Written Answers Nos. 579-602
579. Deputy Mark Ward asked the Minister for Justice the policy for family members to provide clothes to persons in prison; if they can be hand-delivered; if there will be any changes in this policy; and if she will make a statement on the matter. [59105/22]
View answerI am advised by my officials in the Irish Prison Service that at the beginning of the Covid-19 pandemic, the Irish Prison Service stopped receiving property at prison entrances as an infection control measure. Property was only received by post which allowed for it to be quarantined for a suitable period of time. While this had an impact on families it was a necessary measure at the time in the exceptional circumstances that applied.
As part of the ongoing unwinding of Covid-19 restrictions, the Irish Prison Service has recommenced accepting prisoner property at prison entrances. The Irish Prison Service advise me that they will issue a reminder to all prisons regarding the need to accept prisoner property from families during visits to the prison.
580. Deputy Mairéad Farrell asked the Minister for Justice if she will outline the current situation for spent convictions for insurance related driving offences; if she has any plans for further reform in this area; and if she will make a statement on the matter. [59120/22]
View answerA spent conviction, sometimes referred to as an expungement, is a conviction that, when it meets certain criteria, does not legally have to be disclosed in certain circumstances, e.g. when a person is seeking employment, returning to education or to be Garda vetted.
This does not equate to a situation where the criminal record is “wiped clean”. The record of the spent conviction is not deleted.
The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, provides for certain convictions to become spent once 7 years have passed since the date of conviction. In general and in accordance with the provisions of the Act, the following convictions may become spent:
1. All convictions in the District Court for motoring offences which are more than 7 years old subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.
2. All convictions in the District Court for minor public order offences which are more than 7 years old.
3. In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months or a fine, that conviction is spent after 7 years. This provision applies to either a District Court or Circuit Court conviction.
4. A conviction resulting in a non-custodial sentence can also become spent after 7 years. This means such a sentence imposed by a court of imprisonment for a term of 2 years or less, the execution of the whole of which is suspended for a period specified by the court and that suspension is not subsequently revoked in whole or in part by the Court, and is not in addition to a custodial sentence.
There is no formal procedure to be gone through to have a conviction declared spent. For a conviction to become spent, a person will normally be required to not have received any convictions for a set period from the date the sentence is imposed. This conviction free period is known as a “rehabilitation period.”
It is important to understand that while a conviction may become spent under Irish law, this does not mean that the conviction ceases to be part of the person's criminal record. The effect of the Act is that, although it remains part of the person’s criminal record, the person will not be penalised in law or incur any liability for failing to disclose a spent conviction.
It is also important to note that in some cases, disclosure of a spent conviction is required in circumstances including for example for specified work, such as with An Garda Síochána, the Defence Forces, or applying for a public service vehicle, private security, taxi or firearm licence. An Garda Síochána is not required to expunge the details of such offences from the Garda PULSE system and a court may also admit or require evidence regarding a spent conviction in certain circumstances.
The Programme for Government includes a commitment to review the Criminal justice (Spent Convictions and Certain Disclosures) Act 2016. The aim of this commitment is to broaden the range of convictions that are eligible to become spent.
A Garda Vetting Review Group was established in April 2021 and meets regularly to discuss proposals regarding potential amendments to vetting legislation. This group includes members of the National Vetting Bureau in An Garda Síochána, officials from my Department, Tusla and other relevant stakeholders.
The primary focus of the Group is to deliberate on and formulate recommendations to strengthen the vetting legislation in an effective manner. Issues to be considered by the Group include any changes which may be possible around the matter of re-vetting and I hope that the Group will be in a position to report on its work early in the new year.
581. Deputy Catherine Murphy asked the Minister for Justice if she will provide the terms of reference in respect of a review of reports of Dóchas conducted by a person (details supplied). [59263/22]
View answer582. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question Nos. 165 and 166 of 25 May 2022, if any persons are now the subject of Garda and or internal IPS investigations arising from issues highlighted in the original unpublished reports regarding Dóchas prison staff and inmates. [59264/22]
View answerI propose to take Questions Nos. 581 and 582 together.
