Written Answers Nos. 241-260
241. Deputy Bernard J. Durkan asked the Minister for Social Protection if a long-term illness payment or equivalent status will be awarded in the case of a person (details supplied) who suffers from multiple sclerosis; and if she will make a statement on the matter. [35245/22]
View answerTo qualify for a Disability Allowance (DA) payment a person must: be substantially restricted in undertaking suitable employment; be aged between 16 and 66; satisfy a means test; and be habitually resident in the State.
The person concerned submitted an application for DA on 21 June 2019.
The application, based upon the evidence submitted, was refused on 19 September 2019, as the client failed to supply information requested on 26 August 2019 regarding completion of the Habitual Residence Form.
The person in question has never requested a review of the decision by a deciding officer (DO) or requested an appeal of the decision to the independent Social Welfare Appeals Office (SWAO).
It is, of course, open to the person in question to make a new application for DA and her eligibility will be examined afresh, taking all available evidence into account. An application form has been issued to her by Post if she wishes to reapply.
I trust this clarifies the matter for the Deputy.
242. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth if any State or semi-State bodies that report to him are currently or have been registered as a charity; the reason for the charity status; the person or body that holds primacy for accountability in those instances, whether the Minister or the Charities Regulator; and if he will make a statement on the matter. [35002/22]
View answerThere are six State Bodies under the aegis of my Department. They are the Adoption Authority of Ireland, Tusla (the Child and Family Agency), Oberstown Children Detention Campus, the National Disability Authority, the Irish Human Rights and Equality Commission and the Ombudsman for Children’s Office.
The Ombudsman for Children's Office and the Irish Human Rights and Equality Commission are independent offices and will provide their own response to this PQ.
None of the remaining four State Bodies are currently registered as a charity. Tusla, the Child and Family Agency, is directly funded by my Department. The Agency is currently finalising an application with the Charities Regulator (CRA) for charitable status. Tusla has a Revenue Charity Number (RCN) which is required to avail of tax exemptions for registered charities.
While Gaisce – The President’s Award - is an organisation that is also under the aegis of this Department, it is not a State or Semi-State body per se. Gaisce has charitable status and is also a registered Company Limited by Guarantee. In accordance with its Constitution, Gaisce is governed by a Council or Board of Directors. My Department has a Service Level Agreement in place in relation to the public funding provided by my Department to support Gaisce’s activities.
243. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth if he will examine matters raised in correspondence by a person (details supplied) in relation to foster care. [35071/22]
View answerAt the outset, I would like to acknowledge the fact that foster carers are the backbone of our child care services. Foster care is the preferred option in Ireland for children who cannot live with their parents or guardians, and approximately 90% of our children in care are in foster care.
There are a number of significant issues relating to foster care raised in the correspondence that has been shared by the Deputy. These include supports for foster carers, the rate of the foster care allowance, public and private foster care provision and the retention of Tusla social work staff.
I am aware of the importance of addressing these issues. It is vital that our foster care system operates as effectively as possible, for the foster carers and for the children in their care. These issues deserve attention and I intend to examine them, in conjunction with Tusla and any other relevant stakeholders.
Tusla have advised that they have recently engaged with foster carers in a consultation to inform the development of its Strategic Plan on Foster Care. I would expect that many of the issues raised in the Deputy’s query will have formed part of that consultation. When the Strategic Plan on Foster Care is finalised by Tusla, it will then be considered by my Department and the issues raised in the correspondence can be addressed in that context.
244. Deputy Joe Carey asked the Minister for Children, Equality, Disability, Integration and Youth if he will respond positively to the request from an organisation (details supplied) for a subsidy of €100 per child on the early childhood care and education scheme to cover costs which are currently subsidised by the childcare owner; and if he will make a statement on the matter. [35113/22]
View answerGiven the very considerable investment in services to date, the imminent increase to funding for services and analysis done to support that increase there is no evidence to support an increase to €100 per child per week.
In December 2021, Government adopted the 25 recommendations contained in an Expert Group report, Partnership for the Public Good: A New Funding Model for Early Learning and Care (ELC) and School-Age Childcare (SAC).
