Written Answers Nos. 257-276
257. Deputy James Lawless asked the Minister for Social Protection the way to proceed with contracts for participants under 60 years of age (details supplied); and if she will make a statement on the matter. [2822/22]
View answerCommunity Employment (CE) Scheme is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary, fixed term basis to improve their prospect of returning to employment. Generally, up to a certain age, participants contracts on CE last for one to three years and in certain specific circumstances can last up to six years.
In light of the ongoing COVID related challenges faced by CE schemes and their participants, Minister Humphreys and I announced changes to rules governing CE schemes just before the end of 2021. The qualifying age for the CE service support stream (SSS) has been reduced from 62 to 60 and the 10% cap on the number of places in this stream has been removed. This means that persons over sixty will be able to remain on CE until they reach retirement age.
As the Deputy will be aware over the course of the pandemic, CE participants’ contracts were extended on a number of occasions, as an emergency support measure. This measure resulted in many contracts extending beyond the standard time limits.. The latest extension extended participants' contracts up to at least February 2022. After that date, participants with extended contracts, will start to leave schemes on a co-ordinated, phased basis over a prolonged period continuing up until January 2023. Departmental officials will work with local schemes on the timescale for the phased ending of these contracts.
To further assist with the transition from COVID emergency supports over the next period, participants, including those with extended contracts, may not be required to leave CE, where a suitable replacement has not yet been referred to the scheme. This transitionary provision will support schemes to retain important local community services, given the higher-than-normal turnover of participants in 2022 as extended contracts come to an end.
Officials from my Department will continue to work with and support all CE schemes throughout the transitionary period as the extended contracts come to an end. They will also continue to work with local CE sponsor organisations to identify suitable CE candidates. Time spent on PUP will count towards eligibility for CE. CE sponsor organisations are also encouraged by the Department to continue to promote the benefits of CE to long term unemployed persons in their local communities.
My priority and the priority of the Department is to have all CE schemes back providing normal services and supports to their long-term unemployed participants while delivering valuable services to local communities.
I trust this clarifies the matter for the Deputy.
259. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth the number of women that sought access to a domestic violence women’s refuge that were not provided with it due to a shortage in beds available in 2021. [2717/22]
View answerAs the matter raised by the Deputy is an operational matter for Tusla, the Child and Family Agency, I have referred the question to Tusla for direct response to the Deputy.
260. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth the number of beds that have been available across all women’s refuges in the country at the year end for each of the years 2001 to 2021 or any of the years available in that 20-year period in tabular form. [2718/22]
View answerAs the matter raised by the Deputy is an operational matter for Tusla, the Child and Family Agency, I have referred the question to Tusla for direct response to the Deputy.
261. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth if his Department will provide funding for Young Ballymun's new early intervention programme focusing on playgroups; and if he will make a statement on the matter. [2780/22]
View answerFrom the information supplied by the Deputy, it's not immediately clear which exact service the Deputy is referring to. However, I have referred the Deputy's question to Tusla for direct response on the basis of their current investment in Young Ballymun as part of their prevention and early intervention response and the Tusla Area Based Childhood Programme. I will of course be happy to respond to any additional or clarifying questions the Deputy may have should this fail to supply the information the Deputy is seeking.
262. Deputy Thomas Gould asked the Minister for Justice the legislative responsibility of management companies within the Multi-Unit Development Act 2011 or other relevant legislation. [2825/22]
View answer263. Deputy Thomas Gould asked the Minister for Justice if there is legislation or regulation allowing owner-occupiers to call an annual general meeting of a management group in circumstances in which one has not been called for a period of time. [2826/22]
View answer264. Deputy Thomas Gould asked the Minister for Justice the timeframe in which a management group of a multi-unit development should convene an annual general meeting. [2827/22]
View answer265. Deputy Thomas Gould asked the Minister for Justice if tenants can join the management group of a multi-unit development. [2828/22]
View answer266. Deputy Thomas Gould asked the Minister for Justice the recourse available to owner-occupiers if they feel their management fees are being poorly utilised in a multi-unit development. [2829/22]
View answerI propose to take Questions Nos. 262, 263, 264, 265 and 266 together.
The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs).
