Written Answers Nos. 152-171
153. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 155 of 19 May 2022, if he will provide a breakdown of beds that are being delivered and underway per institution; and if he will make a statement on the matter. [26810/22]
View answerThe Department understands that the breakdown of existing, and in development student bed spaces in publicly funded higher education institutions is as follows:
|
HEIs |
DCU |
TCD |
UCC |
UCD |
UL |
NUIG |
MU |
*SETU |
Total |
|
Existing Beds |
1,400 |
2,124 |
1,277 |
4,092 |
2,850 |
1,193 |
1,200 |
426 |
14,562 |
*Formerly WIT
|
HEIs |
Beds Completed 2020-2021 |
Beds underway on site |
|
UCD |
970 |
n/a |
|
UCC |
n/a |
255 |
|
NUIG |
n/a |
674 |
|
Total |
970 |
929 |
154. Deputy Richard O'Donoghue asked the Minister for Further and Higher Education, Research, Innovation and Science the reason that monies earned by third-level students from the summer work is included in the means for the SUSI grant; if student earnings will be excluded for same (details supplied); and if he will make a statement on the matter. [26896/22]
View answerThe assessment of means under the student grant scheme is based on gross income from all sources, with certain social welfare and health service executive payments being exempt. Student grant applications for academic year 2022/23 will be assessed based on income earned in 2021.
However, under Article 22(5)(b) of the Student Grant Scheme 2022, income from an applicant’s employment which represents "holiday earnings" outside of term time but within the reference period, subject to a maximum of €4,500 can be deducted from the total reckonable income assessed. (This relates to the student's earnings from employment outside of term time i.e. the holiday periods of Christmas, Easter and the summer months).
The eligibility criteria for student grants are reviewed annually by the Department and approved by the Department of Public Expenditure and Reform. All proposals made in relation to education expenditure, including student grants, are considered in the context of the annual Budget. Any proposal to further increase the holiday earnings threshold must be considered in the context of not adversely impacting upon retention rates/the student’s ability to primarily focus on successfully completing his/her studies.
As part of Budget 2022, I have secured an additional €15m to enhance the existing financial supports under the Student Grant Scheme for implementation in 2022.
For the academic year 2022/23 this will mean:-
- An increase to all student grant maintenance payments, including the special rate of grant, of €200 per year which will benefit all students entitled to receive a maintenance Grant.
- The income thresholds to qualify for the standard rates of student grant have been increased by €1,000.
- The qualifying distance criterion for students to qualify for the non-adjacent rate of grant has been reduced from 45km to 30km, effective from the start of the 2022/23 academic year.
I have prioritised these changes for the 2022/23 academic year and they will benefit thousands of students building on the improvements that have already been made for postgraduate students through this year’s student grant scheme. These improvements to the student grant scheme have been a priority for me since taking up my Ministerial appointment.
155. Deputy Holly Cairns asked the Minister for Justice if he will permit non-EEA persons to work on any size fishing vessel under the atypical work permit scheme. [26929/22]
View answer168. Deputy Holly Cairns asked the Minister for Justice if she will provide a path to visa stamp 4 and full labour market access for all non-EEA fishers, both documented and undocumented. [26932/22]
View answerI propose to take Questions Nos. 155 and 168 together.
The Atypical Working Scheme was established as a cross Departmental response to address the issue of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for an employment permit under the regime operated by the Department of Enterprise, Trade and Employment.
The Scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet and was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the Scheme.
The Scheme requires that the crew member be provided with a copy of their contract of employment in both English and in their native language by their employer.
The Scheme applies only to non-EEA fishers who seek permission to work in the State on licensed and registered fishing vessels in the Polyvalent, Beamer and specific segments of the Irish Fishing Fleet for vessels more than 15 metres in length. This condition is based on advice that vessels of smaller size would not be in a position to meet national and EU labour market protection requirements with respect to the proportion of employees employed by any person or organisation who must be sourced from either within the State or within the EEA.
AWS permission holders can make a request to change to a different employer licensed under the Scheme at any time during their permission. They do not need to leave the State in order to do this.
A number of Departments are involved in the Scheme and it is monitored by an Oversight Committee, chaired by the Department of Agriculture, Food and Marine, with members from relevant Departments and State Agencies.
