Written Answers Nos. 288-308
288. Deputy Willie O'Dea asked the Minister for Social Protection when a payment for disability allowance will be put in place for a person (details supplied) after an appeal was allowed; and if she will make a statement on the matter. [18622/23]
View answerMy Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.
Where a customer’s appeal is successful, every effort is made to implement the decision of the Appeals Officer (AO) within three weeks of notice of the decision being received from the Social Welfare Appeals Office.
The Disability Allowance section received confirmation from the AO on 11 April 2023 that the appeal was allowed, and the person concerned was awarded Disability Allowance with effect from 05 October 2022 and the first payment by electronic transfer is now scheduled to be in their bank account on the 10 May 2023.
Arrears of payment, if due, will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments from other Social Welfare schemes, if applicable.
The person concerned was notified of this decision in writing on 17 April 2023.
I trust this clarifies the matter for the Deputy.
289. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the current average processing times for all social welfare payments; the number of applications received for each payment; the number of applications processed to date in 2023, in tabular form; and if she will make a statement on the matter. [18650/23]
View answerMy Department understands the many pressures faced by customers and always seeks to ensure that claims are handled quickly and efficiently. I am pleased to report that claim processing is up to date, with processing targets met, or exceeded, on average for all the main scheme areas.
Processing times vary across schemes, depending on the differing qualification criteria. Schemes that require a high level of documentary evidence from the customer, particularly in the case of illness-related schemes, can take longer to process. Similarly, means-tested payments can also require more detailed investigations and interaction with the customer, thereby lengthening the decision-making process.
The table below gives the number of claims registered and the decisions made on them from January - March 2023, as well as the current average processing time for each scheme.
|
Social Welfare Scheme |
Registered |
Awarded |
Disallowed |
Withdrawn |
Average number of weeks to process |
|
Carer's Allowance |
5,554 |
4,132 |
2,969 |
145 |
7 |
|
Carer's Benefit |
1,120 |
1,148 |
425 |
56 |
5 |
|
Child Benefit |
9,024 |
10,483 |
321 |
0 |
1 |
|
Disability Allowance |
6,827 |
3,910 |
4,438 |
414 |
10 |
|
Domiciliary Care Allowance |
2,678 |
1,602 |
1,239 |
5 |
6 |
|
Free Travel |
N/A |
2,064 |
303 |
17 |
4 |
|
Household Benefits |
19,296 |
15,244 |
4,335 |
1,049 |
1 |
|
Illness Benefit |
104,367 |
84,820 |
3,629 |
15,465 |
1 |
|
Invalidity Pension |
2,495 |
1,856 |
1,777 |
360 |
7 |
|
Jobseeker's Allowance |
29,164 |
17,427 |
3,448 |
7,749 |
1 |
|
Jobseeker's Benefit |
34,132 |
25,278 |
1,673 |
8,441 |
1 |
|
Maternity Benefit |
10,846 |
10,357 |
375 |
225 |
6 |
|
Occupational Injury Benefit |
2,263 |
1,077 |
443 |
824 |
1 |
|
One-Parent Family Payment |
3,308 |
1,933 |
264 |
448 |
3 |
|
Parent's Benefit |
22,055 |
21,948 |
195 |
509 |
1 |
|
Paternity Benefit |
7,326 |
6,816 |
175 |
191 |
6 |
|
State Pension (Contributory) - EU/International |
1,247 |
167 |
321 |
197 |
7 |
|
State Pension (Contributory) - Irish |
12,580 |
4,684 |
3,332 |
2,431 |
7 |
|
State Pension (Non-Contributory) |
3,474 |
2,982 |
736 |
283 |
6 |
|
Supplementary Welfare Allowance |
15,718 |
11,572 |
1,300 |
3,120 |
1 |
|
Widow(er)'s Contributory Pension |
2,584 |
2,043 |
400 |
160 |
2 |
|
Working Family Payment |
8,115 |
3,823 |
3,635 |
99 |
7 |
My Department has introduced a wide range of initiatives aimed at streamlining the processing of claims, supported by modern technology in recent years. Operational processes, procedures and the organisation of work are continually reviewed to ensure that processing capability is maximised.
