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Wednesday, 21 Jun 2023

Written Answers Nos. 133-150

Employment Support Services

Questions (133, 140)

Ged Nash

Question:

133. Deputy Ged Nash asked the Minister for Social Protection if consideration is being given alongside the Departments of Finance and Enterprise, Trade and Employment, respectively, to the introduction of a short-term employment support model similar to the German Kurzarbeit scheme, especially in view of the threat of 650 layoffs at a company (details supplied); and if she will make a statement on the matter. [30064/23]

View answer

Ged Nash

Question:

140. Deputy Ged Nash asked the Minister for Social Protection if consideration is being given to the reform of supports for workers who are placed on temporary layoff as reported previously, especially in light of the threat of 650 layoffs at a company (details supplied); if she will give consideration to the introduction of a model similar to the German Kurzarbeit scheme; and if she will make a statement on the matter. [30063/23]

View answer

Written answers

I propose to take Questions Nos. 133 and 140 together.

Pathways to Work 2021-2025, the national employment services strategy, commits that “Building on the EWSS/TWSS and drawing on existing international models, explore the possibility of introducing a new Short-Time Work Support scheme to enable employers retain people on their payroll in response to short-duration shocks to employment.” The strategy further states that this includes considering "a range of international short-time work support schemes such as the German ‘Kurzarbeit’ and the French ‘Chômage partiel / activité partielle’.”

Short-Time Work Support is currently available under the Jobseeker’s Benefit scheme to assist employees in cases where their working days are reduced by their employer on a temporary and systematic basis.

Further to commitments made in the Programme for Government, the Economic Recovery Plan and Pathways to Work, I published a Strawman document for public consultation in December 2022 which sets out the broad parameters of a possible approach to a new pay-related jobseeker's benefit scheme. This Strawman document also requested feedback on the possible introduction of a new Short-Time Work Scheme, which could be paid via employers and on a pay-related basis rather than the flat-rate structure at present. All feedback received will be considered in the context of the development of any new scheme proposals that may be submitted to Government.

In addition, Pathways to Work commits to carrying out a formal Mid-Term strategy review this year with the support of the Labour Market Advisory Council. This process, which includes public consultation, will allow the Government to focus on medium to longer term priorities in the labour market. The Mid-Term Review will be published by year end.

Social Welfare Benefits

Questions (134)

Bernard Durkan

Question:

134. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 226 of 11 May 2023, the progress to date in the determination of an application for jobseeker’s allowance in the case of a person (details supplied); if all information required for a decision has been supplied; and if she will make a statement on the matter. [29878/23]

View answer

Written answers

A Jobseeker's Allowance application was registered on the 4th of May as the Person Concerned had exhausted their entitlement to Jobseekers Benefit. As Jobseekers Allowance is a means tested payment the application was referred to the Social Welfare Inspector on 9/5/23 to investigate possible self-employment.

The Social Welfare Inspector interviewed The Person Concerned on the 22nd of May by phone, and further information pertaining to the self-employment was requested by email:

The Person Concerned was advised that they would need to have the requested documentation submitted by the 2nd of June and if they required an extension of time, to contact the Social Welfare Inspector. The Person Concerned was also advised in this email that if they did not make contact prior to the 2nd of June his claim would close.

Documents were not received by the 6/6/23. Claim was disallowed for the reason Means Not Disclosed and communication was issued to The Person Concerned on the 15th June 2023 outlining same.

The Person Concerned was advised that they have the right to request a review of the decision and/or appeal this decision directly to the Chief Appeals Officer.

Community Employment Schemes

Questions (135)

Robert Troy

Question:

135. Deputy Robert Troy asked the Minister for Social Protection if she will extend a community employment scheme placement for a person (details supplied). [29911/23]

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Written answers

Community Employment (CE) is a labour market activation programme which provides eligible people with an opportunity to engage in work and training opportunities within their communities.  The programme aims to improve participants' opportunities to return to work in the open labour market.  A person’s time in CE is temporary so that opportunities for work experience on these schemes continue to be available for people who are eligible to participate, which includes people who are long-term unemployed and those furthest removed from the labour market.

