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Thursday, 3 Mar 2022

Written Answers Nos. 296-317

Military Aircraft

Questions (296)

Mairéad Farrell

Question:

296. Deputy Mairéad Farrell asked the Minister for Foreign Affairs if the military flights transferring 7,000 US troops to Germany at the beginning of March 2022 will be refuelling in Shannon airport. [12234/22]

View answer

Written answers

I am not aware of any plans by the US to bring that number of troops through Shannon Airport in early March. I would note that the use of Shannon airport by foreign military, including the US military, is a longstanding practice, which has been in place for over fifty years. I am satisfied that this practice, which is subject to strict conditions, is fully consistent with Ireland’s traditional policy of military neutrality. 

Passport Services

Questions (297)

Catherine Murphy

Question:

297. Deputy Catherine Murphy asked the Minister for Foreign Affairs if he will expedite the processing of a passport application (details supplied) and return the documents as soon as possible. [12263/22]

View answer

Written answers

With regard to the specific applications about which the Deputy has enquired, the Passport Service has provided an update on the status of the passport application to the applicant.

Foreign Conflicts

Questions (298)

Neale Richmond

Question:

298. Deputy Neale Richmond asked the Minister for Defence if the Defence Forces will consider sending military grade equipment to Ukraine; and if he will make a statement on the matter. [12182/22]

View answer

Written answers

Ireland is continuing to provide strong political and practical support for Ukraine and we continue to assert Ukraine’s sovereignty and territorial integrity.  

The European Union has agreed a package of €500 million in military assistance for Ukraine in two separate EPF assistance measures, focusing respectively on (i) supplies not designed to deliver lethal force, such as personal protective equipment, first aid kits and fuel to a total value of €50 million and (ii) a lethal assistance component, valued at €450 million. We will pay our full share (approx €10 million) and our funding will go to non-lethal elements.

Since its creation, the EPF has been used for the provision of non-lethal military equipment and support in respect of the AU, Mali, Mozambique, Georgia, Moldova and Ukraine. In respect of Ukraine, while Member States have previously approved EPF support to Ukraine, the assistance measures have included military education sector and medical, engineering and cyber defence support. This decision will be the first occasion that the EPF has been used to provide military equipment designed to deliver lethal force. 

In line with the commitment in the Programme for Government, and the provisions in the memorandum on the EPF approved by the Government in March 2021, Ireland intends to utilise the mechanism for constructive abstention provided for in the Facility in respect of the lethal assistance components.

As such, Ireland will abstain from the decision to supply lethal equipment to the Ukrainian military and will not contribute financially to this aspect. Instead, we will provide a corresponding contribution to the provision of non-lethal support.

In addition, the government is providing €10 million in humanitarian aid and medical supplies.

Site Acquisitions

Questions (299)

Brendan Howlin

Question:

299. Deputy Brendan Howlin asked the Minister for Education if she will set out the progress to date in identifying and acquiring a permanent site for the new school building for a school (details supplied); and if she will make a statement on the matter. [12176/22]

View answer

Written answers

I can confirm that, following an extensive site identification & assessment process assisted by Wexford County Council, two potential permanent site options for Gorey Educate Together Secondary School have been identified and negotiations with the landowners are ongoing.

In relation to the acquisition of permanent sites and as the Deputy will appreciate, the site acquisition process is very complex and subject to completion of successful negotiation and many conveyancing processes. Each acquisition is also very unique and dependant on multiple factors many which may be outside of the control of my Department. The Deputy will also appreciate the importance of conducting a thorough appraisal of site options before proceeding with an acquisition in order to obtain best value for the Exchequer. In this regard, it is not possible to give a specific timeframe for the completion of site acquisitions.

Given the commercial sensitivities associated with land acquisitions generally I am not in a position to comment further at this time. I can, however, assure the Deputy that the acquisition of a new site for Gorey Educate Together Secondary School is a priority for the Department and the patron body will be informed of the location for the school as soon as it is possible to do so.

