Brendan Griffin
Question:111. Deputy Brendan Griffin asked the Minister for Social Protection for clarification on a matter (details supplied); and if she will make a statement on the matter. [28628/23]
View answerSocial Welfare Benefits
Questions (111)
Written answers
Carer's Allowance is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that, as a result, they require that level of care.
It is generally only possible to claim one personal social assistance or social insurance payment at a time in Ireland. However, in some circumstances, you can keep your primary payment and get half of another social welfare payment.
Since 2007, in recognition of the duties that carers perform in looking after a person full-time, the legislation was amended and it became possible for a carer to be in receipt of a social welfare payment and also be in receipt of Carer's Allowance, albeit at half rate.
The person concerned is in receipt of a Contributory State Pension and can qualify for Carer's Allowance at half-rate and retain her SPC payment where all the conditions for Carer's Allowance are satisfied.
At present, there is no provision in legislation for full rate Carer's Allowance to be paid along with another social welfare payment.
I hope this clarifies the position for the Deputy.
General Register Office
Questions (112)
Emer Higgins
Question:112. Deputy Emer Higgins asked the Minister for Social Protection the reason that the General Register Office at Werburgh Street, Dublin 8, is only open to the public for one day a week; if she is aware of plans to extend the opening hours to assist the public; and if she will make a statement on the matter. [28664/23]
View answerWritten answers
The General Register Office (GRO) is the central repository for records relating to births, stillbirths, adoptions, marriages, civil partnerships and deaths in Ireland.
It operates a research facility at Werburgh Street, Dublin 2, where both professional researchers and members of the public, involved in family research, may search the indexes to the registers held by GRO and purchase photocopies of entries in the registers.
The research room holds bound volumes of indexes to the registers of births (since 1865), adoptions (since 1953), deaths (since 1865) and marriages (since 1844). Each volume represents a specific period of registrations and a customer, upon payment of the required fee, can look through the relevant volume(s) in order to find the index to the civil registration entry they require. The number of paper based index records is estimated at around 30 million.
During the Covid-19 pandemic the research room was closed to the public and an alternative method of allowing access to the indexes had to be provided. A new system via a dedicated email service was created. This service allowed staff of the research room to utilize an electronic version of the registration records ,which is not available to the public, to provide a quicker and more efficient service at no additional cost to the customer.
The new email service allows greater speed and accuracy when dealing with searches, and has proven to be extremely popular. The service is managed 5 days a week, it accesses all of the civil registration records up to present day and customer searches are frequently provided on a same day service.
Historical records of births from 1864 to 1922; marriages from 1845 to 1947; and deaths from 1871 to 1972 can also be viewed online at www.irishgenealogy.ie.
Currently, the research facility is open one day per week. Any increase in the current opening hours of the research facility at Werburgh St would impact on the capacity of the GRO to respond quickly to email requests and would lead to a reduction in customer service.
I trust this clarifies the issue for the Deputy.
Social Welfare Schemes
Questions (113)
Martin Kenny
Question:113. Deputy Martin Kenny asked the Minister for Social Protection the estimated cost of extending the free travel scheme from five to ten years after returning to work for those previously in receipt of payments (details supplied). [28673/23]
View answerWritten answers
The Free Travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. There are over one million customers with direct eligibility. The estimated expenditure on free travel in 2023 is €95 million.
As part of the “Make Work Pay” initiative, persons who move directly from certain long term Social Protection schemes to employment are entitled to retain their Free Travel entitlement for a further period of 5 years, where they previously had the entitlement to Free Travel on the scheme.
Providing an accurate projection of the cost extending this measure to 10 years is very difficult as the cost is determined by the usage of the extra passes provided and not by the number of newly qualified people. Therefore, my Department is not able to provide an accurate estimate cost of the measure outlined by the Deputy.
Any decision to extend the Free Travel scheme “Make Work Pay” initiative to 10 years would require additional funding for the free travel scheme and would have to be considered in the context of overall budgetary negotiations.
Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers and include help towards recurring travel costs that cannot be met from the person's own resources and are deemed to be necessary.
I hope this clarifies the matter for the Deputy.
Social Welfare Benefits
Questions (114)
John McGuinness
Question:114. Deputy John McGuinness asked the Minister for Social Protection if an application by a person (details supplied) for carer’s benefit, now under review, will be expedited and approved; and if the information provided of the care being given will be considered. [28736/23]
View answerWritten answers
Carer's Benefit (CARB) is a payment made to insured people who leave the workforce or reduce their working hours to care for a child or an adult in need of full-time care and attention.
