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Wednesday, 11 Oct 2023

Written Answers Nos. 126-157

Housing Schemes

Questions (126)

Marc Ó Cathasaigh

Question:

126. Deputy Marc Ó Cathasaigh asked the Minister for Housing, Local Government and Heritage the number of cost rental and affordable homes built in Cork city and county in 2020, 2021, 2022 and to date in 2023, in tabular form; and if he will make a statement on the matter. [44263/23]

View answer

Written answers

Under Housing for All, the Government will deliver 54,000 affordable homes by 2030, to be facilitated by local authorities, Approved Housing Bodies (AHBs), the Land Development Agency (LDA) and through a strategic partnership between the State and retail banks.

With 2022 representing the first full year of affordable housing delivery under the schemes introduced in the Affordable Housing Act 2021, local authorities now complete and submit data returns to my Department on delivery of affordable homes in their area in the same manner as is done for social housing. The 2022 statistical data is published on the Department's website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#affordable-housing-delivery.

Statistical data for the first two quarters of 2023 was published on my Department's website in September 2023 at the following link - www.gov.ie/en/collection/6060e-overall-social-housing-provision/#affordable-housing-delivery.

2022 represented the commencement of a very ambitious programme of delivery of affordable housing. This momentum will continue with delivery increasing significantly this year, and my Department is working closely with the local authorities, Approved Housing Bodies, the LDA and other stakeholders to accelerate the delivery of affordable housing. 

Question No. 127 answered with Question No. 125.

European Court of Justice

Questions (128)

Mark Ward

Question:

128. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage if he will provide details of the judgements made against Ireland in the Court of Justice of the European Union in each of the past five years in respect of matters which are the responsibility of his Department; the nature of the cases and judgements in question; the total amount in euro of fines and/or penalties paid to date associated with each adverse finding broken down by amount paid by day, week, month and so on, as per the judgement; the remedial procedures, if any, that have been undertaken by the State to address each of the judgements; and if he will make a statement on the matter. [44334/23]

View answer

Written answers

The information requested in relation to judgments made against Ireland in the Court of Justice of the European Union over the past five years in respect of matters which are the responsibility of my Department is set out in the table below.

CJEU Case No.

Nature of Case

Remedial Actions taken to date

Cost

C-216/18

Failure to comply with Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97 /11/EC.

Compliance with the judgement required ESB, the owner and operator of the windfarm, through a subsidiary company, to submit an application for retrospective EIA known as substitute consent to An Bord Pleanála (ABP). ESB submitted this application in August 2020 and ABP signed its decision on this substitute consent application on Friday 4 February 2022, refusing the application.

Following this decision, the independent retrospective EIA process is now complete. The European Commission advised that once a final instalment of daily fines is paid, which covers the period 13 November 2021 to 4 February 2022, an internal process will be initiated to propose to the College of Commissioners to close this file. Payment in respect of his final instalment of daily fines was made in March 2023.

My Department is in discussion with counterparts in the Commission regarding the formal closure of this case, which it is anticipated will happen in the coming months.

€17.225m

C-427/17

Failure to ensure compliance with the requirement of Council Directive 91/271/EEC concerning urban wastewater treatment.

A Court of Justice of the European Union (CJEU) judgment issued against Ireland in March 2019 in relation to compliance with the Urban Wastewater Treatment Directive in 28 urban areas.

My Department, accompanied by Uisce Éireann, met with European Commission officials in June 2019 and proposed a programme of measures to ensure that the findings in the judgment were addressed.

Uisce Éireann continues to make progress on the agreed programme of works. 19 of the urban areas in the judgment have been resolved to date. My Department provides 6 monthly reports to the Commission, the most recent in June 2023.

Fines have not yet been imposed in this case.

As part of Budget 2023, I secured funding of over €1.65 billion to support water services and €1.56 billion of this will go to Uisce Éireann.

This overall investment will deliver significant improvements in our public water and waste water services. Many serious challenges do remain which will take sustained significant investment.

It is key to addressing Ireland's shortcomings in water and waste water infrastructure including compliance with the Urban Waste Water Treatment Directive.

Nil

C-444/21

Failure to appropriately designate SACs and to set conservation objectives under Article 4(4) and to set necessary conservation measures under Article 6(1)of the Habitats Directive.

In this case the court found against Ireland on the three main elements of the case but dismissed the remainder of the action. In particular the judgment did not make a finding of persistent and systematic breach by Ireland.

It is important to note that the findings of the court relate to the position on 9 January 2019, and do not take account of actions taken since.

Significant progress has been made by Ireland in the meantime, across all areas of the case – further information is available on the NPWS website.

Officials in the NPWS and AG's office are examining the judgment in detail, and are developing a plan of action to address matters arising. Officials in my Department have also recently met with Commission Officials to discuss a programme of actions to resolve the matters identified in the judgement.

Nil

Further detail in relation to the all three cases are available on CURIA - Home - Court of Justice of the European Union (europa.eu) or at the links provided above.

Mortgage Interest Rates

Questions (129)

Róisín Shortall

Question:

129. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage the reason local authority home loan mortgage interest rates have risen; his views on this increase; if he is aware of commercial banks now offering lower fixed rates than the State backed scheme; and if he will make a statement on the matter. [44347/23]

View answer

Written answers

The Local Authority Home Loan is a Government-backed mortgage for those who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build.