School Accommodation

Questions (300)

Dara Calleary

Question:

300. Deputy Dara Calleary asked the Minister for Education if she will review an instruction issued to a school (details supplied) that its playing pitches be used for temporary prefabs during a large rebuild given other space is available on or adjacent to the school site. [12220/22]

View answer

Written answers

The school to which the deputy refers requires interim temporary accommodation to meet its short-term accommodation needs. The Department is engaged with the school in question and its design team with a view to delivering the required level of provision as safely and expeditiously as possible.

The intended location of the temporary accommodation has been identified as the most appropriate site available to the school by the school's design team. The Department will consider any viable proposals made by the school and its design team in terms of play space that may be displaced as a result of this project.

Special Educational Needs

Questions (301)

John McGuinness

Question:

301. Deputy John McGuinness asked the Minister for Education if a special needs assistant and other supports will be provided in the case of a child (details supplied); and if the resolution to the matter will be expedited. [12230/22]

View answer

Written answers

The NCSE has responsibility for planning and coordinating school supports for children with special educational needs including the allocation of SNAs and reviews.

The Special Needs Assistant (SNA) scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs.  Such support is provided in order to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.

SNAs are not allocated to individual children but to schools as a school based resource. The deployment of SNAs within schools is a matter for the individual Principal/Board of Management of the school.  SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. 

It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised. 

SNA support is allocated to special classes and special schools by the National Council for Special Education (NCSE). The NCSE has published the SNA alltions on their website www.ncse.ie. 

Under the allocation model for special classes and special schools, the SNA allocation can change from year to year as children with care needs leave the school, as new children with care needs enrol in a school and as children develop more independent living skills and their care needs diminish over time. There is a prescribed special class to SNA ratio.

ASD special classes have an allocation of 1 teacher and 2 SNA posts to cater for the educational and care needs of 6 students.

Additional SNA support may also be sanctioned by the NCSE where there are individual children who have significant care needs which require support above the level of support already sanctioned to the school. In such circumstances, the school may apply to the NCSE for access to additional care supports, clearly outlining the reason why the additional support is necessary.

Detailed information on the NCSE exceptional review process is published on the NCSE website https://ncse.ie/for-schools

The NCSE has confirmed that as of Monday 28th February 2022, the school has not submitted an application for additional SNA support.

My Department does not have a role in making individual school determinations and the school should liaise with the NCSE directly in the event that additional supports are required.

Disadvantaged Status

Questions (302)

Paul Kehoe

Question:

302. Deputy Paul Kehoe asked the Minister for Education when the refined DEIS model will be applied; when schools will be informed of whether they will be included in the expanded scheme; and if she will make a statement on the matter. [12266/22]

View answer

Written answers

Budget 2022 has provided for an allocation of €18million for 2022 and €32million for 2023 to extend the DEIS programme to further schools with the highest levels of disadvantage. This represents an increase of over 20% in funding for the DEIS programme and will enable an expansion in 2022 to additional schools.

This package follows an extensive body of work which has been under taken by the DEIS technical group in relation to the development of a model to identify the concentrated levels of disadvantage of schools. The refined DEIS identification model is an objective, statistics based process, based on school enrolment data and data available from Census 2016 under the HP Deprivation Index. It is important to note that there is no application process for the DEIS programme and all schools will be considered under the refined DEIS model when it is applied. An announcement regarding the DEIS model will be made in time for arrangements to be put in place for September 2022.

In advance of the implementation of the refined DEIS identification model, there will be further engagement with relevant stakeholders. The purpose is to ensure that, as far as possible, the refined DEIS identification model can provide an objective and independent means of identifying schools serving high concentrations of pupils at risk of educational disadvantage and also to ensure there is a full understanding of the refined model and its potential application.