The current period of participation in CE by the person concerned commenced on 14th May 2018 and his standard eligible time in CE was due to end on 7th May 2021. A number of extensions of time for his continued participation were granted in the intervening period.  However, as the CE sponsoring organisation of the scheme on which he is participating recruited a replacement person to fill his role in March this year, he is now scheduled to exit CE on 23rd June 2023.  Should he not be successful in securing employment in the open labour market following his exit from CE, he can contact his local Intreo Employment Services for assistance and advice on the full range of supports which are available to people who are job seeking.

I am fully committed to CE and will continue to support and improve the programme for the benefit of the participants and the valuable contribution being made to local communities through the provision of services.

I trust this clarifies the matter for the Deputy.

Civil Marriages

Questions (136)

Denise Mitchell

Question:

136. Deputy Denise Mitchell asked the Minister for Social Protection for an update on the case of a person (details supplied). [29949/23]

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Written answers

I understand that the Deputy's question relates to individual who wishes to change from a religious solemniser of marriage to a civil solemniser.

The requirements for the solemnisation of marriage and registration of solemnisers is provided for in Part 6 of the Civil Registration Act, 2004, as amended.

The register of solemnisers is maintained by the General Register Office, who advise that no correspondence has been received from the person in question.  If the person concerned makes contact with the General Register Office, staff will engage with them on the matter.

However, I should point out to the Deputy that civil marriage ceremonies are solemnised by employees of the Health Services Executive (HSE).  Applications to become a registered solemniser for civil ceremonies are made by the HSE on behalf of an employee and are approved by an tArd-Chláraitheoir.  No provision is made for applications to be made other than by the HSE for the purposes of solemnising civil ceremonies.

I trust this clarifies matters for the Deputy.

Employment Support Services

Questions (137)

Paul Murphy

Question:

137. Deputy Paul Murphy asked the Minister for Social Protection if, in relation to the personal progression plan, PPP, offered by Seetec, she can confirm whether signing the PPP is a compulsory requirement, or whether it is possible for a jobseeker to engage with Seetec's service without committing to this plan; and if there are any penalties, such as a reduction in payment, for declining to sign the PPP while still being open to engage with NES Seetec services. [30003/23]

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Written answers

My Department provides a range of employment services to support jobseekers in preparing for, securing and sustaining employment.  These services are provided directly by my Department’s own staff or through the Intreo Partner and other services provided on behalf of my Department.

The Personal Progression Plan (PPP) is a crucial element of each Jobseeker’s engagement with any of my Department’s employment services.  The PPP  sets out the steps to be taken in order to assist the jobseeker in finding employment, and it is reviewed throughout their engagement period as they develop employment-related skills and competencies or job-related experience from short periods of employment.

Jobseekers have a right to claim an income support from my Department, and a corresponding mandatory requirement to engage with the employment services offered by my Department.  While it is desirable that the jobseeker sign the PPP as part of this engagement, a person’s signature is not required in order to proceed with the service.

Where a jobseeker is not engaging with the Department's employment services, reduced rates may be applied to their payment.  The application of reduced rates is entirely a matter for my Department and officials involved take all relevant factors into account.  Should any reduced rates be applied, the client has the right to appeal this decision.

I trust this clarifies matters for the Deputy.

Social Welfare Appeals

Questions (138)

Aengus Ó Snodaigh

Question:

138. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the actions she has taken to date following her receipt of an extensive report from a person (details supplied), sent on 22 February 2023, detailing allegations of offences committed under the Social Welfare Consolidation Act 2005 in and by the Social Welfare Appeals Office; and if she will make a statement on the matter. [30048/23]

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Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements and insurability of employment.  Appeals Officers are independent in their decision making functions.

The Deputy's question relates to an appeal decision made on 20 January 2023.  The Appeals Officer allowed an insurability of employment appeal by a company finding that, on balance, the worker was employed under a contract for services.

As set out in the Appeals Officer's decision the individual decided to withdraw from the appeal process on the basis that he had not been provided with details of “test cases” that he felt were relevant to the case.

