Written Answers Nos. 193-207
193. Deputy Cian O'Callaghan asked the Minister for Justice when the regulations on service charges and sinking funds - under Sections 18.17 and 19.9 of the Multi-Unit Developments Act 2011 - which, as per Housing for All, were supposed to be introduced by Quarter 4 of 2022, will be introduced; and if he will make a statement on the matter. [20953/23]
View answerThe Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.
As the Deputy is aware, Housing for All - a New Housing Plan for Ireland is the Government’s housing plan to 2030. It includes support to effective management and oversight of multi-unit developments, by legislating for necessary changes. The Housing for All plan provides for Regulations to be made:
• under section 18, subsection 17 of the Multi-Unit Developments Act 2011 (‘the MUDs Act’) to ensure that OMCs are financially sustainable; and
• under section 18, subsection 19 of the MUDs Act, to ensure that OMCs provide for expenditure of a non-recurring nature (i.e. ‘sinking fund’ expenditure)
In this regard, my Department works in close co-operation with the Department of Housing, Local Government and Heritage, and is guided by it in relation to overall housing policy.
Subsection 17 of section 18 of the Multi-Unit Developments Act 2011 provides that the Minister may make regulations prescribing the class or classes of items of expenditure which may be the subject of annual service charges; the procedures to be followed in setting such charges; the matters to be taken into account in the setting of such charges; and arrangements for the levying and payment of such charges.
Subsection 9 of section 19 of the MUD Act provides that the Minister may make regulations in relation to sinking funds, prescribing the class(es) of expenditure that may be incurred by a sinking fund, the procedures to be followed in setting contributions to it, the matters to be taken into account in setting such contributions, and the thresholds of expenditure which would necessitate approval by the members of the OMC.
My Department is engaging with the Department of Housing, Local Government, and Heritage in relation to the drafting of the Regulations, to ensure that they are fully informed by that Department’s appreciation of the key problems and issues requiring to be addressed in this sector.
It is intended to introduce the Regulations when the necessary consultation process is completed.
194. Deputy Matt Shanahan asked the Minister for Justice the reason persons who are in the State on student visas are allowed to work on a casual or part-time basis, but are not allowed to become self-employed and work on a casual or part-time basis; and if he will make a statement on the matter. [20829/23]
View answerMy Department has responsibility for immigration-related matters, including the entry and residence conditions of non-EEA students, who are granted a Stamp 2 immigration permission, and continually consults and engages with the Department of Enterprise, Trade and Employment and the Department of Further and Higher Education, Research, Innovation and Science, among other key sectoral stakeholders, in this area.
A student's primary purpose for being in the State is to study. All applicants for permission to study in Ireland must show that they have sufficient funds to support their stay in Ireland without recourse to public funds, or the reliance on casual employment.
However, since April 2001, non-EEA students with a Stamp 2 immigration permission, and who are enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP) including English language courses, have been afforded the opportunity to work.
This allows them to take up casual employment to supplement their income while studying in Ireland. During term time, non-EEA students can work up to 20 hours per week and during normal college holiday periods they can work on a full time basis up to 40 hours per week.
The conditions attaching to all immigration permissions are kept under ongoing review by my Department with all relevant stakeholders. Any changes to the work entitlements of non-EEA students would be a policy decision for the wider stakeholder group.
195. Deputy Colm Burke asked the Minister for Justice if all current general employment permit holders, their employers and agencies have been made aware of amendments to salary requirements when applying for a family reunification visa after one years' service wherein net income per week based on the family income supplement has increased, in view of the fact that employers may not be in a position to increase wages in order to satisfy the eligibility requirements for family reunification; and if he will make a statement on the matter. [20844/23]
View answer196. Deputy Colm Burke asked the Minister for Justice if the Policy Document on Non-EEA Family Reunification 2016 has been amended to reflect the increased salary requirements when applying for a family reunification visa; and if he will make a statement on the matter. [20845/23]
View answerI propose to take Questions Nos. 195 and 196 together.
As the Deputy notes, the position in regard to applications of this nature is set out in the Policy Document for Non-EEA Family Reunification, which is available on my Department's website. The policy, which was last amended in 2016, is currently under review.
The policy document sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification. In general terms, the sponsor must demonstrate their capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland.
As a guideline, Category B sponsors such as those on General Employment Permits, regardless of occupation, must have a gross income in excess of that applied by the Department of Social Protection (DSP) in assessing eligibility for the Working Family Payment (formerly Family Income Supplement). In examining such applications, my Department applies the DSP income levels current at the time of assessment.
197. Deputy Paul McAuliffe asked the Minister for Justice if he will the number of allegations of child sexual abuse involving any member of the Probation Service that he or his Department or the Probation Service has been made aware of; the process that has been used to investigate any such reports and if any settlements have been made to date involving these issues. [20913/23]
View answerI am informed that records indicate two allegations of child sexual abuse have been made in relation to the Probation Service. Both relate to alleged incidents in the 1970s by a former staff member who is now deceased.