To qualify, the carer must satisfy PRSI conditions; employment conditions; show that they are providing full-time care and attention; and must show that the care recipient requires full-time care and attention.
An application for CARB was received from the person concerned on 5 April 2023.
CARB was disallowed on 18 May 2023 as the evidence provided stated that, although the person concerned was providing a certain level of care to the care recipient, the time involved was not considered to be full time as per Carer's Benefit legislation.
A review was requested on 22 May 2023. The Deciding Officer assigned to the case wrote to the person concerned on 26 May 2023 issuing a form to be completed confirming the days / hours care being provided to the care recipient and the days / hours the carer works each week. A payslip was also requested showing earnings for reduced hours. The Deciding Officer is still waiting on this information.
Once the information is received, the application will be reviewed without delay and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
Social Welfare Rates
Questions (115)
Donnchadh Ó Laoghaire
Question:115. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the estimated full-year cost to the Exchequer of additional increases of €10, €12, €15, €20 and €25 per week to payments of disability allowance, domiciliary care allowance and carer's allowance; and if she will make a statement on the matter. [28772/23]
View answerWritten answers
In providing this response it should be noted that Domiciliary Care Allowance is paid on a monthly basis.
The estimated full year cost of increasing Disability Allowance, Domiciliary Care Allowance (DCA) and Carer's Allowance by €10, €12, €15, €20 and €25 is as follows:
|
Increase |
Disability Allowance (Weekly payment) |
Carer's Allowance (Weekly payment) |
DCA (Monthly payment) |
|
€10 |
€87.4m |
€37.2m |
€6.9m |
|
€12 |
€105.0m |
€44.6m |
€8.3m |
|
€15 |
€131.2m |
€55.8m |
€10.3m |
|
€20 |
€174.9m |
€74.4m |
€13.8m |
|
€25 |
€218.7m |
€93.0m |
€17.2m |
The costs shown above are on a full year basis and are based on the estimated number of recipients in 2023. It should be noted that these costings are subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients for 2024.
It should also be noted that these costings include proportionate increases for qualified adults and for those on reduced rates of payment, where relevant.
Departmental Contracts
Questions (116)
Catherine Murphy
Question:116. Deputy Catherine Murphy asked the Minister for Social Protection the total cost of the data protection impact assessment conducted by a company (details supplied) in respect of the Public Services Card, PSC; if the assessment was forwarded to the office of the Data Protection Commissioner and or provided to it by way of request; and if not, the rationale for not sharing the findings with the DPC. [28860/23]
View answerWritten answers
The media article referenced by the Deputy, concerning a Data Protection Impact Assessment (DPIA) carried out in respect of an upgrade to software used by my Department, misrepresents the contents of that DPIA, and I am happy to have this opportunity to set out the facts in this matter.
The DPIA makes no adverse finding relating to the legal basis for the processing of personal data.
The purpose of a DPIA, as its name suggests, is specifically to identify issues and risks arising out of the processing of personal data as a means of informing approaches to eliminate or mitigate these issues and risks. The primary aim of conducting a DPIA is to identify and minimise the data protection risks involved in a project.
A DPIA typically includes a description of the envisaged processing operations and the purposes of the processing, an assessment of the potential risks to the rights and freedoms of data subjects, as well as the measures envisaged to address any risks identified and demonstrate compliance with the General Data Protection Regulation (GDPR).
Accordingly, it is to be expected that a DPIA will identify risks and in fact if it did not do so it is unlikely to have served its purpose. The fact that risks are identified and articulated is not equivalent to saying that they have not been dealt with but is in fact an essential element of ensuring that a data processing operation complies with the requirements of the GDPR.
The DPIA in question notes that an information leaflet provided to people at their SAFE registration appointment does not note a legal basis for biometric processing. This is not at all equivalent to finding no legal basis for such processing or a finding that there is no legal basis.
Nor is it in any way equivalent to finding that the Department was unable to legally justify the data processing.
The information leaflet concerned was designed to follow the transparency guidelines set out by the European Data Protection Board, which is comprised of the representatives of the EU national data protection authorities, including Ireland's Data Protection Commission (DPC), and the European Data Protection Supervisor.
My Department is satisfied, not only that the leaflet is GDPR compliant, but also that it has a legal basis for the processing of personal data in relation to the SAFE registration process, including the processing of the biometric data generated by the Department from the photograph taken during SAFE registration. The legal basis is also referenced in the DPIA.
