Wednesday, 3 Mar 2021

Written Answers Nos. 630-657

Third Level Admissions

Questions (630)

Dara Calleary

Question:

630. Deputy Dara Calleary asked the Minister for Further and Higher Education, Research, Innovation and Science if he will clarify the information that appears on the CAO website (details supplied); if students in this circumstance who have become entitled to a higher CAO offer after sitting the leaving certificate examination in 2020 will be charged a student contribution again in 2021-2022 for their new higher offer course; if so, his views on whether it is unfair; and if he will make a statement on the matter. [11165/21]

Written answers

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

Under the Department’s free fees schemes, the Exchequer provides funding toward the tuition fee costs of eligible undergraduate higher education students with students paying the student contribution.

The student contribution applies to all students on an annual basis, who are eligible under the 'free fees' scheme. The current rate is €3,000 per annum. Currently in excess of 60,000 students have all or part of the student contribution paid on their behalf by the State via the Student Grant Scheme.

To satisfy the terms and conditions of the Free Fees Schemes in relation to progression, a student must be moving from year to year within a course having successfully completed the previous year or be transferring from one course to another related course where the award for the subsequent course is of a higher level than the previous course.

Typically students are not supported for a repeat period of study under the free fees initiative, however in exceptional circumstances, or where a student receives a Leaving Certificate uplifted offer from their original CAO application following an appeal, an exception may be allowed.

Cognisant of the leaving certificate 2020 process, an extension to the current scheme allows for a repeat period of study in 21/22 where a Free Fees eligible student receives an uplifted deferred place having sat the 2020 exams. This extension applies to students that started in year one of an undergraduate course in 20/21 based on calculated grades and the student subsequently receives an uplifted deferred place for the 21/22 academic year (based on the 2020 CAO application) having sat the 2020 Leaving Certificate examinations. Free fees eligible students who transfer courses in 2021/2022, in the circumstances outlined, will remain eligible for free fees for the 2nd period of study.

As advised, the student contribution applies to all students who are eligible under the 'free fees' scheme as the students annual contribution towards tuition fees. This includes students that choose to transfer courses that will require a repeat period of study while retaining access to 'free fees' on an exceptional basis such as a deferred uplifted place.

Student Universal Support Ireland

Questions (631)

Bernard Durkan

Question:

631. Deputy Bernard J. Durkan asked the Minister for Further and Higher Education, Research, Innovation and Science if a person (details supplied) will have their eligibility for a Student Universal Support Ireland, SUSI, grant reviewed; if technical grounds will be reviewed to facilitate their application; and if he will make a statement on the matter. [11318/21]

Written answers

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

As part of a comprehensive customer service and communications strategy provided by Student Universal Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas members. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.

This service, which was set up at the behest of Oireachtas members, complements the established channels provided by SUSI which include online application tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and Twitter. Enquiries may be emailed direct to SUSI at [e-mail]. Staff in SUSI are responding to email queries within a matter of days.

With regard to the specific application, I have been advised by my officials that the student in question submitted an application to SUSI as a mature independent applicant. The application was cancelled in January 2021 as the applicant was under 23 at his first point of entry into higher education in 2016/17 and does not have the required three years break in studies to be reclassified as a mature independent student. The student can still re-apply to SUSI as a mature dependent applicant with his mother’s details and as with all applicants he may be required to submit documents to support his application.

Question No. 632 answered with Question No. 622.

Public Procurement Contracts

Questions (633)

Mairéad Farrell

Question:

633. Deputy Mairéad Farrell asked the Minister for Further and Higher Education, Research, Innovation and Science the details of contracts of €25,000 or more that have been awarded by his Department or bodies under his aegis that were found to be non-compliant with procurement guidelines in 2018, 2019, 2020 and to date in 2021; the value and nature of the contact work carried out in each case; the year of each contract in tabular form; and if he will make a statement on the matter. [11378/21]

Written answers

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

As the Deputy may be aware, my Department was established in July 2020. The information requested by the Deputy in regard to the agencies under the aegis of my Department is not routinely compiled by my Department. My officials are in contact with the aegis bodies and I will arrange to have the material forwarded to the Deputy when it becomes available. In relation to procurement, the Appropriation Account for my Department contains details of the contracts deemed to be non-compliant with guidelines. A complete record is not available in respect of 2020 or 2021 as the appropriation account is compiled after the end of the accounting period.

Covid-19 Pandemic

Questions (634)

Carol Nolan

Question:

634. Deputy Carol Nolan asked the Minister for Further and Higher Education, Research, Innovation and Science the details of the meetings, correspondence and engagements he and his officials have had with a group (details supplied); if he will specifically address the concerns outlined by the group; and if he will make a statement on the matter. [11410/21]

Written answers

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

Neither I nor my officials have met with the group in questions, and I am not aware of any correspondence sent by them to me or my Department. The national policy for managing COVID-19 is not a matter for my Department.