In relation to the material provided by the individual on ‘test cases’ the matter of the use of such cases in determining employment status has been raised on multiple occasions at various Dáil Committees and elsewhere and my Department’s response remains unchanged.  The Department has advised that it does not rely on test cases to determine the employment status of all workers in a sector in the manner suggested.

Social Welfare Payments

Questions (139)

Brendan Griffin

Question:

139. Deputy Brendan Griffin asked the Minister for Social Protection if the April cost-of-living payment will be paid to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [30059/23]

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Written answers

The spouse of the person concerned is in receipt of a State Pension (contributory) payment from my Department which includes an Increase for a Qualified Adult for the person concerned.

The Spring Cost of Living Bonus was one of the range of measures put in place.  It was one lump sum payment of €200 for each eligible person in receipt of a primary payment in their own right.  Each eligible primary recipient of a social welfare payment received €200, regardless of the number of dependents (qualified adult or children), if any, or other social welfare payments.

The €200 lump sum payment was paid week commencing 24/4/2023 to over 1.2 million people in receipt of long-term social welfare payments at a cost of approximately €250 million.

I hope this clarifies the position for the Deputy.

Question No. 140 answered with Question No. 133.

Civil Marriages

Questions (141)

Seán Haughey

Question:

141. Deputy Seán Haughey asked the Minister for Social Protection the procedures in place to facilitate a registered solemniser for religious ceremonies to also solemnise civil marriages; and if she will make a statement on the matter. [30123/23]

View answer

Written answers

The requirements for solemnisation of marriage and registration of solemnisers are set out in Part 6 of the Civil Registration Act 2004, as amended.

Civil marriage ceremonies are solemnised by employees of the Health Services Executive (HSE).  Applications to become a registered solemniser for civil ceremonies are made by the HSE on behalf of an employee and are approved by an tArd-Chláraitheoir.  No provision is made for applications to be made other than by the HSE for the purposes of solemnising civil ceremonies.

Religious solemnisers are not authorised to solemnise marriages other than in accordance with a form of ceremony recognised by their religious body and approved by an tArd-Chláraitheoir.

I trust this clarifies matters for the Deputy.

Covid-19 Pandemic

Questions (142)

Róisín Shortall

Question:

142. Deputy Róisín Shortall asked the Minister for Social Protection further to Parliamentary Question No. 142 of 24 May 2023, if her Department has considered replies received from other Ministers and Departments in relation to the European Commission’s recommendation to recognise Covid-19 as an occupational illness; the status of her review; when she expects to make a decision; and if she will make a statement on the matter. [30188/23]

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Written answers

The Occupational Injuries Benefit scheme is provided by my Department under Chapter 13 of Part 2 of the Social Welfare Consolidation Act 2005.  The scheme provides a range of benefits in the form of compensation or income supports to those injured by an accident at work or travelling to and from work, or who contracted a prescribed disease at work.

COVID-19 is not a prescribed disease or illness under this scheme. Section 87 (2) of the Act states that a disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that—

(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and

(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.

I am considering my Department's response to the European Commission's recommendation, including the responses received from the Departments and Ministers with whom we have engaged.

I trust this clarifies the matter for the Deputy.

Data Protection

Questions (143)

Paul Murphy

Question:

143. Deputy Paul Murphy asked the Minister for Social Protection if a jobseeker is obligated to share personal data with a third-party private company, such as Seetec, contracted by the Government and acting as a Government agent; and if it is mandatory for a jobseeker to provide data and details such as past employment, names, addresses or any potential future data or details that may assist Seetec in securing additional payment, even if the jobseeker has independently secured employment themselves. [30192/23]

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Written answers

My Department provides a range of employment services to support jobseekers in preparing for, securing, and sustaining employment. These services are provided directly by my Department’s own staff or on behalf of my Department through Intreo Partners and other service providers.

All jobseekers on the live register must be capable of, available for, and actively seeking full time employment. They are also required to engage with the Department’s employment support services. The Social Welfare (Consolidated) Act 2005, as amended, specifies that participation is mandatory.

