Skip to main content
Normal View

Tuesday, 25 Jul 2023

Written Answers Nos. 772-786

Social Welfare Schemes

Questions (774)

Robert Troy

Question:

774. Deputy Robert Troy asked the Minister for Social Protection if she will provide the number of refusals in each welfare scheme that is, illness, invalidity, carer's, jobseeker's allowance, and so on; the subsequent number of reviews in advance of appeals; and the number of appeals upheld for each of the years 2020 to 2022, in tabular form. [36981/23]

View answer

Written answers

The number of claims rejected for various Social Welfare schemes from 2020 to 2022 are shown in Table 1 below.  The number of appeals and appeal outcomes for these schemes in each of the years 2020 to 2022 are shown in Table 2, 3 and 4 respectively.

Table 1: Claims rejected, by year

Scheme

2020

2021

2022

State Pension (Non-Contributory)

2,068

2,059

2,609

State Pension (Contributory)

13,742

14,358

12,207

Widow/er's or Surviving Civil Partner's Contributory Pension

1,130

1,092

1,334

Widow(er)s' or Surviving Civil Partners' Contributory Pension (Death Benefit)

33

38

38

Jobseeker's Allowance

11,856

9,423

11,859

Farm Assist

98

44

12

Jobseeker's Benefit

4,751

4,658

5,907

Pandemic Unemployment Payment

27,599

9,571

5,070

One Parent Family Payment

886

782

908

Widow/er's or Surviving Civil Partner's Non-Contributory Pension

95

133

160

Supplementary Welfare Allowance

3,645

3,797

5,792

Maternity Benefit

1,699

1,307

1,633

Paternity Benefit

1,123

841

882

Parent’s Benefit

258

588

2,255

Partial Capacity Benefit

123

248

313

Disability Allowance

13,559

13,989

14,593

Blind Pension

57

50

56

Carer's Allowance

10,495

9,134

10,115

Domiciliary Care Allowance

2,639

2,483

3,948

Illness Benefit

15,180

17,384

26,565

Injury  Benefit

1,632

2,294

2,493

Invalidity Pension

5,270

4,551

4,142

Disablement Benefit

422

202

123

Carer's Benefit

1,381

1,077

1,404

Child Benefit

 1,407

 1,615

 1,200

Working Family Payment

9,294

9,469

18,449

Guardian's Payment (Non-Contributory)

18

22

78

Guardian's Payment (Contributory)

52

87

83

Table 2: Outcome of Appeals by category, 2020

Scheme

Allowed

Partially Allowed

Revised DO Decision

Disallowed

Withdrawn

Total

State Pension (Non-Contributory)

56

32

73

235

12

408

State Pension (Contributory

37

13

75

379

8

512

Widow’s/Widower’s Pension (Contributory)

4

0

9

47

4

64

Death Benefit

0

0

0

2

0

2

Jobseeker’s Allowance - Payments

213

50

295

801

178

1,537

Jobseeker’s Allowance -Means

121

38

227

914

187

1,487

Jobseeker’s Transitional Payment

11

6

23

54

8

102

Farm Assist

10

8

20

56

7

101

Jobseeker’s Benefit

99

33

194

407

95

828

Jobseekers Benefit Self Employed

15

0

15

38

5

73

Pandemic Unemployment Payment

0

0

0

0

7

7

One Parent Family Payment

75

15

67

157

45

359

Widow’s/Widower’s Pension (Non-Contributory)

2

1

2

11

1

17

Supplementary Welfare Allowance

181

31

158

528

119

1,017

Maternity Benefit

15

5

19

42

2

83

Paternity Benefit

8

0

11

9

0

28

Parent’s Benefit

0

0

2

1

0

3

Partial Capacity Benefit

28

1

34

45

13

121

Disability Allowance

3,930

127

657

2,642

54

7,410

Blind Pension

0

1

1

12

1

15

Carer’s Allowance

1,079

115

614

1,981

39

3,828

Domiciliary Care Allowance

912

51

477

488

8

1,936

Illness Benefit

81

10

733

217

158

1,199

Injury Benefit

16

0

18

36

6

76

Invalidity Pension

1,113

2

631

924

34

2,704

Disablement Benefit

58

14

17

139

2

230

Carer’s Benefit

44

6

181

123

7

361

Child Benefit

42

15

132

331

17

537

Working Family Payment

170

23

448

609

32

1,282

Guardian’s Payment (Non-Contributory)