The Housing Finance Agency (HFA) provides financing to local authorities to fund the provision of local authority mortgages. The HFA’s cost of funding is based on sovereign funding costs, and these have also risen significantly in the same period, which drives the interest rate increases to Local Authority borrowers. Commercial lenders have also raised their interest rates significantly in recent years.

The HFA advised recently that due to a rise in the long-term wholesale interest rate and increased interest rate volatility, the funding it provides for new loans drawn down under Local Authority Home Loan (LAHL) had to increase by 0.65% and 0.60% for 25 and 30 year terms respectively. Consequently, this has resulted in increases to rates for borrowers. 

The LAHL however remains an attractive loan product and is priced competitively compared to the most comparable commercial mortgages. The 30 year mortgage rate of 4.05% is the cheapest for a comparable long term fixed rate mortgage on the market. It should be noted that while cheaper rates may be available from commercial lenders, these are generally for shorter term mortgages, or mortgages at lower loan to value ratios, which are not directly comparable to LAHL mortgages.

Housing Schemes

Questions (130)

Michael Healy-Rae

Question:

130. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if the threshold for HAP can be increased (details supplied); and if he will make a statement on the matter. [44378/23]

View answer

Written answers

Maximum rent limits for the Housing Assistance Payment (HAP) were set for each housing authority area in 2016, in conjunction with the Department of Social Protection (DSP). In reviewing rent limits, my Department worked closely with DSP and monitored data gathered from the Residential Tenancies Board and the HAP Shared Services Centre. In prescribing these limits, household size and prevailing rents in the relevant areas are taken into consideration. The HAP rent limits were increased significantly, in the order of 60% in some cases. Maximum rent limits for the HAP scheme are set out for each housing authority area by the Housing Assistance Payment (Amendment) Regulations 2017.

Under Housing for All, my Department was tasked with undertaking an analytical exercise to examine whether an increase in the level of discretion available to local authorities under HAP is required. The Housing Agency undertook to carry out this analytical exercise on behalf of the Department to better understand what level of discretion should be made available to local authorities under HAP to maintain adequate levels of support.

Since 11 July 2022 each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit and for new tenancies to extend the couple’s rate to single persons households. Discretion can be increased up to 50% above the prescribed maximum rent limits for Homeless HAP tenancies in Dublin. It should be noted that it is a matter for the local authority to determine if the application of the discretion is warranted on a case by case basis and also the level of additional discretion applied in each case.

A separate review of the discretion available to Homeless HAP tenancies in Dublin, which is up to 50% above the prescribed maximum rent limits, is currently being undertaken by my Department, in conjunction with The Housing Agency.

My Department continues to keep the operation of the HAP scheme under review and closely monitors the level of discretion being used by local authorities, taking into account other sources of data, including Residential Tenancies Board rent data published on a quarterly basis.

Housing Provision

Questions (131)

Holly Cairns

Question:

131. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if he will report on the progress of Actions 7.1 to 7.6 of Housing for All to date, and other actions his Department is taking to increase the supply of housing for people with disabilities; and if he will make a statement on the matter. [44387/23]

View answer

Written answers

My Department jointly published the National Housing Strategy for Disabled People (NHSDP) 2022-2027 with the Department of Health and the Department of Children, Equality, Disability, Integration and Youth in January 2022 and the Implementation Plan for the Strategy on 22 June 2023.  The Strategy and Implementation Plan may be accessed on my Department’s website at the following link:

www.gov.ie/en/publication/60d76-national-housing-strategy-for-disabled-people-2022-2027/.

The Strategy and Implementation Plan operate under the framework of Housing for All-A New Plan for Ireland (published in September 2021) which provides a new housing plan for Ireland to 2030 with the overall objective that every citizen in the State should have access to good quality homes through a steady supply of housing in the right locations, with economic, social and environmental sustainability built into the system. The strategy sets out, over four pathways, a broad suite of measures to achieve its policy objectives together with a financial commitment of in excess of €4 billion per annum. The Plan is committed to ensuring that affordable, quality housing with an appropriate mix of housing design types provided within social housing, including universally designed units, is available to everyone in Irish society, including disabled people.

Housing Delivery Action Plans provide details of local authority anticipated delivery of social housing over the period 2022-2026 including housing for disabled people and these have been published by each local authority on their website. This is the first such multi-annual delivery planning undertaken by the sector and will be an iterative process throughout the 5 years.

Disability Friendly Technical Advisers are in place in each local authority and local authority Housing and Disability Steering Groups are reporting quarterly to their Chief Executive Officer and the Strategic Policy Committee on the implementation of their Strategic Plans for disabled people. 

My Department reviewed the Housing Adaptation Grants for Older People and People with a Disability  grants scheme and among the areas which the review considered are the income thresholds (including the means test provisions) and grant limits, and the application and decision-making processes including the supplementary documentation required. On foot of my consideration of the review Report, my Department is engaging with the Department of Public Expenditure, NDP Delivery and Reform on the recommendations in the Review report, and this engagement is ongoing at present.

I am therefore pleased to report that Actions 7.1 to 7.6 of Housing for All on increasing and improving housing options and supports for disabled people are substantially advanced and that my focus will be on ensuring implementation of the National Housing Strategy for Disabled People 2022-2027 Implementation Plan under the framework of Housing for All.