A review of the Atypical Working Scheme for non-EEA fishers was recently carried out by officials from my Department, the Department of Agriculture, Food and the Marine, and the Department of Enterprise, Trade and Employment.
As part of the review, stakeholders involved, or with an interest in, the scheme, including relevant Government Departments and agencies, employer groups, solicitors representing applicants, the International Transport Workers Federation and others were invited to make submissions by 2 February 2022.
The review group has recently concluded its work and I intend, together with ministerial colleagues in the Department of Enterprise, Trade and Employment, and the Department of Agriculture, to make proposals to Government shortly.
In the meantime, the Oversight Committee continues to oversee the scheme as currently structured.
156. Deputy Niamh Smyth asked the Minister for Justice if she will advise on an issue (details supplied) in relation to a change in a postal address; and if she will make a statement on the matter. [26576/22]
View answerI wish to advise the Deputy that where a Peace Commissioner has changed postal address they should write to my Department to inform the Peace Commissioner Unit of these changes. Should a Peace Commissioner no longer reside in their county of appointment, or an adjoining county, they will have to resign their position and, should they wish to do so, seek reappointment for the county in which they now reside. Applications can be made to the Office of the Minister for Justice, 51 St Stephen's Green, Dublin 2, D02 HK52.
I wish to inform the Deputy that, as Minister, I have no function in the appointment of Commissioners for Oaths which is entirely a matter for the Chief Justice to whom an application for such an appointment is made. Queries from Oireachtas Members can be made directly to the Courts Service’s dedicated email address at: oireachtasenquiries@courts.ie.
I would draw the Deputy's attention to the Courts Service website www.courts.ie which contains an Information Note and other documentation relating to such appointments.
157. Deputy Patricia Ryan asked the Minister for Justice her plans to address the pay and conditions concerns of prison officers; and if she will make a statement on the matter. [26578/22]
View answerAs you are aware my colleague Minister McGrath leads on national pay policy and the long standing approach has been to negotiate public pay deals centrally and collectively. This ensures that pay costs are managed in a sustainable and orderly way and in a climate of industrial peace.
As the Deputy will be aware, the current public service agreement, Building Momentum, is a two year Agreement and runs to the end of 2022.
On 14 March 2022, ICTU advised the Minister for Public Expenditure and Reform of their intention to seek a review of Building Momentum in accordance with Section 5.7 of the Agreement which states:
“The parties affirm that public service pay and pensions and any related issues shall not be revisited over the lifetime of this Agreement, save where the assumptions underlying this Agreement need to be revisited. In such circumstances, the parties commit to prior engagement.”
Having discussed the matter with Government, the Minister for Public Expenditure and Reform directed his officials to arrange to enter into exploratory discussions with Public Service Unions and representative staff associations in relation to an agreed way forward on public service pay issues.
These will be challenging discussions against a very difficult backdrop. Discussions must be cognisant of the multiple challenges that the country is currently facing including the impact of rising inflation and the conflict in the Ukraine.
However, the Minister for Public Expenditure and Reform has advised that he believes that there is scope for all Parties to engage constructively in a way forward that is reasonable and fair to both public servants and the taxpayer. As always, the Government will engage in good faith to reach a mutually acceptable outcome in any discussions.
158. Deputy Patricia Ryan asked the Minister for Justice her plans to establish a female open prison; and if she will make a statement on the matter. [26580/22]
View answerI wish to assure the Deputy that I am very cognisant that female offenders represent a particularly vulnerable group within the prison system. It is the case that provision of an Open Centre for women was considered in the context of the Probation Service/Irish Prison Service joint Women Strategy 2014-2016, which sought to improve the outcomes for women offenders.
A joint working group between the two agencies recommended that the most practical and cost effective way to address the needs identified was to develop a step-down facility for women. In this regard, the Probation and Prison Service worked collaboratively towards the identification of a suitable venue for a women’s step down unit in Dublin, via a procurement process run by the Office of Government Procurement.