6

2

2

3

0

13

Guardian’s Payment (Contributory)

8

0

7

16

1

32

Table 3: Outcome of Appeals by category, 2021

Scheme

Allowed

Partially Allowed

Revised DO Decision

Disallowed

Withdrawn

Total

State Pension (Non-Contributory)

51

31

56

168

12

318

State Pension (Contributory

29

7

58

241

9

344

Widow’s/Widower’s Pension (Contributory)

5

2

11

38

5

61

Death Benefit

-

-

-

2

-

2

Jobseeker’s Allowance - Payments

181

40

233

577

144

1,175

Jobseeker’s Allowance -Means

65

33

141

506

146

891

Jobseeker’s Transitional

11

6

20

38

18

93

Farm Assist

6

4

12

41

9

72

Jobseeker’s Benefit

96

93

242

562

109

1,102

Jobseeker’s Benefit Over 65

11

-

7

121

7

146

Jobseeker’s Benefit Self Employed

3

0

4

14

4

25

Pandemic Unemployment Payment

14

2

1,984

630

35

2,665

One Parent Family Payment

56

10

56

98

29

249

Widow’s/Widower’s Pension (Non-Contributory)

1

0

3

8

0

12

Supplementary Welfare Allowance

182

27

121

486

70

886

Maternity Benefit

4

3

21

30

1

59

Paternity Benefit

3

2

17

14

0

36

Parent’s Benefit

0

0

4

2

0

6

Partial Capacity Benefit

42

-

14

81

12

149

Disability Allowance

2,611

101

643

2,178

42

5,575

Blind Pension

0

2

1

14

0

17

Carer’s Allowance

886

95

519

1,743

24

3,267

Domiciliary Care Allowance

533

25

484

338

5

1,385

Illness Benefit

33

10

433

202

49

727

Injury Benefit

15

1

13

32

18

79

Invalidity Pension

869

5

439

675

19

2,007

Disablement Benefit

79

18

41

169

4

311

Carer’s Benefit

58

3

97

119

4

281

Child Benefit

41

14

126

224

18

423

Working Family Payment

106

10

610

300

95

1,121

Guardian’s Payment (Non-Contributory)

3

2

1

10

-

16

Guardian’s Payment (Contributory)

8

-

2

23

-

33

Table 4: Outcome of Appeals by category, 2022

Scheme

Allowed

Partially Allowed

Revised DO Decision

Disallowed

Withdrawn

Total

State Pension (Non-Contributory)

34

24

70

159

17

304

State Pension (Contributory

32

11

122

327

23

515

Widow’s/Widower’s Pension (Contributory)

6

1

11

45

4

67

Death Benefit

0

0

0

1

0

1

Jobseeker’s Allowance - Payments

170

56

520

822

266

1,834

Jobseeker’s Allowance -Means

43

16

167

377

143

746

Jobseeker’s Transitional

9

3

31

41

21

105

Farm Assist

10

8

22

32

10

82

Jobseeker’s Benefit

88

23

389

388

141

1,029

Jobseeker’s Benefit Over 65

7

2

24

145

12

190

Jobseekers Benefit Self Employed

5

0

18

30

5

58

Pandemic Unemployment Payment

54

9

305

504

24

896

One Parent Family Payment

24

8

114

105

54

305

Widow’s/Widower’s Pension (Non-Contributory)

0

1

3

12

1

17

Supplementary Welfare Allowance

111

20

144

571

79

925

Maternity Benefit

15

1

32

50

1

99

Paternity Benefit

3

0

22

17

0

42

Parent’s Benefit

3

2

18

13

1

37

Partial Capacity Benefit

35

4

5

50

12

106

Disability Allowance

2,348

74

722

2,222

69

5,435

Blind Pension

1

0

4

8

0

13

Carer’s Allowance

804

67

520

1,953

44

3,388

Domiciliary Care Allowance

698

48

712

535

17

2,010

Illness Benefit

37

2

1,129

238

115

1,521

Injury Benefit

12

0

14

35

12

73

Invalidity Pension

570

7

387

590

36

1,590

Disablement Benefit

51

7

21

122

5

206

Carer’s Benefit

76

1

78

113

6

274

Child Benefit

31

7

118

150

24

330

Working Family Payment

54

5

795

236

224

1,314

Guardian’s Payment (Non-Contributory)