Based on legal advice received by the Department from the Office of the Attorney General, it is not proposed to publish, at this time, a three day monitoring report or a section 31(2) report received from the Inspector of Prisons in relation to the Dóchas Centre in August 2021 and February 2022 respectively. The Department of Justice has also received (July 2022) a supplementary report requested by the Minister in relation to matters arising from the section 31(2) investigation. As consideration of these reports is ongoing, it is not proposed to comment further on their contents at this time.
The following revised reply was received on 16 January 2023.
Based on legal advice received by the Department from the Office of the Attorney General, it is not proposed to publish, at this time, a three day monitoring report or a section 31(2) report received from the Inspector of Prisons in relation to the Dóchas Centre in August 2020 and February 2022 respectively. The Department of Justice has also received (July 2022) a supplementary report requested by the Minister in relation to matters arising from the section 31(2) investigation. As consideration of these reports is ongoing, it is not proposed to comment further on their contents at this time.
583. Deputy Pauline Tully asked the Minister for Justice the number of access officers responsible for providing or arranging for and co-ordinating assistance and guidance to people with disabilities accessing her Departments’ services who are employed in her Department as required by section 26 (2) of the Disability Act 2005; the way that her Department makes its customers aware of this service; and if she will make a statement on the matter. [59296/22]
View answerMy Department has a designated Access Officer as required by Section 26 (2) of the Disability Act 2005.
Details for the Access Officer, including contact information, are published on the Department's page of the gov.ie website at this link: gov.ie - Access Officer (www.gov.ie)
Visitors to my Department's offices who request accessibility assistance can make contact with the Access Officer through the reception staff or service officers.
My Department's Access Officer engages regularly with both the National Disability Authority and members of the Disability Stakeholders Group, as part of the Department’s Disability Consultative Committee.
I am pleased to inform the Deputy that my Department has an Access Team, led by our Access Officer and comprising staff from various functions including Facilities, ICT, Immigration, Events and Customer Insights, as well as the Department's internal Disability Liaison Officer. The role of the Access Team is to raise awareness and coordinate on accessibility matters across my Department under its Equality Diversity and Inclusion (EDI) Strategy.
As the Deputy may be aware, my Department's EDI Strategy was published in March of this year and prioritises three areas of focus for strategic impact:
- Achieve better policy outcomes and improve the accessibility and quality of our services;
- Support the development of a skilled and diverse workforce;
- Build and embed a workplace culture which facilitates, supports and encourages contributions from all
Each of these strategic outcomes are underpinned by a number of actions which the Department will implement over the life of the EDI Strategy.
584. Deputy Noel Grealish asked the Minister for Justice the number of convictions for assault on a garda in each of the past five years; and is she plans to bring forward legislation in regard to stronger maximum sentences and penalties for those found guilty of assaulting members of An Garda Síochána. [59335/22]
View answerI condemn, in the strongest possible way, any attacks made on members of An Garda Síochána and other front-line services.
We are all immensely grateful to members of our police service for their outstanding dedication and commitment to serving the public and for the important role that they play in our society.
Attacks on members of An Garda Síochána not only injure the victims but communities as a whole, with an attack on Gardaí an attack on the safety of all of us. It is imperative that front-line workers are protected in carrying out their work and that the law reflects and responds to the situations in which they find themselves.
The unprecedented €2.14 billion allocated to An Garda Síochána under Budget 2023 demonstrates the Government’s commitment to ensuring that Gardaí have the resources they need to carry out their vital service. This includes the provision of €6 million for new ballistic vests to protect front-line Gardaí.
While the criminal law in this area is being kept under ongoing review, there are a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against Gardaí.
Any assault causing harm on any person is an offence under section 3 of the Non–Fatal Offences Against the Person Act 1997. A person convicted of such an offence would be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a maximum fine of €2,500 or both. A person convicted on indictment would face a maximum sentence of 5 years imprisonment. Minister McEntee signalled the intention to increase the maximum penalty available for this offence to 10 year imprisonment, in amendments to the Criminal Justice (Miscellaneous Provisions) Bill, which is currently before the Oireachtas.
Furthermore, an assault on a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel, or a member of the Defence Forces would constitute an offence under section 19 of the Criminal Justice (Public Order) Act 1994.
A person convicted of such an offence would be liable on summary conviction to a maximum fine of €5,000, or to imprisonment for a term not exceeding 12 months, or both. A person convicted of such an offence on indictment would be liable to a fine, or to imprisonment for a term not exceeding 7 years, or both. The latter penalty was increased from a maximum term of 5 years in 2006.
