focus on female participation as part of the Generation Apprenticeship national promotional campaign. From Monday 25 January, SOLAS are running a media campaign over 3 weeks promoting the apprenticeship route and celebrating diversity and the 1000th female apprentice
- SOLAS offers a bursary of €2,666.44 to eligible employers, to encourage them to employ female apprentices in one of the craft apprenticeships.
- A Software Developer Associate Apprenticeship programme for women only commenced in November 2019. It is a 2 year course and is offered at level 6 on the National Framework of Qualifications. The off the job training is being delivered by Liberties College who are under the remit City of Dublin Education and Training Board.
- The recently published review of career guidance encourages the consideration of apprenticeship options by all second level students regardless of gender.
- A total of 300 learners availed of dedicated pre-apprenticeship training in 2019, growing to 580 places in 2020.
- Almost 1,000 employers have registered with www.apprenticejobs.ie which is designed to increase visibility of opportunities for all potential apprentices.
- Broader approaches to widening access to apprenticeships also include developing links between Youthreach and Community Training Centre (CTC) provision.
- The roll out of the 2020 Generation Apprenticeship competition at second level reached 156 second level schools, Youthreach Centres and Community Training Centres.
- A new user-friendly and interactive website to provide information on, and increase awareness of, apprenticeship was launched in October 2020 (www.apprenticeship.ie)
198. Deputy Paul Murphy asked the Minister for Justice the remedy available to residents who discover that their owners’ management company has not established a sinking fund contrary to the Multi-Unit Development Act 2011. [4617/21]
View answer199. Deputy Paul Murphy asked the Minister for Justice the remedy available to residents who discover that their owners’ management company has not held an AGM within the timeframe set out in the company constitution and according to the relevant legislation. [4618/21]
View answerI propose to take Questions Nos. 198 and 199 together.
In the Programme for Government, the Government has committed to conduct a review of the existing management company legislation. My Department will engage with relevant Departments in relation to advancing this matter.
The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Acts, the members of which are the owners of residential units within the development, which are established for the purposes of ownership and management of such common areas.
Insofar as the enforcement of any right conferred, or obligation imposed, by the Act is concerned, sections 24 and 26 provide that a person may apply to the Circuit Court for an order to enforce any such right or obligation. Section 25 defines the persons who may apply for, or appear and be heard at, an application for a court order under section 24. They include the developer, the OMC, an owner of a residential unit in the development (i.e. a member of the OMC) or such other person as the court sees fit. The Court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the development concerned. The Act also contains provisions which encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.
More generally, statutory provisions governing the regulation of companies, including those concerning the memorandum and articles of association, the appointment and responsibilities of directors and requirements for submitting annual financial returns, are set out in the Companies Acts.
200. Deputy Róisín Shortall asked the Minister for Justice the procedure in place at Dublin Airport and ferry ports to check PCR test certificates for incoming passengers; if her attention has been drawn to reports that at the moment there is very little checking of certificates by INIS officials; if she has discussed this matter with her counterpart in the Northern Ireland Executive in order to put in place an all-island approach; and if she will make a statement on the matter. [4543/21]
View answerFrom midnight on 15 January 2021, all passengers arriving into Ireland by air or ferry are required to produce evidence of a negative/not detected RT-PCR Covid-19 test, taken up to 72 hours prior to arrival.
Regulations under the Health Act 1947 underpin these new requirements. Under these Regulations, passengers are legally required to produce evidence of a negative/not detected result from an RT-PCR Covid-19 test when boarding a ferry or aircraft and will be denied boarding by the carrier if they cannot produce such evidence unless they fall into the very limited exemption categories.
Checks of evidence of a negative/not detected RT- PCR Covid-19 test on all arriving passengers into the State are carried out by Immigration Officials of the Border Management Unit of my Department and An Garda Siochana at ports of entry to the State. All cases where a test result is not available, or where the authenticity of the test result documentation is queried, are referred for further investigation to An Garda Siochana who have a presence at all approved ports of entry to the State. Since the introduction of these regulations on 16 January 2021, in excess of 150 such cases have been referred to An Garda Siochana for further investigation at ports of entry nationwide.
Passengers who arrive in an Irish port or airport without evidence of a negative/not detected test result or with a confirmed fraudulent test result will commit an offence and may be subject to prosecution, punishable by a fine not exceeding €2,500 and/or imprisonment for a term not exceeding 6 months, or both. In such cases An Garda Síochána who will prepare a file for the Director of Public Prosecutions.
I am advised by my colleagues, the Minister for Foreign Affairs and the Minister for Health that North-South contact and cooperation on the island is ongoing at both operational and political level. As public health measures are under constant review in both jurisdictions, these North-South collaborative arrangements remain important.
Both administrations are seeking to adopt similar approaches, where it is appropriate to do so and on the advice of our respective Chief Medical Officers. This approach is underpinned by a Memorandum of Understanding (MOU) agreed by the Chief Medical Officers of the Department of Health and the Department of Health in Northern Ireland to strengthen North South co-operation on the public health response to the COVID-19 pandemic. In November, this overarching agreement was supplemented with a further MOU in relation to a framework for mutual support for the provision of critical care.
The Government continues to work in close contact and cooperation with the British Government and the Northern Ireland Executive, with the active involvement of health administrations in both jurisdictions, through regular conference calls and close contact between our respective Chief Medical Officers, including within the framework of the MOU.
In the coming period, officials from both jurisdictions will continue to exchange views to foster commonality in their approach, where possible.
