Colm Burke
Question:778. Deputy Colm Burke asked the Minister for Social Protection if she will consider a free travel card for a person (details supplied); and if she will make a statement on the matter. [48621/23]
View answerSocial Welfare Benefits
Questions (778)
Written answers
The entitlement of the person concerned to a Free Travel Pass was linked to their former entitlement to Disability Allowance, which ceased in October 2018. Under the Make Work Pay initiative, the person is entitled to retain their Free Travel Pass for a period of 5 years after taking up employment. The 5 year period has now ended and the person's entitlement to Free Travel has accordingly been stopped.
I am pleased to say that in Budget 2024, I secured a significant extension to the Free Travel scheme for people who are medically certified as unfit to drive for a period of at least 12 months. This scheme extension is effective from July 2024 and preparation work is ongoing within my Department.
There will be a publicity campaign in Quarter 2 of 2024 to launch this new extension to the Free Travel scheme and to advise when applications can be submitted. It will be open to the person concerned to apply for this extension to the Free Travel scheme at that stage.
I hope this clarifies the matter for the Deputy.
Social Welfare Benefits
Questions (779)
Louise O'Reilly
Question:779. Deputy Louise O'Reilly asked the Minister for Social Protection if supports are in place to facilitate the purchase of laptops and other necessary IT equipment for people who are long-term unemployed and who need such equipment for education courses to help them re-enter employment; and if she will make a statement on the matter. [48623/23]
View answerWritten answers
My Department does not operate a scheme to support the purchase of laptops and other IT equipment for education courses. As part of the Covid 19 support measures, the Government provided grant funding to the Higher Education Institutions and the Education and Training Boards to provide a targeted laptop loan scheme in each organisation. I would suggest that this matter be raised with my colleague the Minister of Further and Higher Education, Research and Science.
I trust this clarifies the matter for the Deputy.
Departmental Contracts
Questions (780)
Thomas Pringle
Question:780. Deputy Thomas Pringle asked the Minister for Social Protection the number and details of contracts currently held by her Department with a company (details supplied); and if she will make a statement on the matter. [48664/23]
View answerWritten answers
The Department currently holds seven contracts with Deloitte, details of which are set out in the table below.
|
Contract Date |
Contract Purpose |
|
22/08/2022 - 21/08/2024 |
Operating, monitoring, essential maintenance and enhancement of the upgraded Department Integrated Services Connector system |
|
18/05/2022 - 17/05/2024 |
ICT resources to supplement the existing BOM Modelling Development Team to support the on-going requirement to lead BOMi Exploration Projects, design and develop BOMi prototypes for new business object models |
|
01/04/2022 - 31/03/2025 |
Design and associated expert resources to work alongside Department staff in the Department’s Digital Services Team and the Technical teams in Digital Platform Services |
|
01/04/2022 - 31/03/2025 |
ICT Resources to work in the Department’s Digital Platform Production Support and Digital Projects Teams. |
|
01/04/2022 - 31/03/2025 |
Enhance the scalability and stability of the Departments digital platforms while also building out key new platform features. Provide DevOps support to streamline the digital services software development life cycle to improve productivity and code quality. |
|
01/04/2022 - 31/03/2025 |
Provision of resources for the Digital Services MyGovID Team |
|
10/11/2021 - 09/11/2023 |
Resources to work in the Architecture Service Design Team. |
I hope this clarifies the position for the Deputy.
Departmental Contracts
Questions (781)
Thomas Pringle
Question:781. Deputy Thomas Pringle asked the Minister for Social Protection the number and details of contracts currently held by her Department with a company (details supplied); and if she will make a statement on the matter. [48696/23]
View answerWritten answers
My Department currently holds one contract with PWC, details of which are set out in the table below.
|
Contract Date |
Contract Purpose |
|
07/06/2023 –06/06/2025 |
Provision of Advisory Service for refurbishment of Aras Mhic Dhiarmada. |
I hope this clarifies the position for the Deputy.
