Wednesday, 3 Feb 2021

Written Answers Nos. 542-569

Apprenticeship Programmes

Questions (542)

Bríd Smith

Question:

542. Deputy Bríd Smith asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 288 of 21 January 2020, if his attention has been drawn to the fact that the inability of SOLAS to provide apprenticeship placements under current circumstances is resulting in delays of 15-plus months to apprentices receiving the necessary qualifications and that as a result their earnings are being severely affected (details supplied); if his attention has been further drawn to the fact that SOLAS is insisting on paying third-year apprentices the second-year rate of payment due to the delay in attaining the previous year's placements and qualifications; if he will request SOLAS to rectify this payment rate and ensure all third-year apprentices receive the hourly rate they are entitled to when on placements; the number of third-year apprentices in the various trades who are currently receiving lower rates of payment than they would ordinarily receive; his plans to address this loss of income for apprentices; and if he will make a statement on the matter. [5722/21]

Written answers

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science

Apprenticeship is undertaken under a contract of employment. The rates of pay for the 25 craft apprenticeship programmes are agreed by the partners within the relevant sector, or are set out in Sectoral Employment Orders (Construction Sector and Mechanical Engineering Building Services Contracting Sector). Rates vary between occupations and sectors but in all cases craft apprenticeship rates are expressed as a proportion of the qualified rate, increasing yearly from 33% of the qualified rate in year one to 90% in year four. Payment is also based on attainment of relevant skill, knowledge and competence achieved after successfully completing each phase of training. The most up to date rates are at the following link.

ETBs pay a training allowance to craft apprentices undertaking periods of off-the-job training.  This training allowance is equivalent to the relevant agreed rate of pay and is paid in addition to either a travel or an accommodation allowance. For the period of off-the-job training, apprentices who have experienced a delay in their apprenticeship may be paid a training allowance at a rate which is one point higher than the rate normally assigned to that phase. This payment is in line with SOLAS internal procedures which govern apprenticeship operations and is currently being implemented across each Education and Training Board, Institutes of Technology, and Technological Universities.

The Department, SOLAS and the HEA are working closely with further and higher education providers around the country to add the maximum amount of training capacity possible.  Online learning and opportunities to step up the delivery of blocks of training are all being worked on with the objective of tackling the waiting lists and ensuring that apprentices complete their training as quickly as possible.

SSHA

Student Accommodation

Questions (543)

Rose Conway-Walsh

Question:

543. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the average rent per student in purpose-built student accommodation; and if he will make a statement on the matter. [5723/21]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

The information requested by the Deputy is not available, as data on rent paid by students for purpose-built student accommodation is not collected.

Third Level Examinations

Questions (544)

Gary Gannon

Question:

544. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science his views on in-person testing assessments under level 5 restrictions in further and higher education institutions; his views on whether the practice is in line with public health advice; and if he will make a statement on the matter. [5784/21]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

At present, the Level 5 measures designate higher and further education as essential insofar as onsite presence is required for education activities that cannot be held remotely. In overall terms, the sectors have rapidly adjusted to a more restrictive environment again, with all further and higher education institutions conducting the vast majority of their provision online. The balance between on-site and online provision has been subject to continuous change in order to safeguard students, staff and the communities in which institutions are located. Reflecting the recent deterioration in the Covid-19 situation, FET and HE providers are adapting and using their discretion to restrict onsite attendance further, only allowing the most essential work to take place onsite. Institutional and provider determinations regarding onsite activities are focused on activities that are not capable of being delivered through alternative means and are time-critical for students and learners during this period.

There is a high level of autonomy in the sector and therefore it is not within my remit to determine assessment policies. However, I appreciate that the circumstances of this past year have been both challenging and stressful to students, and institutions are taking this into account in assessment design and implementation. At the same time, institutions must ensure that the assessment methods being used satisfy the requirements of professional or accrediting bodies, and external examiners, so that the integrity of the assessment process will not be compromised, thus maintaining confidence and transparency in the quality of the qualifications awarded.