In addition, the staffing needs of my Department are regularly reviewed, having regard to workloads and the competing demands arising, to ensure that the best use is made of all available resources.
I hope this clarifies the position for the Deputy.
290. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the average wait time for an additional needs' payment application. [18651/23]
View answerUnder the Supplementary Welfare Allowance (SWA) scheme, my Department may make Additional Needs Payments (ANP) to help meet expenses that a person cannot pay from their weekly income. An ANP is an overarching term used to refer to Exceptional and Urgent Needs Payments, and certain other Supplements available to assist with ongoing or recurring costs that cannot be met from a person’s own resources, and which are deemed to be necessary.
The Community Welfare Service (CWS) is committed to providing a quality service to all citizens, ensuring that applications are processed and that decisions on entitlement are made quickly.
Work on hand is within the scheme's normal processing levels and 75% of all applications are finalised within 4 weeks. Applications for ANPs are varied and often quite complex, reflecting the individual circumstances being experienced. Where an application cannot be finalised promptly, the delay is normally due to the need for additional information or documentation and the time it takes for the customer to respond. Upon receipt of this information, the application is then processed quickly.
It is important to note that where it is clear that a person has an urgent or immediate need, every effort is made to ensure that the claim is processed on the same day. Community Welfare Officers are very experienced and can generally assess when a case is so urgent that it requires an immediate response.
A lot of effort and resources have been applied to the CWS to ensure that it is a responsive and accessible service for people.
I trust this clarifies the matter.
291. Deputy Bernard J. Durkan asked the Minister for Social Protection when jobseeker’s allowance will be reinstated in the case of a person (details supplied); and if she will make a statement on the matter. [18662/23]
View answerJobseeker's Allowance (JA) is a means-tested payment made to people who are unemployed and who do not qualify for Jobseeker's Benefit. Amongst other qualifying conditions a person must be capable of work and available for full-time work.
According to the records of my Department, the person concerned was awarded JA with effect from 19/12/2022. Following the person’s commencement of part-time employment on 07/02/2023, a review of entitlement based on means from income was undertaken and his JA rate was adjusted accordingly. The person was required to submit casual dockets confirming his days of work each week.
On 16/03/2023, the person concerned informed Social Welfare Branch Office (SWBO) in Maynooth by email that he was out of the State from 13-17th March and had to extend his trip for medical reasons. A holiday form had not been completed by the person either in the SWBO or online prior to his departure as is required under current guidelines.
The SWBO emailed the person to ascertain if he was abroad, but no response was received. The person’s JA claim was subsequently closed as no further casual dockets had been provided and date of return to the State had not been confirmed.
The SWBO was recently advised by the person concerned that he had returned to the State on 12/04/2023. The person was advised to apply for JA online at www.MyWelfare.ie. To-date the person has not made an application for JA.
I trust this clarifies the matter.
292. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made in relation to a disability allowance application by a person (details supplied); and if she will make a statement on the matter. [18664/23]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
I confirm that my Department received an application for DA from the person concerned on 23 January 2023.
The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information the person provides in support of their claim.
This application was referred to a Social Welfare Inspector (SWI) on 24 February 2023 for a report on the person’s means and circumstances. Following further recent contact with the Inspectors office, the SWI requested further information from the person concerned on 28 March 2023 and will finalise their report on receipt of this information.
Once the SWI has submitted his/her report to DA section, a decision will be made on the application as quickly as possible and the person concerned will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
293. Deputy Catherine Murphy asked the Minister for Social Protection with respect to an e-tender (details supplied) if she will outline the rationale for the inclusion of facial image matching as part of the tender details, at a time when a report from the Data Protection Commission on facial matching processing by the DEASP in connection with the PSC is pending; if she will provide details of the proposals for the processing and use of such data by her Department; the Data Protection Impact Assessments which have been carried out in relation to the use of this technology; and if she will make a statement on the matter. [18674/23]
View answerOne of my statutory functions as Minister for Social Protection is the authentication of a person's identity in the manner described, and for the purposes set out, in primary legislation. Once a person has authenticated their identity by way of the SAFE registration process, they are issued with a Public Services Card (PSC) which can be used as proof of identity when accessing public services.