These are companies registered under the Companies Acts, the members of which are the owners, of residential units, rather than tenants, within the development, which are established for the purposes of ownership and management of such common areas.
There are a number of obligations set out in the Act which include, but are not limited to, the following. OMCs must set annual service charge schemes to cover the costs of maintenance, insurance and repair of common areas under its controls and the provision of common services to unit owners. The OMC must establish a sinking fund, and OMCs can also develop house rules for the operation and maintenance of their multi-unit development.
In relation to annual service charges, it is a matter for each individual OMC to determine the amount of the service charge on an annual basis. Section 18 of the Act requires OMCs to establish and maintain a scheme of annual service charges from which they may discharge expenditure incurred on the provision of common or shared services to the owners and occupiers of residential units in the development, including insurance, waste management and security services. The Act sets out clearly that the service charge must be calculated on a transparent basis, and be equitably apportioned between the residential unit owners. In order to ensure transparency and accountability, both the annual service charge and the services to be provided must be approved by a general meeting of the members of the OMC.
In relation to meetings, Section 17 (1) (b) of the Act requires the OMC to hold a meeting at least once a year where they are obliged to present annual report. These meetings shall take place within reasonable proximity to the estate, and at a reasonable time. These obligations are in addition to any other obligation or duty such a company would have under legislation such as, the Companies Act 2014.
Section 24 of the Act contains provisions for the resolution of disputes relating to multi-unit developments. It provides that a person, including any member of an OMC, may apply to the Circuit Court for an Order to enforce any rights conferred or obligations imposed by the Act. The Court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation. The Act also contains provisions which encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.
More generally, statutory provisions governing the regulation of companies, including those concerning the memorandum and articles of association, the appointment and responsibilities of directors and requirements for submitting annual financial returns, are set out in the Companies Acts.
267. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she can ensure a fair and even balance between the right to freedom of expression and the rejection of xenophobia; and if she will make a statement on the matter. [2873/22]
View answerThe right to freedom of expression is a fundamental right, enshrined in our Constitution and in the European Convention on Human Rights.
Though fundamental, this right is not absolute and can be limited or restricted by law for compelling reasons, including protecting other fundamental human rights. While you have a right to freedom of expression - you do not have a right to use it to incite others to hatred. There is no place for xenophobia and hate speech in our society.
As the Deputy will be aware, I published the General Scheme of the Criminal Justice (Hate Crime) Bill in April 2021.
The General Scheme will create specific, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. These protected characteristics are race; colour; nationality; religion, ethnic or national origin; sexual orientation; gender; or disability.
The proposed new Bill will repeal and replace existing provisions on incitement to hatred contained in the 1989 Prohibition of Incitement to Hatred Act.
The new legislation will contain robust safeguards for freedom of expression, such as protections for reasonable and genuine contributions to literary, artistic, political, scientific or academic discourse, and fair and accurate reporting.
There will be explicit provisions in the legislation to protect reasonable and genuine contributions to fields such as political discourse, art and scientific research.
Our new legislation must respect the essence of the right to free expression. We must ensure that the limitations we, as a society, choose to place on freedom of expression by prohibiting incitement to hatred are needed in order to protect the rights and freedoms of others, and are effective in doing so.
The Deputy may also wish to be aware that a National Anti-Racism Committee was established by Government in 2020 to draw up a National Action Plan Against Racism (NAPAR) for Ireland. This is in line with the commitment contained within the Programme for Government to publish a new NAPAR. The Committee submitted an interim report to my colleague the Minister for Children, Equality, Disability, Integration and Youth last year and I understand the new National Action Plan Against Racism is currently being drafted for submission to Minister O'Gorman.
268. Deputy Bernard J. Durkan asked the Minister for Justice the current and or expected residency status in the case of a person (details supplied); if the case is being considered in the context of another case; and if she will make a statement on the matter. [2721/22]
View answerThe immigration case of the person concerned is impacted by the European Court of Justice (ECJ) judgment in the Chenchooliah case.
A short-term permission on Stamp 1 conditions, which allows them to work without the need for an employment permit, was issued by my Department on 26 November 2021 to the person concerned. This permission is valid to 27 May 2022. Their longer-term position in the State is expected to be decided on within the period of the short-term permission granted. If this is not possible, the permission will be extended for a further period, on similar conditions, subject to compliance with the original conditions of the short-term permission.