5

3

7

5

0

20

Guardian’s Payment (Contributory)

12

3

5

24

3

47

Social Welfare Appeals

Questions (775)

Robert Troy

Question:

775. Deputy Robert Troy asked the Minister for Social Protection the current average processing time for appeals; and if she will make a statement on the matter. [36982/23]

View answer

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.  Appeals Officers are independent in their decision-making functions.

Claim decisions taken by the Department’s Deciding Officers and Designated Persons are appealable to the Chief Appeals Officer.  In any year approximately 85% of all claims are awarded by the Department and approximately 1% are appealed.  Appeals are dealt with as expeditiously as possible, however the desire to process appeals quickly has to be balanced with the competing demand to ensure that decisions are consistent, of high quality, and made in accordance with the legislative provisions and the general principles of fair procedures and natural justice.

The current average processing times for an appeal with the Social Welfare Appeals Office are 17.9 weeks for a summary decision and 31.0 weeks for a decision by way of oral hearing.  These figures are based on appeals finalised from January to June 2023.  There is proactive engagement between the Social Welfare Appeals Office and the Department to ensure that the appeals process operates efficiently and that where a Deciding Officer's decision is not revised in favour of the appellant that the appeal file papers are provided as quickly as possible for consideration.

Further improvements in appeals processing times are a priority for the Chief Appeals Officer.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (776)

Robert Troy

Question:

776. Deputy Robert Troy asked the Minister for Social Protection if she will review the policy which prevents a person in receipt of a widow's or widower's pension availing of illness benefit while out sick (details supplied). [36990/23]

View answer

Written answers

Illness Benefit is the main income support provided to those who cannot work due to illness of any kind and who are covered by social insurance.

Widow’s/Widower’s/Surviving Civil Partner’s Pension (Contributory) is a weekly social insurance payment to those who have lost their spouse or civil partner and are covered by social insurance.

There is a general principle of one person, one payment, which applies across the social welfare system.  Given the contingency-based nature of this system, it can happen that a person may experience more than one contingency at the same time, but, generally, they can receive only one payment.  This principle is common to social security systems across the world.

As a general rule, people on Widow’s/Widower’s/Surviving Civil Partner’s Pension (Contributory) cannot be in receipt of an overlapping second payment, for example Illness Benefit, at the same time.  This does not affect the customer's entitlement to claim credited contributions, to maintain the continuity of their PRSI record, while they are unable to work due to illness.

If a customer is getting a reduced rate of Widow’s/Widower’s/Surviving Civil Partner’s Pension (Contributory), they may also get a reduced rate of Illness Benefit, so that the combined amount of both payments is not greater than the rate of Illness Benefit to which they are entitled.  Further exceptions to the one person, one payment rule and more information on the operations of the scheme are available at gov.ie.

With regard to additional supports, this department also provides Additional Needs Payment under our Supplementary Welfare Allowance Scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income.  This includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

The payment is available to anyone who needs it and qualifies, whether the person is currently on a social welfare payment or in employment.  The payment amount will depend on a person’s weekly household income, their outgoings and the type of assistance needed.  Payments are made at the discretion of the Community Welfare Officers administering the scheme, considering all the circumstances of the case.

My department keeps its schemes and supports under review to make sure they continue to meet their objectives.  Any changes to the current system would need to be considered in an overall policy and budgetary context.

School Meals Programme

Questions (777)

Aodhán Ó Ríordáin

Question:

777. Deputy Aodhán Ó Ríordáin asked the Minister for Social Protection the additional funding required to expand the hot school meals to all DEIS schools in 2024; the resources required to ensure all special schools and DEIS secondary schools can provide a hot school meal; if she will confirm if her Department has an implementation plan for the roll-out of a universal provision of hot school meals in all schools; what work has been carried out on the feasibility of providing meals to children during holiday time; and if she will make a statement on the matter. [37031/23]

View answer

Written answers

The School Meals Programme provides funding towards the provision of food services to some 1,600 schools and organisations benefitting 260,000 children.  The objective of the programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them.  The programme is an important component of policies to encourage school attendance and extra educational achievement.