The Deputy may also be aware that my Department published the Garda Síochána (Recording Devices) Bill 2022 in August this year which will provide a legal basis for the deployment and use of body-worn cameras by An Garda Síochána.
The Commission on the Future of Policing in Ireland stated in their report that policing organisations around the world have found that such devices can help improve front-line capability with the accurate recording of incidents, expedite analysis, enhance situational awareness, and sometimes protect police from harm.
Deployment of these devices, including related timelines, will be an operational matter for the Garda Commissioner. I am advised that the Commissioner intends to pilot the use of body worn cameras, prior to their widespread roll out.
With regards the Deputy's question around the number of convictions for assault on a Garda, as the Deputy will be aware, management of the courts, including operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998, and given the separation of powers in the Constitution. As Minister, I have no role in these matters, it is the function of the Courts Service to provide information on any orders issued by the Courts.
The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie. To be of assistance, I have also referred the part of the Deputy's query relating to the number of convictions for assault on a Garda in each of the past five years directly to the Courts Service.
585. Deputy John Paul Phelan asked the Minister for Justice if the recruitment campaign for the additional Data Protection Commissioner posts will be advertised outside of the State or just within the State; when it is intended to be advertised; and if she will make a statement on the matter. [59357/22]
View answerThe Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.
The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy. In dialogue with the Commission, and with other relevant Government Departments, my Department’s role is to ensure that it continues to have the resources required to fulfil its important, statutory obligations, under on-going review.
In line with this commitment, on 27 July, the then Minister for Justice, Helen McEntee, announced that the Government had approved commencement of the process to appoint two additional Commissioners to support the evolving organisational structure, governance and business needs of the Data Protection Commission.
The appointments are to be made in accordance with Section 15 of the Data Protection Act 2018, which provides for up to three Commissioners to be appointed. Section 15(5) of the Act specifies that the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose.
As such, the advertisement and recruitment approach, including the extent to which the roles will be advertised internationally, is a matter to be determined in conjunction with the Public Appointments Service in due course.
586. Deputy Pa Daly asked the Minister for Justice the progress to date with the undocumented persons scheme, including a breakdown of those who have applied and have received a decision under both strands; and if she will make a statement on the matter. [59358/22]
View answerThe General Scheme for the Regularisation of Long Term Undocumented Migrants closed on 31 July 2022. This once in a generation scheme was designed to give long-term undocumented people without a current permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship.
My Department recorded 6,548 applications in respect of 8,311 people under the scheme.
4,794 decisions have been issued as of the 28 November 2022 to applicants of the scheme.
Of these: 4,654 (97 %) are positive decisions, 94 (2%) are negative decisions, and 46 (1%) applications have been withdrawn by the applicants for various reasons.
All other applications continued to be processed and processing times may vary depending on the complexity of the application. Applications where there is an existing deportation order will require additional processing.
Additionally, the International Protection strand of the Regularisation scheme, which closed on the 07 August 2022, has recorded 3,193 applications up to 25 November 2022, with 1,296 successful decisions issued and an additional 1,007 granted an equivalent permission by the International protection office. A further 396 applications were ineligible and 260 applications withdrawn.
587. Deputy Pa Daly asked the Minister for Justice her views on reducing the cost of GNIB cards in view of the cost-of-living crisis. [59359/22]
View answerI am aware, particularly in the current economic climate, of the financial pressures that non-EEA nationals in the State are under.
The standard fee of €300 payable by an applicant is designed to reflect the effort and cost involved in processing registrations and the cost of issuing an Irish Residence Permit (IRP) card. The Registration Office of my Department also provides an online renewals portal that speeds up the renewal process and a customer service team that is available to support customers.
The cost of registration is kept under ongoing review by my Department. However, there are no current plans to reduce the fee.
588. Deputy Neale Richmond asked the Minister for Justice if Irish citizens with family members in Russia are still able to bring family members from Russia to Ireland; and if she will make a statement on the matter. [59360/22]
View answerI can inform the Deputy, there has been no change in the application process in relation to family members of Irish nationals living in Russia, that would like to join their family here.