The processing of personal data involved in the SAFE registration process is carried out to help ensure that the person whose identity is being authenticated has not already been authenticated under a different identity. The SAFE registration service not only provides assurance to public bodies as to the identity of the person they are dealing with, it also helps to protect that person against identity theft, and helps ensure that their data protection rights are protected.
The processing of personal data includes the creation and processing of biometric data from a photograph of the person concerned, to enable a check to be carried out as to whether the facial image matches an image already held. A similar type of processing is carried out by the Passport Office and other Governmental authorities in many other countries, with responsibilities in the area of identification and authentication.
The processing of biometric data has been an essential component of the SAFE registration process since it began in 2011. This processing is carried out by the Department on the Department's secure IT infrastructure. This biometric data is not stored on the PSC, nor is it shared with any other public body.
The Department’s current contract for the provision of facial image matching software is due to expire in August 2023 and a Request for Tenders has recently been published, inviting tenderers to bid for a new contract.
A Data Protection Impact Assessment (DPIA) was carried out in respect of an upgrade of the facial image matching system in 2021.
My Department has responded in full to all queries from the Data Protection Commission related to its current investigation into the processing of biometric data during the SAFE registration process and looks forward to receiving the DPC's Draft Report as soon as it has been completed.
I trust this clarifies the matter for the Deputy.
294. Deputy Brendan Griffin asked the Minister for Social Protection the reason a disability allowance payment has been reduced for a person (details supplied); and if she will make a statement on the matter. [18676/23]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
My Department received correspondence from the person concerned on 22 February 2023, notifying a change of circumstances regarding her DA. I can confirm that this person's previous means review was carried out on 7 July 2021. At that time, she was assessed with weekly means of €214.87 resulting in a DA payment rate of €158.50 (excluding fuel allowance).
Following a review, based on payslips that were supplied, it was found that the person concerned had an increase in her means above that previously assessed. This results in her now being assessed with weekly means of €326.67. Based on this earnings information, a reduced rate has been applied to her DA payment, with effect from 29 March 2023.
The person concerned was notified in writing of this decision on 20 March 2023.
I trust this clarifies the matter for the Deputy.
295. Deputy Michael Creed asked the Minister for Social Protection the reason a person (details supplied) has only been approved for a reduced rate of the State pension (non-contributory) in view of the fact that their sole household means is their spouse's disability allowance; if she will arrange for an urgent review of this case; and if she will make a statement on the matter. [18718/23]
View answerState pension non-contributory is a means-tested payment for people aged 66 and over, legally and habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record.
An application for state pension non-contributory was received from the person concerned on 23 November 2022. Following an assessment of the income and assets of the person concerned (including regular cash payments), the Deciding Officer determined that the person was entitled to a reduced rate of pension, with effect from 17 March 2023, on reaching pension age. Social welfare payments received by the person’s spouse are not included in the assessment of means.
The person concerned was notified of this decision on 14 March 2023, together with the reasons for the decision and their right, if dissatisfied with the decision, to request a review, or to appeal the decision to the independent Social Welfare Appeals Office.
Following receipt of correspondence from the person concerned on 27 March 2023, a review of the decision is currently being undertaken. A Deciding Officer has issued an information request to the person concerned on 13 April 2023.
On receipt of the requested information, the review will be finalised and the person concerned will be notified of the outcome.
I trust this clarifies the matter for the Deputy.
296. Deputy Rose Conway-Walsh asked the Minister for Social Protection the details of each time her Department, or public bodies under the aegis of her Department, enlisted the services of consultants in 2022; the purpose and value of each contract; and if she will make a statement on the matter. [18739/23]
View answerDetails as requested by the Deputy are set out below.