The new funding model will support the delivery of ELC and SAC for the public good, for quality and affordability for children, parents and families. To achieve this, there is a need for greater State investment and greater public management of provision.
The Expert Group engaged in a widespread programme of stakeholder consultation in order to review the existing funding model for Early Learning and Childcare and develop a new funding model. Over the course of the two year project, the extensive programme of stakeholder consultation engaged with parents, providers, the workforce, and other stakeholders, all of which is documented and publicly available.
Core Funding, which begins in September, is the new funding stream worth €221 million in full year costs to start this partnership for the public good between the State and providers. Its primary purpose is to improve pay and conditions in the sector as a whole and improve affordability for parents as well as ensuring a stable income to providers. Core Funding allows for an estimated 19% increase in the total cost base for the sector.
Analysis of providers’ income and costs shows that services with the characteristics correlated with ECCE-only provision had the highest levels of income in excess of costs compared to other types of provision. Levels of income in excess of costs range from 14% to 23%, depending on the characteristic chosen. These figures compare to a sector median proportion of income in excess of cost of 4%. This was prior to increases in ECCE capitation rates and does not take account of the substantial investment in services during Covid-19 or the new Core Funding income that services will be eligible for.
Accounting for the proposed Employment Regulation Order rates currently being considered, Department estimates show that services with ECCE and Core Funding, will receive income from the State that will cover the staff costs and leave considerable room for overheads and surplus, or for any service that may choose to raise wages above anticipated new minimum rates.
I am committed to ensuring more stability of income for services, and that is one of the key objectives of Core Funding.
The vast majority of services will see an increase in funding, and less than 1% of services will see no change. No service will see a decrease in funding. For any service that does experience financial difficulties, a Sustainability Fund will be put in place. This new strand of the Sustainability Fund, linked to Core Funding, will be designed to provide an extra safety net for providers. This will be open to both private and community providers.
I would note that a review of ECCE is due to commence shortly and this review will, amongst other things, consider whether providers are fully equipped, resourced and trained to deliver the programme effectively and sustainably.
245. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth the reason that ECCE preschools (details supplied) require additional funding. [35169/22]
View answerIn December 2021, Government adopted the 25 recommendations contained in an Expert Group report, Partnership for the Public Good: A New Funding Model for Early Learning and Care (ELC) and School-Age Childcare (SAC).
The new funding model will support the delivery of ELC and SAC for the public good, for quality and affordability for children, parents and families. To achieve this, there is a need for greater State investment and greater public management of provision.
The Expert Group engaged in a widespread programme of stakeholder consultation in order to review the existing funding model for Early Learning and Childcare and develop a new funding model. Over the course of the two year project, the extensive programme of stakeholder consultation engaged with parents, providers, the workforce, and other stakeholders, all of which is documented and publicly available.
Core Funding, which begins in September, is the new funding stream worth €221 million in full year costs to start this partnership for the public good between the State and providers. Its primary purpose is to improve pay and conditions in the sector as a whole and improve affordability for parents as well as ensuring a stable income to providers. Core Funding allows for an estimated 19% increase in the total cost base for the sector.
Analysis of providers’ income and costs shows that services with the characteristics correlated with ECCE-only provision had the highest levels of income in excess of costs compared to other types of provision. Levels of income in excess of costs range from 14% to 23%, depending on the characteristic chosen. These figures compare to a sector median proportion of income in excess of cost of 4%. This was prior to increases in ECCE capitation rates and does not take account of the substantial investment in services during Covid-19 or the new Core Funding income that services will be eligible for.
Accounting for the proposed Employment Regulation Order rates currently being considered, Department estimates show that services with ECCE and Core Funding, will receive income from the State that will cover the staff costs and leave considerable room for overheads and surplus, or for any service that may choose to raise wages above anticipated new minimum rates.
I am committed to ensuring more stability of income for services, and that is one of the key objectives of Core Funding.
The vast majority of services will see an increase in funding, and less than 1% of services will see no change. No service will see a decrease in funding. For any service that does experience financial difficulties, a Sustainability Fund will be put in place. This new strand of the Sustainability Fund, linked to Core Funding, will be designed to provide an extra safety net for providers. This will be open to both private and community providers.