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 (inisoireachtasmail@justice.ie), 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.
269. Deputy Patrick Costello asked the Minister for Justice if she will publish the interim report of the Independent Review Group to examine the Offences Against the State Acts compiled in June 2021 and submitted to her Department. [2749/22]
View answerI wish to inform the Deputy that on 3 August 2021 the interim report of the independent Review Group established to review all aspects of the Offences Against the State Acts, 1939 to 1998 was published.
A copy of the interim report is available on my Department’s website at gov.ie - Review of the Offences Against the State Acts 1939 to 1998 - 3 Month Report (www.gov.ie).
270. Deputy Mick Barry asked the Minister for Justice if she will secure a new venue for the Stardust inquest given the venue it was due to use will not now be available in February 2022; and if she will make a statement on the matter. [2757/22]
View answer273. Deputy Mary Lou McDonald asked the Minister for Justice the actions her officials have taken to secure a venue for the Stardust Inquests; the date on which her officials began work on this matter, if the Stardust Inquests will be delayed as result of her Department’s delay in securing a venue; and if she is satisfied that her Department will secure a human rights-compliant venue for the Stardust inquests by the end of January 2022 [2787/22]
View answerI propose to take Questions Nos. 270 and 273 together.
The Stardust fire was a national tragedy that has left a particular legacy of pain for many people in North Dublin.
I offer my deep sympathy and condolences to the families of the 48 young people killed in the Stardust fire over forty years ago.
I also recognise the impact on everyone who attended that night and the impact on the local community and I am committed to ensuring that the new inquests into the Stardust deaths and the families involved are provided with all relevant supports.
During 2021 a bespoke courtroom was built in the RDS to facilitate the Stardust inquests and the contract is due to expire in February 2022.
My Department is in regular contact with the Coroner and is ensuring that Dr. Cullinane is updated on our ongoing progress to secure a suitable alternative venue. Intensive work is taking place to review several venue options, in consultation with the OPW, with particular regard to their suitability, accessibility and the necessary health and safety requirements.
The families can be assured that there is no risk from a venue perspective for the public facing elements of the new Stardust fire inquests.
As soon as the new location options are available, my Department will discuss them with the Coroner. The Coroner will provide any updates on the stardust fire inquests website at: www.stardustfireinquests.ie.
271. Deputy Denise Mitchell asked the Minister for Justice if her attention has been drawn to the issues persons are having in contacting and getting an appointment with the Garda National Immigration Bureau; and if she will make a statement on the matter. [2760/22]
View answerWhen a non-EEA national enters the State and intend to stay for more than 90 days, they must register their immigration permission. First time registrations outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network and securing of those appointments with GNIB are a matter for An Garda Síochána.
The Registration Office of my Department registers permissions for those residing in the Dublin area.
Since the onset of the pandemic, immigration permissions have been extended nine times, which means that people who held a valid permission to be in the State in March 2020 are legally permitted to remain until 31 May 2022.
As a result of the unavoidable delays that have resulted from closures and the reduced capacity of the Registration Office during Covid-19, a high number of customers are now coming forward to seek an appointment. When the office is open, 50% of normal capacity or 200 first time registration appointments are permitted every day in the Registration Office of my Department. This is the maximum allowed under current public health guidelines, which are strictly adhered to for the safety of all staff and customers alike.
As part of my Department’s ongoing work to meet the current unprecedented demand for first-time registration appointments, on 10 January 2022, a Freephone service (0800 741 741) was introduced for customers. It is currently operating 12 hours a day from Monday to Friday (8am to 8pm) and 8 hours a day on Saturday and Sunday (9am to 5pm). There are between 15 and 20 customer service representatives taking calls and making appointments. All appointments for persons to register their immigration permission are now issued through this service, with operators offering one appointment per call, unless it is for an identifiable family group.
In the first week of operation, over 2,000 customers have received appointments booked through the Freephone service. On average, more than 425 customer appointments are confirmed each day and registration will take place as soon as possible.
The Registration Office’s customer service team is available to support customers who may have language difficulties or may need assistance with translation. A number of multi-lingual videos describing the registration process and what to expect are available on our website www.irishimmigration.ie.