The cost of the DPIA referred to by the Deputy was €12,220 excluding VAT.
The DPIA was not forwarded to the DPC because, under the General Data Protection Regulation and the Data Protection Act 2018, a data controller is only required to submit a DPIA to the supervisory authority where it appears to a controller, having conducted a data protection impact assessment, that the processing concerned would, despite the implementation of safeguards, security measures or mechanisms set out in the DPIA, result in a high risk to the rights and freedoms of individuals.
No such risk or risks were identified in the DPIA. While the DPIA identified a number of risks, it also proposed actions to address these risks and noted that the risks had been mitigated as a result.
I can confirm that the DPC is undertaking an own volition inquiry into the processing of personal data in the context of the facial template matching software used by the Department in connection with the SAFE registration process. In its Notice of Commencement of the inquiry, the DPC requested a copy of the DPIA.
The Department is cooperating fully with that inquiry and has, as part of its response to questions from the DPC, sent the DPC a copy of the DPIA. A draft report is awaited. The finalisation of the report is a matter for the DPC.
I trust this clarifies the matter for the Deputy.
Visa Applications
Questions (117)
Sorca Clarke
Question:117. Deputy Sorca Clarke asked the Minister for Justice if her attention has been drawn to the difficulties being experienced by those utilising the atypical visa process, including delays in processing which is causing particular difficulties for those working in the nursing home sector; the steps she will take to address the obstacles within the atypical visa department; and if she will make a statement on the matter. [28618/23]
View answerWritten answers
Ireland’s Atypical Working Scheme (AWS) is designed to accommodate the arrival of non-EEA nationals to fill short term labour gaps for the benefit of our economy. In recognition of the importance of front-line medical personnel, the AWS Unit prioritises these applications.
There has been an unprecedented demand for Atypical Working Scheme permissions in the first three months of this year with a significant increase in the numbers for healthcare workers. Additional resources have been added to manage the scheme recently.
My Department is working to reduce processing times through the modernisation of our systems and the introduction of efficiencies, as well as additional streamlining measures which should also reduce processing times for AWS applications.
The AWS unit continues to liaise with all relevant stakeholders in this area and further information on the Atypical Working Scheme, including the criteria for documents, is available here: www.irishimmigration.ie/coming-to-work-in-ireland/what-are-my-work-visa-options/applying-for-a-long-stay-employment-visa/atypical-working-scheme/
Medicinal Products
Questions (118)
Emer Higgins
Question:118. Deputy Emer Higgins asked the Minister for Justice if she will provide a definition of cannabinoid products as they relate to Parliamentary Question No. 500 of 30 May 2023. [28660/23]
View answerWritten answers
As the Deputy will appreciate, the definition of a cannabinoid, or any controlled drug, is a matter for the Department of Health, as covered under the Misuse of Drugs Act 1977.
Further information on the classification of different substances under the Misuse of Drugs Act, including cannabinoids, can be found on Drugs.ie, the information site managed by the HSE, at www.drugs.ie/drugtypes/.
Prison Service
Questions (119, 122)
Éamon Ó Cuív
Question:119. Deputy Éamon Ó Cuív asked the Minister for Justice the number of prisoners in the prison system that are there on remand; the percentage this represents of the whole prison population; the steps taken through the provision of resources to reduce this number; and if she will make a statement on the matter. [28798/23]
View answerÉamon Ó Cuív
Question:122. Deputy Éamon Ó Cuív asked the Minister for Justice the number of persons on remand for more than two years; the extra resources being provided to the various services to ensure long remands are not a feature of the justice system; and if she will make a statement on the matter. [28801/23]
View answerWritten answers
I propose to take Questions Nos. 119 and 122 together.
Prison Governors are, by law, required to admit into custody all prisoners committed by the Courts and as such, the Irish Prison Service has no control over the numbers committed to custody in any given year.
The Irish Prison Service have informed my Department that as of 13 June 2023 there were 869 people on remand which represents 19% of the overall prison population. The total number of prisoners currently on remand for more than 2 years is 15.
As the Deputy will be aware, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform.
In respect of delivering on this commitment, the Review of Policy Options for Prison and Penal Reform 2022-2024 was published in August 2022. This review is an important development as we seek to reduce crime, prevent offending and make everyone safer. It seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community-based sanctions are more appropriate in diverting offenders away from future criminal activity and that they have a role to play in addressing criminality, reducing reoffending and providing protection to the public, while holding the individual accountable.