All jobseekers referred for the assistance of the employment support services, including those referred to Seetec, are asked to complete an assessment of their skills, qualifications, and work experience for the purpose of agreeing a personal progression plan. The personal progression plan typically contains a schedule of activities, actions and job-focused targets that take into account the person’s specific employment preferences.

Where a jobseeker secures employment and subsequently leaves the Live Register while engaged with an Intreo Partner such as Seetec, they may choose to continue to avail of employment support. However, they are not under any obligation to provide employment or employer details. They may also opt out of support calls if they wish to by informing the appropriate Intreo Partner.

I trust this clarifies matters for the Deputy.

Employment Support Services

Questions (144)

Paul Murphy

Question:

144. Deputy Paul Murphy asked the Minister for Social Protection if a jobseeker can continue participating in a part-time Springboard programme, while being referred to Seetec or JobPath. [30193/23]

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Written answers

The primary goal of the Department’s employment support services, is to move people from unemployment to full-time and sustained employment. All jobseekers are required to engage with the Department’s employment support services and this obligation applies irrespective of whether the service is provided by the Department’s own case officers or those advisors employed by contracted providers such as the Intreo Partners.

In relation to jobseekers pursuing part-time educational courses including Springboard, they must continue to satisfy the condition of being available for and genuinely seeking employment and must engage with the employment support services. All activities and scheduled meetings are arranged to allow the jobseeker meet their course commitments.

I trust this clarifies the matter for the Deputy.

An Garda Síochána

Questions (145)

Mairéad Farrell

Question:

145. Deputy Mairéad Farrell asked the Minister for Justice the means, if any, An Garda Síochána has to trace the origins of fraudulent text message-based scams; if the force has the power to request the names of customers who are engaging is such fraudulent practice from telecommunications providers; and if she will make a statement on the matter. [29875/23]

View answer

Written answers

I have contacted An Garda Síochána for the information requested by the Deputy. Regretfully, this information was not available in time. I will write to the Deputy once the information is to hand.

The following deferred reply was received under Standing Order 51.

Cyber-crimes can cause not only devastating financial problems but can also cause immense stress for the victims and their families. Every person in Ireland deserves to feel safe and to be safe when they conduct their personal business online or over the phone, and so the practice of trying to trick people out of their personal information or hard-earned money will not be tolerated.

Combatting and preventing fraud and related cybercrime falls under the remit of several Government Departments and agencies. There is close cooperation across the whole of Government on this issue, including between An Garda Síochána and the National Cyber Security Centre.

The Garda National Economic Crime Bureau (GNECB) - formerly known as the Garda Bureau of Fraud Investigation, was established in 1995. Both the GNECB and the Garda National Cyber Crime Bureau (GNCCB) continue to engage with telecommunications service providers regarding online scams and the identification of the persons involved in them.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including for Garda investigations. As Minister, I have no role in such matters.

The Government is however committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. This commitment is demonstrated by the unprecedented provision of over €2 billion to the Garda Vote this year, which is allowing for ongoing recruitment and investment in An Garda Síochána.

There has been a 21% increase in resourcing provided to GNECB since the end of 2020, up from 95 to a total of 115 at the end of March 2023. The GNECB is also providing training and support to all Garda Divisions in how to investigate fraud.

As you may be aware the Communications ‘Retention of Data’ Amendment Act 2022 commenced on the 26 June 2023. This allows the Garda authorities access subscriber details which will provide for the provision of ‘user data’ including the name and address of a subscriber as detailed under Schedule 2 of the Act.

I am advised that the Garda authorities can request this information from the Communications Service Provider on foot of an application from a designated Superintendent to assist with the investigation of an offence.

I am informed that data must be retained by the providers for a period of one year. However there is no requirement for the mandatory registration of the identity of a user of a mobile phone number in Ireland so in the case of prepaid numbers it is dependent on the customer registering the device.

I am also informed that An Garda Síochána are also aware that mobile numbers can be “spoofed” which could mean that the displayed number is not the actual calling number.

I urge anyone conducting sensitive or personal business online or over the phone to be very cautious when providing personal or banking information. Many of the financial institutions have excellent advice for customers on how to be safe online, as does the Citizens’ Information website.