Individuals who are from a country that are visa-required to travel to Ireland will still need to apply for a visa to travel to the State. It remains the case that Russian nationals are visa required and must have a valid Irish visa before they seek to enter the State. Any person that wishes to make a visa application must do so online at: www.visas.inis.gov.ie/avats/OnlineHome.aspx.
The following pages on the Irish Immigration website may be of some assistance when creating a join family visa application;
www.irishimmigration.ie/coming-to-join-family-in-ireland/
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
589. Deputy Charles Flanagan asked the Minister for Justice if there are currently any plans to fund a new domestic violence refuge in the area of County Laois to help deal with the significant pressures on the current services provided in the area; and if she will make a statement on the matter. [59384/22]
View answerOne of the overarching goals of the Zero Tolerance policy to address Domestic, Sexual and Gender Based Violence is to ensure that everyone who needs a refuge space will get one, and I am committed to working with my Government colleagues and those working in the sector to achieve this.
In line with the priority which this government is attaching to tackling domestic, sexual and gender based violence, we will double the number of refuge spaces over the lifetime of the strategy, bringing it to 280.
The Tusla review of accommodation services for victims of domestic, sexual and gender-based violence identified priority locations where between 50 and 60 new refuge places are needed.
Further analysis undertaken identified 12 locations nationwide where the delivery of 98 family refuge spaces would have the most impact if prioritised.
Portlaoise is one of the priority areas identified.
An interdepartmental group is developing and progressing agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way.
This has already resulted in a streamlined process for capital funding applications for new refuges.
Supports for applicant groups from the Housing Agency in relation to public procurement processes and direct engagement between Department of Housing Architectural Advisors and the Design Teams recruited by the applicant groups are also in place.
I'm informed by Tusla that a group involving local stakeholders, including the Laois Domestic Abuse Service, has been established to take forward plans to develop the proposed refuge and associated support services.
Planning is not yet sufficiently advanced to identify the specific amount of either capital or revenue funding required. Nor is planning sufficiently advanced to identify the specific timelines for completion of the refuge, but Tusla and the Department of Housing, Local Government and Heritage will be working with local stakeholders to support and expedite the process.
As I'm sure the Deputy can appreciate, due to the variations in sites, resources available and specific local features, the costs for each of the planned refuge developments will be considered on a case by case basis, with decisions on funding to be supported into the future, by work being progressed nationally to develop principles for refuge design.
Tusla will continue to engage with stakeholders to support the refuge development process in Co. Laois.
In 2022, the Laois Domestic Abuse Service was allocated €281,440, with €79,000 additional funding to strengthen its capacity for the provision of supports to women and further development of services to children impacted by domestic abuse.
Minister McEntee secured additional funding of €9m in budget 2023 to address the response to domestic, sexual and gender-based violence, of which €6.8m will be allocated through Tusla to maintain and develop front-line services for victims. Dedicated funding is available in 2023, for measures such as project management support and capacity building, so that refuge developments are supported from the earliest stages.
Laois Domestic Abuse Service and groups taking forward refuge developments in the twelve priority locations will be able to access these resources.
590. Deputy Charles Flanagan asked the Minister for Justice if there are currently any plans to fund a new domestic violence refuge in the area of County Offaly to help deal with the significant pressures on the current services provided in the area; and if she will make a statement on the matter. [59385/22]
View answerOne of the overarching goals of the Zero Tolerance policy to address Domestic, Sexual and Gender Based Violence is to ensure that everyone who needs a refuge space will get one, and I am committed to working with my Government colleagues and those working in the sector to achieve this.
In line with the priority which this government is attaching to tackling domestic, sexual and gender based violence, we will double the number of refuge spaces over the lifetime of the strategy, bringing it to 280.
The Tusla review of accommodation services for victims of domestic, sexual and gender-based violence identified priority locations where between 50 and 60 new refuge places are needed.
Further analysis undertaken identified 12 locations nationwide where the delivery of 98 family refuge spaces would have the most impact if prioritised.
Offaly is among the areas identified.
In the initial phase of this work, we expect to have delivered 24 places in Wexford, Dundalk and Navan by 2024. The delivery of additional safe homes is also a key part of the response and it is expected to increase the number of safe homes by 15 this year.
In addition, by putting in place the correct structures to deliver additional refuge accommodation now, including the development of a new statutory agency, we will accelerate the number of additional spaces that can be opened each year.