In this regard, the Deputy will also be aware that my Department has commenced a policy review of the Criminal Justice (Community Sanctions) Bill 2014. As part of this policy review, due consideration is being given to facilitating the effective and efficient use of community sanctions by the courts, and to ensuring the courts have a range of appropriate options for dealing with people who have committed minor offences. This will reduce the reliance on prison as a sanction for minor offences. Consideration of this matter is ongoing.
In addition to this my department is also committed to increasing efficiencies, including by driving the modernisation and Digital First agenda across the entire Justice Sector. This is reflected in the additional funding of €2.5 million provided in Budget 2023 for the Courts modernisation programme, building on significant investment in recent years.
A key element of delivering this is the commitment to maximise the use of digital technologies and significant progress has already been made in introducing digital technologies that improve access to justice and provide a better and user-centred service.
Towards the end of 2020, the Courts Service committed an investment in excess of €2.2 million to expand the number of courtrooms that are technology enabled. The project brought the number of up-to-date technology courtrooms from 55 in 2020 to 120 at the end of 2022. Investment is committed to continuing the expansion of technology enabled courts over 2023 and 2024.
These courtrooms support remote and hybrid hearings and allow parties, witnesses, prisoners or An Garda Síochána, dial in remotely to a physical courtroom and support digital evidence display.
The Deputy will be interested to know that this work compliments a range of other important strategic developments aimed at improving access to justice, including the first National Family Justice Strategy, the Civil Justice Efficiencies and Reform Implementation Plan and the work of the Judicial Planning Working Group (JPWG).
The final report of the Judicial Planning Working Group was noted by Government on 21 February, and highlights the importance of developing a structured system for planning and deploying judicial resources, which recognises organisational interdependencies and a whole of system approach. The recommendations relate to five key areas:
Additional Judicial resources
Measures to promote the effective use and management of Judicial Resources
Enhanced data collection and management
Measures to improve services to Court users
Judicial Skills and training
The recruitment of an additional 24 judges was approved by Government on 21 February, based on the recommendations, for appointment in 2023 with a further recommendation of 20 more judges, following the implementation of reforms and efficiencies.
Officials in the Department of Justice have established an implementation group to oversee the delivery of the recommendations outlined by the JPWG.
Prison Service
Questions (120)
Éamon Ó Cuív
Question:120. Deputy Éamon Ó Cuív asked the Minister for Justice the number of prisoners released on parole in each year since 2013; the average sentence served of these prisoners, including the number released to date this year and the average years served by them; and if she will make a statement on the matter. [28799/23]
View answerWritten answers
I wish to advise the Deputy that the Parole Board, as provided for under the Parole Act 2019, was established on 31 July 2021. The Act placed the parole process on a statutory footing and established an independent, statutory Parole Board to decide on parole applications.
The new Parole Board makes its decisions to grant or refuse parole independently from the Minister for Justice and replaces the Interim Parole Board which had been in place since 2001.
Recommendations from the Interim Parole Board were considered by the Minister for Justice who made the final decision whether to approve or refuse Reviewable Temporary Release as set out in the Criminal Justice Act 1960, as amended.
In accordance with Section 28(6)(b) of the 2019 Parole Act, I have been informed by the Parole Board of 9 Parole Orders. Not all prisoners have an imminent release date and as such only 3 of those notified by the Parole Board have been released to date.
I am advised by my officials in the Irish Prison Service that the number of life sentence prisoners released to the community since 2013 to the supervision of the Probation Service are set out in the table below.
|
Year |
Total Life Sentence Prisoners released on Reviewable Temporary Release on foot of recommendations of the Interim Parole Board |
Total Number of prisoners who were released by the Statutory Parole Board in accordance with the Parole Act 2019 |
Average time spent in custody before release in years |
|
2013 |
4 |
0 |
17.5 |
|
2014 |
4 |
0 |
20.0 |
|
2015 |
6 |
0 |
17.5 |
|
2016 |
7 |
0 |
22.0 |
|
2017 |
10 |
0 |
18.0 |
|
2018 |
11 |
0 |
18.0 |
|
2019 |
11 |
0 |
20.0 |
|
2020 |
14 |
0 |
21.5 |
|
2021 |
13 |
0 |
20.0 |
|
2022 |
2* |
2 |
22.5 |
|
2023 |
1 |
19.0 |
* Cases relate to existing recommendations from the Interim Parole Board.