Social Welfare Schemes

Questions (303)

Richard Boyd Barrett

Question:

303. Deputy Richard Boyd Barrett asked the Minister for Social Protection the selection criteria for activation programs for social welfare claimants; and if she will make a statement on the matter. [12204/22]

View answer

Written answers

The aim of the activation process is to support jobseekers along a pathway to sustainable employment. The approach is to help them to develop and pursue a Personal Progression Plan (PPP), including steps to identify and compete for suitable employment opportunities, to take-up relevant work experience, topursue upskilling and training programmes, to set up their own business, to return to fulltime education, or to participate in State/community employment programmes. PPPs are tailored to the needs of the individual and form the basis of the engagement through agreed actions between the client and the employment services officer.

Jobseekers selected for activation are invited to engage with an employment services officer to

a) explore employment, training and development options, and

b) actively pursue a program of agreed actions to be taken towards gaining employment.

Activation services are provided both internally through the Department’s Intreo Centres, and externally through our partners such as Local Employment Services (LES) and JobPath.

The criteria for selection for activation are as follows:

- The customer has been awarded a jobseeker payment, and

- There is no policy reason for excluding the customer from activation. For example, jobseekers aged 62 years and upwards are not selected for activation.

Additional criteria apply to customers selected for the Local Employment Service (LES) and JobPath.

- In the case of both LES and JobPath, customers are selected when they have more than 312 claim paid days.

- In the case of JobPath, additional criteria apply including the referral of casual workers and self-employed persons in receipt of an income-related jobseeker’s payment.

The selection process is automated and is random.

I trust that this clarifies the matter for the Deputy.

Social Welfare Schemes

Questions (304, 305)

Seán Sherlock

Question:

304. Deputy Sean Sherlock asked the Minister for Social Protection the breakdown of supplementary welfare allowance applications in January and February 2021, by county; the number of applications awarded in those months; the number refused in those months; the total amount paid out in those months; and the reasons given for the payments by county. [12221/22]

View answer

Seán Sherlock

Question:

305. Deputy Sean Sherlock asked the Minister for Social Protection the breakdown of supplementary welfare allowance applications in January and February 2022, by county; the number of applications awarded in those months; the number refused in those months; the total amount paid out in those months; and the reasons given for the payments by county. [12222/22]

View answer

Written answers

I propose to take Questions Nos. 304 and 305 together.

The supplementary welfare allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the SWA scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single exceptional needs payments (ENPs) and urgent needs payments (UNPs).

The basic supplementary welfare allowance provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes.

Rent supplement provides short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The scheme ensures that for those who were renting, but whose circumstances have changed due to temporary loss of employment, can continue to meet their rental commitments.

Under the SWA scheme, a supplement can be awarded to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary. In addition, officers can make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income. Decisions on ENPs and SWA supplements are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case.

Statistics are maintained on the number of applications awarded under the SWA scheme. Statistics are not maintained on the number of applications refused, including over the period January/February 2021 and January/February 2022. My Department is currently compiling more extensive statistics in relation the number of applications made to the SWA schemes in 2022.

As expenditure on the SWA schemes is reported on an annualised basis, the amounts paid out for the months in question are not available.

I trust this clarifies the matter for the Deputy.

Table 1 shows the number of Basic SWA and supplement recipients by county, at end of January 2021.

Table 2 shows the number of Basic SWA and supplement recipients by county, at end of February 2021.

Table 3 shows the number of Basic SWA and supplement recipients by county, at end of January 2022.

Table 4 shows the number of Basic SWA and supplement recipients by county, at end of February 2022.

Table 5 shows the number of ENPs and UNPs paid by county for January 2021, February 2021, January 2022 and February 2022 (To the 25th).

Table 6 shows the number of ENPs and UNPs paid by category for January 2021, February 2021, January 2022 and February 2022 (To the 25th).

SWA Tables 1-6

Question No. 305 answered with Question No. 304.