Details of consultants enlisted by the Department of Social Protection in 2022
|
KPMG |
€318,570 |
Actuarial Review of the Social Insurance Fund as at 31 December 2020 |
|
BearingPoint |
€169,773 |
Management Support and Assistance in the establishment and ongoing operation of two new business units (i) the Pandemic Unemployment Payment (PUP) scheme area and (ii) the new Jobseekers National Processing Unit |
|
BearingPoint |
€136,142 |
Consultancy to Support the planning, design and configuration of a new pilot customer contact centre |
|
Indecon Economic Consultants |
€99,445 |
Strategic Review of the Abhaile Service |
|
RSM Ireland Business Advisory Ltd |
€98,400 |
Provision of Evaluation of the School Meals Programme |
|
The Economic and Social Research Institute |
€87,668 |
Provision of Poverty and Social Inclusion Research Programme 2020-2023 |
|
Social Finance Limited |
€61,136 |
To advise and assist with the design and procurement of a new model of contracted public employment services |
|
Ernst & Young |
€39,067 |
IS Audit Services |
|
Hyperion Systems Limited |
€34,067 |
SAFE PSC Card Production |
|
Crowe Advisory Limited |
€27,860 |
Provision of Financial and Economic Services |
|
Crowleys DFK |
€14,145 |
Consultancy Services - Management Accounting |
|
Crowe Advisory Limited |
€12,294 |
Provision of Financial and Economic Services |
|
Total |
€1,098,567 |
Details of consultants enlisted by the Citizens Information Board in 2022
|
BearingPoint |
€147,770 |
Consultancy services relating to the following: Post Restructuring Review CIB Strategy Volunteer Review |
|
Innovative Procurement Solutions |
€28,444 |
Procurement advice and support |
|
Ann M Clarke |
€23,247 |
Professional advice on a quality and continuous improvement system for MABS |
|
KHSK |
€19,557 |
Environment scan relating to the development of the CIB Strategy |
|
Weafer and Associates |
€12,300 |
SLIS voucher scheme evaluation |
|
Carr Communications |
€11,108 |
PR consultancy |
|
Total |
€242,426 |
Details of consultants enlisted by the Pensions Authority in 2022
|
Javelin Advertising Ltd |
€62,900 |
Provision of advertising and media services |
|
Anthony Gilhawley |
€52,293 |
Framework agreement for technical advisory services - OPS, SSAP, PRSA |
|
William Fry |
€31,536 |
Provision of legal advice |
|
Crowleys DFK |
€16,799 |
Provision of internal audit services |
|
Fieldfisher LLP |
€13,464 |
Provision of legal advice |
|
Lane Clark and Peacock Ireland |
€11,501 |
Provision of actuarial services |
|
Sile O Donnell |
€8,375 |
Provision of training and HR consultancy |
|
Devina Brady |
€5,166 |
Provision of legal advice |
|
Mazars |
€3,075 |
Provision of accounting services |
|
Byrne Wallace Law Firm |
€1,304 |
Provision of legal employment advice |
|
Prandelli Consulting |
€1,107 |
Provision of HR advisory services |
|
Total |
€207,520 |
Consultancy is defined by the Department of Finance as where a person or organisation provides intellectual or knowledge based services (e.g. expert analysis and advice) through delivering reports, studies, assessments, recommendations, proposals, etc. that contribute to decision making or policy development.
A breakdown of the annual expenditure on consultancy is published on the Gov.ie website at gov.ie - Department of Social Protection Policy on Procurement (www.gov.ie)
I am satisfied that all consultancy contracts awarded in 2022 were subject to a rigorous assessment of need and were compliant with EU Directives and national legislation and guidelines.
297. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the number of people currently in receipt of professional artists on jobseeker’s allowance; and to provide a yearly breakdown of the number of people who have received the allowance since the scheme was made permanent in September 2019. [18819/23]
View answerProfessional Artists on Jobseeker’s Allowance is a scheme to support you if you are a self-employed professional artist and you are getting Jobseeker's Allowance. When you are being assessed for this scheme, you will be means tested as a self-employed person.
If you qualify, you do not have to take part in the department’s activation programme for one year. This allows you to focus on your artistic work for one year.
At the end of March 2023, there were 80 Professional Artists on Jobseeker’s Allowance. The number of Professional Artists on Jobseeker's Allowance as at 31st December for the years 2019 to 2022 is shown in the table below.
Table 1: The number of Professional Artists on Jobseeker's Allowance, by year
|
Year |
Recipients |
|
2019 |
99 |
|
2020 |
94 |
|
2021 |
82 |
|
2022 |
86 |
298. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if she will advise how many community employment supervisors have been paid to date under the agreed gratuity payment scheme; if she will confirm what the total cost of the scheme is to date; how many applications to the scheme have been denied, in tabular form; and if she will make a statement on the matter. [18820/23]
View answerThe Deputy will be aware that a final settlement was reached with unions at the end of 2021 to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme for CE supervisors and CE assistant supervisors who are employed by CE scheme sponsoring organisations. The settlement resolved the long-standing issue through the payment of a once off ex-gratia payment to eligible CE supervisors and assistant supervisors.