Housing Schemes

Questions (132)

Holly Cairns

Question:

132. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the total funding allocation and total funding drawn down for the disabled persons grant scheme and improvement works in lieu of local authority housing scheme by local authority in 2019, 2020, 2021, 2022 and to date in 2023, in tabular form; and if he will make a statement on the matter. [44388/23]

View answer

Written answers

My Department provides funding to local authorities under the Disabled Persons Grants scheme to carry out works on social housing stock to address the needs of older people, people with a disability or overcrowded situations. Extensions to provide for ground floor bathrooms and bedrooms can also be supported. 

This programme also provides capital funding to Local Authorities for Improvement Works in Lieu of local authority housing (IWIL’s) to enable them to repair, improve or extend privately owned houses that are occupied or will be occupied by approved housing applicants as an alternative to the provision of local authority housing. The scheme may also be used to improve private houses intended for occupation by a person surrendering a local authority house.

The detailed administration of this scheme including assessment, approval and prioritisation of applications is the responsibility of local authorities.

An annualised breakdown by local authority of the funding provided under the Disabled Persons Grant programme for the years 2011 up to and including 2022 is available on my Department's website at the following link:

gov.ie - Disabled Persons Grant and Improved Works in Lieu Schemes - Allocation and Drawdown (www.gov.ie).

Housing Schemes

Questions (133, 134, 135)

Holly Cairns

Question:

133. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the total funding drawn down by local authority for the housing adaptation grant scheme to date in 2023, in tabular form; and if he will make a statement on the matter. [44389/23]

View answer

Holly Cairns

Question:

134. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the value and total number of grants awarded under the housing adaptation grant scheme in 2023 to date, in tabular form; and if he will make a statement on the matter. [44390/23]

View answer

Holly Cairns

Question:

135. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage when annual waiting list data will be published for the housing adaptation grant scheme, a commitment contained in the Housing Options for Our Ageing Population policy statement; and if he will make a statement on the matter. [44391/23]

View answer

Written answers

I propose to take Questions Nos. 133 to 135, inclusive, together.

My Department provides Exchequer funding to local authorities to support the suite of Housing Adaptation Grants for Older People and People with a Disability which support older and disabled people living in private houses to adapt their home to meet their needs. The grants include the Housing Adaptation Grant for People with a Disability, the Mobility Aids Grant and the Housing Aid for Older People Grant, which are 80% funded by my Department, with a 20% contribution from the resources of the local authority.

The funding drawdown information requested is set out in the following table:

Local Authority 

Exchequer Drawdown to 11 October 2023

Carlow 

€1,052,536

Cavan 

€1,025,561

Clare 

€1,388,525

Cork City

€1,067,933

Cork 

€3,696,350

Donegal 

€1,945,683

Dublin City 

€2,126,496

Dun Laoghaire/Rathdown 

€774,666

Fingal 

€1,852,145

Galway City 

€836,302

Galway

€813,007

Kerry 

€1,736,139

Kildare 

€2,738,508

Kilkenny 

€968,843

Laois 

€507,478

Leitrim 

€406,615

Limerick City & County

€2,642,274

Longford 

€366,759

Louth

€1,113,122

Mayo 

€1,921,607

Meath 

€1,786,780

Monaghan 

€1,047,714

Offaly 

€748,039

Roscommon 

€340,187

Sligo 

€907,936

South Dublin 

€1,375,099

Tipperary

€2,168,790

Waterford City & County

€711,705

Westmeath 

€689,330

Wexford 

€2,470,619

Wicklow 

€987,038

Details in relation to the number and value of grants awarded to date by local authorities in 2023 are not collated by my Department as the schemes are administered by local authorities. This information may be available directly from local authorities.

The Housing Options for an Ageing Population policy statement includes a commitment by my Department to work closely with local authorities to review the Housing Adaptation Grant Scheme and the waiting lists in place for adaptations and publish this data on a yearly basis to identify any barriers and gaps at local and national level and help to streamline the process to ensure timely intervention.

My Department developed a new recoupment claim form which was implemented by local authorities on a phased basis throughout 2022. The new form captures data on the date a valid application is received, approved and paid by a local authority. This will allow the Department to calculate the average length of time that it will take a local authority to approve valid applications and issue grant payments over the 12 month period of 2023 taking account that local authorities submit recoupment claims in batches at various stages throughout the year. This approach will ensure that all local authorities are correctly represented in the resulting data to be available for publication by early 2024 in respect of 2023.

Question No. 134 answered with Question No. 133.

Question No. 135 answered with Question No. 133.

Building Regulations

Questions (136)

Holly Cairns

Question:

136. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the number of public changing places facilities available, by location, in tabular form; the actions being taken by his Department to increase the number of available facilities; and if he will make a statement on the matter. [44397/23]

View answer

Written answers

As Minister for Housing, Local Government and Heritage I have responsibility for the Building Regulations that set out the minimum legal requirements for the construction of new buildings and certain works to existing buildings.

Last year, following a public consultation I introduced the Building Regulations (Part M Amendment) Regulations 2022 to increase the provision of changing places toilets in certain new buildings, and to improve the accessibility and usability of existing building stock by making provision for a changing places toilet, where there is a significant extension or material change of use.