The Outlook Programme, which opened on 10 May 2019, now provides this step-down facility. The vision of the Programme is to promote the rehabilitation and re-integration of women leaving prison and those who have accommodation needs requiring support in the community. This is achieved through the provision of a wrap- around service that supports independent living skills, training and employment opportunities and pro-social behaviour in order to reduce risk of re-offending
The Programme which is run in joint partnership between the Prison and the Probation Service, and managed by Focus Ireland, supports women serving sentences of imprisonment who pose a low risk to society to gradually re-integrate into the community.
In addition, as the Deputy will be aware, the Prison Service is currently in the process of a major redevelopment of Limerick Prison which includes the construction of a new prison facility for women prisoners.
The new accommodation block for women offenders in Limerick will replace the use of the female wing at that prison. The design of the new facility is based on the principle of rehabilitation and normalisation reflecting contemporary design standards. A mix of accommodation units are being provided based around an external courtyard setting. The development will provide accommodation for 50 women prisoners and is scheduled for completion in late 2022. When open, this new facility will represent a complete change in the standard of accommodation and rehabilitative supports for women prisoners at that facility.
159. Deputy Patricia Ryan asked the Minister for Justice her plans to provide in-cell phones in each prison; the restrictions that will apply to their use; and if she will make a statement on the matter. [26581/22]
View answerI can inform the Deputy that the project to provide in-cell telephony across the Prison Estate is complete in Castlerea, Cloverhill, Midlands, Cork and Limerick prisons. (This excludes the old female unit as the new unit is currently nearing completion).
The Prison Service is acutely aware of the importance of assisting prisoners to maintain close contact with family and friends while in custody. Both play an important and supportive role in the rehabilitation of prisoners and in their preparation for life post release and the in-cell telephony project will enhance the Prison Service’s ability to provide prisoners with a platform to support this contact.
The Prison Service anticipates the completion of in-cell telephony to the Dóchas Centre, Portlaoise and Wheatfield Prisons by the end of 2022. This is dependent on the ability of the Service to acquire the relevant equipment. Like many businesses, the IPS is dealing with supply chain issues for technological equipment at present and as a result there are delays being experienced. Subject to the availability of necessary resources, the Prison Service intend to provide in-cell telephony in Arbour Hill and Mountjoy Male prison in 2023.
It is important to note that the same restrictions and oversight will apply to in-cell telephony as apply to the existing prisoner telephone system. Calls will be limited to certain pre-approved numbers, call duration, the monitoring and recording of calls will be in line with the current process.
160. Deputy Thomas Gould asked the Minister for Justice if the certificate confirming a person as a peace commissioner is a once-off document; the location in which a person can request a new copy. [26619/22]
View answerAs the Deputy may be aware, Peace Commissioners are appointed by the Minister for Justice under section 88 of the Courts of Justice Act 1924, for the county in which they reside and adjoining counties. A Peace Commissioner is an honorary appointment and those appointed receive no remuneration or compensation by way of fees or expenses for their services.
The appointment of a Peace Commissioner is entirely at my discretion as the Minister for Justice, however, the fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as a Peace Commissioner.
The Warrant of Appointment for a Peace Commissioner is a unique document and as such, replacement warrants are not issued. If a Peace Commissioner misplaces their warrant they can write to my Department requesting a letter confirming their inclusion on the Roll of Peace Commissioners.
161. Deputy Duncan Smith asked the Minister for Justice if she will consider a matter raised in correspondence (details supplied) which is preventing an employer from employing new employees; and if she will make a statement on the matter. [26620/22]
View answerThe Private Security Authority (PSA) is the statutory body with responsibility for licensing and regulating the private security industry in Ireland. The PSA is an independent body under the aegis of the Department of Justice. Established following the passing of the Private Security Services Act in 2004, the PSA started licensing security contractors in 2006 and security employees in 2007.
In terms of series of checks performed as part of a licence application, the PSA is under a statutory obligation in relation to the checks it performs.
As I am sure the Deputy will appreciate, the PSA cannot waive any aspect of the licensing requirements given the PSA remit to protect consumers interests, provide a safer environment for the general public through the regulation of a licensed and vetted security industry with high standards of performance and expertise, and by ensuring that the potential for criminality within the industry is eliminated.
The Deputy will be aware that persons who fled Ukraine on or after 24 February 2022 are now entitled to Temporary Protection within the State. On receipt of their Temporary Protection letter any such persons may apply for a PSA licence, subject to satisfying the other criteria for a licence application.
