Written Answers Nos. 329-342
329. Deputy Bernard J. Durkan asked the Minister for Social Protection whether the traditional response whereby a recipient of a lower rate of pension in another EU member state, qualifies the applicant who now lives here for an Irish non-contributory pension to bring the applicant up to the overall level of Irish non-contributory pension rate; and if she will make a statement on the matter. [31966/23]
View answerState Pension (Non-Contributory) is a means-tested payment for people aged 66 and over, who have a legal right of residence and habitually reside in the State, and who do not qualify for State Pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.The eligibility conditions for State Pension (Non-Contributory) do not require the taking into account of the social insurance record of an applicant, based on any periods of employment they may have held in the state (or in any EU Member State or country with which Ireland has a Bilateral Social Security Agreement).
As the State Pension (Non-Contributory) is a means-tested payment, income received from any pensions, including those from outside the state, will form part of the assessment.
I hope this clarifies the matter for the Deputy.
330. Deputy Bernard J. Durkan asked the Minister for Social Protection the grounds upon which a person (details supplied) was found not to be habitually resident despite their reliance on their daughter for care; and if she will make a statement on the matter. [31967/23]
View answerState pension (non-contributory) is a means-tested payment for people aged 66 and over who have a legal right of residence and habitually reside in the state, and who do not qualify for a state pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.
An application for state pension non-contributory, submitted by the person concerned, was disallowed on the grounds of their failure to provide sufficient evidence of habitual residence since their first arrival in the state. To date, the only supporting documentation submitted has been a letter from the person’s daughter.
The person concerned was notified of the decision on 13 June 2023 and the reason(s) for the disallowance.
Following the Deputy's previous representation in this matter, on 22 June 2023, the Deciding Officer initiated a review of the person's state pension claim and has issued a letter to the person concerned, setting out the evidential requirements to assess their satisfaction of the habitual residency condition, in order to determine their eligibility for state pension non-contributory. On receipt of the requested documentation, a Deciding Officer will review the person's eligibility for state pension non-contributory and the person will be notified of the outcome in writing.
I trust this clarifies the matter for the Deputy.
331. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when urgent consideration might be applied in respect of an application for an appropriate disability payment in the case of a person (details supplied); and if she will make a statement on the matter. [31968/23]
View answerI can confirm that My Department received an application for Disability Allowance (DA) from the person concerned on 28 April 2022. The person concerned submitted a completed DA application form, a completed medical report by their doctor and additional supporting documentation on 28 April 2022.
Based on an initial review on the completeness of their application, the person concerned was requested to supply supporting documentation on 18 May 2022 and 6 July 2022 in order to make a determination on their DA eligibility. The Department received further information from the person concerned on 10 June 2022 and 26 July 2022.
Following another review of this application, the matter was referred to a Social Welfare Inspector (SWI) on 11 August 2022 for a report on the applicant's means and circumstances. The SWI requested information from the person concerned on 9 September 2022, which was only partially supplied. The person concerned failed to provide all the information sought to support their application for DA.
Based on the evidence supplied in support of this person’s application, it was not possible to establish their entitlement to DA and their application for DA was disallowed on failing to supply sufficient information to determine means.
The person concerned was notified in writing of this decision on 13 October 2022 and they were given the right to a review or an appeal. To date, no request for a review or an appeal has been received.
The person concerned can also make a new application for DA.
I trust this clarifies the matter for the Deputy.
332. Deputy Brendan Griffin asked the Minister for Social Protection further to Parliamentary Question Nos. 828 and 829 of 13 June 2023, what benefits, if any, accrued to Department employees who were former community welfare officers who paid a 5% levy on their incomes from October 2011 to December 2015; if no pension benefit has accrued in respect of these payments, if her Department will return these payments to the employees; and if she will make a statement on the matter. [31988/23]
View answerFormer Community Welfare Officers (CWOs) were transferred to the Department of Social Protection from the HSE on 1 October 2011 on the principle that their existing terms and conditions of employment would neither improve nor diminish by reason of the transfer and staff retained their pension rights and entitlements.