The number of new changing places toilets provided will be determined by construction activity commenced and the number of buildings or works that meet the use and size criteria listed in the Technical Guidance Document M.

The operative date of the Regulations is 1 January, 2023. It should be noted that subject to the transitional periods cited in the Regulation, the Building Regulations (Part M Amendment) Regulations 2022 will apply to buildings or works commenced after 1 January 2024.

It is not within the remit of my Department to collect or collate data on the numbers of public changing places toilets available.

Energy Conservation

Questions (137)

Patricia Ryan

Question:

137. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the Government target for the number of houses to be retrofitted in County Kildare; how many of that target number have been retrofitted to date; and how many are in the pipeline for retrofitting in the foreseeable future. [44468/23]

View answer

Written answers

In 2021 a new holistic approach was applied to the Energy Efficient Retrofit Programme (EERP), designed around the Programme for Government's commitment led by the Department for the Environment, Climate and Communications that calls for the 'retrofit' of 500,000 homes to a B2 (BER)/Cost Optimal Equivalent standard by 2030, of which, approximately 36,500 are expected to be local authority owned homes, with grant funding provided by my Department for those local authority housing retrofits.

An annualised breakdown of the funding and number of properties completed by each local authority since 2013 is available at the following link:

gov.ie - Energy Efficiency Retrofitting Programme - Expenditure & Output (www.gov.ie)

My Department also introduced a pilot Midlands Energy Retrofit Programme in 2020-2022, the details of which are found below. A further 112 properties were retrofitted by Kildare County Council to a BER of B2/ Cost Optimal Equivalent and these figures are in addition to the National Retrofit Programme.

gov.ie - Midlands Energy Retrofit Programme - Expenditure and Units (www.gov.ie)

In 2023, my Department announced that funding of €87 million will be provided for the upgrade of approximately 2,400 social homes. Of this, Kildare County Council's target is to retrofit 86 properties with an allocation of €3,106,750 including project management fees (PMF). Kildare County Council also have an opportunity to complete 8 properties under the Midlands Retrofit Programme this year which will bring their MRP programme to completion. 

Work in relation to the programmes are underway but it will be later this year before significant recoupment claims are lodged with my Department. Full details in relation to the 2023 EERP will be available early in 2024.

National Monuments

Questions (138)

Patricia Ryan

Question:

138. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if he will clarify if the Hill of Allen is on the Public Monuments Register; if not, whether the Government plans to speak with all relevant stakeholders to examine the opportunity for the State to take ownership of very important key landmark in County Kildare, which is associated with St. Brigid. [44469/23]

View answer

Written answers

The Hill of Allen is included on the Record of Places and Monuments;

KD018-02101- Carrick (Rathernan ED) Tumulus possible site

KD018-02102- Carrick (Rathernan ED) Cist Site 

In respect of acquiring or accepting properties, such acquisitions are considered within the context of available resources. Usually acquisition is in the interests of the preservation, conservation and management of monuments or sites. In all cases, my Department examines any potential acquisition carefully, taking into account similar existing properties within the State portfolio, gaps in the State portfolio, any conservation and remedial works required, and the short and long term current and capital cost of acquisition and maintenance to the Exchequer.  There are currently over 800 structures (mostly archaeological) in the ownership of the Minister around the country and as such my Department is only ever in a position to make a very limited number of acquisitions.

Departmental Functions

Questions (139)

Patricia Ryan

Question:

139. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if he or the Government have plans to establish a distinct unit to operate together across both his Department and the Department of Health to provide for a joint plan to ensure the provision of age friendly independent and supported living environments, given the increasing aging population; and if he will make a statement on the matter. [44472/23]

View answer

Written answers

Housing for All (published in September 2021) provides a new housing plan for Ireland to 2030 with the overall objective that every citizen in the State should have access to good quality homes through a steady supply of housing in the right locations, with economic, social and environmental sustainability built into the system. The strategy sets out, over four pathways, a broad suite of measures to achieve its policy objectives together with a financial commitment of in excess of €4 billion per annum.

Under Housing for All, there is a policy objective to increase and improve housing options for older people to facilitate ageing in place with dignity and independence. Housing for All builds on and takes forward the ongoing actions in "Housing Options for Our Ageing Population" policy statement from 2019, published jointly by my Department and the Department of Health, which provides policy options in support of a range of housing and accommodation alternatives for older people. The actions include the development of a catalogue of housing options that provide a range of choices that meet the diverse needs of an ageing population, spanning owner occupier, private rental and social housing, whilst providing accessible care and the associated support needs. My Department, together with the local authorities and the Approved Housing Bodies (AHBs), is successfully guiding and delivering age-friendly housing within this framework.

My Department established a new Business Unit in the latter part of 2021, namely, the Social Inclusion Unit, which includes having responsibility for housing policy for older people. This Unit liaises with key Departments such as the Department of Health in the development and delivery of housing policy for older people.

My Department continues to collaborate with the Department of Health on the implementation of relevant ongoing actions, together with engagement on advancing the most appropriate framework, under the strategic framework of Housing for All, to ensure the effective integration of health and housing policies at national and local level.