Third Level Education

Questions (635)

Neasa Hourigan

Question:

635. Deputy Neasa Hourigan asked the Minister for Further and Higher Education, Research, Innovation and Science the status of his plans to develop a long-term sustainable funding model for higher level education; and if he will make a statement on the matter. [11419/21]

Written answers

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

In response to the combined demographic and funding challenge, the then Minister for Education and Skills appointed an Expert Group to identify and consider issues related to the long term sustainable funding of higher education in Ireland and to identify funding options for the future.

The expert group report, Investing in National Ambition: A Strategy for Funding Higher Education” (2016) confirmed that higher education makes a hugely positive contribution to the development of individuals, employers, society and the state.

The report concluded that the approach to funding was unsustainable, and that substantial increases in investment in higher education must be made to ensure that the sector can remain viable and provide the capacity to meet the major increase in student demand projected up to 2030.

The expert group report has opened up an important debate in Ireland on how our third level education system could be funded.

The report proposed three main funding options for a more sustainable future funding model. These are

1. A predominantly state-funded system.

2. Increased state funding with continuing student fees.

3. Increased state-funding with deferred payment of fees through income contingent loans (ICL).

The development of a sustainable funding model for higher education is essential in light of the centrality of higher education to our progress as a country. The future development of Ireland as an inclusive society and a knowledge economy, against the backdrop of rapid technological change will be critically dependant on the quality of our graduates.

In that context, a comprehensive economic evaluation of the funding options presented in the Report of the Expert Group on Future Funding for Higher Education is underway supported under the European Commission DG Reform Programme.

My Department is working closely with the European Commission and the independently appointed consortia of consultants. The key aim of this review is to investigate methods of increasing the sustainability of higher and further education provision in Ireland, including an examination of the funding options. This review commenced in early 2020 and work is expected to be complete towards the latter part of Q2 2021.

My Department will continue to work with stakeholders on this comprehensive analysis of funding options for higher education and the assessment of the appropriate balance in provision across the tertiary education system.

Completion of this work will allow for an informed debate on the appropriate policy approach to future planning and funding of higher and further education provision which is fundamental to Ireland's economic and social sustainability.

Education Policy

Questions (636)

Neasa Hourigan

Question:

636. Deputy Neasa Hourigan asked the Minister for Further and Higher Education, Research, Innovation and Science his plans to ensure that educational opportunities remain and are made more accessible to everyone particularly the most vulnerable in society; and if he will make a statement on the matter. [11420/21]

Written answers

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

Equity of Access to Higher Education continues to be a national priority for the Government and the Department of Further and Higher Education, Research, Innovation and Science. The Programme for Government reflects the importance of supporting learners at risk of education disadvantage and learners with special education needs in higher education.

The vision of National Plan for Equity of Access to Higher Education 2015-2021 is that the student body entering, participating in, and completing higher education at all levels reflects the diversity and social mix of Ireland’s population. The plan set out five goals and more than thirty actions, developed following widespread consultation with stakeholders, with the aim of supporting increased access and participation in higher education by six main target groups. Those groups include entrants from socio-economic groups that have low participation in higher education; first-time mature students, students with disabilities, part-time/flexible learners, further education and training award holders; and Irish Travellers. The plan also indicated subgroups that require support, including lone parents, teen parents and ethnic minorities. Improving equity of access to higher education is an ongoing objective.

My Department is committed to the continued the roll-out of supports for students and targeted initiatives to support delivery of the vision and targets within the National Access Plan.

Apart from the student grant and dedicated access supports it is important to note the range of additional supports which have been put in place for students as part of Budget 2021 and as part of the Government's COVID response earlier this year.

- The level of funding available in the Student Assistance Fund for 2020 was doubled;

- €1.9m in the form of a once-off COVID-19 contingency fund to enable HEIs deliver local COVID-19 responses to support disadvantaged students;

- The level of funding for the 1916 Bursary Fund (also known as PATH 2) increased to €5 million per annum, which will provide an additional 200 bursaries, bringing the total number for 2021 to 1,000 bursaries for the most disadvantaged students in the country;

- An additional €20 million in funding for SUSI in 2021 to cover increased applications to the scheme;

- €6 million allocated to enhance SUSI support for postgraduates;

- €15 million scheme to support access to laptops and digital devices;

- €50 million to provide financial assistance to full time third level students in recognition of the impact of the Covid-19 pandemic on this group. This funding will offer financial assistance to all EU full-time undergraduate and postgraduate students attending publicly funded Higher Education Institutions (HEI).