Student Support Schemes

Questions (545)

Gary Gannon

Question:

545. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of providing the once-off €250 student payment to students in one-year pre-university access courses and foundation courses; and if he will make a statement on the matter. [5785/21]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

As the Deputy will be aware, 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.  

The specific information requested by the Deputy is not available at this time. The scheme costs were determined in consultation with the HEA, SUSI and the Higher Education Institutions reflecting the student numbers deemed within the scope of the funding allocation. The support is to be provided to full-time EU undergraduate and postgraduate students who would ordinarily be registered as such on the Students Records System (SRS) as at 1 November 2020 in the eligible institutions.

Under this initiative students who avail of the SUSI grant will receive a €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.

This initiative 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.

Higher Education Institutions

Questions (546)

Matt Shanahan

Question:

546. Deputy Matt Shanahan asked the Minister for Further and Higher Education, Research, Innovation and Science the allocation to each of the 23 higher education institutions in respect of the fund announced on 22 January 2021 to assist students with disabilities; the computational method used to determine allocations in tabular form; and if he will make a statement on the matter. [5872/21]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

The strategic initiatives to which the Deputy refers, form part of the funding envelop for the Fund for Students with Disabilities (FSD) and will support the overall development of disability services in higher education institutions. The process by which the funding was allocated involved a call for proposals from HEIs who had available FSD funding which they wished to re-orient for strategic projects.  

HEIs were invited to submit proposals which supported the concept of universal design for learning, the embedding of disability supports throughout individual institutions and/or collaboration between HEIs to develop materials which complement existing disability support services.

A total of 23 higher education institutions (HEI) were granted approval for strategic initiatives amounting to €5.4m. 

The FSD, which has been in existence since the 1990s, aims to support students with a range of conditions and disabilities including sensory and physical disabilities, specific learning difficulties such as dyslexia, autism, mental health conditions and significant ongoing illness.

A breakdown of the €5.4m by project and by HEIs is provided in the attached file. Approval of proposals is subject to submission of revised project plans from each HEI to the Higher Education Authority.

[<a href="https://data.oireachtas.ie/ie/oireachtas/debates/questions/supportingDocumentation/2021-02-03_pq546-03-02-21_en.docx">FSD</a>]

Questions Nos. 547 and 548 answered with Question No. 520.

Third Level Fees

Questions (549)

Verona Murphy

Question:

549. Deputy Verona Murphy asked the Minister for Further and Higher Education, Research, Innovation and Science the status of tuition fees; if these fees have been finalised for Irish students considering their options to take up third level education in a UK university for the 2021-22 academic year; and if he will make a statement on the matter. [5967/21]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

In accordance with Memorandum of Understanding on the Common Travel Area, which was signed in 2019 by the Irish and UK Governments, Irish students will not be liable for international fees should they choose to study in the UK.

The fees charged will be in line with the 'home' fees paid by UK nationals, which is up to £4,375 in the case of those studying in Northern Ireland and up to £9,250 in the case of all other Devolved Administrations. 

It is also noted that the Scottish Government has confirmed it will be changing its current fee structure for Irish higher education students following the UK’s exit from the EU.

Irish undergraduate students registering with Scottish higher education institutions will be liable for fees from August 2021.

This does not affect Irish students who are currently registered on Higher Education programmes in Scotland.

This decision is disappointing but I appreciate that this decision is as a result of legal advice given to the Scottish Government. 

Students who are considering commencing study in Scotland in 2021 should contact their chosen higher education institution to establish the fees which will apply.

I will continue to work with my Scottish counterpart to develop co-operation between Ireland and Scotland in the areas of further and higher education and research, including through the new Ireland-Scotland Review.

I also wish to advise that as part of the Brexit Omnibus Act 2020, eligible Irish students will maintain access to SUSI grants should they decide to study in UK higher education institutions.  In addition, students seeking to pursue their studies in Scotland should contact the Student Awards Agency Scotland to explore further finance options.