I would note that a review of ECCE is due to commence shortly and this review will, amongst other things, consider whether providers are fully equipped, resourced and trained to deliver the programme effectively and sustainably.
246. Deputy Jennifer Whitmore asked the Minister for Further and Higher Education, Research, Innovation and Science if any State or semi-State bodies that report to him are currently or have been registered as a charity; the reason for the charity status; the person or body that holds primacy for accountability in those instances, whether the Minister or the Charities Regulator; and if he will make a statement on the matter. [35009/22]
View answerOf the State or semi-State bodies under the remit of my Department, the Higher Education Authority and Léargas are both registered charities. The Higher Education Authority conduct work under the charitable purpose of the advancement of education. Education Bodies are currently exempt from the requirements under the Charities Act to provide an annual statement of account and to audit those accounts. However, the HEA is accountable to the Minister under the Higher Education Authority Act 1971. The HEA is required to keep and provide audited accounts annually to the Minister for Further and Higher Education , Research, Innovation and Science to be laid before each House of the Oireachtas and is required to submit its accounts annually to the Comptroller and Auditor General for audit.
Léargas is not a public body. Léargas is a limited company and a not-for-profit organisation. Their charitable purpose is centred on the advancement of educational and learning opportunities through exchange – they seek to further the education of young people by promoting, assisting, encouraging and arranging the exchange of young people between Ireland and other countries in the world for the purpose of enabling them to develop an international perspective and awareness in all social, cultural, intellectual, educational, vocational, personal development and professional and economic matters. They maintain compliance with the Charities Governance Code. Their operational costs are co-financed by the European Commission and Government and on that basis they strive to comply with the Code of Practice for the Governance of State Bodies to the extent that it is relevant and proportionate to their operations and practice.
247. Deputy Christopher O'Sullivan asked the Minister for Further and Higher Education, Research, Innovation and Science if he will review decisions on SUSI grants that were turned down for the 2021-22 academic year due the inability of students to prove their place of independent living from October 2020 given that the housing and rental situation was abnormal due to Covid-19, as in the case of a mature student (details supplied) who would otherwise have had no difficulty proving same; and if he will make a statement on the matter. [35022/22]
View answerThe decision on eligibility for student grant applications is a matter for the centralised grant awarding authority, SUSI (Student Universal Support Ireland).
For student grant purposes, students are categorised according to their circumstances either as students dependent on parents or a legal guardian, or as independent mature students.
Further information regarding class of applicant (independent or dependent) and the types of documentation accepted as evidence of living independently from parents is available from SUSI’s website: susi.ie/eligibility/applicant-class/
If the student in question considers that he has been unjustly refused a student grant or that the rate of grant awarded is not the correct one, he may appeal this decision to SUSI within the statutory time limit of 30 days,
Where an individual applicant has an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his case, an appeal form outlining the position may be submitted online by the applicant to the independent Student Grants Appeals Board (The Board) within the required timeframe not later than 30 days after the notification of the appeals officer to the applicant however the period mentioned may be extended by the Appeals Board (at the request in writing of the applicant) for a further period not exceeding 30 days if the Appeals Board is satisfied that the person has given reasonable cause to extend .
I have been informed that the student to whom the Deputy refers appealed to the Board outside of the timeframe provided. The Board does not have any discretion to extend the time period beyond that allowed for in the Act.
However, article 32 of the Student Grant Scheme 2022 provides for a review of eligibility for the award of a grant in the event of a change of circumstances in the academic year. Where a student experiences a change of circumstances during the course of their studies, he/she may apply to SUSI to have his/her application re-assessed at helpdesk@SUSI.ie quoting Internal Review in the Subject line.
The change of circumstances provision is a well-established procedure and it can also operate at scale. For example, over 10,000 applicants declared a change of circumstance in the 2020/21 academic year. I am confident that the application of this provision will continue to allow the scheme to be flexible and responsive to people's circumstances.