Generally, under the terms of this settlement, on reaching retirement age, eligible CE supervisors and assistant supervisors will receive a once off ex-gratia payment in respect of time employed by CE schemes since 2008.
Table A below shows the number of supervisors that have been awarded the ex-gratia payment to date, the total of all ex-gratia payments made to date and the number of ex-gratia applications that have been refused. The refused applications were deemed not eligible mainly due to reasons such as no relevant employment after 1 July 2008, or having already received a payment of redundancy/pension.
Processing and payment of claims for people who retire during 2023 will continue as they retire and submit their claims.
I trust this clarifies the matter for the Deputy.
Table A
|
Total Supervisors Paid to Date |
Total Amount Paid to Date |
Total Refused to Date |
|
638 |
€5,636,891.40 |
40 |
299. Deputy Bernard J. Durkan asked the Minister for Social Protection the entitlement to an increase in pension and the basis of the entitlement of a person (details supplied) from another EU member state; the entitlement they might qualify for here; and if she will make a statement on the matter. [18872/23]
View answerThe person concerned reached pension age on 1 January 2020.
Under current eligibility conditions, an individual must have at least 520 full-rate paid contributions in order to qualify for standard State Pension (Contributory).
To qualify for a pension under EU Regulations, an individual must have full-rate paid contributions in Ireland and in one or more EU member states. The insurance records of other Member States can then be combined with the Irish full-rate contributions to satisfy the 520-contribution condition. The rate of entitlement is based on the proportion of Irish full-rate contributions to the person’s total combined Irish and EU social insurance contributions.
As the person concerned does not have full-rate contributions in Ireland, they cannot be considered for a State Pension (Contributory) under EU Regulations.
If the person considers that they have contributions or credits in Ireland which have not been recorded, they can forward documentary evidence to my Department and their pension entitlement will be reviewed.
On 18 April 2023, an application was received for a State Pension (Non-contributory). This is a means-tested payment for people aged 66 and over, legally and habitually residing in the State, who do not qualify for a contributory State Pension, or who only qualify for a reduced rate contributory pension based on their social insurance record. This application is currently being assessed. On completion of this, the person concerned will be notified of the decision in writing.
I trust this clarifies the matter for the Deputy.
300. Deputy Paul McAuliffe asked the Minister for Justice the number of applications for international protection currently being processed; the countries of origin of the applicants and the number of applicants from each country, in tabular form. [18839/23]
View answerMy Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.
The number of international protection applications last year was 13,651 – a significant increase on recent years. In 2019, the last comparable year pre-pandemic, 4,780 applications were made. Between January 1 and April 14 this year 3,340 applications have been made.
The IPO currently has 15,258 applications for international protection pending. A breakdown of those applications by nationality can be found in the table attached.
Since last November a number of measures have been implemented to improve efficiencies and throughput, in tandem with reforms to the application, interview and decision-making process. These reforms are having a significant impact on processing times.
The Government has also committed additional funding of nearly €18m for the IPO in 2023 that will go towards improving efficiency in processing applications, including by increasing staff numbers.
Overall, my Department is working to minimise the timeframe for receiving a decision on an international protection application, allowing those eligible to remain the opportunity to rebuild their lives. Those who are not entitled to the protection of the State will also be advised of that fact as quickly as possible.
The total number of applications pending with the IPO by nationality.