My Department provides the funding for the School Meals Programme directly to the school and it is the responsibility of each individual school to administer the programme in their school.  Funding under the school meals (local projects) scheme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided.  

Budget 2023 provided €94.4 million for the programme.  In February, the Government approved an additional €14.5m to allow access to the Hot School Meals scheme for all remaining DEIS primary schools and special schools from September 2023.  The full year cost for 2024 of this measure is €38m. 

There are 235 DEIS secondary schools with 104,000 pupils.  The cost to extend the hot school meals to all secondary schools is €55m in a full year. 

The school meals programme operates for 36 weeks of the year in respect of primary schools and 33 weeks in respect of post primary schools.  During the Covid-19 pandemic funding to schools was further extended to allow schools who chose to continue to provide food during the Easter holidays, summer periods and Christmas holidays.  The school meals programme has been operating as normal in schools since schools reopened at the end of August 2021 and there is no plan to extend outside the normal school calendar. 

I am committed to continuing to expand the School Meals Programme and building further on the significant extension of the programme that has taken place in recent years.  In this regard, as part of significant plans to extend the Hot School Meals to all children in the coming years all remaining primary schools have been contacted and have been asked to submit an expression of interest form if their school is interested in commencing the provision of hot school meals.  Expressions of interest forms were received from over 900 non DEIS schools in respect of 150,000 children.  From 2024, I intend commencing the roll-out of Hot School Meals to all remaining primary schools on a phased basis.

I trust this clarifies the matter.

Question No. 778 answered with Question No. 714.

Coroners Service

Questions (779, 829, 842)

Sorca Clarke

Question:

779. Deputy Sorca Clarke asked the Minister for Justice what additional resources have been provided to the Coroner Courts to address the backlogs that bereaved loved ones are currently experiencing. [35610/23]

View answer

Colm Burke

Question:

829. Deputy Colm Burke asked the Minister for Justice to confirm what action will be taken to reduce the waiting time for cases being listed for inquest in the coronial service, particularly in light of the fact that coronial service and families affected have been experiencing significant delays; and if she will make a statement on the matter. [36161/23]

View answer

Colm Burke

Question:

842. Deputy Colm Burke asked the Minister for Justice what action will be taken to recruit additional staff to provide support to coroners, particularly in view of the fact that the coronial service, and families affected, have been experiencing significant delays in cases being listed for inquest; and if she will make a statement on the matter. [36351/23]

View answer

Written answers

I propose to take Questions Nos. 779, 829 and 842 together.

Coroners are independent quasi-judicial officer’s 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.

I am acutely conscious that any delay in the carrying out of an inquest can be upsetting for bereaved families and loved ones.

As the Deputy is aware, all coronial districts, with the exception of Dublin, are the responsibility of the relevant Local Authority. Neither I, nor my department have any role in respect of the exercise by the Coroner of their statutory function. However, the Department of Justice is responsible for supporting the work of the Dublin District Coroner’s Office, including the Dublin District Mortuary (DDM) in terms of finance, staffing, administration, etc., since 1 January 2018. As such, it would only be appropriate for me to provide details of resources recently provided to the Dublin Coroner.

Specifically with regard to the Dublin coronial district, three additional Temporary Coroners have been appointed to facilitate the significant workload of the district whilst the Senior Coroner holds the Inquests in to the Stardust fire deaths.

The Department of Justice has also facilitated the opening of two new Coroner’s Courts, in addition to Store Street’s Coroner’s Court, in the Richmond Education Centre, Dublin 7.

The related Dublin District Mortuary facility has also been provided with additional resources; in this respect the Dublin District Coroner’s Office (DDCO) have appointed two locum anatomical pathology technologists (APTs) and are seeking to appoint another. The DDM also established an APT trainee programme in 2021 and is currently preparing to run a second recruitment campaign to bring in additional trainees this year. A recruitment campaign for a Mortuary Manager for the DDM and Specialist Medical Higher Executive Officer role for the DDCO is also underway.