248. Deputy Alan Farrell asked the Minister for Further and Higher Education, Research, Innovation and Science the efforts that are being made to increase the training in architectural and engineering courses with regard to timber buildings; and if he will make a statement on the matter. [35049/22]
View answer249. Deputy Alan Farrell asked the Minister for Further and Higher Education, Research, Innovation and Science his views on the demand for forestry related courses in further and higher-level education institutions in Ireland; and if he will make a statement on the matter. [35053/22]
View answerI propose to take Questions Nos. 248 and 249 together.
My officials have engaged with both SOLAS and the HEA to obtain the information sought in relation to forestry related programmes and the focus on timber buildings within architectural and engineering training courses. This information will be forwarded to the Deputy when available.
As the Deputy may be aware, Teagasc, the Agriculture and Food Development Authority, operating under the aegis of the Department of Agriculture also runs a number of programmes in forestry.
250. Deputy Alan Farrell asked the Minister for Further and Higher Education, Research, Innovation and Science if he will consider expanding apprenticeship programmes within the forestry sector; and if he will make a statement on the matter. [35054/22]
View answerApprenticeship is a demand driven educational and training programme that aims to develop the skills of an apprentice in order to meet the needs of industry and the labour market. The development of new apprenticeships is employer-led, with consortia comprising of employer groups and educational providers coming together to identify a skills need and appropriate apprenticeship response in their sector. There is no apprenticeship for the forestry sector at present and officials in my Department are not aware of any such apprenticeship in development or being considered.
A defined process and structure for employers to become engaged in the apprenticeship process is in place. It is open to any industry that wishes to explore options for developing an apprenticeship to bring a proposal forward. The SOLAS Guidance Document for Submitting an Initial Proposal for a New National Apprenticeship together with their Handbook on Developing a National Apprenticeship provide an overview of the key features of new apprenticeships, including sectoral engagement and collaboration among enterprises and other stakeholders in the relevant industry. These publications are available on www.apprenticeship.ie.
Traineeships are also a practical route to delivering work based learning programmes. Traineeships are shorter courses than apprenticeship and lead to employment in the industry or progress to further education. Existing traineeships in the forestry sector include the Teagasc Level 5 and Level 6 Advanced Certificate in Forestry which includes an 8 week and a 12 week practical learning period respectively. A Five-Step Guide to Traineeship setting out the practical steps required from employers, training providers and accreditation bodies, who working together develop and structure the programme requirements, is also available on www.apprenticeship.ie.
There are currently 65 apprenticeship programmes on offer: 25 craft programmes and 40 programmes introduced since 2016. Eight new programmes were launched over 2020 and 2021, despite the pandemic; Arboriculture, Equipment Systems Engineer, Healthcare Assistant, Principal Engineer – Professional Doctorate, Recruitment Executive, Sales, Scaffolding , Supply Chain Associate.
In recent months, three further programmes have been launched: Bar Manager, Wind Turbine Maintenance Technician and Transport Operations & Commercial Driving.
251. Deputy Brendan Smith asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 245 of 17 February 2022, if further measures will be introduced to reduce student contributions and other associated costs for the forthcoming academic year in view of the particular pressures on many families with students attending third level education; and if he will make a statement on the matter. [35077/22]
View answerOn 4th May I launched the Funding the Future framework which includes the Government's policy response to the Cassells and DG Reform Reviews on the future of higher education and which sets out my intention to implement a progressive range of measures to address costs as a barrier to education, in the context of overall Budgetary decision-making.
The Government has now made important decisions about the sustainable model for future funding of higher education. Critically, we have definitively taken student loans off the table. We have instead chosen a mixed model of investment, which includes funding from the Exchequer, employers and from students. I have been clear, however, that I want to see the student contribution in higher education reduced in a meaningful way over the course of future Budgets. I want this done in a way which does not negatively impact on the sustainable core funding for higher education. Higher Education Institutions currently receive c.€434m from student contributions. That breaks down as €248m from students and circa €186m from the Exchequer through SUSI. Reductions in such income must be offset through increases in other sources of revenue if the quality of higher education programmes and the ability of institutions to meet growing demand is not to be significantly undermined. In addition the Exchequer currently contributes €340m to meeting the tuition fee costs of eligible undergraduate students in higher education.