I am informed that when the first allegation came to the attention of the Probation Service, An Garda Síochána and relevant services were notified. The Probation Service later became aware of a second allegation against the same former staff member, who by that time was deceased. The complainant in this instance has submitted a case which is being managed by the State Claims Agency on behalf of my Department. The Deputy will appreciate I am not in a position to comment further as the matter is ongoing.
198. Deputy Brendan Smith asked the Minister for Justice the measures that will be implemented to improve security in an area (details supplied); and if he will make a statement on the matter. [20955/23]
View answerAs the Deputy will be aware, there is very close and ongoing co-operation between An Garda Síochána and the Police Service of Northern Ireland (PSNI) on all aspects of policing.
The Garda Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing co-operation, have repeatedly emphasised that the close and high quality co-operation between their services has been instrumental in combating criminality, preventing attacks and saving lives.
The close co-operation between police services, particularly around the border, has been a key element of policing for some time and the Commissioner and Chief Constable are in regular contact in this regard.
Policing in the border region has long necessitated a collaborative approach to policing between the services and this remains the case.
The current cross-border cooperation mechanisms are the result of extensive consultation and agreement between the police authorities and governments in both jurisdictions.
The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island. It covers the range of policing activities and contains a series of initiatives in which both police services are actively engaged. All of these are important elements in enabling the two services to work more effectively together in tackling crime and promoting community safety for all communities on this island.
Both An Garda Síochána and the PSNI are involved in the Joint Agency Task Force, established under the Fresh Start Agreement, which is comprised of both police services as well as other relevant agencies from both sides of the border. The Joint Agency Task Force has made strong progress in tackling cross-border criminal activity across a range of crime areas, not just the traditional smuggling activities, but also rural and farm crimes, organised burglary and drug crime.
I am satisfied that effective and collaborative policing in the border region continues to be a priority for the Garda Commissioner and that the long established and close working relationship with the PSNI remains central in enabling the two services to work more effectively together in tackling crime and promoting community safety for all communities on this island and especially those in the border counties.
199. Deputy Michael Healy-Rae asked the Minister for Justice if he will provide an update on an appeal filed by a person (details supplied); and if he will make a statement on the matter. [21012/23]
View answerAs the Deputy may be aware, for reasons relating to applicant confidentiality, it is not my Department's practice to comment on whether an application for international protection has been made in the State.
Access to the labour market is provided under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018). The process for making an application for labour market access is set out on my Department’s Immigration Service Delivery website and can be viewed at:
www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/labour-market-access-permission/
Reasons for refusal of a labour market access permission may fall into five categories, namely:
• 5 months has not elapsed since the individual’s application for international protection was made;
• a final decision has been made on their international protection application;
• the individual’s actions or inaction has contributed to a delay in the making of their first instance decision on their protection application;
• a first instance decision has been made within 6 months; or
• the individual does not have an open application for international protection.
If an application for a Labour Market Access permission is refused the reasons for the refusal would be given in the letter that was issued to the applicant.
If an applicant is not satisfied with a refusal of their application they may request a review by emailing Lmauqueries@justice.ie within 10 days. The applicant should state “FAO Review Officer” in the subject line and provide an outline of why they are not satisfied with the refusal. An applicant may also post their request for a review to:
Review Officer, Labour Market Access Unit, PO Box 12931, Freepost.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
200. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine the financial support schemes and incentives that are in place to support sheep farmers in the Irish sheep sector; if consideration will be given to the provision of additional financial supports; and if he will make a statement on the matter. [20838/23]
View answerThe Government is fully committed to a viable, resilient and sustainable sheep sector. It is an integral element of a balanced regional economy, particularly along the western seaboard, and I recognise that our sheep farmers are producing a world-class, safe and sustainable product.
Although there has been a solid and sustained increase in average sheep prices since the end of February, sheep farmers are experiencing more difficult market conditions in 2023 compared to recent years. Market prices, however, are a commercial matter to be bargained between suppliers and buyers and Government has no role in determining commodity prices in the sheep sector.
To bolster the sustainability of sheep farming, my Department provides significant support to the sector under the new CAP Strategic Plan (CSP), both through a new targeted scheme for sheep farmers - the Sheep Improvement Scheme, which aims to improve sheep health and welfare - and through the broad range of schemes in the CSP.
My Department has received over 19,000 applications for the new Sheep Improvement Scheme, which has a 20% increase in the payment rate per ewe - from €10 to €12 - compared to the previous Sheep Welfare Scheme.