A new Immigration Service appointment and scheduling system, which will streamline and further improve the registration process, is currently being developed and is expected to be available to customers shortly.
Dublin based customers seeking to renew their permission can continue to do so online at inisonline.jahs.ie/user/login.
272. Deputy Cian O'Callaghan asked the Minister for Justice if she will take steps to ensure that tackling gender-based violence is under the remit of a single Department; and if she will make a statement on the matter. [2762/22]
View answer274. Deputy Brendan Smith asked the Minister for Justice when the new strategy on domestic and sexual violence based on the four key principles of prevention, protection, prosecution and policy co-ordination will be finalised and published; and if she will make a statement on the matter. [2799/22]
View answer275. Deputy Brendan Smith asked the Minister for Justice if she will give urgent consideration to the request of Safe Ireland for an immediate public and political response to the increasing rates of violence against women; and if she will make a statement on the matter. [2800/22]
View answerI propose to take Questions Nos. 272, 274 and 275 together.
I can assure the Deputies this Government is committed to tackling domestic, sexual and gender-based violence (DSGBV) in all its forms, and to ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities.
The prioritisation of this hugely-important work is evident in the policy and legislative developments implemented by this Government and those that are currently being progressed. Additionally, increased budget allocations have been secured this year in order to address such heinous and unacceptable behaviour.
As you may be aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.
The Strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. The Deputy may be interested to know that Safe Ireland is one of two NGOs (the other is the National Women's Council of Ireland) that my Department has partnered with to provide expert support in relation to the development of the Strategy. This included examining how progress on actions is identified and reported, analysis of progress to date and of possible priority issues to be addressed, how drafting of actions should be approached, expert advice on moving to an outcome-focused framework, expert advice on the development of a prevention focused Strategy and support for wider public consultation. The process has been supported by external consultants, overseen and directed by an executive group consisting of the Department of Justice, the NWCI, and Safe Ireland.
The new Strategy will be structured around the four pillars or goals of the Istanbul Convention which are
- Prevention
- Protection
- Prosecution
- Co-ordinated Policies
Under each of these high level objectives there will be a number of specific aims listed but the Strategy and aims will be high level in tone and content.
A detailed action plan setting out how each of these aims will be achieved, who is responsible for them and the timeframe for delivery is currently being drafted with the sector so that it is targeted, ambitious and deliverable.
In the coming weeks, I will be inviting feedback through a focused consultation process on the final draft to ensure the Strategy is correctly emphasising the areas that people feel need the most attention.
I expect to bring the finalised strategy to Government in March, and I will oversee the implementation of the strategy.
Last year, on foot of the audit, it was agreed that the Department of Justice will continue to have lead policy responsibility for DSGBV.
My Department will also assume responsibility for services for victims of domestic, sexual and gender-based violence, in addition to policy responsibility.
A detailed plan for how this will work is in preparation and will be brought to Government for decision.
Also this year, I will be introducing legislation to strengthen the law in a number of areas.
The new Garda Powers Bill will provide a clear and transparent statutory basis for the existing police powers of search, arrest and detention.
The Digital Recordings Bill provides for the necessary modern technology in the investigation of serious crime
Before Easter, I will publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation.
The act of stalking itself is already covered by existing law, but I will propose the following changes to make the law clearer and stronger:
Explicitly reference stalking as a criminal offence;
- Make it clear that stalking includes watching or following a victim, even where they are not aware of being watched or followed;
- Make it clear that impersonating the victim, and then communicating with a third party, is illegal;
- Update the law to ensure that it covers all forms of modern communications.
- I will also consider introducing a provision to allow a victim, in very serious cases, apply to the court for an order to prevent the alleged perpetrator from communicating with them in advance of a trial.
While choking and non-fatal strangulation are already illegal, creating a new, standalone offence should encourage victims to come forward and report what has happened to them.
It has been shown that this crime can be an indication of future, lethal violence and is a risk factor for homicides against women in the home.
In the Summer, I will publish a new Hate Crime Bill which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender.
Before the end of September, I will publish a new Sexual Offences Bill, which will introduce important changes including:
Extending victim anonymity to further categories of victims
Repealing provisions for sentences to be delivered in public
Legal representation for victims
I will also seek to enact the Sex Offenders Bill within months to strengthen the management and monitoring of sex offenders in the community.