The specific matters raised, in relation to how a Ukrainian national with Temporary Protection might seek to make a licence application with the PSA, have already been considered and addressed by the Authority. Details in relation to this were communicated to contractors via email on 29 April 2022.
Further information is available via the link below, setting out how Ukrainian nationals can use a recently launched online service of the Ministry of Internal Affairs of Ukraine, to obtain an official non-conviction certificate for use as part of any licence application.
www.psa-gov.ie/information-for-licence-applicants-from-ukraine/
Any individual or contractor who has specific queries in relation to the licence application process is encouraged to make contact with the Private Security Authority via licensing@psa-gov.ie
162. Deputy Brian Stanley asked the Minister for Justice the number of persons who have been remanded to the Irish Prison Service while awaiting removal from the State by month since April 2021, in tabular form. [26738/22]
View answerI can advise that the Deputy that there were 105 committals to the prison estate of persons to be detained on foot of immigration warrants from 1 April, 2021 to 23 May 2022. Information in this regard is set out in the table below as requested.
The table below provides the information in tabular form as requested.
|
Month by year |
Number of committals |
Number in custody on 23 May, 2022 |
|
April, 2021 |
6 |
0 |
|
May, 2021 |
6 |
0 |
|
June, 2021 |
13 |
0 |
|
July, 2021 |
8 |
0 |
|
August, 2021 |
15 |
0 |
|
September, 2021 |
5 |
0 |
|
October, 2021 |
3 |
0 |
|
November, 2021 |
3 |
0 |
|
December, 2021 |
4 |
0 |
|
January, 2022 |
14 |
0 |
|
February, 2022 |
16 |
0 |
|
March, 2022 |
5 |
0 |
|
April, 2022 |
4 |
1 |
|
May, 2022 (up to 23rd May) |
3 |
0 |
|
Total |
105 |
1 |
163. Deputy Niall Collins asked the Minister for Justice if she will advise a family (details supplied); and if she will make a statement on the matter. [26821/22]
View answerI would like to extend my deepest sympathies to the family for their loss in such tragic circumstances. I am very conscious of the deep trauma and distress experienced by the families of murder victims in Ireland and I am aware of the specific concerns raised by the family in recent weeks in respect of the management of this prisoners’ sentence. I understand how profoundly upsetting news such as this can be for the families of those who have lost loved ones in such difficult circumstances.
While of course registration with the Victim Liaison Office is voluntary, and the question of registration must remain the individual choice of the victims and their family, I want to ensure that all victims are aware of this service and of the need to register with it. I also want people to be fully aware of what kind of information the VLO can provide them with and also to be aware they can register with the Office at any point from the time of sentencing.
We are currently working on promoting the rights of victims of crime, including publicising their right to register with the Victim Liaison Office (VLO) in the Irish Prison Service and to be kept informed of any significant sentence management decision taken.
As the Deputy may be aware, the Operations Directorate of the Prison Service administer the Transfer of Sentenced Persons function on behalf of the Department of Justice. The Transfer of Sentenced Persons Acts, 1995 and 1997 provide a mechanism whereby non-nationals serving sentences in Ireland may apply to serve the remainder of their sentences in their own countries, where those countries are party to the Council of Europe Convention on the Transfer of Sentenced Persons. Similarly, Irish persons who are imprisoned overseas in such countries may apply to serve the remainder of their sentences in Ireland. The Convention is open to States outside Europe and the Government supports the Council of Europe policy of encouraging states to ratify and operate the Convention.
I can assure the Deputy that where a person is transferred under the Convention it is normal practice that undertakings are given by the State the person is transferring to that they will continue to enforce the sentence imposed by the Irish courts. I believe that it is important to be clear that in general terms, applications are refused in circumstances where there may be a substantial reduction in sentences or due to divergent rates of remission.
I have written directly to the family in relation to this case.
164. Deputy Peter Burke asked the Minister for Justice the legislative requirements that are required in relation to the Second Optional Protocol to the United Nations Convention on the Rights of the Child; if she has an estimated timeframe for same; and if she will make a statement on the matter. [26822/22]
View answerThe Government continues to be strongly committed to the ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.