Departmental Contracts
Questions (782)
Thomas Pringle
Question:782. Deputy Thomas Pringle asked the Minister for Social Protection the number and details of contracts currently held by her Department with a company (details supplied); and if she will make a statement on the matter. [48712/23]
View answerWritten answers
My Department currently holds four contracts with Ernst and Young, details of which are set out in the table below.
|
Contract Date |
Contract Purpose |
|
18/07/2022-17/07/2025 |
External ICT Technical Support Services |
|
25/03/2022 -24/03/2024 |
ICT Resources to work for the Department of Social Protection (DSP) Analytics Community |
|
08/02/2022- 07/02/2024 |
Support the Departments API Development team |
|
24/10/2022–01/12/2023 |
Consultancy services to collaborate with the Automatic Enrolment Programme Management Office |
I hope this clarifies the position for the Deputy.
Social Welfare Eligibility
Questions (783)
John Lahart
Question:783. Deputy John Lahart asked the Minister for Social Protection if the extension of child benefit payment to 18-year-olds who are still in school will apply to those whose 18th birthday falls between now and September 2024; if those families will lose the payment between the child's birthday and September 2024; if not if, they will lose it entirely; and if she will make a statement on the matter. [48722/23]
View answerWritten answers
Child Benefit is a monthly payment to the parents or guardians of children under 16 years of age. Child Benefit can also be claimed for children aged 16 and 17 if they are in full-time education or full-time training or have a disability and cannot support themselves. The extension of Child Benefit to 18-year-olds in full-time education was one of my key priorities as part of Budget 2024.This is a significant change to the Child Benefit payment which will require technical and operational changes to the social welfare system before implementation. For this reason, the change will take effect from September 2024. Where a child in full time education turns 18 in the meantime, they will be covered by the extension from September 2024 until they turn 19.
With many children now starting primary school at age 5, together with the increase in pupils doing transition year, there has been an increase in the number of 18 year olds still in secondary education. I believe the extension of Child Benefit to 18 year olds in full-time education is a long-term change for the better and will support families across Ireland into the future. I hope this clarifies the matter for the deputy.
Social Welfare Appeals
Questions (784)
Brendan Griffin
Question:784. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a carer's allowance appeal by a person in County Kerry (details supplied); and if she will make a statement on the matter. [48821/23]
View answerWritten 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.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21 July 2023. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 1 August 2023.
The case was then referred to an Appeals Officer who will in due course make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing. The Appeals Officer has been contacted to expedite the appeal in this case.
I trust this clarifies the matter for the Deputy.
Social Welfare Eligibility
Questions (785)
Colm Burke
Question:785. Deputy Colm Burke asked the Minister for Social Protection what action her Department is taking to ensure that women engaged in full-time agricultural activities have access to social protection measures, such as maternity benefits; and if she will make a statement on the matter. [48837/23]
View answerWritten answers
Women engaged in full-time agricultural activities will either be liable to pay social insurance contributions as a self-employed contributor under PRSI class S or as an employed contributor under PRSI class A, once their income is over a certain threshold. Contributions made under these PRSI classes entitles a person to a range of social insurance benefits, including Maternity Benefit.
Maternity Benefit is a statutory payment made for 26 weeks to employed and self-employed women who satisfy certain PRSI contribution conditions. The fundamental qualification criteria for Maternity Benefit are that a woman must be in insurable employment and entitled to statutory maternity leave or be in insurable self-employment.
In order to qualify for the payment, a self-employed claimant must have 52 qualifying PRSI contributions paid in either the Relevant Tax Year, the Tax Year prior to the Relevant Tax Year, or the Tax Year following the Relevant Tax Year. If a claimant is now self-employed but was previously in insurable employment, her PRSI contributions in that employment may help her qualify for Maternity Benefit if she does not satisfy the self-employment conditions as outlined.
I trust this clarifies the matter for the Deputy.
Probate Applications
Questions (786, 863)
Paul Murphy
Question:786. Deputy Paul Murphy asked the Minister for Justice if she agrees that in relation to the sale of a home, houses where a grant of probate is not in place should not be advertised for sale; and if she will make a statement on the matter. [48672/23]
View answer
Francis Noel Duffy
Question:863. Deputy Francis Noel Duffy asked the Minister for Justice her views on the practice of properties being advertised for sale where probate has not been granted, leading to long delays for purchasers; and if she will make a statement on the matter. [48699/23]
View answerWritten answers
I propose to take Questions Nos. 786 and 863 together.