Question No. 550 answered with Question No. 520.

Covid-19 Pandemic

Questions (551, 552)

Seán Haughey

Question:

551. Deputy Seán Haughey asked the Minister for Justice if she will permit on-site viewings in respect of house sales and purchases in order to prevent future problems in the housing market; and if she will make a statement on the matter. [5065/21]

Francis Noel Duffy

Question:

552. Deputy Francis Noel Duffy asked the Minister for Justice if she will permit physical home viewings in adherence with public health guidelines. [5266/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 551 and 552 together.

The Minister for Health is primarily responsible for our overall national COVID-19 strategy.  The Property Services Regulatory Authority (PSRA) is the statutory body established under the Property Services (Regulation) Act 2011, with responsibility to licence and regulate property services providers (auctioneers, estate agents, letting agents and property management agents). 

To be of assistance I have contacted the Property Services Regulatory Authority (PSRA) who have supplied the following information about the current guidance developed by them in this regard. 

On 19 May 2020, the PSRA in association with the Institute of Professional Auctioneers & Valuers (IPAV) and the Society of Chartered Surveyors Ireland (SCSI) issued the Joint Sector Protocol for Property Services Providers (PSPs). The Protocol is intended to ensure strict precautions are taken to provide the highest standards of safety in the sales, lettings, valuations and managements of properties in the best interest of clients, consumers, employees, employers and those who are categorised as being at risk or at high risk of Covid-19.

This document gives detailed guidelines for consideration prior to arranging a viewing of a property, what happens during a viewing, post viewing tasks and what to do when a rental agreement is reached including: 

- Confirm whether a respective client is cocooning or in an at risk category and if so, identify any additional precautionary measures that may be required.

- Agree with the owner/occupier that they will not be in the property at the time of viewing.

- Agree with owner/occupier and note all touch points in the dwelling for the property service provider (PSP) to sanitise after viewing (e.g. door handles, light switches etc.).

- Agree with owner/occupier the use of official Covid-19 signage at locations throughout the property to act as a useful reminder to viewers to follow the HSE rules.

- Pre-booked private appointment viewings only.

- Contact viewer(s) in advance to confirm booking and advise of controls in place and that HSE Covid-19 official instructions must be adhered to during viewings.

- PSPs should ask viewers to remain a reasonable distance from the property (e.g. remain in car) until given permission by the PSP to enter the property.

Following on from the Government's publication of the Plan for Living with Covid-19, the PSRA in association with IPAV and SCSI published the Property Services Providers Guidance to implementing the Plan for Living with Covid-19, which sets out additional measures to be undertaken at the different levels outlined within the Plan.  An updated version of this Guidance issued in January 2021 to take into account the enhanced restrictions in place.  This Guidance outlines that viewings by the public of properties for sale are permitted by appointment only where:

- The property has gone sale agreed and contracts for sale drafted.

In these circumstances, viewings by one party of two people from the same household is only permitted and properties must be unoccupied at the time of appointment.

The following arrangements apply for property for rent:

- Properties to be viewed online.

- No viewings in person permitted except:

- Where the potential tenant has been offered the property. Viewing of the property takes place prior to signing of the lease and payment of a security deposit.

- In emergency circumstances.      

In these circumstances, viewings by one party of two people from the same household is only permitted.

Both the Protocol and the Guidance are subject to the Government, HSE and Department of Health guidelines on these matters. The full documents are available to view on the Property Services Regulatory Authority website at: www.psr.ie.

Citizenship Applications

Questions (553)

Seán Canney

Question:

553. Deputy Seán Canney asked the Minister for Justice if she will fast-track legitimate citizenship applications by front-line workers who have come here and are contributing to the fight against Covid-19; and if she will make a statement on the matter. [5068/21]

Written answers

Minister for Justice

I 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 recently announce 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 4,000 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.