Looking forward to future Estimates processes, my Department will publish an annual cost of education paper in advance of each Budget. This will set out the options available to address financial barriers to education, including changes to the student grant scheme, reductions to the student contribution, and other measures. This will seek to inform Budgetary prioritisation to ensure that we fund the most impactful measures to support students and their families.
In addition it is important to highlight the expanding pathways to post leaving cert education which are accessible to all learners as they prepare for their chosen career. In addressing this, as part of budget 2022, we have removed the Post Leaving Certificate participant contribution fee of €200. This will come into effect in September 2022.
We are working hard to introduce new apprenticeship programmes, such as the ones in bar managing and wind turbine maintenance which we launched in March, and we have also improved the financial incentives on offer to employers to take on apprentices, particularly female ones. We are also working hard to improve pathways from further to higher education as part of our Unified Tertiary System strategy. There should be no barriers for students who want to pursue their chosen educational and career goals.
For the academic year 2022/23, we will also see significant enhancements to the financial supports that students who need them most receive through the Student Grant Scheme; where: There will be 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 threshold to qualify for the standard rate of student grant will be increased by €1,000; The qualifying distance criterion for students to qualify for the non-adjacent rate of grant will be reduced from 45km to 30km.
My Department also provides funding by way of the Students Assistance Fund to students in eligible Higher Education Institutions who are experiencing financial difficulties while attending third level. The total allocation for the Fund in the 2021/22 academic year, including additional Covid supports, is € 18.5 million.
252. Deputy Cormac Devlin asked the Minister for Further and Higher Education, Research, Innovation and Science the status of an apprenticeship for a person (details supplied); and if he will make a statement on the matter. [35187/22]
View answerUnder the Further Education and Training Act (2013), SOLAS has statutory responsibility for planning, funding, and co-ordinating Further Education and Training (FET) in Ireland.
My officials have referred your query to SOLAS for direct reply on this individual matter. If you do not receive a response from SOLAS within 30 days, please do come back to my office for further follow-up.
253. Deputy Brendan Smith asked the Minister for Further and Higher Education, Research, Innovation and Science if it is proposed to increase the number of places on first-year medicine courses for Irish students in 2022; and if he will make a statement on the matter. [35190/22]
View answerEnsuring an appropriate pipeline of suitably qualified healthcare professionals is a key priority. The challenges presented by Covid-19 have given extra urgency to the need to address the long-term workforce planning needs of the health system.
My Department has been engaging with the Department of Health on the number of places available in areas where the HSE has identified significant skills shortages. The areas identified include places in healthcare disciplines such as medical professionals.
In the coming weeks the Minister for Health and I will bring a memo to Government to outline a five-year plan to secure extra places in medicine. The first of these places will be available in September 2022.
The Programme for Government commits the Department of Health to working with the education sectors, regulators, and professional bodies to improve the availability of health professionals and reform their training to support integrated care across the entire health service. I will ensure that there is continued engagement with all stakeholders to ensure that we deliver graduates with the skills necessary to support our healthcare system and support the strategic workforce planning by the health sector.
254. Deputy Brendan Smith asked the Minister for Further and Higher Education, Research, Innovation and Science if it is proposed to increase places for students wishing to pursue healthcare courses in different therapy disciplines in universities for the upcoming academic year; and if he will make a statement on the matter. [35191/22]
View answerMy Department is strongly committed to supporting the health of the population through the provision of graduates with the key competencies and skills to be effective in the health workforce, and support a range of clinical teams in our health services.
I recently announced an additional 1,056 college places for the upcoming academic year, which includes healthcare and welfare courses. These additional places will be a permanent addition to the system.
Officials in my Department will continue to engage with the Higher Education Authority and representatives from the higher education sector on expanding third level provision in targeted programmes, with a focus on areas such as healthcare, where there is a need for more skilled graduates. However there are real, material limits on the immediate increases that can be accommodated on highly practical courses such as healthcare courses which involve clinical placements.