Preventing the advertising for sale of properties prior to the granting of probate could in itself add undue delay to the process of selling properties by executors. The sale of properties can involve a series of steps usually starting with a decision to sell, the appointment of an estate agent or auctioneer, a non-binding agreement to purchase (generally known as going “sale agreed”). This is typically followed by the investigation of title where the seller’s solicitor provides detailed evidence of title to buyer’s solicitor, who checks it and raises detailed queries for reply by seller’s solicitors. Since the introduction of the PCIT (Pre-contract investigation of title) process in recent years, checks on title are concentrated in this stage: formerly, they were mainly post-contract. There are, however, further post-contract checks.
Requiring the granting of probate in relevant cases prior to advertising a sale would add a fixed constraint to this process that would prevent movement on other aspects of the process. As the granting of probate can be straightforward in most cases, it is difficult to see how this constraint would be of overall benefit to the process of transferring properties. It is important to emphasise that as Minister for Justice, I have no role in the exercise of Probate functions. The Probate Office is an office of the High Court, and management of the courts is the responsibility of the Courts Service and the Judiciary, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie. I can, however, assure the Deputy that every effort is made by the Courts Service to ensure that probate services are adequately supported with staff, training and other resources and that the public are assisted in dealing with what can be a complex and sensitive matter.
The Courts Service is currently implementing a 10-year programme of modernisation of the Courts system. An eProbate project has been identified as part of the civil law modernisation workstream of this programme and an initial budget has recently been allocated to the Courts Service to facilitate the commencement of the project. I have further secured an additional funding allocation for the Courts Service as part of Budget 2024 to facilitate the delivery of eProbate in 2024. At the same time, the Courts Service is aware of its need to reduce waiting times while the eProbate project is under way. In this regard, it has prioritised the recruitment of additional staff to help in this task. It is envisaged that eProbate will include a single point of contact for all applications for Probate in the State. In addition, one of the main reasons for delays is the number of invalid applications received in the Probate Office. It is intended that as part of the development of the new system, the application process will be simplified for users and there will be reduced opportunities for errors, thereby speeding up the process. In addition, by reducing the number of invalid applications, the development of the new system will allow staff resources to be better utilised in processing other applications for the benefit of the public.
International Protection
Questions (787)
Catherine Connolly
Question:787. Deputy Catherine Connolly asked the Minister for Justice her plans to extend the 2001 Temporary Protection Directive to Palestinian nationals living in Gaza, the West Bank and East Jerusalem; the representations she has made at EU level in this regard; and if she will make a statement on the matter. [48777/23]
View answerWritten answers
My Department and I are keenly aware of the grave humanitarian crisis in Gaza and are working closely with colleagues in the Department of Foreign Affairs to ensure a coordinated national response to this volatile and evolving situation. This includes their work to evacuate Irish citizens and their families who may require visa assistance.
Ireland also strongly supports UNRWA, which does exceptional work under difficult circumstances to provide services to Palestinian refugees.
As the Deputy will be aware, the Taoiseach attended the European Council meeting on 25-26 October at which Heads of State and Government discussed the situation on the ground, called for adherence to international law, and for unhindered humanitarian access.
Insofar as the Temporary Protection Directive is concerned, this Directive is applicable to what is defined as a "mass influx" into the EU of displaced persons from third countries who are unable to return to their country of origin, in particular where there is a risk to the operation of the asylum system, circumstances which do not apply at this time in this instance. Activation of the Protection Directive requires a proposal from the EU Commission and a majority decision by the Council of the EU.
Victim Support Services
Questions (788)
Jennifer Murnane O'Connor
Question:788. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if the review of the current two-year allowable timeframe for making a claim to the Criminal Injuries Board compensation scheme has been completed; if anyone who was outside the timeframe may apply at a date in the future; if the two-year limit is in force for minors; and if she will make a statement on the matter. [47187/23]
View answerWritten answers
As the Deputy will be aware, the Criminal Injuries Compensation Scheme is in place to help those who have suffered personal injuries as a result of a violent crime committed against them. The scheme is administered by the Criminal Injuries Compensation Tribunal which is independent in making decisions on individual applications and in its decisions on appeals.
Currently, paragraph 20 of the Scheme provides that applications for compensation should be made as soon as possible and must be made in writing within 3 months from the date of the incident causing the injury. However, the Tribunal can, in exceptional circumstances, accept late applications up to a maximum period of 2 years following the incident.
The Deputy should note that it is my intention to bring a Memorandum to Government before the end of the year seeking the Government’s approval to amend the Scheme. The envisaged amendment concerns the treatment of late applications in certain categories since the commencement of the revised Scheme in April 2021. Subject to the Government’s approval, I will be in a position to announce details of the new arrangements.