Leave to Remain

Questions (554)

Bernard Durkan

Question:

554. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [5069/21]

Written answers

Minister for Justice

The immigration case of the person concerned was finalised by the Immigration Service of my Department on 29 October 2019. Leave to remain in the State was refused and a Deportation Order was made. That Order was served on the person concerned by registered post dated 10 January 2020, which was sent to their last notified address. This communication was also copied to their legal representative on the same date. 

The Deportation Order remains valid and in place and, as such, the person concerned remains legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau (GNIB). The enforcement of a Deportation Order is an operational matter for GNIB. 

It is open to any person subject of a Deportation Order to make a request, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. The request would need to be founded on some material change in the person’s circumstances which has arisen since the original decision to deport was made. Where such a request is made, the outcome of that request will be that the existing Deportation Order will either be 'affirmed' or 'revoked'.  

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. 

Covid-19 Tests

Questions (555, 556)

Patrick Costello

Question:

555. Deputy Patrick Costello asked the Minister for Justice the number of not detected PCR tests officials have checked and registered at Dublin Airport since 16 January 2021. [5098/21]

Patrick Costello

Question:

556. Deputy Patrick Costello asked the Minister for Justice if her Department has identified fraudulent PCR results presented at Dublin Airport; and if so, the number. [5100/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 555 and 556 together.

From 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 Síochána 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 Síochána who have a presence at all approved ports of entry to the State.

Since the introduction of these Regulations on 16 January 2021, there have been 36,820 arrivals at Dublin Airport, with 150 cases (0.41%) referred to An Garda Síochána for further investigation. No cases of suspected fraudulent test results have been referred to An Garda Síochána for further investigation at Dublin Airport.

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 will prepare a file for the Director of Public Prosecutions.

Garda Stations

Questions (557)

Peadar Tóibín

Question:

557. Deputy Peadar Tóibín asked the Minister for Justice when a Garda station will be provided in Ratoath, County Meath, in view of the fact that Ratoath is the largest town without a Garda station. [5193/21]

Written answers

Minister for Justice

As the Deputy will appreciate, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW. Further, the allocation of Garda resources and personnel are purely operational matters for the Commissioner. As Minister, I have no role in the provision or decisions relating to the provision of Garda resources, including stations.

I am informed by the Garda authorities that the current Garda Building and Refurbishment Programme, which runs to this year, is based on agreed Garda priorities and covers over 30 locations around the country, supported by significant Exchequer funding across the Garda and OPW Votes.

I am further informed that, while the development of a Garda Station in Ratoath is not part of the current programme, the determination of the need for a new Garda Station in Ratoath, or in any other location, will be considered by An Garda Síochána in the context of the overall accommodation requirements arising from the ongoing expansion of the Garda workforce, ‘A Policing Service for our Future’ (APSFF), and the implementation of the new Garda Operating Model, which will inform the accommodation priorities of An Garda Síochána over the years 2022-2028.

Gambling Sector

Questions (558)

Thomas Gould

Question:

558. Deputy Thomas Gould asked the Minister for Justice the status of the engagement of the Minister for State with responsibility for law reform with an organisation (details supplied); and if a temporary funding stream has been found. [5211/21]

Written answers

Minister of State at the Department of Justice

While no budget provision currently exists within the responsibility of my department for individual projects of this nature, the new gambling legislation will likely provide for the establishment of a Social Fund – financed by levies on licensed operators – to provide funding for information and research campaigns and, critically, to assist appropriate addiction treatment and prevention programmes.

As the Deputy will be aware, the Programme for Government commits to the establishment of a gambling regulator focused on public safety and wellbeing, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. This commitment is clearly directed towards the protection of the public and the regulator will have a major role in this regard.

Work on the preparation of comprehensive new gambling legislation is underway in my department. That work will have regard to the recommendations in the Report of the Inter-Departmental Working Group on the Future Licensing and Regulation of Gambling in Ireland, approved by Government in March 2019, and other relevant developments and reports.