Already, work undertaken implementing the Strategy has prepared the way for this, including a very significant increase in funding under Budget 2023.
Minister McEntee secured additional funding of €9m in budget 2023 to address the response to domestic, sexual and gender-based violence, of which €6.8m will be allocated through Tusla to maintain and develop front-line services for victims. Funding for measures to bring domestic violence refuges and associated support services into operation at the earliest possible date has been identified as a priority within these resources.
There is also some funding available to look at additional safe accommodation solutions for victims, such as Safe Home units in the community. Tusla has informed me that plans are being advanced to bring units of Safe Home into operation in Co. Offaly in the coming months.
Early discussions on refuge development have been had with the Offaly Domestic Abuse Service and Tusla will stay engaged with stakeholders in Co. Offaly about progressing refuge plans in a timely, sustainable way.
An interdepartmental group is developing and progressing agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way.
This has already resulted in a streamlined process for capital funding applications for new refuges.
Supports for applicant groups from the Housing Agency in relation to public procurement processes and direct engagement between Department of Housing Architectural Advisors and the Design Teams recruited by the applicant groups are also in place.
Site work is set to begin in Q4 on the new refuge in Co. Wexford, while developments in Navan and Dundalk are continuing to make progress at design and planning stages. Developments in the other priority locations are mainly focused on establishing local stakeholders and lead organisations and on site selection.
591. Deputy Michael McNamara asked the Minister for Justice the number of occasions that the single person committee of inquiry advised to disclose partial disclosure or full disclosure, respectively, since September 2020; and if she will make a statement on the matter. [59395/22]
View answerTo date, the Single Process Committee has considered the following number of reports:
- 3 x applications referred to SPC (2 of which have been reviewed with a report submitted to me and 1 application is currently pending).
- 4 x applications were submitted to SPC but have subsequently been withdrawn.
Given the small number of cases and in order to protect the identity of the individuals concerned it would not be appropriate to release the details of the recommendations.
The Single Person Committee (SPC) process was established by My Department to aid in the consideration of naturalisation applications where concerns of a national security nature have been raised.
The Single Person Committee (SPC) examines these cases and reports to me with a recommendation to:
- Release the relevant information
- Partially release the information
- Not release the information
- Release the “gist” of the information (in line with the court recommendation that led to this process).
Following an operational review of the process, where appropriate, an intention to refuse letter is issued where national security concerns arise. It is outlined to the applicant the grounds for the intended refusal and the applicant is informed of the option of invoking the SPC process. The Terms of Reference of the Single Process Committee have been amended to reflect this change and are posted to the Immigration Services website and are available here: www.irishimmigration.ie/the-establishment-of-the-single-person-committee-of-inquiry/
592. Deputy Thomas Pringle asked the Minister for Justice when it became a requirement to send original passport documents with performance C visa applications; and if she will make a statement on the matter. [59407/22]
View answer593. Deputy Thomas Pringle asked the Minister for Justice the reason that it became a requirement to send original passport documents with performance C visa applications; and if she will make a statement on the matter. [59408/22]
View answer594. Deputy Thomas Pringle asked the Minister for Justice the number of performance C visa applications processed, disaggregated by decision to grant or refuse in each of the years 2015 to 2021 and to date in 2022, in tabular form; and if she will make a statement on the matter. [59409/22]
View answer595. Deputy Thomas Pringle asked the Minister for Justice the average length of time to process a performance C visa application in each of the years 2015 to 2021 and to date in 2022, in tabular form; and if she will make a statement on the matter. [59410/22]
View answerI propose to take Questions Nos. 592 to 595, inclusive, together.
When applying for any type of visa, including Type "C" Performance Visas, an applicant must submit their current passport, which must be valid for at least 6 months after the date the applicant plans to leave Ireland. The applicant must also submit a photocopy of each page from all previous passports where available.
As part of the application process, the visa office usually retains an applicant's passport for the duration of the application, as the visa office will place the visa sticker in the passport if the application is successful. However, it is open to applicants to request their passport back while they are waiting on the processing of their visa applications, if needed.