In the case of minors the position under the Scheme is that where the applicant was a minor at the time of the event giving rise to the injury criminally inflicted, the time limits in place commence from the moment the applicant reaches the age of majority (that is, 18 years of age).
Visa Applications
Questions (789)
Colm Burke
Question:789. Deputy Colm Burke asked the Minister for Justice when a decision is likely to be reached on a visa extension application (details supplied) in view that the visa is due to expire on 30 October 2023; and if she will make a statement on the matter. [47272/23]
View answerWritten answers
The person referred to by the Deputy was granted an extension of their Stamp 1G immigration permission (Third Level Graduate Programme) for a period of 4 months on 26 October 2023. This permission is valid until 26 February 2024 and has been granted to afford the person an opportunity to acquire an employment permit during this time.
Any non EEA National seeking to work in Ireland must have an employment permit granted by the Department of Enterprise, Trade and Employment or an in date immigration permission granted by my Department.
The person concerned should now make arrangements to register the Stamp 1G immigration permission granted with their local immigration office, if not already done so.
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 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 e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
EU Directives
Questions (790)
Seán Canney
Question:790. Deputy Seán Canney asked the Minister for Justice if she will consider not turning the clocks back one hour this winter to facilitate persons who suffer from seasonal affective disorder; and if she will make a statement on the matter. [47307/23]
View answerWritten answers
Since 2001, summer time arrangements in the EU have been governed by EU Directive 2000/84/EC which sets out the obligation on all Member States to switch to summer time on the last Sunday of March and to switch back to their standard time (winter time) on the last Sunday of October.
Following a resolution of the European Parliament in 2018, the European Commission proposed a change to this arrangement, under which:
• The last mandatory change to summer time would take place on 28 March 2021, after which
• Member States who wish to remain on winter time would make one last seasonal clock change on 31 October 2021. This decision was to be notified to the Commission by 1 April 2020.
• Members States would remain free to choose their standard time, on the condition that they give 18 months’ notice to the Commission.
Ireland’s consistent position at the EU Transport, Telecommunications and Energy (TTE) Council has been that it will not support the proposal. A major consideration is the possibility that the proposal could lead to the imposition of two time zones on the island. More generally, in the context of the EU proposal, Ireland’s position, along with a number of other Member States, has reflected concern that the proposal could reduce synchronicity and result in a ‘patchwork’ of time zones across the EU, thereby causing unnecessary confusion in the Single Market. Ireland has supported the carrying out of a full impact assessment of this proposal prior to any final decisions being taken at EU level.
Discussions with Members States on the proposal are on-going via the TTE Council.
Illicit Trade
Questions (791)
Noel Grealish
Question:791. Deputy Noel Grealish asked the Minister for Justice the number of people who have been prosecuted for illegally selling coal in Ireland in each of the years 2019 to 2022; and if she will make a statement on the matter. [47309/23]
View answerWritten answers
I am advised that the regulation of solid fuel environmental standards is provided for by the Air Pollution Act 1987 (Solid Fuels) Regulations 2022. Enforcement of the State’s environmental standards for solid fuels, including restrictions on the marketing, distribution, sale and use of smoky fuels, is the responsibility of Local Authorities.
Local Authorities have relevant powers to enable them to take various actions, including prosecution, against anyone engaged in the sale, marketing, distribution or use of solid fuels that do not meet the environmental standards set out in the Air Pollution Act 1987 (Solid Fuels) Regulations 2022.
More generally, under Section 13 of the Air Pollution Act 1987 (as amended), the Local Authorities are the designated prosecuting authority for offences under the Act. As the Deputy will appreciate, the Local Authorities are independent and, as Minister, I have no role in their operations, functions, oversight or governance. I am unable to provide statistical information related to the work of the Local Authorities as this rests outside of my remit.
Local Authorities remain responsible for taking appropriate enforcement action, while the Revenue Commissioners are responsible for ensuring compliance with carbon tax and VAT requirements.
Artificial Intelligence
Questions (792)
Holly Cairns
Question:792. Deputy Holly Cairns asked the Minister for Justice to detail any ongoing or previous use of artificial intelligence within her Department. [47340/23]
View answerWritten answers
I can inform the Deputy that my Department does not currently use ChatGPT or other GEN AI tools for official business.