School Meals Programme

Questions (140)

Emer Higgins

Question:

140. Deputy Emer Higgins asked the Minister for Social Protection if she will consider adding the provision of lunch to coeliac children through the school meals programme; and if she will make a statement on the matter. [44368/23]

View answer

Written answers

The School Meals Programme provides funding towards the provision of food services to some 1,700 schools and organisations benefitting 300,000 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.

Funding under the School Meals Programme 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. These meals must meet the nutritional standards for the school meals programme.

The Nutritional Standards for School Meals were developed by a working group led by the Health and Wellbeing Programme in the Department of Health, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive.

Each school is required to provide a menu choice of at least two different meals per day and where required, provide a vegetarian/vegan option and an option that caters for students’ religious and cultural dietary requirements. The Nutritional Standards also specify that the provision of food for those with allergies must comply with the Standards.

There are numerous suppliers of school meals nationwide with no one person or body holding the contract to provide meals for the programme. The Department provides the funding directly to the schools, who are then required to procure the provision of the food in compliance with Government procurement rules and with relevant HACCP, Food Safety regulations and the Nutritional Standards for School Meals. It is down to the individual schools to ensure they source a supplier that can meet the dietary requirements of all their pupils.

Since my appointment as Minister for Social Protection, I have increased the number of schools with access to the Hot School Meal option from 37 to 1,100. 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 programme, all remaining primary schools were contacted and requested 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.

Social Welfare Benefits

Questions (141)

Bernard Durkan

Question:

141. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for carer's benefit in the case of a person (details supplied); and if she will make a statement on the matter. [44272/23]

View answer

Written answers

Carer's Benefit 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 Carer's Benefit was received from the person concerned on 7 September 2023.

The person concerned was refused Carer’s Benefit on 22 September 2023 as the evidence submitted in support of this application was examined and the deciding officer decided that, although the person concerned is providing a certain level of care, the time involved was not considered to be full time.

A review request with further information on the care being provided was received on 28 September 2023.

Additional information in relation to the person’s review was requested by a deciding officer on 6 October 2023.

Once the information is received, a Deciding officer will assess all relevant information for review before a decision is made and the person concerned will be notified in writing directly of the outcome.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (142)

Michael Creed

Question:

142. Deputy Michael Creed asked the Minister for Social Protection if she will expedite a decision on a carers allowance application by a person (details supplied). [44273/23]

View answer

Written answers

Carer's Benefit 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.

In order to be eligible for Carer’s Benefit, the carer must also not exceed 18.5 working hours weekly and not earn in excess of €350. 00 (net of relevant deductions).

An application for Carer's Benefit was received from the person concerned on 19 September 2023.

Additional information in relation to the person’s application was requested by a deciding officer on 5 October 2023 in order to determine whether they are eligible for the payment.

Once this information is received, the application will be processed without delay and the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (143)

Claire Kerrane

Question:

143. Deputy Claire Kerrane asked the Minister for Social Protection the supports that are in place for pensioners who are struggling to pay a high electrical bill because of continuous use of medical equipment; considering situations where an application for supplementary welfare allowance was refused due to receipt of a household benefits package; and if she will make a statement on the matter. [44275/23]

View answer

Written answers

Under the supplementary welfare allowance scheme, my Department can make additional needs payments to help meet essential expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary.

Payments are made at the discretion of the officers administering the scheme, taking into account the requirements of the legislation, and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

Additional Needs Payments can be made to assist people who face difficulties in meeting household bills and energy costs. In the first half of 2023, over 3,000 such payments were made. In addition, my Department may award a supplement to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary. This can include a heating supplement where a person has need for additional heating due to ill health or infirmity.

If the Deputy has concerns in respect of a particular case, she should bring the details to the attention of my Department.

Any person who considers they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (144)

Brendan Griffin

Question:

144. Deputy Brendan Griffin asked the Minister for Social Protection if the appeals officer received and reviewed a report (details supplied) before they made a decision on a disability allowance appeal; and if she will make a statement on the matter. [44276/23]

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.

I am advised by the Social Welfare Appeals Office that an Appeals Officer decided to disallow the Disability Allowance appeal of the person concerned by way of a summary decision on 11 September 2023. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts, or where there has been a change of circumstances which has come to notice since the date of the Appeals Officer's original decision.

In light of the evidence submitted by the Deputy the Department has been requested to return the file to the Social Welfare Appeals Office. On receipt of this file, the Appeals Officer will review the case. The person concerned will be contacted when the review of her appeal has been finalised.

European Court of Justice

Questions (145)

Mark Ward

Question:

145. Deputy Mark Ward asked the Minister for Social Protection if she will provide details of the judgements made against Ireland in the Court of Justice of the European Union in each of the past five years in respect of matters which are the responsibility of her Department; the nature of the cases and judgements in question; the total amount in euro of fines and/or penalties paid to date associated with each adverse finding broken down by amount paid by day, week, month and so on, as per the judgement; the remedial procedures, if any, that have been undertaken by the State to address each of the judgements; and if she will make a statement on the matter. [44338/23]

View answer

Written answers

There have been no judgements made against Ireland in the Court of Justice of the European Union over the past five years in respect of matters which are the responsibility of the Department of Social Protection. Therefore, my Department has not paid any fines and/or penalties in the last 5 years.

I trust this clarifies the position for the Deputy.