- €300,000 has been secured through the Dormant Accounts Fund for targeted supports to address the implications of COVID-19 on Traveller participation in higher education.

The objectives of the National Access Plan are supported by a range of interventions and programmes:

- Programme for Access to Higher Education (PATH) which comprises dedicated funding to support access to higher education and consists of three strands focussed on increasing the participation of under-represented groups in higher education. The PATH fund has a current investment envelope of €40.4 million over the period 2016 to 2022, across the three strands which are currently supporting access to initial teacher education, enables the award of bursaries of €5,000 per academic year to 1,200 (200 per year) of the most socio economically disadvantaged students and through the Higher Education Access Fund is supporting institutional capacity in developing regional and community partnership strategies for increasing access to higher education.

- Student Assistance Fund - annual funding of €9.1m including ring-fenced funding €1m for part-time students. In recent years, ring-fenced funding has also been provided for students on Professional Master of Education (PME) courses.

- Fund for Students with Disabilities (FSD) – €9.6m in funding every year covering both higher and further education sectors. The purpose of the Fund for Students with Disabilities is to provide funding to higher and further education institutions to assist them in offering supports and services to eligible students with disabilities so that they can access, fully participate in and successfully complete their chosen course of study. Since 2018 the fund covers part-time students.

- A study commissioned by the Higher Education Authority on the challenges facing mature students in participating in higher education is nearing completion and will be considered in the context of the new National Access Plan commencing in 2022.

- The Action Plan for Increasing Traveller Participation in Higher Education 2019-2021 was launched in 2019 and its aim is to advance Traveller participation in higher education within the context of approaches on retention and transition of Travellers across the education spectrum.

- Persons in the protection process (asylum and subsidiary protection) or leave to remain process are not eligible to access the statutory based SUSI grant scheme. However, the administratively based Student Support Scheme provides supports along similar lines to the SUSI grant scheme and is available to persons in the asylum, subsidiary protection or leave to remain process.

A new National Plan for Equity of Access to Higher Education will be developed in 2021 for the years 2022-2026. Consultations on the approach to the development of the Plan has commenced.

Fostering Inclusion is one of the three core pillars around which the Further Education and Training Strategy (FET) 2020-2024 is built. The FET sector is committed to increasing levels of inclusion through the provision of high quality, more accessible and flexible education and training programmes and supports suited to the identified needs of individuals, with the aim of enabling every citizen to participate fully in society. FET provision is largely free or heavily subsidised and offers a broad range of courses and programmes at levels 1-6 of the NFQ. Anyone interested in pursuing a training programme should contact the Adult Guidance Service in their local Education and Training Board and enquire about what programmes and supports may be available to them. Online information is also available at www.fetchcourses.ie.

As part of Budget 2021, I secured €8m for a Mitigating Educational Disadvantage (MED) fund for my Department. This fund is being managed by SOLAS. This fund aims to provide funds to support educationally disadvantaged learners in accessing and participating in FET.

Cross-Border Co-operation

Questions (637)

Rose Conway-Walsh

Question:

637. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science if officials from his Department have met with the Department for the Economy in Northern Ireland to discuss higher education provision in the north-west region as outlined in the joint communiqué from the 25th North-South Ministerial Council meeting; and if he will make a statement on the matter. [11475/21]

Written answers

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

I am strongly committed to exploring potential North-South dimensions of provision in the region. Last October, I had a virtual meeting with Minister Dodds, when we discussed a number of areas of interest for cross-border collaboration between our Departments. My Department's management board also had a bilateral meeting earlier this year with their counterparts in the Northern Ireland Department of the Economy to discuss the full range of issues including provision in the north-west. It is also an ongoing agenda on the North-South infrastructure and investment senior officials group which comprises officials from both jurisdictions. My officials have also engaged with other stakeholders in the region in order to identify potential areas for greater collaboration in this area.

Covid-19 Pandemic Supports

Questions (638)

Cormac Devlin

Question:

638. Deputy Cormac Devlin asked the Minister for Further and Higher Education, Research, Innovation and Science the Covid-19 supports that are available to the international education sector; if he will address the issues raised in correspondence (details supplied); and if he will make a statement on the matter. [11537/21]

Written answers

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

English language education (ELE) in Ireland is a broad and diverse sector with the vast majority of activity undertaken by private sector providers. I am aware of the important contribution made by this sector and of the challenges that are being encountered given the substantial impact that the Covid-19 outbreak has had on students, teachers and providers.