I trust this information is of assistance.

Visa Applications

Questions (146)

Dara Calleary

Question:

146. Deputy Dara Calleary asked the Minister for Justice for an update on atypical visa applications processing times, which is affecting the nursing sector (details supplied). [29883/23]

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Written 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 frontline medical personnel, the AWS Unit prioritises these applications.

There has been an unprecedented demand for AWS permissions this year, with a significant increase in the number of applications 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/

Coroners Service

Questions (147)

Pa Daly

Question:

147. Deputy Pa Daly asked the Minister for Justice what her plans are for reform of the coroners system as a whole; and if she will make a statement on the matter. [29912/23]

View answer

Written answers

As the Deputy will be aware, the coroner is an independent quasi-judicial office holder whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued. This is an important public service to the living and in particular to the next-of-kin and friends of the deceased. Coroners not only provide closure for those bereaved, but also perform a wider public service by identifying matters of public health and safety concerns.

My Department is committed to bringing forward nationwide coroner review proposals to address identified issues and drive innovative change. It is intended that a public consultation exercise be conducted later this year and prior to the development of proposals for comprehensive reform.

State Pathology Service

Questions (148)

Catherine Murphy

Question:

148. Deputy Catherine Murphy asked the Minister for Justice the budget allocation for the Office of the State Pathologist in 2021, 2022 and 2023, in tabular form. [29927/23]

View answer

Written answers

The Office of the State Pathologist (OSP) provides the State with a national forensic pathology service and a forensic pathologist is on duty, twenty-four hours a day, each day of the year.

In response to the Deputy, the budget allocation for the OSP from 2021 to 2023 is set out below.

Budget allocation for OSP 2021 -2023

-

2021

2022

2023

Pay

€779,000

€888,000

€1,314,000

Non-Pay

€209,000

€239,000

€239,000

Total

€988,000

€1,127,000

€1,553,000

For further information, the 2021 Annual Report of the Office of the State Pathologist has been published on gov.ie - Office of the State Pathologist (www.gov.ie). It is expected that the 2022 report will be published there shortly, with the 2023 report to follow next year.

Bench Warrants

Questions (149)

Catherine Murphy

Question:

149. Deputy Catherine Murphy asked the Minister for Justice the number of penal warrants issued to gardaí within the Kildare division to date in 2023. [29928/23]

View answer

Written answers

I understand that the Deputy is seeking the number of warrants issued by the Courts under Schedule 6, Order 25, Paragraph 2 of Statutory Instrument 41 of 1998 - District Court (Criminal Justice) Rules 1998.

As the Deputy is aware, court proceedings are under the remit of the Courts Service. Management of the courts are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and the separation of powers in the Constitution. As Minister I have no role in these independent functions.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

To be of assistance I have referred the Deputy's question to the Courts Service for direct reply.

Prison Service

Questions (150)

Catherine Murphy

Question:

150. Deputy Catherine Murphy asked the Minister for Justice if a new recruitment campaign for psychologists for the Irish Prison Service will be launched in quarter 3 this year. [29929/23]

View answer

Written answers

The role of the Psychology Service in the Irish Prison Service is to deliver, develop and manage an integrated mental health and criminogenic needs assessment and treatment service for people in custody, in line with service plans and objectives and within established professional standards, guidelines and policy.

I am informed that the Irish Prison Service currently employ various psychologist grades, including Head of Psychological Services, Principal Psychologist Manager, Senior Psychologists (Grade I), Staff Grade Psychologists (Grade II), and Assistant Psychologists.

I wish to advise the Deputy that the Irish Prison Service have informed me that a new Psychologist recruitment campaign has been agreed for the end of June 2023.

To ensure service continuity, the Irish Prison Service actively engage a locum agency on an ongoing basis to fill vacant posts in the short to medium term which arise in between competitions for permanent posts.

In order to keep informed of upcoming opportunities, interested parties should register their details with the Public Appointments Service on www.publicjobs.ie and they should also regularly review the Irish Prison Service website on www.irishprisons.ie.

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