During the course of the negotiations of the Public Service Stability Agreement (2013-2016) the Public Service Executive Union (PSEU) raised grade assimilation issues relating to former CWOs. It was agreed that the parties would work towards resolving grade assimilation (with the comparative grade of HEO) in the Department of Social Protection within the lifetime of the collective agreement.
Arising from talks on the Lansdowne Road Public Service Agreement, it was agreed that any anomalies relating to former HSE staff at PSEU member grades would be resolved with effect from 1 January 2016 on the understanding that agreement had been reached between the parties on all outstanding issues related to the matter. These issues included that relating to former CWOs who were pre-1995 entrants to their positions and who paid a pension contribution of 5% which was not paid by other pre-1995 entrants in the Department of Social Protection.
An Agreement on the Assimilation of the Pay and Conditions of Former Community Welfare Officer staff between the Department of Public Expenditure & Reform, Department of Social Protection and the Public Service Executive Union (representing CWS) was made on the 30 September 2015 which provided for the abolition of the 5% pension contribution with effect from 1 January 2016, with no retrospection. The pension contribution issue was tied in with a number of other outstanding issues, including pay and annual leave which were also covered under the terms of the Agreement.
Legal proceedings seeking reimbursement of the pension contributions paid prior to the agreement reached on 1 January 2016 were taken in the Dublin District Court and WRC but were struck out and further claims were voluntarily withdrawn.
333. Deputy Brendan Griffin asked the Minister for Social Protection the total number of employees of her Department who were Class B PRSI contributors between October 2011 and December 2015; the total number of employees who were Class B PRSI contributors who paid a 5% levy on their incomes from October 2011 to December 2015; if she will provide details of the context of the payment of this levy; if any of the total number of overall employees who paid the levy were not former community welfare officers who transferred to her Department from the HSE in October 2011; and if she will make a statement on the matter. [31989/23]
View answer334. Deputy Brendan Griffin asked the Minister for Social Protection if she will identify which legislation underpins the payment of a 5% levy by Class B PRSI contributors who became employees of her Department following their transfer from the HSE in 2011; if she will point to the relevant sections and/or subsections in the relevant legislation providing for the making of this payment in part of October 2011, November 2011, December 2011 and the years 2012, 2013, 2014 and 2015; the benefits these specific employees derived from the payment of this levy; the length of time they paid it for; if she will review whether the collection of this levy after the early part of October 2011 was in fact not provided for in law; and if she will make a statement on the matter. [31990/23]
View answerI propose to take Questions Nos. 333 and 334 together.
The rate of PRSI and the pension contribution are mutually exclusive. More specifically, the 5% Pension contribution is separate and distinct from the class of PRSI paid. PRSI contributions go to the Social Insurance Fund and is separate to any occupational pension scheme contributions.
Community Welfare Service (CWS) staff worked for the Local Health Boards and were part of the Local Government Superannuation Scheme (LGSS) which required a pension contribution amounting to 5% of salary. Section 23 1 (a) of S.I. 455/1998 sets out the contribution legislation in the LGSS.
When Local Health Boards were abolished and the HSE established, CWS staff transferred to the HSE and with it, to the Health Service Executive Employee Superannuation Scheme on terms no less favourable, and the pension contribution remained as 5% of salary. Section 14.2 (b) of S.I. 362/2010 sets out the contribution legislation in the HSE scheme.
On the 1st October 2011 staff from the Community Welfare Services transferred permanently to the Department of Social Protection.
In line with Labour Court recommendations LCR 20116, 20117, and pursuant to Part 4 of the Social Welfare and Pensions Act 2010 in conjunction with the Public Service Agreement 2010-2014, CWS staff transferred to the Department of Social Protection on the principle that their existing terms and conditions of employment would neither improve nor diminish by reason of the transfer. The pension contribution remained as 5% of salary.