The Working Group Report recommends that the licensing and regulatory functions for all forms of gambling will be the responsibility of an independent gambling regulator which would be self-financing insofar as possible through fees and levies imposed on licensed gambling operators.

A modern and effectively regulated gambling environment will ensure, to the greatest extent possible, that gambling will be a safe, fair and entertaining activity for the majority of those who choose to take part in it. It must provide enhanced consumer protection for players while limiting to the greatest extent possible the harmful effects on young people and those who may be susceptible to addiction.

My predecessor hosted a major seminar on the future licensing and regulation of gambling at Farmleigh House in May 2019, bringing together a large number of interested and concerned stakeholders to discuss the Report of the Working Group and further developments. The next stage of engagement will take place following the publication of the General Scheme of the Bill later in the year.

Finally, as the Deputy will be aware, responsibility for addiction treatment rests with my colleague the Minister of Health.

Liquor Licences

Questions (559)

Thomas Gould

Question:

559. Deputy Thomas Gould asked the Minister for Justice her plans to progress legislation on alcohol licensing in view of the upsurge in drink deliveries due to the Covid-19 pandemic. [5212/21]

Written answers

Minister for Justice

There is a commitment in the Programme for Government to modernise our licensing laws and application processes and this is under consideration in my department.

I understand the concerns that people have in relation to the purchase for delivery of alcohol products and I am very conscious of the detrimental effects of alcohol dependency on families and society.

While there is no dedicated licence for online sales of intoxicating liquor, licensees of licensed premises may engage in online sales subject to certain restrictive conditions.

As matters stand, under existing legislation where alcohol is purchased online, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons.

Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so.

Section 31 of the Intoxicating Liquor Act 1988, as amended, makes provision for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission.

In conclusion, there is substantial existing legislation to regulate the delivery of alcohol services in Ireland. However, I do appreciate that, with the Covid-19 outbreak, habits of consumers have been affected and the share of purchases online has increased. These changes may be temporary or they may be the beginning of longer term trends. It is perhaps too early to tell what impacts these changes may have and whether increased online sales and delivery of alcohol will, on balance, provide increased convenience and choice to consumers or have negative impacts on society that require further regulation. I intend to keep the matter under review and will consider it further in the context of the wider reform of licensing law.

Crime Data

Questions (560)

Thomas Gould

Question:

560. Deputy Thomas Gould asked the Minister for Justice the number of prosecutions and arrests under legislation regulating learner drivers in tabular form. [5215/21]

Written answers

Minister for Justice

I have requested a Garda report on the figures requested by the Deputy. I will write to the Deputy once the report is received.

Crime Data

Questions (561, 562)

Thomas Gould

Question:

561. Deputy Thomas Gould asked the Minister for Justice the number of prosecutions and arrests under legislation regulating the supply of a vehicle to a person with a learner permit to drive unaccompanied. [5216/21]

Thomas Gould

Question:

562. Deputy Thomas Gould asked the Minister for Justice the number of prosecutions and arrests relating to the supply of a vehicle to a person under 16 years of age. [5217/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 561 and 562 together.

I have requested a Garda report on the figures requested by the Deputy. I will write to the Deputy once the report is received.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Questions Number 561 and 562 which were for answer on 3 February 2021, in which you asked for “the number of prosecutions and arrests under legislation regulating the supply of a vehicle to a person with a learner permit to drive unaccompanied” and “the number of prosecutions and arrests relating to the supply of a vehicle to a person under 16 years of age.” 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.

Further information has now been provided by An Garda Síochána and the Courts Service.

As you are aware, the Road Traffic (Amendment) Act 2018, also 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 there were 6,294 incidents in which drivers have had their vehicles seized under the Clancy Amendment for driving unaccompanied by a qualified driver since the legislation was introduced on 22 December 2018.