Social Welfare Schemes

Questions (306)

John McGuinness

Question:

306. Deputy John McGuinness asked the Minister for Social Protection if supplementary welfare will be approved for a person (details supplied); and if the household issues will be investigated to determine the level of intervention required. [12232/22]

View answer

Written answers

According to the records of this Department, the person concerned was awarded a One Parent Family Payment with effect from 12/08/2021.  He is currently in receipt of a weekly payment of €441 which includes a Fuel Allowance payment of €33.  The person concerned is also receiving a Carer’s Allowance payment of €112 per week, a monthly Domiciliary Care payment of €309.50 and Child Benefit of €700.

Under the Supplementary Welfare Allowance scheme, my Department can make a single Exceptional Needs Payment (ENP) to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income.  There is no automatic entitlement to these payments which are payable at the discretion of the officers administering the scheme, considering the requirements of the legislation and all the relevant circumstances of the case.

According to our records the person concerned applied for an ENP on 18/08/2021 to assist with funeral expenses and was awarded €3,000 on the same day.  The person concerned was also awarded ENPs on 05/08/2021 and 30/08/2021 for €500 and €300 respectively.

An official from the Community Welfare Service in Kilkenny has arranged for an ENP application pack to be issued to the person concerned.  When a completed application has been received a Designated Person will assess the claim and the person concerned will be advised of the outcome in writing.

I hope this clarifies the matter. 

International Protection

Questions (307)

Neale Richmond

Question:

307. Deputy Neale Richmond asked the Minister for Children, Equality, Disability, Integration and Youth the preparatory measures that have been taken to house refugees fleeing Ukraine following the Russian invasion; and if he will make a statement on the matter. [12184/22]

View answer

Written answers

The Russian military onslaught against the government and people of Ukraine is an international outrage. Our response must be to aid the Ukrainian people in any way we can during this time of utmost need for them. 

My Department has begun planning to enable a quick and effective response in the event that Ukrainian nationals come to Ireland seeking international protection.

I am liaising with the Cabinet and my EU colleagues to ensure an effective humanitarian response. My Department will work closely with key stakeholders, the European Commission, other EU Agencies and Member States in order to be prepared for a sudden increase in individuals seeking international protection in the EU and to assist in responding to the EU's coordinated approach in this regard.

I can confirm that accommodation will be made available by the International Protection Accommodation Service (IPAS) to those Ukrainian nationals who seek international protection in Ireland should they require it.  Work is beginning to identify suitable accommodation in this regard.

International Protection

Questions (308)

Ruairí Ó Murchú

Question:

308. Deputy Ruairí Ó Murchú asked the Minister for Children, Equality, Disability, Integration and Youth the number of international protection applicants looked after at a quarantine facility (details supplied) in County Louth from May 2021 to date by month; the number of persons accommodated; the average length of stay for each month in tabular form; and if he will make a statement on the matter. [12212/22]

View answer

Written answers

The centre to which the Deputy refers was used to provide quarantine facilities for residents who left their allocated accommodation to live temporarily with family or friends and who wished to re-enter International Protection Accommodation Services (IPAS) accommodation at a later date.

IPAS adopted this policy in 2020 following consultations with public health officials in order to mitigate the risk of spread of COVID-19 from private accommodation to the IPAS accommodation network. 

The average length of stay at this centre was 12 days in the period May 2021 to December 2021. The below table provides a breakdown of the number of residents that the centre has accommodated between the period of May 2021 to present date.  The centre has been used as a standard centre to accommodate applicants for international protection since January 2022.

Month

No. of Residents

Average Length of Stay in days

May-21

29

14

Jun-21

47

15

Jul-21

33

14

Aug-21

20

13

Sep-21

31

11

Oct-21

26

12

Nov-21

32

17

Dec-21

5

3

Jan-22

104

N/A

Feb-22

148

N/A

Deputy, I trust that this information satisfies your query.

Covid-19 Pandemic Supports

Questions (309)

Kathleen Funchion

Question:

309. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the value of the employment wage subsidy scheme to the early learning and care and school age childcare sector; the estimated cost to these providers of implementing Covid-19 measures; and if he will make a statement on the matter. [12262/22]

View answer

Written answers

Employers in the Early Learning and Care and School-Age Childcare (ELC and SAC) sector have been entitled to access the Employment Wage Subsidy Scheme (EWSS) since August 2020, with an exemption from the requirement to demonstrate the 30% drop in turnover that applies to other sectors.