A number of significant pieces of legislation had to be passed to ensure that Ireland is in compliance with the obligations of the Optional Protocol. The enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 constituted key steps on the pathway to the ratification of the Optional Protocol.
The Office of the Attorney General has advised that a small number of additional legislative measures may be required to ensure that the State is compliant with all of the extra-territorial jurisdiction requirements under Article 3.1 of the Protocol. My officials are considering the advices and, if further legislative amendments are considered necessary, it is my intention to incorporate those provisions into legislative proposals to be published in the coming months.
165. Deputy Catherine Murphy asked the Minister for Justice further to the matter of unpublished reports by the inspector of prisons, if she will set out the specific processes that are impacting on the publication of unpublished reports of an organisation (details supplied), that is disciplinary, grievance, audit, financial, protected disclosure and data protection. [26891/22]
View answer166. Deputy Catherine Murphy asked the Minister for Justice the number of unpublished inspector-of-prisons reports that are in her possession; and the reasons for them remaining unpublished. [26892/22]
View answerI propose to take Questions Nos. 165 and 166 together.
The Office of the Inspector of Prisons was established under the Prisons Act 2007 and is independent in how it carries out its functions. The Inspector's key role is to carry out regular inspections of prisons.
There are currently two reports submitted to me by the Inspector of Prisons which relate to Mountjoy Women’s Prison (Dóchas Centre) and which have not yet been published.
The Inspector of Prisons' three day monitoring report of the Dóchas Centre was received in my office in August 2020.
The Inspector was also asked to carry out an investigation into matters arising in the Dóchas Centre, under section 31(2) of the Prisons Act. As the Deputy will be aware it was always my intention to consider both of these reports together. The Inspector submitted the section 31(2) investigation report to me on the 15 February 2022 and it is currently being examined by my officials. Based on legal advice received by my Department, it is not proposed to publish these report at this time, or to comment on the considerations which prevent publication.
In addition to these reports, I received one Death in Custody report on the 14 April 2022 and a further two on the 19 May 2022. I also received the Inspector of Prisons Annual Report for 2021 on the 19 May 2022. These reports are not yet published due to their recent receipt in my Department. However, I can assure the Deputy that all of these reports are currently receiving attention from my officials and I plan to publish them in due course.
167. Deputy Sorca Clarke asked the Minister for Justice if the terms of reference have been drafted for the proposed external review of the policies processes and procedures in operation for the calculation of prisoner sentences; and if she has identified a suitable person to conduct this independent review. [26919/22]
View answerIn December 2020, information came to light that a prisoner was released early because of a miscalculation of his release date. When it became clear that the release date had been miscalculated, the prisoner in question was returned to custody and I directed the Irish Prison Service to report on the incident and review its practices.
This review, which involved an examination of all sentence calculation generally and an examination of credit for time served, have now been completed and the Prison Service has submitted their final report to my office. The outcome of these reviews was that a small percentage of the almost 4,000 sentences examined resulted in prisoner release dates needing to be put back, or brought forward, as the case might be. A total of 29 prisoners had their release date brought forward with 102 requiring their release date to be put back. Six prisoners were required to be released immediately.
The Report makes a number of recommendations to prevent such errors reoccurring again and these are being actioned, including a recommendation to undertake an external review.
An external review of the issues has been commissioned, the Terms of Reference for which have been developed and, subject to any changes, and the appointment of a suitable person to conduct the independent review, the examination will commence shortly.
169. Deputy Peadar Tóibín asked the Minister for Health further to Parliamentary Question No. 191 of 18 May 2022, if he will ensure the case of person (details supplied) will be examined to ensure they and their carer receive the fourth Covid booster at earliest opportunity; and if he will make a statement on the matter. [26575/22]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.
170. Deputy Patricia Ryan asked the Minister for Health the number of prisoners awaiting transfer to the Central Mental Hospital from each prison in tabular form; and if he will make a statement on the matter. [26579/22]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
171. Deputy Patricia Ryan asked the Minister for Health the assistance that he will offer to an organisation (details supplied) who is seeking a new premises; and if he will make a statement on the matter. [26585/22]
View answerAs this refers to service matters, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