Where appropriate, my Department plans to assess the opportunities presented by all digital tools, including AI, to enhance service delivery to customers, in full compliance with National Cyber Security Centre (NSSC) advice, and in line with the Government's AI Strategy, "AI – Here for good."
As with all new technologies, its adoption will be subject to data privacy and other appropriate legislation, and approval by the Department’s internal governance processes.
The Deputy may wish to note that a pilot, rules-based chatbot, delivering FAQ-style responses, is currently operating successfully for customers seeking information on some immigration processes.
As the Deputy will be aware, the National Cyber Security Centre (NCSC) issued guidance to all Government Departments in June of this year in relation to the use of Generative AI. To date, my Department has not contracted any consultancy firms for additional advice on the use of AI.
Prison Service
Questions (793)
Aodhán Ó Ríordáin
Question:793. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the number of days that educational programmes in prisons were prevented from proceeding, including partial or full closures, due to staff shortages or for any other reasons, from 1 October 2022 to date, by prison institution, in tabular form; and if she will make a statement on the matter. [47366/23]
View answerWritten answers
It has not been possible to collate the information requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.
Legislative Measures
Questions (794)
Seán Sherlock
Question:794. Deputy Sean Sherlock asked the Minister for Justice the up-to-date position with the Gambling Regulation Bill 2022; when the Bill will progress through the Houses of the Oireachtas; and if she will make a statement on the matter. [47394/23]
View answerWritten 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 including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps.
At its core, the Bill is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities. The Bill was published and completed Second Stage in Dáil Éireann in December last year, completed Committee Stage on 11 July and my officials are currently preparing for Report Stage.
While the scheduling of Oireachtas business is a matter for the Houses of the Oireachtas, I am hopeful that the Bill will be enacted in the coming months.
Prison Service
Questions (795)
Chris Andrews
Question:795. Deputy Chris Andrews asked the Minister for Justice if she will intervene in the case of a person (details supplied) and arrange for them to be transferred to Loughan House on compassionate grounds. [47424/23]
View answerWritten answers
The Deputy will appreciate that I cannot comment on individual cases however I can advise the Deputy that all sentenced prisoners are reviewed by the Irish Prison Service on an ongoing basis to determine their suitability to progress to a more open regime as part of their rehabilitative journey and in preparation for their release.
I can also advise the Deputy that the strengths, needs and risks of each eligible prisoner are carefully considered when assessing a prisoner’s suitability for transfer to an Open Centre, factors considered in the decision making process are outlined in the Irish Prison Service Open Centre Policy which is available at www.irishprisons.ie – Media Centre – General Publications – Policy Documents – Open Centre Policy.
Immigration Status
Questions (796)
Bernard Durkan
Question:796. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [47463/23]
View answerWritten answers
The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 23 February 2022 and continues to be processed. Unfortunately, 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 e-mail 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 e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Immigration Policy
Questions (797)
Richard Bruton
Question:797. Deputy Richard Bruton asked the Minister for Justice the security checks that are carried out on international applicants immigrating to Ireland; whether the Irish Immigration Service carries out criminal record checks on people arriving from other European countries; and if she will make a statement on the matter. [47466/23]
View answerWritten answers
The State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and gain entry to the State. In performing their duties, an Officer is required to consider all of the circumstances of the individual at the time of entry. Section 4(3) of that Act sets out the full range of grounds on which a passenger may be refused.
Immigration officials conduct passport checks, and run operations as required, to ensure passengers arriving in the State are properly documented in accordance with Section 11 of the Immigration Act 2004.
If a person indicates or is identified as being in need of international protection they are admitted to the international protection process. However, they will still be recorded as a refusal of leave to land.
The International Protection Office (IPO) is responsible for examining all international protection applications received. Each applicant for international protection has their fingerprints checked against the Eurodac system which allows officials to see if a person has previously applied for international protection in another Member State.
The establishment of a person’s identity and nationality is an important feature of our immigration process. This is especially important in the context of persons who enter the Irish State for the purposes of making a claim for international protection.
Any person being considered for a grant of status (refugee status, subsidiary protection or permission to remain) will have a character and conduct check (including checks for criminality) carried out in respect of them before any such status is conferred on them. Any and all criminal convictions are considered when processing an international protection application, including violent crime. An Garda Síochána notify the Department of matters which may be relevant to its considerations.