Between October 2020 and November 2021, the enhanced rate of EWSS equalled approximately €34 million, per month for ELC and SAC employers, which my officials have estimated covered, on average, 80% staff costs or 50% total normal operating costs.

For February 2022, the original two-rate structure of €203 per week and €151.50 per week applied; this amounted to approximately €22 million per month for ELC and SAC employers, covering, on average, 50% staff costs or 38% total normal operating costs.

For March and April 2022, the flat rate subsidy of €100 per week will apply; this amounts to approximately €11 million per month in the sector, and will cover, on average, 25% staff costs or 11% total normal operating costs. 

A Transition Fund will be available to ELC and SAC services from May to August inclusive, to support services during the period between the phasing out of the EWSS in April and the introduction of the new Core Funding stream in September.  

Because of the diversity of service provision, the costs associated with implementing public health guidance varied for individual ELC and SAC providers.  On a broad, sector-wide basis, data from Revenue indicates that monthly pay roll costs of ELC and SAC employers were approximately €12 million higher when compared to pay roll for these employers before the onset of the pandemic (i.e. February 2020).  However, this figure also includes any pay increases for staff over the same time period as well as  payroll costs for any non-ELC and SAC staff.

The EWSS has, since its inception, represented a very substantial investment in the sector, and has operated alongside a number of supports that my Department has put in place at various points during the Covid-19 pandemic. The evidence suggests that it has been successful in supporting the sustainability of services and preventing increasing costs being passed onto parents.

Government has now decided to remove public health restrictions based on the recommendations from the National Public Health Emergency Team (NPHET). 

In line with NPHET recommendations, physical distancing measures such as play-pods, and mask wearing, are no longer be required in ELC and SAC settings with effect from 28 February. If members of staff or children wish to continue wearing face masks or coverings, they should be facilitated to do so.

My Department provided updated sector-specific infection, prevention and control guidance to the sector on 25 February.

The recommendations do still place a huge importance on continued Infection Prevention and Control (IPC) measures, isolation if symptomatic, vaccination and booster programmes. Hygiene measures remain important, and both staff and children should stay at home if symptomatic. In general, services should now resume normal routines and normal learning and care activity.

Childcare Services

Questions (310)

Gerald Nash

Question:

310. Deputy Ged Nash asked the Minister for Children, Equality, Disability, Integration and Youth his views on a policy issue raised by a person (details supplied) relating to the unavailability of childcare in County Louth; his plans to ensure that sufficient childcare capacity is available; and if he will make a statement on the matter. [12267/22]

View answer

Written answers

The availability of high-quality early learning and childcare that is affordable and accessible is a key Government priority. 

Since 2015, significant increases in State investment in early learning and childcare has given rise to a substantial growth in the numbers of children participating in these services. More than 100,000 children now participate on the universal pre-school programme on an annual basis and the National Childcare Scheme subsidises up to 80,000 children.

To ensure that the supply of early learning and childcare places meets demand, my Department has, since 2015, funded the creation of more than 27,000 new places through an Annual Capital Programme. Through this Annual Programme, priority has been attached to, inter alia, the creation of places for children under 3.

Before the onset of Covid-19, national data indicated that, on the whole, supply of early learning and childcare places was meeting demand, with evidence of undersupply for certain age groups including children under 3, and in certain areas.

Data gathered throughout the Covid-19 pandemic revealed lower demand for early earning and childcare, and reduced occupancy among early learning and childcare services. Indeed, data captured in June 2021 found significant vacancy rates across the country – with the national vacancy rate averaging at 21% and the vacancy rates for all age groups having risen significantly compared to two years ago.