To further assist the work of the coroners in the Dublin Coronial district, my Department has embarked on a modernisation programme to explore the existing DDCO work practices. It is envisaged that the modernisation programme, along with ensuring resourcing is maintained at a manageable level, will significantly decrease the backlog of cases and, in the long term, accelerate the number of inquests which can be heard. A project team has been assigned to the DDCO modernisation programme to monitor and track this plan.

Private Security Authority

Questions (780, 781)

Holly Cairns

Question:

780. Deputy Holly Cairns asked the Minister for Justice if her attention has been drawn to the use of tracking devices on private citizens by private investigators; to list any actions proposed by her Department to prevent this practice; and if she will make a statement on the matter. [35652/23]

View answer

Holly Cairns

Question:

781. Deputy Holly Cairns asked the Minister for Justice the number of private investigators operating in the State. [35653/23]

View answer

Written answers

I propose to take Questions Nos. 780 and 781 together.

The Private Security Authority (PSA), an independent body under the aegis of my Department, is the statutory body with responsibility for licensing and regulating the private security industry in Ireland.  The PSA regulates both contractors and employees across a range of sectors in the security industry, including Private Investigators.

I am advised by the PSA that as of the end of June 2023, there are 94 contractors and 176 individuals licensed by the PSA to operate as Private Investigators in the State.

The use of trackers without the consent of the person being tracked may be a breach of Data Protection legislation. The PSA has published guidance on this matter, reference PSA 63, which is available on their website, www.psa-gov.ie. 

Where a private investigator is found by the Data Protection Commission to be in breach of the Data Protection Acts, the PSA may act against the private investigator’s licence. Such action could include the suspension or revocation of a licence.

Question No. 781 answered with Question No. 780.

Refugee Resettlement Programme

Questions (782)

Michael Healy-Rae

Question:

782. Deputy Michael Healy-Rae asked the Minister for Justice the status of an application for a person (details supplied) who has made an application under the Afghan admission programme; and if she will make a statement on the matter. [35658/23]

View answer

Written answers

The person referred to made an application to the Afghan Admission Programme which was received by my Department on 11 March 2022. I would like to take this opportunity to assure them that my Department is processing applications under the Afghan Admissions Programme as quickly as possible.

To ensure as many people as possible can avail of this important programme my Department have been liaising with representatives of the Afghan Community and with applicants directly, to ensure the Afghan Admission Programme team have everything needed to progress applications.

Where applicants are missing important information, such as proof of identity and familial relationships, the Afghan Admission Programme Unit contacted people directly to gather the required documents. This process is now complete. The requested information has begun to be received and applications continue to be assessed in a pragmatic and humanitarian manner.

All applicants will receive a decision in the coming months.

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.

Immigration Status

Questions (783)

Bernard Durkan

Question:

783. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application to the undocumented scheme in the case of a person (details supplied) whose vetting was completed on 29 April 2022; and if she will make a statement on the matter. [35668/23]

View answer

Written answers

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 09 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will require additional processing. 

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf. 

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at 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 Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Departmental Policies

Questions (784)

Mark Ward

Question:

784. Deputy Mark Ward asked the Minister for Justice if there are plans to transfer grants for prison links from her Department to the HSE; for an update on these plans; the rationale behind them; and if she will make a statement on the matter. [35685/23]

View answer

Written answers

As the Deputy may be aware, Community Prison Links (CPL) workers are funded by the Department of Justice through Local Drugs and Alcohol Task Forces (LDATFs), with the exception of the one CPL worker which is funded by the Probation Service via the Fusion project based in the Ballyfermot area. Five CPL workers operate in four of the Dublin LDATF areas. CPL workers operate within community based addiction teams. The community addiction teams receive funding from a range of sources including the LDATFs and the HSE in the main.

CPL workers generally work on a one-to-one basis providing a range of services to people awaiting sentence, in prison, on remand and post-release. They visit people in prison and work with them in order to support them while in prison and also to prepare them to return to the community post release. CPL workers develop care plans and encourage prisoners to access treatment and support during their sentence. They also work with prisoners to prepare and plan for further appropriate support post-release.   

The Probation Service plays no role in the management of CPL workers (with the exception of the governance arrangements for Fusion). 