As part of the response to the pandemic, my Department established a specific Working Group for this sector. This group is comprised of representatives of relevant Government Departments and sectoral representatives of staff, students and providers.

As part of this process, the representative bodies for English language education providers have engaged with the Working Group surrounding their proposals for supports to aid the recovery of this sector. In this forum, the providers have been advised of the measures introduced by Government, as part of the wider Covid-19 response, to support businesses at this time. These measures included the temporary wages subsidy scheme (TWSS) to facilitate employers to keep employees on the payroll during the initial period of the Covid-19 pandemic in order to retain this link for when business increases after the crisis. This temporary scheme was expected to be in place for an initial 12-week period. However, recognising the circumstances surrounding the re-opening of the economy as well as the need to avoid the risk of forcing otherwise viable firms to close, the Government agreed that the TWSS would remain in place until the end of August 2020. Following the conclusion of the TWSS, it has been superseded by the Employment Wage Subsidy Scheme (EWSS) which continues to provide payroll support to businesses. In addition to the subsidy that is being provided via the EWSS, this scheme also provides for a reduction in Employers PRSI.

Further to the above, the ELE provider representatives have been advised of the eligibility of businesses in this sector to apply, where appropriate, for further business supports made available by the Department of Enterprise, Trade and Employment via Enterprise Ireland and through its network of Local Enterprise Offices. A full list of these supports and related information is available for providers here: https://enterprise.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.

My Department will continue to engage with ELE provider representatives as this sector moves towards its full re-opening and continues on a path to recovery.

Student Universal Support Ireland

Questions (639)

Holly Cairns

Question:

639. Deputy Holly Cairns asked the Minister for Further and Higher Education, Research, Innovation and Science his views on making students attending private primary and post-primary school teaching colleges eligible to apply for the Student Universal Support Ireland, SUSI, grant; and if he will make a statement on the matter. [11590/21]

Written answers

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

Under the Department's student grant scheme, eligible candidates may receive funding provided they are attending an approved course at an approved institution as defined in the scheme. The definition of an approved institution is set out in Section 7 of the Student Support Act 2011 and Regulation 3 of the Student Support Regulations 2020.

In the context of scarce resources, the Department prioritises grants to students attending recognised colleges ahead of private fee paying colleges. It is open to higher education institutions that operate on a 'for profit' basis to use their own resources to provide financial supports to any of their students that they consider to be in particular need.

The Programme for Government contains commitments to, among other things, review SUSI eligibility criteria, adjacency rates and postgraduate grant supports.

The review of the Student Grant Scheme has just commenced and is due to report in Summer 2021. My Department is overseeing the implementation of the review through a steering group with student representation as well as representation from SUSI. Stakeholders in the student grant system will be invited to provide contributions via a formal submission process in the coming weeks. At this point I cannot pre-empt the outcome of the review to indicate when any proposed changes will come into effect.

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 a student's local Tax office or from the Revenue Commissioners website www.revenue.ie.

Student Assistance Fund

Questions (640)

Holly Cairns

Question:

640. Deputy Holly Cairns asked the Minister for Further and Higher Education, Research, Innovation and Science his views on making students attending private primary and post-primary school teaching colleges eligible to apply for the student assistance fund; and if he will make a statement on the matter. [11591/21]

Written answers

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

The Student Assistance Fund provides financial support to full- or part-time students who are experiencing financial difficulties while attending higher education. The Fund can be claimed for expenses such as books, rent, food, medical costs, class materials, light and heat bills, essential travel and childcare.

Students on full- or part-time courses leading to a higher education award (National Framework of Qualifications level 6-10) in Irish universities, institutes of technology and other approved colleges are eligible to apply for the Student Assistance Fund.

Students attending private primary and post-primary school teaching colleges are not eligible to apply and there are no plans to extend beyond the current eligibility criteria. or approved institutions.

Question No. 641 answered with Question No. 622.

Departmental Data

Questions (642)

Rose Conway-Walsh

Question:

642. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the number of graduates each year from a college (details supplied) from a professional master's degree in education in primary initial teaching education since the college was founded in 2000; and if he will make a statement on the matter. [11835/21]

Written answers

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

Hibernia College is a privately owned online third level educational company which delivers, inter alia, post graduate initial teacher education (ITE) programmes.

As a private company, Hibernia College determines its own annual student intake and the Department does not hold data on the information requested by the Deputy.

Third Level Admissions

Questions (643)

Donnchadh Ó Laoghaire

Question:

643. Deputy Donnchadh Ó Laoghaire asked the Minister for Further and Higher Education, Research, Innovation and Science the number of offers for places in third-level institutions given to students who sat the leaving certificate exams in November 2020 and received improved results; and the courses or subject areas in which these offers were given, that is, medicine, engineering, law, dentistry, arts and so on in tabular form. [11946/21]

Written answers

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

Universities and Institutes of Technology are autonomous and determine their own procedures for admission. The CAO process applications for undergraduate, and some postgraduate, courses on their behalf.