Applications Pending Week Ending 14 April 2023
|
Nationality |
Application Numbers |
|
Georgia |
2599 |
|
Algeria |
2175 |
|
Somalia |
1719 |
|
Nigeria |
1529 |
|
Zimbabwe |
1014 |
|
Afghanistan |
896 |
|
South Africa |
490 |
|
Egypt |
449 |
|
Botswana |
397 |
|
Pakistan |
357 |
|
Albania |
248 |
|
Bangladesh |
244 |
|
Ukraine |
243 |
|
Congo, The Democratic Republic Of The |
214 |
|
Morocco |
204 |
|
El Salvador |
172 |
|
Brazil |
147 |
|
Syrian Arab Republic |
126 |
|
Sudan |
108 |
|
Bolivia |
92 |
|
Iraq |
91 |
|
India |
89 |
|
Malawi |
89 |
|
Sierra Leone |
81 |
|
Ghana |
78 |
|
Swaziland |
76 |
|
Nicaragua |
69 |
|
Ethiopia |
65 |
|
Russian Federation |
65 |
|
Iran (Islamic Republic Of) |
64 |
|
Tunisia |
64 |
|
Palestinian Territory, Occupied |
54 |
|
Kenya |
50 |
|
Yemen |
48 |
|
Eritrea |
41 |
|
Jordan |
40 |
|
Mauritius |
39 |
|
Uganda |
38 |
|
Turkey |
37 |
|
China (Including Hong Kong) |
34 |
|
Angola |
33 |
|
Cameroon |
33 |
|
Togo |
33 |
|
Kosovo / UNSCR 1244 |
30 |
|
Stateless |
30 |
|
Malaysia |
29 |
|
Nepal |
28 |
|
Venezuela |
26 |
|
Kuwait |
25 |
|
Viet Nam |
22 |
|
Belarus |
20 |
|
Guatemala |
20 |
|
United States Of America |
18 |
|
Burundi |
16 |
|
Lebanon |
16 |
|
Honduras |
13 |
|
Libyan Arab Jamahiriya |
12 |
|
Mexico |
12 |
|
Myanmar |
11 |
|
Sri Lanka |
11 |
|
Türkiye |
10 |
|
Others |
175* |
|
Total |
15,258 |
*Where the number of applications for individual countries is low (less than 10), a breakdown is not provided. This is for reasons of confidentiality, as provided for under section 26 of the International Protection Act 2015.
301. Deputy Jim O'Callaghan asked the Minister for Justice when Ireland intends to sign up to and ratify the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography; and if he will make a statement on the matter. [18849/23]
View answer309. Deputy Joan Collins asked the Minister for Justice when he plans to ratify the 2nd optional protocol on the UNCRC OPSC in 2023; and the specific legislative barriers that are preventing Ireland from ratifying the OPSC. [18755/23]
View answerI propose to take Questions Nos. 301 and 309 together.
The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.
In consultation with the Office of the Attorney General, several legislative measures have been implemented which were necessary to ensure that Ireland is in compliance with the obligations of the Optional Protocol. Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Optional Protocol.
Further smaller legislative amendments relating to the extra-territorial jurisdiction requirements under Article 3.1 will ensure that the State is in compliance with certain outstanding aspects of the Protocol. These amendments have been included in the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, which underwent pre-legislative scrutiny in December. The Report on Pre-Legislative Scrutiny by the Oireachtas Joint Committee on Justice was published on 8 March and can be found at www.oireachtas.ie/en/committees/33/justice/.
The Report is being reviewed by my Department and all recommendations therein are being carefully considered. I expect to be in a position to publish the text of the Bill in the coming weeks. Once enacted, Ireland should be in a position to ratify the Second Optional Protocol.
302. Deputy Michael Ring asked the Minister for Justice the Private Security Authority protocol in place for events where there are a mixture of registered security personnel and volunteers for example, sporting events operating; and if he will make a statement on the matter. [17228/23]
View answerThe Private Security Authority (PSA), an agency of the Department of Justice, is responsible for the regulation of the private security industry in Ireland including the event security sector. Those regulated by the PSA must meet prescribed standards and training requirements. They are also vetted by the National Vetting Bureau of An Garda Síochána.
Contractors providing event security services have required a licence since 2014. Since the 1 November 2022, licensing has been extended to those working at events.
Event security personnel and event stewards or volunteers undertake different roles. Event stewards or volunteers may not be used for event security roles and the insurance of licensed contractors does not permit this. Event stewards or volunteers are not licensed by the PSA and their role is defined under Clause 2.17 of PSA 39:2014. Tasks which may be undertaken by event stewards or volunteers include:
Checking tickets.
Directing persons to seats, facilities or other areas of a venue during the normal course of an event.
Providing safety advice and assistance.