While the Department of Justice has engaged with the Department of Health in relation to the possible transfer of the funding of CPLs to the HSE, there are no plans to do so at the moment.

Naturalisation Applications

Questions (785)

Eoin Ó Broin

Question:

785. Deputy Eoin Ó Broin asked the Minister for Justice the current turnaround times for processing of a join family member of EU/EEA/Swiss citizen spouse visa application by the INIS; and what efforts her Department is making to ensure timely decisions for applicants. [35704/23]

View answer

Written answers

A family member of an EU/EEA/Swiss citizen seeking to rely on Directive 2004/38/EC (Free Movement Directive) must, if they are a visa required national, apply for a Type C Short Stay Visa before travelling to the State.

Applications from qualifying family members are processed on an accelerated basis. While every effort is made to process these applications within a reasonable time frame, processing times will vary depending on the volume of applications, their complexity and the resources available.

These applications are only processed in the Dublin Visa Office. Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday : www.irishimmigration.ie/visa-decisions/

I can further advise the deputy that additional resources in the form of overtime are currently being applied by Visa Division as a short term measure to help improve processing times on the applications on hand.

Charitable and Voluntary Organisations

Questions (786)

Fergus O'Dowd

Question:

786. Deputy Fergus O'Dowd asked the Minister for Justice if she will address the serious concerns raised by a charity (details supplied) in respect of a major threat to charity fundraising; and if she will make a statement on the matter. [35709/23]

View answer

Written answers

The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps. The Bill provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes such as local sports clubs, good causes, etc.

The Government recognises and appreciates the hard work of, and services provided by, charities in the State. Stakeholder engagement is an important aspect of informing and developing new legislation and hearing the views of all stakeholders in respect of legislative proposals that will affect them is a key aspect of a robust, transparent and democratic legislative process. 

I have had wide-ranging engagement with the charity sector and have listened to their concerns. In that context, I met with 14 individual organisations from the charity sector, as well as with the Charities Institute Ireland in late February 2023 to hear their views on the Bill. In addition, my Department has corresponded with over 40 charities in relation to the Bill.

The Government is not equating the charity sector with commercial gambling operators. In that regard, the Gambling Regulation Bill contains specific provisions tailored to meet the needs of charitable and philanthropic organisations. It is important to note, the prohibition on sponsorship of events will only apply to commercial gambling companies. Those holding a charitable licence under the Bill will not be affected by the prohibition. There will be no bar to charities sponsoring events. Regarding the sponsorship of charitable events by gambling companies, this will depend on the event, and whether it appeals to children or not. I will revisit this issue again at Report Stage to ensure that the position is clear.

The maximum relevant payment limits where gambling activities are provided by a licensee of a licence for a charitable and philanthropic purpose are also being removed.

Charities may continue to advertise and promote their work in all fora without hindrance. The advertising watershed will only apply to charities when advertising gambling activities. Charities may continue to issue merchandise in the name of the charitable organisation. Charities will not be precluded from receiving donations from commercial entities in the usual fashion.

Charities that provide gambling activities must be properly regulated in that regard. It is important to note that charities that operate and promote lotteries as part of their fundraising model are already subject to regulation via the Gaming and Lotteries Act 1956. The Gambling Regulation Bill is a direct continuation of this policy, and the measures, albeit modernised, provided for in the 1956 Act. The exclusion of the charity sector would result in a removal of safeguards and protections that the charity sector have complied with for close to the past 70 years.

It is essential that charities and their activities are well regulated, but are also seen to be well regulated to ensure public confidence in them and that is what the Bill provides for. It is also imperative to ensure that someone cannot operate and offer gambling activities under the guise of a charity.

To exclude the charity sector from the scope of the legislation would remove important protective legislative safeguards for legitimate organisations, and create a scenario where anyone could apply for a charitable or philanthropic licence to circumvent being subject to regulation, scope and accountability contained in the Bill. It is important to ensure that proper controls are in place to prevent those that would masquerade as genuine charities and would damage the whole sector.

Insofar as the reference to the National Lottery is concerned, the National Lottery is subject to regulatory oversight and governance under the provisions of the National Lottery Act 2013, including its own dedicated regulator: the Regulator of the National Lottery. 

Top
Share