During the course of the negotiations of the Public Service Stability Agreement (2013-2016) the Public Service Executive Union (PSEU) raised grade assimilation issues relating to former Community Welfare Officers (CWO). It was agreed, as part of the aforementioned agreement that the parties would work towards resolving the position regarding the grade assimilation issues within the lifetime of the collective agreement. Arising from talks on the Lansdowne Road Agreement, it was agreed that any anomalies relating to former HSE staff at PSEU member grades would be resolved with effect from 1 January 2016 on the understanding that agreement had been reached between the parties on all outstanding issues related to the matter. These issues included former HSE staff who were pre-1995 entrants and who paid a pension contribution of 5% which was not paid by other pre-1995 HEOs.
A final decision on the issue of the pension contribution paid by Community Welfare Officers who formerly worked under the HSE and paid a 5% contribution paid between 2011 and 2015 was agreed as part of a number of outstanding items, in the Agreement on the Assimilation of the Pay and Conditions of Former Community Welfare Officer staff. This agreement dated 30th September 2015 followed negotiations between the Department of Public Expenditure & Reform, Department of Social Protection and the Public Service Executive Union (representing CWS staff). The terms of the agreement provided among other things, that the 5% pension contribution would cease from the 1 January 2016. The pension contribution issue was tied in with a number of other outstanding issues including pay and annual leave. On foot of that agreement, with effect from 1 January 2016, the requirement for pre-1995 former HSE staff to pay the pension contribution of 5% was removed and no retrospection applied.
It is not possible to provide the total number of employees in my Department who were Class B PRSI contributors between October 2011 and December 2015 or the total number of employees who were Class B PRSI contributors who paid a 5% pension contribution between October 2011 and Dec 2015 as these numbers were constantly fluctuating due to the turnover of staff in the Department.
335. Deputy Catherine Murphy asked the Minister for Social Protection the number of locations in Kildare that offer a drop-in service where a community welfare officer would be available to discuss a case or application with a client; the location of these clinics; the number of drop-in centres offering this service over each of the past five years, by town in Kildare, in tabular form; and if she will make a statement on the matter. [31998/23]
View answerA Community Welfare Officer (CWO) is available to meet with citizens from Kildare during business hours Monday to Friday at the Newbridge Intreo Centre and also by appointment at my Department’s offices in Athy and Maynooth. If a person is unable to travel to these locations, a CWO can meet with the person at a mutually agreed location, including at their home.
While local face-to-face engagement with clients continues to be a cornerstone of the community welfare service, it is important to mention that a person does not need to meet with a CWO to make an application and any person who needs to access the service can call the CWS National Contact Phoneline at 0818 60 70 80, to make an appointment or to speak directly to a CWO. CWS staff working on the phoneline are dealing with approximately 7,000 callers per month. This service is proving very popular with clients, who can have their needs met without the requirement to travel.
A recent development to MyWelfare.ie means a person can apply online for an Additional Needs Payment (ANP). Alternatively, a person can apply for a Supplementary Welfare Allowance (SWA) payment by completing a SWA1 form which is available in all Intreo Centres and Branch Offices. It can also be requested by calling 0818 60 70 80 and by using this link www.eforms.gov.ie/en/forms/5. A completed application form together with any supporting documentation can be returned directly to my Department where the claim will be processed quickly.
The delivery of crucial and locally based community welfare services to meet the challenges and the needs of citizens in Kildare and across the country is a priority for me and for my Department. The CWS continues to provide a flexible service to meet the different needs of clients, who may find themselves in a financially difficult or vulnerable situation. It is important that this service is easily accessible and responsive to our client’s needs.
I trust this clarifies the matter.
336. Deputy Denis Naughten asked the Minister for Social Protection the total advertising budget allocated by her Department and agencies in each of the past ten years, and to date in 2023, respectively; the funding provided directly to RTÉ in each year; if she has sought and secured an assurance that none of this funding was rebated via the RTÉ advertising barter account; and if she will make a statement on the matter. [32015/23]
View answerFor the purpose of this response, I have interpreted the amount spent on advertising as media buying costs incurred from public information campaigns, announcements and recruitment notices.