The table included at Appendix 1, furnished to me by the Courts Service, sets out the number of registered vehicle owners penalised by the court per year for allowing their vehicle to be driven by an unaccompanied learner driver.

The table included at Appendix 2, which was furnished to me by the Garda authorities, sets out the number of Fixed Charge Notices issued in relation to Learner Driver Offences for 2016-2020.

In relation to the number of prosecutions and arrests relating to the supply of a vehicle to a person under 16 years of age you will appreciate that road traffic legislation falls within the remit of my colleague, the Minister for Transport.

I am informed that under section 30 of the Road Traffic Act 2004, it is an offence to supply a mechanically propelled vehicle (a) to a person who is under the age of 16 years, or (b) other than a mechanically propelled vehicle in respect of which a person who has attained the age of 16 years is entitled to hold a driving licence to drive, to a person who is under the age of 17 years. Section 30 (2) provides that a person found guilty of the above offence is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both. In this section “supply”, includes supply by way of sale, hire, loan, gift, or other means of making the vehicle available to a person.

Under the provisions of the Courts Service Act 1998, the management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. This includes the provision of information on the courts system.

However, in order to be of assistance, I have made appropriate enquiries and the Courts Service has advised that the table included at Appendix 3 sets out the number of prosecutions for the supply of a motorised vehicle to a person under 18 years of age between the years 2010 up to January 2021.

I trust this information is of assistance.

Appendix 1

The number of prosecutions and arrests under legislation regulating the supply of a vehicle to a person with a learner permit to drive unaccompanied

Year	No of persons before the court	No of persons convicted
Jan – Dec 2019	26	8
Jan – Dec 2020	24	7

Report is based on 35A(1)(a) and (3) of the Road Traffic Act 1961 (as inserted by section 5 of the Road Traffic (Amendment) Act 2018) which covers the following offences:

- Vehicle Owner Allow Vehicle to be Driven (No Driving Licence/Learner Permit

- Vehicle Owner Allow Learner Driver Use Vehicle Unaccompanied

Report displays no of persons before the court and the no of persons convicted.

Note 2: The Court Service can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.

Appendix 2

The number of Fixed Charge Notices issued in relation to Learner Driver Offences for 2016-2020

Offence Description	2016	2017	2018	2019	2020
Non Display of L plate (Learner Driver)	3899	3904	3416	3845	4148
Learner Driver Unaccompanied by a Qualified Driver	5812	6222	5187	6145	6709
Non Display of L tabard on motorcycle	73	98	97	110	174

Penalty point measures in effect from 8 December 2014 relating to learner and novice drivers support the road safety measures in Ireland’s Graduated Driver Licensing system (GDL).

Figures are based on incidents which occurred from 2016-2020 inclusive. All information contained in this report is based upon operational data from the PULSE and FCPS systems as was available on 28 January 2021 and is provisional, operational and subject to change.

Appendix 3

The number of prosecutions for the supply of a motorised vehicle to a person under 18 years of age between the years 2010 up to January 2021

Year	No. offences	Orders
Year	No. offences	Orders
Jan – Dec 2017	1	Struck Out
Jan – Dec 2019	1	Withdrawn

The Courts Service can only provide data where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided above.

Road Traffic Offences

Questions (563, 564)

Thomas Gould

Question:

563. Deputy Thomas Gould asked the Minister for Justice the number of road traffic collisions involving underage drivers in each of the years 2010 to 2020, in tabular form. [5221/21]

Thomas Gould

Question:

564. Deputy Thomas Gould asked the Minister for Justice the number of road traffic collisions involving learner drivers in each of the years 2010 to 2020, in tabular form. [5222/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 563 and 564 together.

I have requested a Garda report on the figures requested by the Deputy. I will write to the Deputy once the report is received.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Questions 563 and 564 which were for answer on 3 February 2021, in which you asked “the number of road traffic collisions involving underage drivers in each of the years 2010 to 2020, in tabular form” and

“ the number of road traffic collisions involving learner drivers in each of the years 2010 to 2020, in tabular form”

You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the information was available.