The CSP provides almost €10 billion in supports over the period to 2027 for farm families. Sheep farmers are eligible for several other CSP schemes, including the ACRES and Organics schemes, which are particularly suited to sheep enterprises or mixed beef and sheep enterprises, and which are likely to provide higher direct payments to sheep farmers this year.
I have secured places for all 46,000 farmers in ACRES which will benefit many sheep farmers.
Furthermore, support for early-stage producer organisations, which will be introduced later this year, will strengthen the position of sheep farmers in the supply chain.
Additionally, over the last year I have supported livestock farmers in dealing with increased costs by introducing:
- a €56 million fodder incentive scheme;
- an innovative €8 million national liming programme; and
- a €2.5m package for multispecies sward and red clover silage measures to reduce reliance on chemical fertilisers.
While market returns have reduced for sheep farmers, mainly because of increased input costs, Teagasc forecasts suggest that family farm income for specialised sheep farms in 2023 will be €19,500, a reduction of 2% on 2022. This reflects the important role which direct payments play in supporting sheep farm incomes.
With regard to the current challenges facing sheep farmers, I have requested my officials to closely monitor market developments over the coming months and the Government will continue to make every effort to support the sector.
201. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the number of forestry planting licences granted from the 1 January 2023 to date; when Ireland formally submitted its completed application for state-aid approval to the EU Commission for its national forestry programme; and if he will make a statement on the matter. [20860/23]
View answerThe Deputy may be aware that the Government has committed €1.3 billion to the new Forestry Programme, which is the biggest and largest funded Forestry Programme ever introduced by any Government here, and it has been designed to have an emphasis on close to nature forestry and to ensure that farmers will be its primary beneficiaries.
The Forestry Programme 2023 - 2027 is subject to State Aid approval from the EU Commission and is also subject to an ongoing Strategic Environmental Assessment/Appropriate Assessment (SEA/AA) process, which is a critical step in the process of securing State Aid approval.
My Department has been engaging intensively with the Commission over the last few months. This was a necessary process and I am pleased to confirm that the formal State Aid notification for the new Forestry Programme was submitted on 20th April. We now await the formal approval of the Commission to the Programme.
Once Commission approval has been received, we will be in a position to launch the new Programme, subject to finalisation of the Strategic Environmental Assessment.
Not all schemes under the Programme require state aid approval under the Guidelines and last week, under the Agricultural Block Exemption Regulation, my Department opened two schemes for applications, the Forest Roads Scheme and the Innovative Forest Technology Scheme – Module 2 Investment Aid for the Development of the Forest Tree Nursery Sector.
It is important to note however, that no new approvals can issue under these or any other schemes until the appropriate environmental processes have been concluded.
All applications currently in the system will continue to be progressed up to the point of approval.
While the Department cannot issue licences for grant-aided afforestation, roads or forestry support schemes until the new Programme is in place, felling licences have continued to issue. To date in 2023, 1,022 felling licences have issued for 12,051 hectares.
In recognition of the need for planting activity to continue, and pending the launch of the new Programme, my Department engaged with the Commission last December to secure an interim solution which has led to the introduction of an Interim Afforestation Scheme (Via General De Minimis), an Interim Forest Road Scheme (via General De Minimis) and an interim Ash Dieback Reconstitution and Underplanting Scheme.
This ensured that those with valid licence approvals issued before the end of 2022, could avail of the current planting season under the higher grant and premium rates proposed to be paid under the new Programme.
To date in 2023, a total of 264 applications have been approved under the interim Afforestation scheme (via general de minimis) representing 1,604 hectares.
The launch of the Forestry Programme 2023-2027 is a matter of the utmost priority for me, Minister of State Pippa Hackett who has overall responsibility for the sector and my Department, as a comprehensive and well-subscribed Forestry Programme has the potential to deliver lasting benefits for climate change, biodiversity, wood production, economic development and quality of life.
202. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine if he will set up a nationwide animal cruelty register to help authorities identify breaches of bans on keeping animals and prevent those with animal cruelty convictions from working in environments where they have access to animals. [20911/23]
View answerThe 2013 Animal Health and Welfare Act provides an effective framework to protect the welfare of animals in Ireland, including through prosecutions for breaches of the Act. Upon conviction, the courts may make an order banning an offender from keeping animals, among other penalties.
Court proceedings are carried out publicly and animal welfare proceedings are frequently reported in the local and national press. Given that this transparent system is already in place there are no plans to set up a nationwide animal cruelty register.
My Department operates a confidential helpline for reporting instances of animal cruelty, and any such reports, including of breaches of court orders relating to animal welfare, are followed up as appropriate by my officials.
203. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine the number of greyhounds injured in races and trials to-date in 2023; the nature and date of the injuries at the tracks at which they occurred; the number killed or euthanised by track vets; the number and causes of additional racing fatalities; and the results of any post-mortems carried out. [20912/23]
View answerRásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.