Total advertising expenditure in each of the past 10 years, including 2023 spend incurred to date, is €9,208,209.41 and is outlined below in tabular form.
|
Year |
Total Advertising Costs |
|
2023 * |
€510,290.27* |
|
2022 |
€1,352,300.85 |
|
2021 |
€2,289,774.30 |
|
2020 |
€2,538,989.37 |
|
2019 |
€845,761.29 |
|
2018 |
€416,585.00 |
|
2017 |
€839,102.66 |
|
2016 |
€87,642.92 |
|
2015 |
€209,198.58 |
|
2014 |
€64,095.00 |
|
2013 |
€54,469.17 |
|
Total |
€9,208,209.41 |
Please note these figures include VAT, Advertising Standards Authority for Ireland and agency fees.*Invoiced to 27 June 2023
The total advertising spend with RTÉ from October 2020 up to 27 June 2023 is €373,752 ex VAT. A detailed breakdown of spend by media channel is not available prior to 2020.
All public information campaigns from my Department are developed to offer clear messages to the public while ensuring value for money for the taxpayer.
My Department works with a media buying agency, appointed under an OGP procurement process, to plan and buy advertising effectively.
The agency has confirmed that during this trackable period (2020-2023), no funding direct to RTÉ was rebated via an RTÉ advertising barter account.
The statutory bodies operating under the aegis of my department are the Citizens Information Board, the Pensions Authority and the Pensions Council.
Details of expenditure for advertising in each of the past 10 years and to date in 2023 for these bodies are outlined in the tables below. Please note that these figures also include VAT, ASAI and agency fees.
|
Year |
Total Advertising Costs for the Citizens Information Board |
|
2023 |
€141,813 |
|
2022 |
€448,362 |
|
2021 |
€917,675 |
|
2020 |
€845,810 |
|
2019 |
€1,292,449 |
|
2018 |
€1,608,035 |
|
2017 |
€651,776 |
|
2016 |
€648,454 |
|
2015 |
€131,642 |
|
2014 |
€142,191 |
|
2013 |
€133,050 |
|
Total |
€6,961,258 |
The Citizens Information Board has confirmed that it did not have any direct spend with RTE from 2013 to date nor has CIB paid directly into the RTE barter account.
|
Year |
Total Advertising Costs for the Pensions Authority |
|
2023 |
€100,000 |
|
2022 |
€100,000 |
|
2021 |
€100,000 |
|
2020 |
€100,000 |
|
2019 |
€100,000 |
|
2018 |
€100,000 |
|
2017 |
€100,000 |
|
2016 |
€100,000 |
|
2015 |
€100,000 |
|
Total |
€875,000 |
The Pensions Authority has no expenditure records for advertising prior to 2015.
|
Year |
Total Advertising Costs for the Pensions Authority with RTE |
|
2023 |
€0 |
|
2022 |
€15,000 |
|
2021 |
€15,000 |
|
2020 |
€0 |
|
2019 |
€40,000 |
|
2018 |
€41,410 |
|
2017 |
€41,410 |
|
2016 |
€23,900 |
|
2015 |
€6,050 |
|
Total |
€182,770 |
The Pensions Authority confirmed that none of this expenditure was rebated via an RTE advertising barter account.
In the context of the Pensions Council, it did not incur any expenditure on advertising from 2013 to date in 2023.
337. Deputy Sean Sherlock asked the Minister for Justice the amount paid out to all consultancy firms for any services rendered; and the cost per contract for the year-to-date 2023, in tabular form [31693/23]
View answerIt has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.
338. Deputy Catherine Connolly asked the Minister for Justice her plans to publish the written submissions received by the Independent Review Group in its preparation of the Offences Against the State Acts review; and if she will make a statement on the matter. [31729/23]
View answerLast week, following their consideration by Government, I published the majority report and the minority report of the Independent Review Group appointed to examine all aspects of the Offences Against the State Acts.