Ensuring all entrances, exits, passageways, stairway and other concourses are kept clear for health and safety purposes.
Checking and reporting of any matter posing a risk to the health and safety of persons.
Observation and reporting of crowd dynamics.
Traffic management.
An Event Steward or volunteer may not undertake any task of a security nature. Such tasks include but are not limited to:
Preventing unauthorised entry to the playing area or any other area at a sports venue.
Removal of persons from venue.
Protection of property (inside or outside the venue).
Protection of persons.
Searching for and controlling of prohibited goods, items or other objects.
The PSA standard for the licensing of event security contractors, PSA 39:2014, is available on the standards page of their website, www.psa-gov.ie/standards-required-for-licensing/. If a sporting organisation requires advice in relation to PSA licensing matters they can contact the PSA at info@psa-gov.ie.
303. Deputy Mary Lou McDonald asked the Minister for Justice if he is aware that the Courts Service is unable to confirm if there have been any convictions under the Harassment, Harmful Communications and Related Offences Act 2020 as prosecutors may use free text codes for which it is not possible for the service to run reports; the action he will take to rectify this serious matter. [18637/23]
View answerThe Harassment, Harmful Communications and Related Offences Act 2020 was commenced on the 10th February 2021. Along with other provisions, it created two new offences of sending, or threatening to send, intimate images without the consent of the person whose image it is. It also broadened the existing offence of harassment and provided for a new offence of sending, distributing or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim, which means our legislation now covers once-off communications as well as harassment.
As the Deputy is aware, the codes for convictions under the Harassment, Harmful Communications and Related Offences Act 2020 went live on 7 February 2023 on both the pulse system and the courts service system. I am informed that prior to that date, convictions under the Harassment, Harmful Communications and Related Offences Act 2020 would have been recorded on the Courts Service system using free text and as such it is not possible to provide numbers in relation to convictions under the Act which were secured prior to that date.
As I know this is an issue that the Deputy has enquired about before and in order to be of assistance, I requested information from An Garda Síochána in relation to their work which the Deputy may find useful.
I have been informed that, to date, An Garda Síochána have commenced 105 prosecutions (charges/summonses), related to 82 investigations, under the Harassment, Harmful Communications and Related Offences Act 2020.
Gardaí anticipate that the numbers of prosecutions will continue to rise as further reports are received and the consequent criminal investigations progress.
It may also interest the Deputy to know that An Garda Síochána continues to partner with Hotline.ie which has created an online reporting facility that enables victims of intimate image abuse (IIA) to report this type of criminal activity to Gardaí, via the hotline website, while simultaneously making an IIA content removal request. Where victims request, Gardaí will conduct a thorough criminal investigation with a view to prosecuting offenders, while Hotline will engage with the relevant service provider to seek the removal of the harmful content reported.
At the time of receiving this information from An Garda Síochána, 185 reports had been received from Hotline.ie. Following the removal of the reported links by Hotline.ie and further engagement by An Garda Síochána, 111 cases had been closed with no further action requested while 74 cases remained under assessment/investigation.
304. Deputy Carol Nolan asked the Minister for Justice the number of complaints of alleged electoral offences which have been made to An Garda Síochána for each year from 2000 to date; the number of Garda investigations which have been conducted on foot of such complaints; the number of individuals against whom charges were brought; the number of convictions; and if he will make a statement on the matter. [18640/23]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended). This includes the direction of investigative priorities for the service and the recording of information on Garda IT systems, including the PULSE database. As Minister, I have no role in these independent functions.
Additionally, the management of the courts, 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. 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 to the Deputy, I have contacted the Garda authorities and have been advised of the following. Electoral Offences are recorded on PULSE under the Incident Type “Electoral Offences Including Personation”.
A search of PULSE was conducted for this Incident Type from 2000 onwards, and returned 127 incidents, categorised below by year of report. Due to data protection, figures of less than 10 in a given year are not reported and are denoted with '*'.
|
Year of Report |
No of incidents |
|
2000 |
0 |
|
2001 |
0 |
|
2002 |
* |
|
2003 |
0 |
|
2004 |
* |
|
2005 |
* |
|
2006 |
0 |
|
2007 |
* |
|
2008 |
* |
|
2009 |
18 |
|
2010 |
* |
|
2011 |
24 |
|
2012 |
* |
|
2013 |
0 |
|
2014 |
19 |
|
2015 |
* |
|
2016 |
11 |
|
2017 |
* |
|
2018 |
* |
|
2019 |
12 |
|
2020 |
* |
|
2021 |
0 |
|
2022 |
0 |
|
2023 |
0 |
Data is operational and subject to change.