National Vacancy Rate By Age (June 2021)

Up to 1 year (0-12 months)

20%

1 year+ to 2 years (13-24 months)

10%

2 years+ to 3 years (25-36 months)

17%

3 years+ to 4 years (37-48 months)

17%

4 years+ to 5 years (49-60 months) Non-School-Going

12%

4 years+ to 5 years (49-60 months) School-Going

42%

5 years+ to 6 years (61-72 months) Non-school going

30%

5 years+ to 6 years (61-72 months) School going

48%

6 years+ to 8 years (73-96 months)

37%

8 years+

34%

Total

21%

My Department is continuing to monitor early learning and childcare capacity, particularly in light of the recent lifting of Covid-19 restrictions.

Pobal has, using the data captured in June 2021 and current registration data, recently projected vacancy rates in February 2022. While this analysis shows a fall in vacancy rates from June 2021 to February 2022 – with vacancy rates falling from 21% to 19%, this analysis suggests that there is unused capacity across the country. Further analysis is being undertaken by Pobal to establish if this unused capacity varies by type of provision or location, to establish the degree of mismatch is supply and demand for certain cohorts or children or in certain areas.

Pobal will also commence new data collection in April 2022, as part of the Annual Early Years Sector Profile survey. This will allow for updated information on capacity among early learning and childcare services to be established.

In addition to these efforts to monitor capacity issues across the country, my Department is planning a range of steps to address any issue of under supply. A new funding model, to roll out in September, will provide funding for services aligned to costs of delivery so, for example, greater funding will be available to services that cater for younger children where costs of delivery are higher than older children. Some €70m has been allocated to my Department through the revised National Development Plan (NDP) – with the majority of this funding earmarked for new places. Another important step being taken by my Department, in partnership with the Department of Housing Planning and Local Government (DHPLG), is to update the 2001 Planning Guidelines for Local Authorities on Early Learning and Childcare Settings.

Parents experiencing difficulty in relation to their early learning and childcare needs should contact their local City/County Childcare Committee (CCC) for assistance. Contact details for CCCs may be found on www.myccc.ie.

Visa Agreements

Questions (311)

Patrick Costello

Question:

311. Deputy Patrick Costello asked the Minister for Justice if she will ensure that all airlines operating flights into Ireland are informed of updated rules waving entry requirements for Ukrainian citizens thus ensuring that they are not refused entry to flights bound for Ireland. [12172/22]

View answer

Written answers

On Friday the 25th of February I announced the immediate lifting of visa requirements between Ukraine and Ireland. This will streamline and support the swift exit of both the Ukrainian family members of Irish citizens, and the family members of people from Ukraine who are resident in Ireland. It will apply as an emergency measure to all Ukrainians travelling to Ireland.

The Statutory Instrument removing the visa requirement for Ukraine nationals as an emergency measure takes immediate effect.

I can further confirm that given the urgent humanitarian nature of this measure, the Border Management Unit of my Department have communicated directly with all carriers flying into Dublin Airport, to make them aware of the lifting of the visa requirement for Ukrainian nationals.

Timatic (Travel Information Manual Automatic), which is also referred to as ‘IATA’ or ‘TIMS’, an organization which maintains a repository of various travel information, including the requirements for visas, referred to by airlines and ferry companies around the world, have also been advised of the recent changes by my Department and have confirmed that they have updated their system in this regard.

Visa Agreements

Questions (312)

Neale Richmond

Question:

312. Deputy Neale Richmond asked the Minister for Justice the number of Ukrainian citizens who are resident in Ireland; and if she will make a statement on the matter. [12186/22]

View answer

Written answers

I introduced the immediate lifting of visa requirements between Ukraine and Ireland as an emergency measure which came into effect on 25 February.  This will streamline and support the swift exit of both the Ukrainian family members of Irish citizens, and the family members of people from Ukraine who are resident in Ireland. It will apply as an emergency measure to all Ukrainians travelling to Ireland and is a humanitarian response to the rapidly evolving situation in Ukraine. 