As set out in the report of the majority, the Review Group undertook a public consultation to inform its deliberations. Submissions were received from a number of statutory agencies, academics, human rights organisations and other interested organisations and also a small number of private individuals. A full list of the organisations and individuals who made submissions is set out in the report of the majority.
The views contained in the submissions are helpfully summarised at various junctures in the report of the majority in particular.
There is value in making the outputs from public consultation processes available and I am aware that a number of those who made submissions to the Review Group have already done so. I am, however, conscious that some of the submissions may have been made on a confidential basis and therefore I have asked my officials to consult with the Chairperson of the Review Group before coming to a view as to whether some or all of the submissions may be published.
339. Deputy Aengus Ó Snodaigh asked the Minister for Justice whether she had any prior dealings, meetings and correspondence and so on, with the beneficiaries of an investment from applicants under the Immigrant Investment Programme in relation to a proposed or live application being submitted under that scheme; if so, to detail each such communication; and if she will make a statement on the matter. [31744/23]
View answer340. Deputy Aengus Ó Snodaigh asked the Minister for Justice whether she signed off on all Immigrant Investment Programme applications which were granted during her period in office as Minister for Justice; whether in any case she deemed herself conflicted knowing an applicant or a beneficiary; and if she will make a statement on the matter. [31755/23]
View answerI propose to take Questions Nos. 339 and 340 together.
As Minister for Justice a wide range of correspondence is sent to me regarding the full scope of my Ministerial responsibilities. This correspondence is suitably and appropriately addressed by my office and by the line Division in my Department.
Any IIP applicants corresponding regarding their application are advised to communicate directly with the IIP Unit, within the Immigration Service in my Department. I can confirm that I did not meet any IIP applicant regarding their IIP application.
All projects in which IIP applicants are investing are examined in detail by an Independent Evaluation Committee comprising officials from my Department, the Department of Finance, the Department of Foreign Affairs, Enterprise Ireland and IDA Ireland who have appropriate expertise in this area.
This examination process involves an assessment of the commercial viability of the project; employment outcomes associated with the proposed investment; and the overall benefit to the Irish State. The Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the individual application will be submitted to the Minister for final approval. I have approved all applications which were recommended through this process during my time as Minister for Justice. No conflicts of interest have arisen in this regard.
341. Deputy Jennifer Whitmore asked the Minister for Justice when the national action plan for human trafficking will be published; to what extent it considers the issue of the sexual exploitation of children; and if she will make a statement on the matter. [31789/23]
View answerWork to develop a new National Action Plan on human trafficking is very well advanced.
This whole of Government plan will set out how the multi-agency work to combat this criminal activity, and to support victims, will be taken forward.
It is expected the new Action Plan will be finalised and submitted to Government in the coming weeks for approval to publish.
The identification and protection of child trafficking victims in Ireland is a key priority of our anti-trafficking efforts and this will be reflected in the new Action Plan. While the majority of actions in the plan will relate to both adult and child victims, there will also be child specific measures included.
Ensuring that all professionals who come into contact with children, or otherwise working on child-related matters, are aware of the indicators of human trafficking is paramount as a first step to identifying child victims of trafficking.
Actions to combat all forms of trafficking will be included in the Action Plan.
342. Deputy Brendan Smith asked the Minister for Justice the progress to date in upgrading accommodation to facilitate the restoration of services as announced by Government in 2017 (details supplied); if she will ensure that these works are completed at an early date; and if she will make a statement on the matter. [31790/23]
View answerAs 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 all decisions related to the Garda Estate. As Minister, I have no role in such matters and am unable to seek to direct, or otherwise influence, the Commissioner in regards to these matters.
I am however advised by the Garda authorities that the proposed works remain under consideration and will be the subject of ongoing review by the Commissioner.