I am advised by the Garda authorities that the Garda Síochána Analysist Service (GSAS) have examined all Fatal, Serious and Non-Serious Road Traffic Collisions for the period from 1 January 2010 to 31 December 2020.

I am further advised that motor vehicles in Ireland are divided into different categories for different licensing purposes and different age limits apply depending on the license category required. The license category entitlements of each driver or motorcyclist is not information that is readily examinable and would involve a manual trawl through Pulse records. As a result, GSAS have used a cut-off of the age limit for each under-age driver of 17 years.

For your information the attached table at Appendix 1, as provided to me by the Garda authorities, sets out the number of collisions involving drivers or motorcyclists falling under the age of 17 for the years 2010 to end December 2020.

The table attached at Appendix 2, as provided to me by the Garda authorities, sets out the number of collisions involving drivers or motorcyclists holding a provisional licence for the years 2010 to end December 2020. For clarity, provisionally licensed drivers include both learner accompanied and learner unaccompanied drivers.

I trust this information is of assistance.

Appendix1

The number of collisions involving drivers or motorcyclists under the age of 17

	2010	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020
Under-aged Drivers	31	20	24	18	21	20	26	18	26	26	29

* All figures provided are provisional, operational and subject to change.

· Figures are based on collisions which occurred from 2010-2020 inclusive. All information contained in this report is based upon operational data from the PULSE and FCPS systems as was available on 28 January 2021 and is provisional, operational and subject to change.

· Note: 2020 traffic offence numbers generally need to be compared to other years with care due to the impact of COIVD-19 restrictions on traffic patterns and volumes.

Appendix 2

The number of collisions involving drivers or motorcyclists holding a provisional licence is as follows:

	2010	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020
Provisionally Licensed Drivers	479	452	506	394	468	545	533	451	451	357	295

* All figures provided are provisional, operational and subject to change.

· Figures are based on collisions which occurred from 2010-2020 inclusive. All information contained in this report is based upon operational data from the PULSE and FCPS systems as was available on 28 January 2021 and is provisional, operational and subject to change.

· Note: 2020 traffic offence numbers generally need to be compared to other years with care due to the impact of COIVD-19 restrictions on traffic patterns and volumes.

Covid-19 Pandemic

Questions (565)

Thomas Gould

Question:

565. Deputy Thomas Gould asked the Minister for Justice the number of fines and sanctions issued to employers for breach of Covid-19 guidelines by month to date in tabular form. [5226/21]

Written answers

Minister for Justice

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

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

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

I understand that the Deputy has clarified that his question relates to non-essential businesses remaining open during the current level of restrictions. Since 25 October 2020, An Garda Síochána have continued to investigate any alleged breaches of public health regulations in relation to non-essential retail under Operation Treoraim.

As of 9 January 2021, the latest data available on the operation, there have been 108 incidents relating to breaches in retail premises, with proceedings have commenced in three of those cases by that date. I have sought a breakdown of these figures by month from the Garda authorities and will write to the Deputy once I have received it.

Where members of the public are concerned about activities in relation to the retail sector, I would encourage them to contact their local Garda station.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question 565 which was for answer on 3 February 2021 where you asked for the number of fines and sanctions issued to employers for breach of Covid-19 guidelines by month to date in tabular form. You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the information was available.

Responsibility for policing the current public health regulations rests with the Garda Commissioner. Further, responsibility for the legislation underpinning the public health response lies with my colleague, the Minister for Health.

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

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

Since 25 October 2020, An Garda Síochána have continued to investigate any alleged breaches of public health regulations in relation to non-essential retail under Operation Treoraim.

As of 10 April 2021, the latest data available on the operation, there have been 207 incidents relating to breaches in retail premises. I am further informed that 61 of these incidents have at least one summons; and there are 32 incidents in which the Office of the DPP has directed no proceedings to date.