Decisions on admissions are made by the higher education institutions who then instruct the CAO to make offers to successful candidates. Therefore neither I nor my Department have a function in relation to such matters and information on offer figures is held by the CAO, not by my Department.

According to figures released by the CAO a total of 632 offers were identified as a result of the 2020 Leaving Certificate Written Examination. 595 of these were offers for level 8 courses, and 37 were offers for level 7/6 offers. My Department does not hold data on how many of these offers were accepted, or what courses or subject areas these offers were in.

Question No. 644 answered with Question No. 628.

Student Accommodation

Questions (645)

Robert Troy

Question:

645. Deputy Robert Troy asked the Minister for Further and Higher Education, Research, Innovation and Science if refunds are available to third-level students for accommodations fees given they have been at home studying remotely for most of the academic year. [11963/21]

Written answers

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

I am conscious of the challenges faced by students regarding student accommodation this year due to both financial pressures, and the blended learning format of the 2020/21 academic year.

The Deputy will be aware that the university sector has been actively engaging with students on the issue of accommodation refunds. As a result of the decision to minimise on-site teaching, all universities have confirmed that students who opted to leave their university-owned student accommodation as a result of reduced on-campus activity will be offered refunds or rental credits. The processing of these refunds is a matter for the universities themselves, and any student who wishes to receive a refund for their on-campus accommodation should engage directly with their university’s accommodation office.

In the case of privately-owned student accommodation, I am urging providers to be flexible in finding solutions given the circumstances in which students find themselves. There are, however, no powers available to me under the current legal framework to direct any particular course of action. Refund or cancellation policies in student accommodation should be set out in the license agreement signed at the beginning of the academic year. In the first instance students should engage with their accommodation provider to see if an arrangement can be reached. If this is not possible, students have access to the Dispute Resolution Services of the Residential Tenancies Board.

I am of course very conscious of the immediate impacts of the COVID-19 pandemic on our students. In recognition of the challenges facing full time third level students, financial assistance is being 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 have received 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.

Additionally Budget 2021 provides further funding to enhance SUSI grant supports for post-grads and increase support for the PATH access initiative. In July I announced a range of additional student supports including a doubling of the Student Assistance Fund, and a €15 million technology fund for devices for students.

The combined impact of these supports and initiatives highlight the strength of the Government's commitment to supporting students in meeting the costs of third level education.

Freedom of Speech

Questions (646)

Neale Richmond

Question:

646. Deputy Neale Richmond asked the Minister for Further and Higher Education, Research, Innovation and Science if action has been taken in relation to an incident regarding academic freedom (details supplied); and if he will make a statement on the matter. [12048/21]

Written answers

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

The principle of academic freedom is a defining characteristic of high-quality higher education and research throughout the world.

Irish universities are independent and autonomous statutory bodies established under the Universities Act, 1997 which guarantees the principle of academic freedom and puts in place detailed institutional level governance arrangements for the management, operation, policies and strategy of the relevant institution.

Ireland supports academic freedom, and promoting our values is a strong part of our foreign policy, and we encourage all of our partners around the world to respect such freedoms.

National Broadband Plan

Questions (647)

Seán Sherlock

Question:

647. Deputy Sean Sherlock asked the Minister for Further and Higher Education, Research, Innovation and Science if he has engaged with National Broadband Ireland on any aspect of broadband provision in the past six months; and the outcome of any engagement. [12121/21]

Written answers

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

The Department of Further and Higher Education Research Innovation and Science has not been directly engaged with National Broadband Ireland (NBI) but HEAnet, the Education sectors shared service network provider has attended several technical workshops with NBI over the past two years.

Land Ownership

Questions (648)

Jennifer Whitmore

Question:

648. Deputy Jennifer Whitmore asked the Minister for Justice if there are plans to reform landowner legislation to enable more bridleways and equestrian trails across the countryside; and if she will make a statement on the matter. [11286/21]

Written answers

Minister for Justice

Statutory provisions concerning the registration of easements are contained in the Land and Conveyancing Law Reform Act 2009, as amended by the Civil Law (Miscellaneous Provisions) Act 2011. Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission. My Department has no plans at present to introduce or amend legislation in this area. However, the operation of existing legislation is kept under review in my Department.