The Programme for Government commits the Department of Health to working with the education sectors, regulators, and professional bodies to improve the availability of health professionals and reform their training to support integrated care across the entire health service. I will ensure that there is continued engagement with all stakeholders to ensure that we deliver graduates with the skills necessary to support our healthcare system and support the strategic workforce planning by the health sector.
255. Deputy Bernard J. Durkan asked the Minister for Further and Higher Education, Research, Innovation and Science if a person (details supplied) qualifies for a SUSI grant to assist with a course costing €4,220; and if he will make a statement on the matter. [35242/22]
View answerThe main financial support available to eligible students attending full-time further and higher education courses is the statutory based Student Grant Scheme administered by SUSI (Student Universal Support Ireland). The decision on eligibility for a student grant is a matter, in the first instance, for the centralised student grant awarding authority SUSI to determine. Under the terms of the Student Grant Scheme, grant assistance is awarded to students attending an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.
With regard to this specific student, I have been advised by my officials that the student in question has not yet submitted an application to SUSI.
256. Deputy Neasa Hourigan asked the Minister for Justice further to Parliamentary Question No. 665 of 21 June 2022, if her attention has been drawn to the fact that Irish embassies abroad are informing persons seeking to obtain a re-entry visa while their application for a renewal of their Irish residence permit card is being processed to contact her Department for a re-entry visa, contrary to her response that a person can make a visa application at their local Irish embassy to allow them to return to Ireland; and if she will make a statement on the matter. [34997/22]
View answerAnyone who wishes to travel from the State may do so regardless of whether their Irish Residence Permit (IRP) card is in date or has expired.
Non visa-required nationals trying to re-enter the State may rely on their in-date IRP card. If their IRP card has expired they will need to provide proof of their permission to reside in the State, such as a letter from my Department, to an immigration officer on their arrival in the State.
Visa-required nationals trying to re-enter the State may rely on their in-date IRP card. If their IRP card has expired, they will require an entry visa to return to the State. They can apply to their local Visa Office or Embassy for the relevant entry visa to allow them to travel back to Ireland.
The re-entry visa programme for minors under the age of 16 years currently residing in Ireland has also been suspended until further notice. Children under the age of 16 who are currently residing in the State and who wish to re-enter the State, must be accompanied by their parent or legal guardian who holds an in date permission to reside in the State. The adult accompanying the child must also provide appropriate documentation to prove they are the legal parent or guardian of the child in question.
Suitable documents to prove the relationship between the parent or guardian and the child are:
- A birth or adoption certificate, or guardianship papers showing your relationship with the child
- A marriage/divorce certificate if you are the child’s parent but have a different surname
- A death certificate in the case of a deceased parent
Further information about travelling with children is available online at:
www.irishimmigration.ie/at-the-border/travelling-with-children.
Entry into the State is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individual to have all documentation relating to their reasons for entering Ireland ready for presentation to an immigration officer.
257. Deputy Catherine Connolly asked the Minister for Justice if she will outline progress in the seven work streams aligned to the main themes of the Implementation Plan on Civil Justice Efficiencies and Reform Measures with particular emphasis on which areas are likely to be delivered first; if the outlined targets will be met; the steps being taken to address any shortcomings to provide assistance to those suffering as a result of the lack of reform in this area; and if she will make a statement on the matter. [35032/22]
View answerOn 27 May 2022, I published the Implementation Plan on Civil Justice Efficiencies and Reform Measures, containing over ninety specific actions based on the Peter Kelly Review recommendations.
This Plan identifies the work streams for implementation of the majority of these actions on a phased basis over the next three years; the lead body responsible for implementation; the enablers that will facilitate the advancement of work streams; and timeframes within which the actions are to be achieved.
An Implementation Group comprising members of the judiciary, the Courts Service, my own Department, the Department of Public Expenditure and Reform and the Department of the Taoiseach has been appointed to drive and oversee the implementation of the Plan. The Group has already met on four occasions and will continue to meet quarterly to monitor progress against the timelines outlined in the Implementation Plan, identify any issues arising and work to overcome them.
A number of these actions had already been achieved at the time of the publication of the Plan, while others had met key progress indicators towards their completion. Progress reports outlining the achievement of the Plan’s actions will be submitted to Government each year.