Since I introduced the Visa waiver on Friday 25 February, a total of 143 Ukrainians have arrived in the state up to 28 February 2022. However, it should be noted that many of those who travelled were already resident in the State and had travelled back to the State for reasons other than escaping the conflict in Ukraine. The situation will be kept under review as events transpire.  

The best information available to my Department to answer the Deputy’s question is as follows:

The number of Ukrainian citizens registered with an immigration permission in Ireland as of February 2022 is 2,298. A further 4,272 Ukrainians have been naturalised since 2006. 

Covid-19 Pandemic

Questions (313, 314)

Ruairí Ó Murchú

Question:

313. Deputy Ruairí Ó Murchú asked the Minister for Justice the number of penalties that have been issued for non-compliance of mask wearing by public transport operators in tabular form; and if she will make a statement on the matter. [12196/22]

View answer

Ruairí Ó Murchú

Question:

314. Deputy Ruairí Ó Murchú asked the Minister for Justice the number of enforcement notices that have been issued for non-compliance of mask wearing by public transport operators in tabular form; and if she will make a statement on the matter. [12197/22]

View answer

Written answers

I propose to take Questions Nos. 313 and 314 together.

As the Deputy will be aware, the Garda powers in response to the Covid -19 pandemic were provided for under section 31A of the Health Act 1947, as inserted by the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and brought temporarily into effect through subsequent regulations – the Health Act, 1947 (Section 31A – Temporary Restrictions) (Covid-19) Regulations 2020. The regulations were signed by the then Minister for Health, following consultation with my predecessor as Minister for Justice and Equality, Mr Charlie Flanagan TD, as well as the then Minister for Finance and for Public Expenditure and Reform.

On foot of this, the Garda Commissioner and his senior team implemented a carefully graduated policing response, based on its strong tradition of policing by consent. Garda members engaged, explained and encouraged members of the public to comply and, only as a last resort, made use of their enforcement powers under these regulations. 

With regard to the figures requested by the Deputy, I am informed by the Garda authorities that there are 48 recorded instances of a fine being issued due to breaches of regulations relating to face coverings on public transport.

I am further advised that there are 34 recorded instances of a summons being issued due to breaches of regulations relating to face coverings on public transport.

I am informed that the above figures were collated based on data from Pulse and the Fixed Charge Processing System as of 1:30am on 1 March 2022.  The Deputy will appreciate that these figures are operational and may be liable to change. 

Question No. 314 answered with Question No. 313.

Visa Agreements

Questions (315)

Jennifer Whitmore

Question:

315. Deputy Jennifer Whitmore asked the Minister for Justice if visa requirements for all Ukrainian citizens coming into Ireland will be removed; if this will be reserved for family members; and if she will make a statement on the matter. [12225/22]

View answer

Written answers

On the 25th of February I announced the immediate lifting of visa requirements between Ukraine and Ireland.  This will streamline and support the swift exit of both the Ukrainian family members of Irish citizens, and the family members of people from Ukraine who are resident in Ireland. It will apply as an emergency measure to all Ukrainians travelling to Ireland. The Statutory Instrument removing the visa requirement for Ukraine nationals as an emergency measure takes immediate effect.

People who are considering leaving Ukraine and travelling to Ireland may, for the coming period do, so without a visa if they judge it safe to travel. Those who travel to Ireland without a visa during this period will initially be given a standard 90 day entry permission while appropriate support and protection measures are put in place.

The Immigration Service website will continue to be updated with all relevant information in relation to our response to the evolving situation in the Ukraine. These notices can be viewed at:

www.irishimmigration.ie/category/updates-and-announcements/.

An Garda Síochána

Questions (316)

Catherine Murphy

Question:

316. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí who resigned while suspended in each of the past ten years to date in 2022, in tabular form. [12236/22]

View answer

Written answers

As the Deputy will appreciate, disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 (as amended) and the Garda Síochána (Discipline) Regulations 2007, as amended by the Garda Síochána (Discipline) (Amendment) Regulations 2011, and are a matter for the Garda Commissioner. As Minister, I have no role in these independent functions.