The table below outlines the number of applications granted and refused for the period 2017 up to 24 November 2022 (figures for earlier years are not readily available).
|
Year |
Application Granted |
Application Refused |
|
2017 |
1,484 |
139 |
|
2018 |
1,485 |
84 |
|
2019 |
1,652 |
182 |
|
2020 |
351 |
34 |
|
2021 |
555 |
2 |
|
2022 |
814 |
21 |
The below table shows the median processing times in days for performance C visas for the period 2017 up to 24 November 2022.
|
Year |
Application Granted |
Application Refused |
|
2017 |
7 |
20 |
|
2018 |
9 |
19 |
|
2019 |
8 |
21 |
|
2020 |
5 |
96 |
|
2021 |
6 |
32 |
|
2022 |
12 |
19 |
596. Deputy Francis Noel Duffy asked the Minister for Justice if the new Bill to tackle hate crime and hate speech includes provisions to protect members of the LGBTQ+ community given the rise in homophobic attacks recently; and if she will make a statement on the matter. [59417/22]
View answerAs the Deputy is aware, Ireland has become a more diverse and welcoming country in recent decades.
I strongly condemn the actions of the small minority of people who subject others to abuse or attack resulting from their own prejudice. These types of attacks cannot, and will not, be tolerated.
Minister McEntee recently published a Bill to update laws criminalising hate speech and legislate against hate crimes for the first time in Irish law. The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will create new, aggravated forms of certain existing criminal offences – i.e. hate crimes - where those offences are aggravated by hatred of a protected characteristic.
Offences aggravated by hatred will carry an enhanced penalty and the record of any conviction for such an offence will clearly state that the offence was a hate crime. Creating these new offences will mean that a crime can be investigated from the beginning as a potential hate crime by the An Garda Síochána and evidence of the hate element can be presented (and challenged) in court.
The Bill will also strengthen the law around incitement to hatred - or hate speech – by reflecting the current context more accurately; including online hateful content. The new legislation will modernise the existing Prohibition on Incitement to Hatred Act 1989 by criminalising any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic.
The protected characteristics that underpin the new legislation are race; colour; nationality; religion; national or ethnic origin; descent; gender (including gender expression or gender identity); sex characteristics; sexual orientation; and disability.
Development of this legislation follows a comprehensive consultation process that began in 2019 and included surveys, consultation and engagement with people with lived experience of the impact of hate speech and hate crime. Developing the new law on the foundations of this consultation means that it is grounded in the reality of what minority and vulnerable communities need to protect them from the hate crime and hate speech they face every day.
Minister McEntee met with LGBTQ+ organisations in recent months to update them on progress in developing the Bill and to ensure that their concerns informed the final drafting process. This positive and constructive engagement led to some changes to the Bill as it was being drafted, including the addition of sex characteristics as a protected characteristic which was a key request from LGBTQ+ civil society organisations.
The Bill will progress through the various stages in the Oireachtas in the coming weeks and months.
597. Deputy Thomas Pringle asked the Minister for Justice when a substantive reply will issue to correspondence of 26 October 2022 with her office (details supplied); and if she will make a statement on the matter. [59456/22]
View answerI can confirm to the Deputy that the correspondence referred to has been responded to.
598. Deputy Thomas Pringle asked the Minister for Justice if any visa or travel documents are required for a Ukrainian refugee to return to Ireland following a visit to the UK; the terms of any visa; the cost of any visa; the number of days the person can stay outside Ireland and still return without issue (details supplied); and if she will make a statement on the matter. [59465/22]
View answerOn 25 February, I announced the immediate lifting of visa requirements for Ukrainian nationals. Any Ukrainian national in Ireland that wishes to leave and return to this jurisdiction may do so without the need to obtain a visa.
If the person referenced has applied for and been granted Temporary Protection in this State then they should be in procession of a letter confirming same and should present that letter on their return to the State. The person in question should check the visa or individual immigration entry requirements of the jurisdiction that they wish to travel to in order to gain entry.
Any queries relating to immigration matters in another jurisdiction should be addressed to the immigration authorities of that jurisdiction.
For your convenience I have included a link to the immigration service of the UK: www.gov.uk/browse/visas-immigration
599. Deputy Jackie Cahill asked the Minister for Justice the names of all companies supplying private security and cleaning services in her Department, including the cost of private cleaning in her Department, the cost of private security in her Department; the number of private cleaners supplied to her Department to provide these duties as part of these contracts, and the number of private security personnel supplied to her Department on foot of these contracts; and if she will make a statement on the matter. [59736/22]
View answerIt is important to note that cleaning and security services provided to my Department are charged for on an hourly basis. It is therefore not possible to outline the number of operatives assigned to a site, as this is a matter for the service providers and will vary, depending on the hours required.