The Department of Rural and Community Development is currently leading on the development of a new National Outdoor Recreation Strategy in line with the commitment in the Programme for Government. Work has commenced on this Strategy, through Comhairle na Tuaithe (the Countryside Council), and it is expected to be completed in the second half of this year. This Strategy will provide a vision and overarching framework for the sustainable development of outdoor recreation in Ireland over the coming years. I look forward to working with my colleague Minister Humphreys with regard to the development and implementation of the strategy.

Rental Sector

Questions (649)

Cormac Devlin

Question:

649. Deputy Cormac Devlin asked the Minister for Justice the procedures in place to deal with letting agents and companies that fail to either transfer rent collected from tenants who fail to deal with maintenance issues in properties or who do not comply with the agreement with the owner of the property; her plans to review and improve the legislation in this area; and if she will make a statement on the matter. [11826/21]

Written answers

Minister for Justice

The provision of property services to consumers in Ireland is subject to a detailed legislative framework of licensing, regulation, monitoring and enforcement, under the Property Services Regulation Act 2011. The 2011 Act also established the Property Services Regulatory Authority (PSRA), an independent statutory regulatory body specifically tasked with responsibility for licensing and regulating property services providers (auctioneers, estate agents, letting agents and property management agents).

The Act sets out certain standards and obligations that licensed property services providers must comply with, aimed at ensuring protection for their clients. These include an obligation, under section 43 of the Act, on every licensee to issue a letter of engagement to his or her client which must be signed by both parties within 7 working days of starting to provide a property service or agreeing to provide such a service. The Act sets out the minimum contents of a letter of engagement, including details of the services to be provided to the client, details of any fees or commission payable by the client and requirements in relation to the deposit of client moneys. Failure to comply with section 43 is improper conduct under the Act.

Furthermore, the Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020 (S.I. No. 564 of 2020), which came into effect on 30 November 2020, set out a range of minimum standards to be observed in the provision of property services by licensees to their clients. In accordance with these Regulations, where a licensee holds a security deposit, in relation to the letting of property, which is due to be paid to a client or returned to a tenant, the licensee is required to make such payment to the client or tenant as provided for in the letter of engagement or, if not so specified, not later than 10 working days after the day the tenant vacates the property, save in exceptional circumstances. Failure to comply with the standards set out in the Regulations amounts to improper conduct.

The PSRA is empowered to investigate complaints of improper conduct made against licensed property services providers, and to launch investigations on its own initiative for the purpose of ensuring compliance by property services providers with their statutory obligations. Where a finding of improper conduct is made by the PSRA, it can impose a range of sanctions: namely, issue a reprimand, warning, caution or advice, suspend or revoke a licence, or direct the licensee to pay a financial penalty (up to €50,000 into the Property Services Compensation Fund, up to €50,000 to the PSRA towards the cost of the investigation, up to €250,000 to the PSRA by way of financial penalty or any combination of the foregoing).

While my Department keeps the operation of the Property Services (Regulation) Act 2011 under review, my Department has no plans at present to amend the Act in the manner suggested by the Deputy.

Alcohol Sales

Questions (650, 659)

Fergus O'Dowd

Question:

650. Deputy Fergus O'Dowd asked the Minister for Justice if she will address a matter in relation to proposed licence reforms (details supplied); and if she will make a statement on the matter. [10979/21]

Gerald Nash

Question:

659. Deputy Ged Nash asked the Minister for Justice her plans to engage in a formal public consultation process in respect of her reported proposals to reform licensing laws to develop the night-time economy; when the process will commence; and if she will make a statement on the matter. [11040/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 650 and 659 together.

The Justice Plan 2021, which I published last week, commits to reviewing and modernising alcohol licensing.

Our hospitality and cultural sectors have been hardest hit by the pandemic, with many pubs and venues not opening their doors for a year. As part of my plan to build a justice system that works for everyone, I want to help and support these businesses as they get back on their feet. But, as we plan how our economy and society will look after the pandemic, I also believe we need to broaden the range of cultural offerings available in the night time economy.

My Department is actively engaged with the Night-Time Economy Taskforce looking at innovative approaches to support and develop a vibrant, diverse night-time culture and economy in Ireland. The work of the Taskforce is ongoing and has included wide stakeholder engagement. A key challenge identified by stakeholders is the outdated alcohol licensing legislation and this will be reflected in the report of the Taskforce. We are working with Minister Catherine Martin and the Taskforce to ensure we can deliver on work of the Taskforce and its recommendations without delay and that is why we set out commitments in the Justice Plan 2021 on this major legislative reform in line with our Programme for Government commitments. It is my firm intention that this reform will be developed with a supportive approach to businesses and the interests of public health, consumers and communities will be central to implementation.