Within the coming weeks, I will sign an order to bring into operation legislation which provides for pre-trial hearings, which will significantly improve the trial process for victims of sexual offences.
This is an area of work I have prioritised since becoming Minister for Justice, but I know much more needs to be done, and I'm determined to do much more.
276. Deputy Mark Ward asked the Minister for Health the amount his Department pays to sponsor a television programme (details supplied); the length of time the contract is for; the amount paid to date; and if he will make a statement on the matter. [2693/22]
View answerThe World Health Organisation states that obesity poses a major risk for serious diet-related noncommunicable diseases, including diabetes, cardiovascular disease, hypertension and stroke, and certain forms of cancer. It’s health consequences range from increased risk of premature death to serious chronic conditions that reduce the overall quality of life.
In Ireland 23% of the adult population are obese with 37% being overweight. In addition, 1 in 5 children are categorised as overweight or obese.
Obesity is a complex and multi-faceted problem, and the Department of Health’s Obesity Policy and Action Plan (OPAP) recognises this and that it needs a multi-pronged solution, with every sector of society playing its part. An important strand of the OPAP relates to communications. Step 4 of the OPAP is to Implement a strategic and sustained communications strategy that empowers individuals, communities and service providers to become obesity aware and equipped to change, with a particular focus on families with children in the early years. Action under this heading has included the funding for the START public health childhood obesity campaign (www.safefood.net/start) and the currently running Healthy Ireland Let’s Get Set campaign (www.gov.ie/letsgetset ), which encourages us all to set a healthy routine
The Healthy Ireland Strategic Action Plan, which is a Government of Ireland initiative, requires us to empower people to better look after their own health and wellbeing, to help prevent ill-health and to keep themselves well. Our goal through Healthy Ireland is to inspire and support behavioural change and to engage citizens in bringing this change about.
Operation Transformation encourages the Irish public to get active and get healthy. Over the course of the 8-week show it gives the nation the tools they need to get moving, eat healthily and improve overall wellbeing.
Healthy Ireland sponsored Operation Transformation in 2021 as part of the Government “Keep Well” resilience campaign and as part of its obligations under Step 4 of the OPAP. Whilst the sponsorship does not confer editorial control it does allow Healthy Ireland work with the producers and recommend or weave in themes and messages on health topics, which are not confined to healthy eating and physical activity.
The Department of Health commissioned an independent quantitative market research exercise to provide some metrics, based on people’s responses in the immediate aftermath of the series. This confirmed, among other findings, that almost three quarters of respondents who watched the show said that they had made one or more positive lifestyle changes as a result of watching the show, including one third who replied that they were eating healthier food. Importantly, the vast majority of those said that they were likely to continue with the health behaviour changes that they had made. Also, with 63% of viewers stating that they have made the changes with their household or family, this demonstrates that the impact is much wider that just the one viewer but rather the entire household.
In 2021, an average of 469,000 viewers watched Operation Transformation each week, and sponsorship of this flagship RTE programme creates an enormous opportunity for Healthy Ireland to promote trusted information and resources on how to enjoy good physical and mental health.
In the current series we have seen the leaders start their journey to adopt healthy habits, under the supervision of a GP, a clinical psychologist, a nutritionist and a personal trainer. Linkages to the HSE’s Quit (smoking) Programme, opening the conversation around grief and menopause are all important messages that are being delivered as part of the series. There has also been a big focus on community, with a piece showcasing the “Men on the Move” programme.
The “Ireland Lights Up” initiative has also returned with the launch being included from Croke Park. At present over 700 GAA clubs have signed up and opened their clubs to allow communities to come together and walk in safe environment. This is particularly important on the dark January nights in rural areas, where there often are not any areas that are lit up to allow for safe exercise for the individuals and the community. Sport Ireland’s Local Sports Partnerships also arranged nationwide walks across the counties that took place on the 16th of January.
The cost of sponsorship of the show are included in the table below.
|
Year |
Sponsorship Amount € (exclusive of VAT) |
|
2021 |
230,000 |
|
2022 |
230,000 |
The duration of the contract for 2021 was from 6th January to 24th February and in 2022 from 5th January to 23rd February.