The table below outlines the weekly number of hours provided for cleaning services by company and location, and the total costs for the years requested by the Deputy.
|
Grosvenor |
Derrycourt |
Momentum |
Emerald |
|
|
51 St Stephen’s Green |
117.5 |
|||
|
Bishop's Square |
80 |
|||
|
Ely Place |
75 |
|||
|
Burgh Quay |
139 |
|||
|
Timberlay House |
67 |
|||
|
Chapter House |
32.5 |
|||
|
Hanover Street |
40 |
|||
|
Rosanna Road |
48.75 |
|||
|
Roscrea |
9 |
|||
|
Border Management Unit - Dublin Airport |
60 |
84 |
84 |
|
|
Ukraine Hub - Dublin Airport |
140 |
|||
|
Financial Services Killarney |
48* |
|||
|
Total paid 2020 |
€358,522.69 |
€265,105.43 |
€155,336.21 |
|
|
Total paid 2021 |
€451,309.60 |
€365,780.38 |
€40,508.94 |
€103,654.32 |
|
Total paid 2022 |
€472,640.18 |
€245,739.03 |
€107,595.32 |
* Reduced to 40 hours from 14/11/2022.
The table below outlines the weekly number of hours provided for security services by company and location, and the total costs for the years requested by the Deputy.
|
Manguard |
Noonans |
Elsa Security |
|
|
Ely Place |
Employed for the purposes of opening and locking up the building at Ely Place. |
||
|
Burgh Quay |
238 |
||
|
Chapter House |
45 |
||
|
Hanover Street |
62.5 |
||
|
Total paid 2020 |
€223,212.59 |
€8,020.50 |
€12,000.98 |
|
Total paid 2021 |
€282,774.94 |
€15,789.30 |
€40,281.82 |
|
Total paid 2022 |
€297,486.20 |
€15,622.53 |
600. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of the employment status in the civil service of each civilian driver who has been replaced by an official Garda driver in her Ministerial driver corps; if VER payments have issued; and if any cases have been presented to the WRC to date on foot of the changes. [59772/22]
View answerThe Deputy will appreciate that it is not the practice to comment on the details of protection arrangements for office holders. I can confirm to the Deputy that the circumstances outlined in the Deputy’s question have not arisen in my Department. I am not in a position to respond in relation to the status of employees in other Government Departments.
601. Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (details supplied); and if he will make a statement on the matter. [59418/22]
View answerI recognise the important part smaller voluntary and family-run nursing homes play in communities and I am committed to supporting them in these challenging times.
Providers of long-term residential care who participate in the Nursing Homes Support Scheme (NHSS) can, from 11 November, obtain additional funding supports to help meet increased energy costs due to inflation through the Temporary Inflation Payments Scheme (TIPS). Eligible private and voluntary nursing homes can claim for vouched heating and electricity increases, with 75% of year-on-year cost increases to be reimbursed up to a maximum payment of €5,250 per month per nursing home. Claims for increased energy costs can be backdated to 1 July 2022 which means that each nursing home can apply for up to €31,500 in vouched energy increases. The aim of the new scheme (TIPS) is to alleviate pressures put on nursing homes by an increase in energy prices. The new scheme will run in parallel with the Temporary Assistance Payment Scheme (TAPS). The Temporary Inflation Payment Scheme will be kept under review and further funding of these supports will be looked at towards the end of this year.
The Scheme is not intended to be allocated on a per resident cost but rather per nursing home in line with their actual increased costs. As designed, TIPS recognises that individual nursing homes may have different existing arrangements in place with energy providers and therefore experience varying cost increases.
Prior to Budget Day I stated that my priority was to secure additional funding for Budget 2023 to ensure the continuation of all services to a high standard. Long-term residential care will be supported through additional funding for the NHSS to maintain services and manage inflationary increases. The additional energy supports were announced as part of Budget 2023. A total of €10 million in further funding will be made available specifically for nursing homes through TIPS, drawn from the €100 million once-off fund that has been allocated to support community-based health and social care service providers for 2022 cost increases related to energy inflation.Budget 2023 also saw an additional €180 million of funding for services for older people for winter 2022 and into 2023, building on unprecedented increases of recent years. This will bring investment in these services to over €2.4 billion in 2023, including nearly €12 million of new developments.