A search was conducted for charges for offences contrary to any of the following Acts:
Electoral Acts 1992 to 2022,
Local Elections Acts 1974 to 2014,
European Elections Acts 1992 to 2022,
Referendum Acts 1992 to 2022.
The overall number of charges returned was below 10, and so is too low to report on due to data protection concerns. As the Deputy will appreciate, convictions would also be less than 10.
I have been further advised that investigations are recorded on PULSE narratively, and therefore the system has no reporting capability for the number of investigations.
305. Deputy Carol Nolan asked the Minister for Justice the current legal provisions which govern the establishment of women's prisons separate from men's prisons; the policy basis for housing male and female prisoners in separate facilities; and if he will make a statement on the matter. [18642/23]
View answerThe Prison Rules, 2007 (S.I. No. 252/2007) set out the minimum rules and regulations on all aspects of life in prisons in Ireland, including admission, accommodation, visiting rights, health, discipline, education, and so forth. Much of the daily operation of prisons is guided by the Prison Rules.
Where a court makes an order committing a person to a prison, the Prison Service must accept that person into custody in whichever prison is specified by the court.
While all prisoners committed are accommodated in accordance with their legal gender, it should be noted that Irish prisons are not legally defined as 'male' or 'female' prisons. However, Prison Rule 52 provides for male and female prisoners to be accommodated in separate areas.
Regardless of their gender or any other characteristic, every person committed to the care of the IPS undergoes a committal assessment to look at their needs and at what is required to ensure their safety and well-being as well as to ensure the safety and well-being of the wider prison population and of staff.
306. Deputy Ged Nash asked the Minister for Justice if engagement has occurred between his Department and the Garda Commissioner in relation to the Sale of Alcohol Bill 2022, in particular the need for increased Garda resources resulting from the extension to the hours; and if he will make a statement on the matter. [18652/23]
View answerAn Garda Síochána was fully consulted as this general scheme was developed.
I can also assure the Deputy that the Department of Justice continues to engage with An Garda Síochána in relation to the Sale of Alcohol Bill to ensure that it contains a full suite of enforcement powers and resources to meet their policing needs.
As the Deputy may be aware , the Joint Oireachtas Committee on Justice conducted two pre-legislative scrutiny sessions regarding the draft legislation, the first on 24 January 2023 and the second on January 31 2023.
Academics, sectoral groups and representative organisations were invited to contribute to these sessions. Representatives from Alcohol Action Ireland, the Institute of Public Health and the Irish Community Action of Alcohol Network took part in the second of the pre-legislative scrutiny sessions. The Committee published their report on 2 March 2023.
Officials in the Department of Justice continue to engage with various public and voluntary health bodies.
As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.
I am however assured by the Garda authorities that the distribution of Garda resources is kept under constant review, in light of policing priorities and emerging crime trends.
I can assure the Deputy that the Government is committed to building stronger, safer communities and ensuring that An Garda Síochána has the resources it needs, which is reflected in an allocation of over €2.14 billion under Budget 2023. This funding will support the recruitment of up to 1,000 Garda members and 400 Garda staff.
Coupled with further reassignments of Gardaí to operational front-line policing and the continued roll out of the new Operating Model with its core focus on community policing, I am confident that the Commissioner has suitable resources and plans in place to continue to deliver on An Garda Síochána's mission of Keeping People Safe.
307. Deputy Rose Conway-Walsh asked the Minister for Justice the details of each time his Department, or public bodies under the aegis of his Department, enlisted the services of consultants in 2022; the purpose and value of each contract; and if he will make a statement on the matter. [18736/23]
View answerIt has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
308. Deputy Joan Collins asked the Minister for Justice if he will ensure that 116000, the EU missing children hotline number, will be on public display at airports and ports. [18754/23]
View answer