I am advised by the Garda authorities that up to date Covid 19 related statistics are published on the Garda website and can be accessed through the following link:

https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/coronavirus-covid-19-.html#COVID-19%20Related Statistics

I trust this information is of assistance.

Garda Training

Questions (566)

Thomas Gould

Question:

566. Deputy Thomas Gould asked the Minister for Justice the training provided to gardaí on horse welfare and licensing requirements; and her plans to improve this. [5227/21]

Written answers

Minister for Justice

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the management and administration of An Garda Síochána, including personnel matters relating to the training available to members.  As Minister, I have no role in these matters.

I am informed by the Garda authorities that the Control of Horses Act 1996 and the Animal Health and Welfare Act 2013 have been part of the legislative training programme for Gardaí since their introduction.

I am further informed that since the commencement of the BA in Applied Policing in 2014, Probationer Gardaí whilst on Phase II of the training programme have received instruction on these Acts from their Divisional CPD instructors.

Immigration Controls

Questions (567)

Cathal Crowe

Question:

567. Deputy Cathal Crowe asked the Minister for Justice if a person (details supplied) has used the person's Irish passport to enter Ireland for any period of time; and if she will make a statement on the matter. [5290/21]

Written answers

Minister for Justice

I wish to advise the Deputy that it is not appropriate for me to comment on individual cases or in any detail on security matters.

Citizenship Applications

Questions (568)

Cathal Crowe

Question:

568. Deputy Cathal Crowe asked the Minister for Justice the status of a citizenship application by a person (details supplied). [5294/21]

Written answers

Minister for Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 25 July 2017. 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.

Mother and Baby Homes Inquiries

Questions (569)

Catherine Murphy

Question:

569. Deputy Catherine Murphy asked the Minister for Justice the dialogue there has there been with the coroner whose jurisdiction includes Tuam, County Galway, with respect to the holding of inquests for those bodies found at the Tuam Mother and Baby Home as provided for under the Coroners Act 1962; if there have been requests for inquests; if so, the number; the way in which they have they been responded to; if the coroner has informed her of conclusions the coroner has reached under S1.7-F33(1); if not, if she will seek the coroner's views; and if she will make a statement on the matter. [5300/21]

Written answers

Minister for Justice

The Coroner is an independent quasi-judicial officer and it is a matter for him how to conduct any death investigation or inquest in accordance with his statutory functions, on the basis of the information made available to him and having regard to the circumstances of the death concerned.

As Minister, I have no role in the coronial inquest process as set out in the Coroner Acts 1962-2019 and it would not be appropriate for me to engage in the dialogue suggested by the Deputy.

However, I understand that the Commission of Investigation into Mother and Baby Homes first formally notified the Coroner for North Galway on 2 March 2017, of its discoveries at the Tuam Mother and Baby Home. Both the Coroner and the Gardaí provided any cooperation requested by the Commission during its work at the Tuam site. I understand that there is no active investigation being conducted into the Tuam discovery by the Gardaí or by the Coroner.

The Final Report of the Commission does not recommend any particular action on behalf of the Coroner with regard to the Tuam site.

The Minister for Children, Equality, Disability, Integration and Youth will progress the Certain Institutional Burials (Authorised Interventions) Bill which will provide for the establishment of a dedicated Agency, by Government Order under a sponsoring Minister for a specific site, to undertake where necessary, a forensic standard excavation, exhumation and, where possible, identification of discovered remains, and provide for their respectful reinterment. This legislation will support intervention at the Tuam site, and any other site, where intervention is reasonably required based on the manifestly inappropriate nature of the interments.

This is a bespoke approach to address the very sensitive matter of the discovery of human remains at the Tuam site. It will effectively displace the relevant role of the Coroner, by disapplying the exhumation process provided in section 47 of the Coroners Act 1962.

I support Minister O'Gorman in this approach and have assured him of the full cooperation of my Department and its Agencies in implementing the actions set out in the legislation.