The Government has also provided substantial supports to the nursing home sector over the course of the pandemic. Over €145 million has been claimed by nursing homes under the Temporary Assistance Payment Scheme (TAPS) since its introduction in 2020. The Government has now agreed to extend TAPS to the end of the year by maintaining the availability of Outbreak Assistance support.
Role of NTPF
Funding to support people to access services in the sector continues to be provided in line with the long-established statutory mechanisms under the Nursing Homes Support Scheme Act 2009. This is the mechanism established by the Oireachtas to provide for the processes relating to funding under the NHSS and the negotiation of prices for services for private and voluntary providers with the designated State agency, the National Treatment Purchase Fund (NTPF). Maximum prices for individual nursing homes are agreed with the NTPF following negotiations and based on the NTPF’s cost criteria. These criteria include costs reasonably incurred by the nursing home, local market prices, historic prices and overall budgetary capacity.
The NTPF carry out this role independently under the NHSS Act 2009. The NTPF has statutory independence, and there is no role for Ministers or the Department of Health in these negotiations. The Department of Health published a review of the NTPF pricing system in June 2021.
Implementation of Policy Reviews
The Review of the Pricing System for Long Term Residential Care Facilities was carried out under the oversight of a steering group with representation from various departments and agencies. The group made four recommendations. A steering group has been established to oversee the delivery of the recommendations; this group has met on a regular basis since publication of the review. The terms of reference for the group include a final report to be submitted to ministers, reporting on delivery of recommendations 1-4 set out above and making any further recommendations as appropriate.
To address strategic workforce challenges in the nursing home and home care sector, a Cross-Departmental Strategic Workforce Advisory Group (SWAG) was established in March 2022 and published a report on 15 October outlining 16 key recommendations spanning the areas of recruitment and retention, pay and conditions and overall sectoral reform. I strongly endorse the Group’s recommendations to address the critical shortage of care workers in Ireland and a dedicated Implementation Group has started working to progress these immediately.
A Value for Money (VFM) Review on Nursing Home Care Costs has also been carried out under the direction of a Steering Committee with an independent chair. The VFM Review sought to identify, quantify and analyse the reasons for any cost differential between private/voluntary and public nursing homes and, following analysis, to make recommendations for improving the value for money obtained by the Health sector. The review was published in December 2021 and can be viewed by following this link: www.gov.ie/en/publication/3859f-a-value-for-money-review-of-nursing-home-care-costs/
Among the issues raised were the pay costs of staff in nursing homes, the dependency levels of residents, energy costs, and medical supplies charges to the NHSS. The report found that the cost differential is largely driven by variances in staff-to-resident ratios and the skill mix in public and private nursing homes. However, the review also found that establishing like-for-like comparisons was complex and not always possible, especially when considering differences in dependency levels. The VFM Review made nine recommendations which the Department continues to take forward.
602. Deputy Niall Collins asked the Minister for Health the status of pay restoration for persons (details supplied); and if he will make a statement on the matter. [59480/22]
View answerFirstly, I would like to acknowledge the incredibly important role that Section 39 organisations and staff play in our health sector. They have a key role in providing services to people with disabilities and older people.
While the Government does provide assistance, under Section 39 of the Health Act 2004, to organisations that provide services similar or ancillary to services that the HSE may provide, it must be acknowledged that these organisations are privately owned and run and that their terms and conditions of employment, once in line with employment legislation, are strictly between private sector employers and their employees. They were not and are not party to the Public Service Agreements and are therefore not covered by the pay restoration provided for in these Agreements, including Building Momentum.
An agreement was reached at the WRC in October 2018, in relation to a process of pay restoration for staff employed by 50 Section 39 agencies. Pay restoration commenced in April 2019 with an annual pay increase of up to €1,000. Any outstanding balance was paid in 2020 and 2021. A further WRC engagement followed in December 2020 in relation to a final phase of 250 organisations who were identified as part of the earlier agreement. A payment arrangement consisting of three phases was agreed with the first two payments to be made in 2021, and the third and final payment due to be made in 2023.
A process along these lines could play a useful role in providing solutions to the current pay related issues that Section 39 organisations have raised.