It is my intention to bring forward legislation that will contain proposals to update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs, by replacing both the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008 with streamlined provisions more suited to modern conditions.

While the work of the Night Time Economy Taskforce is well-advanced, work on the consolidation and reform of the licensing laws more generally is at an early stage of development. I can assure the Deputy that it is my intention to engage constructively with stakeholders as that work progresses.

Crime Data

Questions (651)

Paul McAuliffe

Question:

651. Deputy Paul McAuliffe asked the Minister for Justice the number of murders, attempted murders, conspiracy to murder, rapes, aggravated sexual assaults and assaults causing serious harm that have been reported in each Garda division over the past five years; and if she will make a statement on the matter. [10980/21]

Written answers

Minister for Justice

As the Deputy is aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics, including recorded and detected crime, and listing them by Garda Division. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.

I can inform the Deputy that the crime statistics from the CSO for the final quarter of 2020 are due to be released later this month and I look forward to reviewing these statistics when they are available.

The most recent available crime statistics, as published by the Central Statistics Office on 21 December 2020, are available at https://data.cso.ie/product/RC.

Garda Strength

Questions (652)

Paul McAuliffe

Question:

652. Deputy Paul McAuliffe asked the Minister for Justice the number of Garda members per thousand of population in each Garda division; and if she will make a statement on the matter. [10981/21]

Written answers

Minister for Justice

The Deputy will be aware that the Garda Commissioner is by law responsible for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. The allocation of Garda resources is made in light of identified operational demand. This includes deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in the matter.

An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. As a result, Garda numbers are now at approximately 14,600 Garda members and over 3,000 Garda staff nationwide.

I am informed that the commitments and undertakings outlined in the Annual Policing Plan, and the priorities as determined in delivering the A Policing Service for our Future plan are taken into account when consideration is given to the allocation of resources (including newly attested Probationer Gardaí, personnel being allocated to specialist units, e.g. Roads Policing, Community Policing, Divisional Protective Services Units, Divisional Drug Units, etc.) and facilitating transfers of personnel to / from any Division.

The following factors are also taken into account in the context of the requirements of all Garda Divisions nationwide:

- local and national crime trends and workloads;

- policing arrangements and operational strategies;

- minimum establishment statistics;

- local population and trends, geographical area and size;

- transfer applications, including welfare / personnel issues and concerns.

Local and Senior Garda Management are also consulted during the allocation of personnel and are responsible for the specific deployment / assignment of duties being undertaken at Divisional level. The situation remains closely monitored by the Garda Senior Leadership Team, particularly in view of commitments to the continued roll-out of the Operating Model of policing at Divisional level to ensure optimum use of all Garda Resources in providing the best possible Garda service to the community.

I am informed by the Garda authorities that the number of Garda members per thousand population in each Garda division is shown in the table below.

Breakdown by division 31.01.2021	Total	Population per 2016 Census	No. of Garda members per 1,000 population
CAVAN / MONAGHAN	393	137,562	3
CLARE	316	118,817	3
CORK TOTAL (City, North, West)	1,390	542,868	3
DMR TOTAL (North, N Central, South, S Central, East, West, & DMR Traffic & DMR HQ)	4,077	1,347,359	3
DONEGAL	464	159,192	3
GALWAY	623	258,058	2
KERRY	359	147,707	2
KILDARE	422	222,504	2
KILKENNY/CARLOW	342	156,164	2
LAOIS / OFFALY	382	162,658	2
LIMERICK	601	194,899	3
LOUTH	391	128,884	3
MAYO	343	130,507	3
MEATH	333	195,044	2
ROSCOMMON / LONGFORD	314	105,417	3
SLIGO / LEITRIM	311	97,579	3
TIPPERARY	413	159,553	3
WATERFORD	379	116,176	3
WESTMEATH	274	88,770	3
WEXFORD	338	149,722	2
WICKLOW	312	142,425	2
COLLEGE, HQ AND SPECIALIST UNITS	1,762	4,761,865	0
Grand Total	14,539	4,761,865	3

The CSO Census figures above are provided by county. The figures in the table below for the individual Dublin Metropolitan Region Divisions and Cork Divisions are as interpolated by the Garda Mapping Section based on 2016 Census figures.

Breakdown by division 31.01.2021	Total	Population figure (Mapping)	No. of Garda members per 1,000 population
CORK CITY	725	258,500	3
CORK NORTH	355	155,874	2
CORK WEST	310	133,479	2
DMR EAST	383	200,918	2
DMR NORTH	800	350,583	2
DMR NORTH CENTRAL	681	94,535	7
DMR SOUTH	591	248,070	2
DMR SOUTH CENTRAL	734	131,290	6
DMR WEST	770	321,511	2
DMR TRAFFIC* & HQ	118	1,347,359	0.1

* Garda members in the other six D.M.R. Divisions also have specific Roads Policing duties.