258. Deputy Thomas Pringle asked the Minister for Justice when the transfer of the sentenced persons (amendment) Bill to amend the Transfer of Sentenced Persons Acts 1995 and 1997 will be published; the timeline for the passing of the Bill; and if she will make a statement on the matter. [35046/22]
View answerAs the Deputy may be aware, consideration of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 completed Dáil Committee Stage on 10 November 2021.
The purpose of the Bill is to implement the provisions of EU Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU.
However, significant issues have arisen in respect of inward transfers, most notably from the United Kingdom. While the Bill will address these issues for EU transfers, it does not, as it stands, alter the position for other Convention States. Critically, after Brexit, UK transfers do not fall under the Framework Decision and will continue to take place under the Convention and existing 1995 Act. It had previously been intended to address the issues for Convention transfers by way of separate legislation, the Transfer of Sentenced Persons (Amendment) Bill. However, these changes are now being consolidated in the 2021 Bill. The issues involved are particularly complex given the wide range of possible sentencing structures that may be involved, and that the amended regime must be suitable to deal not only with transfers from the UK, but also from other Convention states. The Government approved heads of amendments to the Convention regime in December 2021. An outline of these amendments is available on my Department’s website. Work is continuing on the formal drafting of these amendments and I expect to introduce them as soon as possible at Report Stage of the Bill.
259. Deputy Patricia Ryan asked the Minister for Justice her plans to implement the recommendations of the Sometimes I'm Missing the Words report by Maynooth University and an organisation (details supplied); and if she will make a statement on the matter. [35089/22]
View answerAs I have said previously, bias, inequality and racism have no place in our societies. I very much welcomed the report by Maynooth University when it was published by the Irish Penal Reform Trust in April.
I can assure the Deputy that the recommendations made in the Report are currently being examined by officials in my Department and in the relevant agencies with a view to informing future practice and operations.
As the Deputy may be aware, a range of equality, diversity and integration measures are already in place across key criminal justice sector bodies including An Garda Síochána, the Irish Prison Service and the Probation Service. This is consistent with the obligations which exist under the Public Sector Human Rights duty, and with a view to delivering fair and accessible services. These important measures and initiatives are kept under review and there is ongoing work being done in this regard.
Finally, earlier this year my Department published its first Equality, Diversity and Inclusion Strategy which provides a focus for increasing capacity and understanding, whilst supporting the organisation to meet other equally important requirements set out in equality legislation and human rights standards. Amongst the areas of focus for strategic impact is: achieving better policy outcomes and improving the accessibility and quality of our services; and supporting the development of a skilled and diverse workforce. These are underpinned by actions which the Department will implement over the life of the Strategy.
260. Deputy Patricia Ryan asked the Minister for Justice the progress being made with the review of the Criminal Justice (Community Service) (Amendment) Act 2011; and if she will make a statement on the matter. [35090/22]
View answerNon-custodial penalties, particularly supervised community sanctions, play a significant and important role in addressing criminality, reducing reoffending and providing a degree of protection to the public. This is supported by Central Statistics Office figures on recidivism. As the Deputy will be aware, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society with a specific commitment to review policy options for prison and penal reform. In September 2020, I established a high level working group including the Head of Criminal Justice Policy in my Department, the Director-General of the Irish Prison Service and the Director of the Probation Service to take forward the Government’s commitment to review policy options for prison and penal reform. The review is considering commitments and on-going developments across the justice sector and beyond, including those outlined in a number of relevant strategies. In line with this review, as the Deputy may be aware, my Department has recently issued a Request for Tender for research services to identify the impact of the 2011 Act in terms of custodial sentences and community service, and to examine causes for the continued use of short custodial sentences of 12 months or less, and the possible under-utilisation of community service orders.
This research is intended to explore both existing literature on this topic and the views of the judiciary on the use of the 2011 Act. This research will contribute to the high level group’s ongoing work to review policy options for prison and penal reform. In line with Justice Plan 2022, I will shortly publish the Review of Policy Options for Prison and Penal Reform 2022-2024.