School Meals Programme

Questions (146)

Robert Troy

Question:

146. Deputy Robert Troy asked the Minister for Social Protection if she will urgently review a school meals project application by a school (details supplied). [44343/23]

View answer

Written answers

The School Meals Programme provides funding towards the provision of food services to some 1,700 schools and organisations benefitting 300,000 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.

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 schools from September 2023.

Entry to the School Meals Scheme has been confined to DEIS schools in addition to schools identified by the Department of Education as having levels of concentrated disadvantage meaning that their students would benefit from access to the School Meals Programme.

Since my appointment as Minister for Social Protection, I have increased the number of schools with access to the Hot School Meal option from 37 to 1,100. 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 programme, all remaining primary schools were contacted and requested 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 understand an application for school meals funding was submitted by the organisation recently and was subsequently disallowed as funding for food clubs is not available for pre-school organisations under the school meals programme.

As the school referred to is a preschool, I am assuming that the pilot referred to is that introduced by the Minister for Children, Equality, Disability, Integration and Youth last year, which involved €150,000 in funding for a scheme to pilot the provision of meals, including hot meals, to children in early learning and childcare settings. Any further steps regarding the meal programme for preschools is a matter for the Minister for Children, Equality, Disability, Integration and Youth.

I trust this clarifies the matter.

Social Welfare Payments

Questions (147)

Thomas Pringle

Question:

147. Deputy Thomas Pringle asked the Minister for Social Protection if a pension will be introduced for foster carers, who look after thousands of vulnerable children in the State, many of whom have a range of complex needs and who get limited healthcare support due to the lack of available services; and if she will make a statement on the matter. [44376/23]

View answer

Written answers

Matters related to foster caring are the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth, and for Tusla. This Government acknowledges the important role that carers, including Foster carers, play and is fully committed to supporting them in that role. Accordingly, the current State Pension (Contributory) system provides measures including PRSI credits, Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate. Foster carers are entitled to the benefits of the Homemaker’s Scheme or HomeCaring Periods and will qualify if the carer is in receipt of Child Benefit. If the foster carer is not in receipt of Child Benefit, they can still qualify for Homemaker’s Scheme or HomeCaring Periods provided the caring periods are confirmed by Tusla. Despite these measures, some long-term carers of incapacitated dependents may still face barriers in accessing the State Pension (Contributory). They may for example have difficulty establishing the minimum number of 10 years' paid contributions.I announced a series of landmark reforms to the State Pension system last September in response to the Pensions Commission’s recommendations.An important reform agreed by Government is enhanced State Pension provision for people who have been caring for incapacitated dependents for over 20 years. It will do this by attributing the equivalent of a paid contribution to long-term carers to cover gaps in their contribution record. Foster Carers who have cared for an incapacitated dependent or dependents for over 20 years will also benefit from this important change.My officials are currently working to implement these reforms.I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (148)

Mairéad Farrell

Question:

148. Deputy Mairéad Farrell asked the Minister for Social Protection if she will make the benefit payment for 65-year-olds a qualifying payment for the fuel allowance; and if she will make a statement on the matter. [44413/23]

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Written answers

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €412 million in 2023. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

Qualifying payments for fuel allowance are those payments that are considered long-term payments and an applicant must also satisfy a means test. People on long-term payments are unlikely to have additional resources of their own and are more vulnerable to poverty, including energy poverty. It is for this reason that the Department allocates additional payments, supports and resources to help this cohort of claimants.

The Benefit Payment for 65 Year Old's is a short-term payment for people aged 65 who have ceased employment or self-employment and who satisfy the pay-related social insurance (PRSI) contribution conditions. It is not a means tested payment. Accordingly, it is not a qualifying payment for receipt of fuel allowance.

Any decision to include the Benefit Payment for 65 Year Old's as a qualifying payment for Fuel Allowance would be a fundamental change to scheme policy and would have to be carefully considered.

Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential need which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (149)

Brendan Griffin

Question:

149. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a fuel allowance application by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [44421/23]

View answer

Written answers

The person in question is in receipt of an Invalidity Pension from my Department. An application for Fuel Allowance under the National Fuel Scheme was received on 13 September 2023. They were found eligible for fuel allowance with effect from 14 September 2023. A notification of this allowance decision issued to them on 30 September 2023.

The person concerned has opted for payment in two instalments for the 2023/24 fuel season and the first lump-sum payment issued to their nominated bank account on 5 October 2023.

I hope this clarifies the position for the Deputy.

Legal Aid

Questions (150)

Carol Nolan

Question:

150. Deputy Carol Nolan asked the Minister for Justice to outline the current criteria which apply to the granting of criminal legal aid; to state or estimate the number of applications which are made and accepted or refused in each year; whether she has any intention to review the legislation in this area; and if she will make a statement on the matter. [44225/23]

View answer

Written answers

The Criminal Justice (Legal Aid) Act, 1962, is the primary legislation covering the operation of the Criminal Legal Aid Scheme and gives effect to the Constitutional right that legal aid may be granted for the defence of persons with insufficient means in criminal proceedings.

Under the Scheme, the courts, through the judiciary, are responsible for the granting of legal aid.  An applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal aid themselves.  The 1962 Act specifies that the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid.  Criminal prosecutions originate in the District Court and if so satisfied, the Judge will grant a criminal legal aid certificate. 