Missing Persons

Questions (653, 654, 655, 656)

Colm Burke

Question:

653. Deputy Colm Burke asked the Minister for Justice if she will confirm that a centralised database for missing persons will be established which would include DNA samples from their immediate families; and if she will make a statement on the matter. [10998/21]

Colm Burke

Question:

654. Deputy Colm Burke asked the Minister for Justice if she will consider establishing a centralised database for storing information in respect of bodies which have been recovered but which have not been identified; and if she will make a statement on the matter. [10999/21]

Colm Burke

Question:

655. Deputy Colm Burke asked the Minister for Justice if she will consider establishing a centralised unit on forensic human identification which would co-ordinate information both in respect of persons that are missing but also in circumstances in which bodies are recovered but not identified; and if she will make a statement on the matter. [11000/21]

Colm Burke

Question:

656. Deputy Colm Burke asked the Minister for Justice if her Department will make contact with all coroners offices to collate the data on unidentified remains going back up to 70 years, which in the long term would ease the workload on gardaí and coroners; and if she will make a statement on the matter. [11001/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 653 to 656, inclusive, together.

I can inform the Deputy that some preliminary work was carried out by An Garda Síochána in 2019, to record unidentified remains that may be located with individual Coroners across the country. My officials are examining ways to update and take forward that work, while fully respecting the independent role of the Coroners as set out in the Coroners Act 1962.

The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 commenced on 20 November 2015, providing for the establishment of a DNA Database System for use by An Garda Síochána. The DNA database system has two key functions:

1. To match the DNA profile from an individual to an unidentified crime scene profile and/or match the crime scene profiles across different crime scenes; and

2. To assist with identifying missing and unknown persons.

Different sections of the database hold samples from crime scenes; DNA profiles from suspects / offenders for matching against crime scenes; elimination samples from members of An Garda Síochána, Crime Scene Investigators etc. left inadvertently at crime scenes; and samples to identify missing persons and DNA profiles of persons whose identity is not known.

The missing and unknown persons section of the database hold the DNA profiles developed from biological samples relating to missing persons, such as from their clothing or other belongings. It also holds profiles from their close blood relatives (where their consent is forthcoming), who will have similar DNA. Profiles of persons who are unable to identify themselves due to illness or injury can also be entered on the DNA database, as can profiles from bodies of unidentified deceased persons.

The database can link missing persons or persons who are unable to identify themselves to their close family relatives through DNA matching. It is also able to match missing people (sometimes via their relatives) to unidentified bodies, helping to bring some element of closure for families searching for their loved ones. The database can also serve to eliminate a missing person if an unidentified body is found matching their description, assisting the Gardaí with their investigations.

The Act also provides for the exchange of DNA profiles of missing or unknown persons with law enforcement authorities in other jurisdictions. The database therefore facilitates searches for missing or unknown persons abroad as well as in Ireland.

Forensic Science Ireland and An Garda Síochána have worked in partnership over the past number of years to deliver a DNA testing facility for families of missing persons at the national Missing Persons Day ceremony. This partnership has served to enhance the ceremony from that of a largely commemorative event to one which has contributed to raising awareness of the significant contribution made by DNA testing to the conclusion of a considerable number of missing persons cases over recent years.

Asylum Seekers

Questions (657)

Thomas Pringle

Question:

657. Deputy Thomas Pringle asked the Minister for Justice the number of persons seeking asylum who arrived in each month from January 2020 to date; the countries travelled from in tabular form; and if she will make a statement on the matter. [11018/21]

Written answers

Minister for Justice

The International Protection Office (IPO) of my Department is responsible for examining all applications received. The staff of the IPO (the Chief International Protection Officer and the International Protection Officers) are independent by law in the exercise of their international protection functions.

My Department has continued to accept and process international protection applications throughout the pandemic. The IPO remains open to allow those who wish to claim international protection the opportunity to do so. This is considered an essential service at all times, including during the Covid-19 crisis.

Table 1 below contains the number of applications for international protection received during 2020 broken down by month and country of origin of the applicant.

Seeking Asylum

Table 2 below contains the number of applications for international protection received and available for 2021.

Table 2

Applications for International Protection

January 2021*

Nationality	Jan-21
Nigeria	31
Afghanistan	12
Somalia	11
South Africa	11
Sudan	7
El Salvador	6
Others	60
Total	138

*Where the numbers of applications from individual countries are low, no further breakdown by nationality is provided for confidentiality reasons, in line with section 26 of the International Protection Act 2015.