I am informed by the Garda authorities that the table below sets out the number of Gardaí that resigned while suspended from 2012 up to 2022. 

Year

Number of Members

2012

0

2013

2

2014

0

2015

2

2016

1

2017

0

2018

4

2019

5

2020

7

2021

7

2022

1

Total

29

I am advised by the Garda authorities that there is no maximum duration that a member of An Garda Síochána can be suspended for, as each case is different and has to be decided on its merits. Each suspension is reviewed on a regular basis for any changes in circumstances. Some members are before the courts and are awaiting dates for trials and therefore discipline investigations have to be put into abeyance, pending conclusion of the criminal proceedings. In other cases discipline investigations are ongoing or the case may be subject to a hearing before a Board of Inquiry or Appeal Board, which all impact on suspensions.

I am informed that in all cases where a member of An Garda Síochána is suspended, they are informed of the reason(s) for the suspension. The suspended member is informed of the availability of the Garda Employee Assistance Service and given contact details by a Liaison Officer. Upon suspension, the member is served with a notice which sets out the conditions attached to the suspension and the entitlements or otherwise of the suspended member. 

International Agreements

Questions (317)

Catherine Murphy

Question:

317. Deputy Catherine Murphy asked the Minister for Justice if she and or her officials have made a submission on a new law known as Prüm II which updates earlier rules on the cross-Border searching of DNA, fingerprint, facial recognition databases and vehicle registration data; if she plans to open a public consultation on the matter; and if she has engaged with civil liberty groups on the matter. [12273/22]

View answer

Written answers

As the Deputy may be aware, the European Commission published a proposal for a Regulation of the European Parliament and of the Council on automated data exchange for police cooperation (“Prüm II”), Council Decisions 2008/615/JHA and 2008/616/JHA, and Regulations (EU) 2018/1726, 2019/817 and 2019/818 of the European Parliament and of the Council in December 2021. At this point, this legislative initiative remains a proposal and thus is not in force.

I can inform the Deputy that the proposal is still in the early stage of negotiations in the Council working party on Information Exchange and Information Management, and Department officials participate in these negotiations, along with other Member States and Schengen associate countries in line with the ordinary legislative procedure.  It is not therefore possible at this stage to predict with accuracy the timeframe for adoption of the measure.

As the Deputy will be aware, the specific policy objectives of the Prüm II proposal are to:

- Provide a technical solution for efficient automated exchange of data between law enforcement authorities to make them aware of relevant data that is available in the national database of another Member State;

- Ensure that more relevant data (in terms of data categories) from national databases in other Member States is available to all competent law enforcement authorities;

- Ensure that relevant data (in terms of sources of data) from Europol’s databases is available to law enforcement authorities;

- Provide law enforcement authorities with efficient access to the actual data corresponding to a ‘hit’ that is available in the national database of another Member State.

The Deputy will also be aware that in preparing the published proposal, the European Commission undertook extensive consultations including targeted consultations of concerned stakeholders, including end-users of the system, namely Member States’ authorities using the Prüm automated data exchange, ranging from law enforcement and judicial authorities, national vehicle registration authorities, national database custodians and forensic laboratories. The European Fundamental Rights Agency and non-governmental organisations such as EDRi (European Digital Rights) also provided input in light of their expertise. An impact assessment study was completed and published and a public consultation exercise was undertaken by the European Commission and advertised on their website.

Without prejudicing ongoing deliberations and negotiations, Ireland’s general position on law enforcement cooperation with our European partners is positive. Ireland’s participation in the existing Prüm Decisions and our potential participation in the proposal is in accordance with our rights and obligations under Protocol 21 annexed to the Treaty on the Functioning of the European Union. No decision has been made at this point as to whether Ireland will seek to opt-in to the proposal and importantly any decision to seek such an opt-in will be subject to a vote and the approval of motions in both Houses of the Oireachtas.

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