The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.
204. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine the greyhound track attendance figures for 2022 and to-date in 2023 for both GRI and private tracks, with a breakdown of the figures into paid and complimentary entry and entry by adults, children, greyhound owners and trainers, bookmakers, and so on. [20914/23]
View answerRásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.
The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.
205. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine the sectors that are involved in the maceration of chicks in Ireland; the number of companies killing chicks in this abhorrent way; the number of chicks killed every year; and if he will introduce a ban on chick maceration. [20915/23]
View answerAnimal welfare is a high priority for me, and my Department is fully engaged with the ongoing review of the European Union animal welfare legislation.Maceration of chicks (up to 72 hours of age) is a legally permitted killing method under Council Regulation No. 1099/2009 on the protection of animals at the time of killing. It must be carried out in such a way that it results in immediate death of the chicks.
In Ireland, the laying hen industry does not kill male chicks, as the female chicks are imported generally from the United Kingdom.
There is some limited killing of male chicks in other sectors, for example in commercial hatcheries in the broiler breeding industry. However, the numbers are very small as male broiler chicks are generally suitable for the production of meat.
My Department does not record the number of chicks killed using this method.
This is a topic will be looked at in the context of the ongoing review of the animal welfare legislation at EU level as part of the Farm to Fork Strategy. In July 2021, Ireland supported a German-French proposal that asked the European Commission to carry out an impact assessment on a potential EU-wide prohibition of this practice in the laying hen sector, with a view to better understanding the potential practicalities and implications for the poultry sector.
206. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine if he is aware that another Irish greyhound has ended up in China (details supplied); if he will investigate if the dog was exported directly or indirectly from Ireland; if action will be taken against those responsible for the export; and if he is aware of other Irish greyhounds exported to China for breeding and racing purposes and if he will urgently ban the export of greyhounds to China. [20916/23]
View answerRásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.
With regard to the export of greyhounds generally, rules covering the movement of all breeds of dogs, including greyhounds, between EU Member States are set at European level. Greyhounds being moved from Ireland require veterinary animal health certification. This certification also applies to other breeds of dog, as well as to other animals.
The Department does not collect information on the breed of dog being certified for movement from Ireland, and therefore figures of greyhound movements are not available. There has been no recorded movement of dogs from Ireland to the country named between the years of 2019 and 2023.
207. Deputy Colm Burke asked the Minister for Children, Equality, Disability, Integration and Youth if he will consider a financial package for childcare for persons who wish to return to work; and if he will make a statement on the matter. [20946/23]
View answerThe National Childcare Scheme (NCS) provides financial support to help parents to meet the cost of childcare and allow children to access Early Learning and School Age Childcare. The Scheme aims to improve outcomes for children, reduce poverty, facilitate labour activation, and tangibly reduce the cost of ELC and SAC for tens of thousands of families. NCS supports take the form of three separate subsidies:
• Firstly, a universal subsidy of €1.40 per hour is available to all children attending childcare aged between 24 weeks and 15 years.
• Secondly, an income assessed subsidy is also available, this subsidy is means tested and is calculated based on the applicants’ individual circumstances. The subsidy varies depending on the level of family income, parent work status, the child’s age and educational stage, and the number of children in a family.
• Finally, a Sponsorship arrangement available under the NCS makes special provision for vulnerable children. The NCS Sponsorship arrangement allows designated bodies to refer children to the Scheme on child welfare, protection, family support or other specified grounds. The Scheme pays the full cost of the childcare for families referred to the Scheme.
The income assessed subsidy of the NCS supports labour market and education participation of parents by providing an enhanced hours subsidy of 45 hours per week for parents who are engaged in work, study or training. Parents not engaged in work, study or training are entitled to a standard hour subsidy at a maximum of 20 hours per week. Parents can qualify for the enhanced hours subsidy of 45 hours per week for a period of up to 4 weeks in advance of starting or ending a period of work or study. Applicants may combine both transition periods to bridge between exiting and entering periods of work and study for up to 8 weeks of enhanced hours.
The definition of work or study is broad, covering all forms of work or study arrangements: full-time, part-time and week-on/week-off. Moreover, the minimum hours required to engage in work or study to qualify for up to 45 hours per week is very low – at just two hours per week. In this way, the NCS encourages parents to return to the labour force or education and deliver better outcomes for their children.
In addition to the above, the NCS has been substantially expanded in recent months to further reduce the cost of childcare for families. Of most significance:
• Since May 2022, the practice of deducting hours spent in preschool or school from the entitlement to the NCS subsidised hours has been discontinued;
• The upper age eligibility for the NCS Universal Award has been extended from 3 years of age to 15 years of age;
• From 2 January 2023, the minimum rate for NCS subsidies increased from €0.50 to €1.40.