In addition, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance to be given it free when the interests of justice so require.

The Deputy will appreciate that the Criminal Legal Aid Scheme must operate with due regard to these human and constitutional rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution. 

The assignment of solicitors or the granting of legal aid are matters for the court and, as such are handled by the judiciary on the applicant's appearance in court. There is no limit to the number of times that a person can be granted legal aid under the Scheme.  Whether or not an applicant has received legal aid previously is not a consideration in determining eligibility for legal aid and such information is not recorded by the Courts Service. An eligible applicant is entitled to legal representation for each case before the courts and their previous convictions are not a factor for the granting of criminal legal aid.    

I can advise the Deputy that the current scheme is under review within my Department and the General Scheme of the Criminal Legal Aid Bill was published in July this year. 

The key purpose of the Bill will be to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to otherwise update the administration of criminal legal aid.  It is not intended, under the Bill, to change the existing grounds determining  access to criminal legal aid.

As assignment of solicitors or the granting of aid are matters for the Court, it is not possible to provide the data requested by the Deputy on the number of applications which are made and accepted or refused in each year.  As the Deputy will appreciate management of the courts, operational matters and logistical functions are the responsibility of the judiciary and the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

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

Citizenship Ceremonies

Questions (151, 152)

Carol Nolan

Question:

151. Deputy Carol Nolan asked the Minister for Justice the number of citizenships granted to persons not born within the State in each year from 2000 to date; and if she will make a statement on the matter. [44227/23]

View answer

Carol Nolan

Question:

152. Deputy Carol Nolan asked the Minister for Justice the number of citizenship ceremonies held in each year from 2000 to date; the total number of persons who have been granted citizenship at such ceremonies; and if she will make a statement on the matter. [44228/23]

View answer

Written answers

I propose to take Questions Nos. 151 and 152 together.

Unfortunately, my Department do not compile statistics in the manner requested by the Deputy. However, I can confirm that the majority of applicants for naturalisation were born outside of the State.

Citizenship Ceremonies were first introduced in 2011 in order to mark the occasion of the granting of citizenship in a dignified and solemn manner.

Since 2011 a total of 171 Citizenship Ceremonies have been held, with approximately 109,000 people from over 180 different countries been granted Irish citizenship.

The Deputy may wish to also note, that since 2011, over 165,000 people have received Irish citizenship. This figure is inclusive of minor applicants who do not need to attend a Ceremony and applicants who received citizenship via the declaration process introduced in response to the COVID pandemic.

Question No. 152 answered with Question No. 151.

Immigration Policy

Questions (153)

Willie O'Dea

Question:

153. Deputy Willie O'Dea asked the Minister for Justice if she is aware that there is a 15-16 week waiting time for immigration appointments in Limerick city; if there is a plan in place to deal with this significant backlog; and if she will make a statement on the matter. [44236/23]

View answer

Written answers

As the Deputy is aware, the Garda National Immigration Bureau (GNIB) has oversight of the registration and renewal of immigration permissions for persons residing outside of the Dublin area.

The responsibility of the registration function at Immigration Offices outside of the Dublin Metropolitan Region rests with local Superintendents or the relevant Detective Superintendent.

The waiting time for appointments outside of Dublin is dependent on the demand for registrations in each office, and fluctuates based on seasonal demands and other variations.

I have sought the information requested from the Garda Commissioner and I will write to the Deputy directly once the information is received.

Domestic, Sexual and Gender-based Violence

Questions (154)

Holly Cairns

Question:

154. Deputy Holly Cairns asked the Minister for Justice to outline the process which will be undertaken for appointing the board for Domestic, Sexual and Gender-Based Violence Agency; and whether the recruitment, assessment and selection process will be conducted by the Public Appointment Service. [44301/23]

View answer

Written answers

As the Deputy is aware, the Government has agreed to establish a dedicated statutory agency that will be charged with co-ordinating the Government’s response to domestic, sexual and gender-based violence (DSGBV).

The agency will have a range of responsibilities including the funding and commissioning of DSGBV services, supporting the delivery of refuges and co-ordinating the implementation of the Third National Strategy on DSGBV.

This new agency will be tasked with ensuring the delivery of excellent services to victims of DSGBV, and with driving and coordinating the implementation of the national strategy across Government.

It will bring the dedicated and expert focus that is needed to tackle the serious and complex societal problem of DSGBV. Its main functions, as set out in the Bill to establish the agency, include:

• planning, commissioning and funding DSGBV services;

• overseeing and supporting the provision of refuge accommodation for victims;

• setting standards for services and refuges, and monitoring adherence;

• disseminating information on DSGBV, and leading and supporting awareness-raising campaigns;

• conducting, commissioning and supporting research;

• supporting, co-ordinating and reporting on the implementation of the Strategy; and

• assisting the Minister in developing future DSGBV strategies.

The Bill to establish this Agency is a top Government priority under the autumn legislative programme.

The Board will be appointed by, and report to, the Minister for Justice, following an open and competitive process undertaken by the Public Appointments Service. 

The Board will include a chairperson and six ordinary members with experience in DSGBV matters, governance/public management, and other matters relevant to the functions of the agency.

Members will be appointed for a period of either three or four years, after which the Minister may, at his or her discretion, reappoint a member for a further period.  That is subject to no Board member serving for more than seven years in total, which is consistent with best practice in corporate governance.

European Court of Justice

Questions (155)

Mark Ward

Question:

155. Deputy Mark Ward asked the Minister for Justice if she will provide details of the judgements made against Ireland in the Court of Justice of the European Union in each of the past five years in respect of matters which are the responsibility of her Department; the nature of the cases and judgements in question; the total amount in euro of fines and/or penalties paid to date associated with each adverse finding broken down by amount paid by day, week, month and so on, as per the judgement; the remedial procedures, if any, that have been undertaken by the State to address each of the judgements; and if she will make a statement on the matter. [44335/23]

View answer

Written answers

In respect of matters which are the responsibility of my Department, the European Commission referred Ireland to the Court of Justice of the European Union (CJEU) in relation to three infringement cases in the time period specified.

These are in respect of:

• Council Framework Decision 2009/829/JHA on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

• Council Framework Decision 2008/909/JHA of on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union 

• Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.                                                                                         

As requested by the Deputy, further details are outlined below.

On 26 February 2021, the European Commission notified infringement procedures against Ireland for failure to notify of the transposition of Framework Decision 2009/829/JHA. Prior to notification, Ireland had transposed the directive by means of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020, commenced on 5 February 2021. The Commission was notified of the transposition via THEMIS and on 1 April 2021 a letter was issued to the Commission formally requesting the closure of this infringement.

This infringement was referred to the CJEU on 3 December 2022, C-126. The Commission confirmed that the proceedings should continue to judgment on the basis that the transposition was not complete before the expiry of the reasoned opinion period in 2019.

The Court judgment was received on 24 March 2022. The Court made the declaration sought by the Commission that Ireland had been in default of its obligations at the time of the expiry of the reasoned opinion. The Court noted that "the Commission confirmed, in its reply, that it did not intend to make any complaints against Ireland other than the failure to transpose and notify within the period laid down in the reasoned opinion". This was the first referral to the Court and therefore there was no financial penalty.

In relation to Framework Decision 2008/909/JHA, The European Commission commenced infringement proceedings on 25 January 2019, subsequently issued a Reasoned Opinion on 25 July 2019, and referred the matter to the CJEU in December 2020, C-125. The CJEU made a declaration in respect of non-transposition on 24 March 2022.

The Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 is the relevant transposing legislation. It was signed into law on 1 March 2023 and a commencement order was signed on 2 May 2023, appointing 3 May 2023 as the date it came into effect. This completes transposition and the Commission has been notified accordingly.

On July 16, 2020, the ECJ imposed a fine of €2m for failing to transpose Directive (EU) 2015/849.  As the Deputy will appreciate, this is a complex area of law and unlike many other member states Ireland requires primary legislation to transpose provisions of EU legislation with criminal penalties. Directive 2015/849 represented a complete restatement of the EU law on money laundering.  It is important to note that all aspects of the Directive are now in place and operational in Ireland.

The Directive was given effect in Ireland, following very careful analysis and consideration, by a series of amendments to the existing Criminal Justice (Money Laundering & Terrorist Financing) Act 2010 and by highly-technical Regulations from the Department of Finance.

The Court’s decision related to a delay in implementing the Fourth Money Laundering Directive, dating to a period between July 2017, and the enactment of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act in November 2018.  The Department of Justice and the Department of Finance subsequently provided for a number of additional measures by Regulation following detailed discussions with the Commission. The Court’s decision recognises that even though Ireland had not completed the transposition of the Directive by June 2017 as required, Ireland had done so before this case was brought before the Court.

An Garda Síochána

Questions (156, 157, 158, 159)

Holly Cairns

Question:

156. Deputy Holly Cairns asked the Minister for Justice the number of gardaí serving in Schull Garda station, by rank, full-time or part-time status; the areas covered by the Garda station; and the population of the areas covered. [44382/23]

View answer

Holly Cairns

Question:

157. Deputy Holly Cairns asked the Minister for Justice the number of gardaí serving in Bantry Garda station, by rank, full-time or part-time status; the areas covered by the Garda station; and the population of the areas covered. [44383/23]

View answer

Holly Cairns

Question:

158. Deputy Holly Cairns asked the Minister for Justice the number of gardaí serving in Clonakilty Garda station, by rank, full-time or part-time status; the areas covered by the Garda station; and the population of the areas covered. [44384/23]

View answer

Holly Cairns

Question:

159. Deputy Holly Cairns asked the Minister for Justice the number of gardaí serving in Castletownbere Garda station, by rank, full-time or part-time status; the areas covered by the Garda station; and the population of the areas covered. [44385/23]

View answer

Written answers

I propose to take Questions Nos. 156 to 159, inclusive, together.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the distribution and stationing of the Garda Síochána throughout the State. As Minister, I have no role in these independent functions. 

For the Deputy's information, and in the interest of transparency, detailed statistics on Garda workforce numbers are published on gov.ie and are updated regularly by my Department from information provided by An Garda Síochána. The statistics can be accessed using the following link:

www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/.

As the Deputy will also be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of population statistics. As the Deputy may also be aware the Census of Population 2022 provides a breakdown of the population by Electoral Division, County and City.

Further information can be found at the following:

www.cso.ie/en/statistics/population/censusofpopulation2022/.

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