Written Answers Nos. 79-90
79. Deputy Mark Ward asked the Minister for Social Protection in the scenario where a person is homeless and trying to avail of a social welfare allowance but they do not have an address and are not staying in homeless accommodation, how they can avail of their social welfare payment; and if she will make a statement on the matter. [49029/23]
View answerMy Department is acutely aware of the challenges faced by people who are homeless. A protocol is in place to ensure a customer-centric and effective approach is applied where individuals and families who are homeless seek assistance and services from the Department of Social Protection in any location across the Country. While the protocol is current, it is under review and an updated version is expected to be finalised in the near future.
A person does not need a permanent address to apply for a social welfare payment or service, or to receive a social welfare payment. Applications for a social welfare scheme can be made at any Intreo centre. Where the person has an immediate need they may apply for a payment under the Supplementary Welfare Allowance Scheme and can be paid without a permanent address.
People who are homeless are advised to register with their Local Authority and to engage with the relevant services available to them, for example, the Homeless Action Team / Housing Assistance Payment Section.
If the Deputy has a specific case in mind, the details can be forwarded to the Department for review of the individual circumstances.
80. Deputy Denis Naughten asked the Minister for Social Protection the number of non-resident increase for a qualified adult, IQA, recipients where the primary payment is the State contributory pension; the annual value of such IQA payments in 2021, 2022 and to date in 2023; the annual value of all secondary means-tested entitlements issued to non-resident State contributory pension recipients and the associated IQA recipients in 2021, 2022 and to date in 2023; the plans if any she has to means-test such payments in light of the fact that eligibility in Ireland is determined by such criteria; and if she will make a statement on the matter. [49041/23]
View answerI am informed by my officials that this analysis will take some time to compile. My officials will therefore send the requested information directly to the Deputy as soon as it is available.
81. Deputy Brendan Griffin asked the Minister for Justice what the implications are for the State if a cap on the numbers of asylum seekers and Ukrainian refugees is introduced; and if she will make a statement on the matter. [49030/23]
View answerThe State is required to examine the application of anyone who is at the border of the State or is in the State and indicates they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law. Ireland is a signatory to the 1951 United Nations Refugee Convention and its 1967 Protocol.
The International Protection Act 2015 governs the international protection process in Ireland, which includes refugee status determination and subsidiary protection in accordance with Ireland's obligations under the 1951 UN Convention and EU asylum law. Neither the 1951 Convention nor the the EU law allows for the possibility of a cap on numbers of persons entitled to seek international protection, as this would not be in accordance with the fundamental aims of such measures.
The EU Temporary Protection Directive (2001/55/EC) establishes the minimum standards for giving temporary protection in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin. It was activated by an EU Council Decision in March 2022 in response to the war in Ukraine. The Council Decision defines those who are eligible for Temporary Protection, but neither the Council Decision, nor the Temporary Protection Directive allow for a cap on the number of applicants.
My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively while ensuring the integrity of Ireland's rules-based immigration system is maintained.
82. Deputy Alan Kelly asked the Minister for Justice the number of gardaí who successful completed Garda van/personnel carrier course within Tipperary division to date in 2023; and the duration of this course. [48861/23]
View answerAs the Deputy is aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling the administration and business of An Garda Síochána, including the deployment of Garda resources and training of Garda personnel. As Minister, I have no direct role in these matters.
I am advised by the Garda authorities no Garda members in the Tipperary Division have completed the van/personnel carrier course to date in 2023.
83. Deputy Duncan Smith asked the Minister for Justice to outline what threshold, if any, is applicable for the increasing of maintenance fees and fees for sinking funds for apartment owners; what protections, if any, are available to apartment owners to ensure exorbitant fee increases are capped, especially as many owners are struggling to pay these increases; if parking spaces can be revoked if payment is not received by a certain date (details supplied); and if she will make a statement on the matter. [48878/23]
View answerThe Multi-Unit Developments Act 2011 (MUDs Act), reformed the law relating to the ownership and management of common areas of multi-unit developments, and aims to facilitate the fair, efficient and effective management of Owner Management Companies (OMCs).
The MUDs Act includes provisions relating to:
• the setting of the annual service charge payable by apartment owners in a MUD;
• the establishment of a sinking fund, to fund any non-recurring expenditure; and
• the development of house rules for the operation and maintenance of their multi-unit development.
Under Section 18 of the MUDs Act, the OMC must establish and maintain a scheme for annual service charges to fund ‘ongoing expenditure reasonably incurred’ on the maintenance, insurance and repair of common areas within its control and for the provision of common services (security, legal, accounting etc.) to unit owners. The owner of each unit in a multi-unit development is obliged to pay all service charges so levied. However any such charge must first be approved by a general meeting of the members of the OMC.
The proposed annual service charge amount can be amended by a vote of 60 per cent of those present and voting at the meeting. Where the estimated service charge for the coming year is disapproved by at least 75% of those present and voting, the proposed service charge will not be levied, and the previous year’s charge will continue to apply until a new service charge for the coming year is approved. Furthermore, subsection (13) of section 18 of the MUDs Act provides that the annual service charge must be calculated on a transparent and fair basis.
Under section 19 of the MUDs Act, the OMC must establish a sinking fund for the purpose of ‘discharging expenditure reasonably incurred’ on refurbishment, improvement, or maintenance of a non-recurring nature, of the multi-unit development. Each member of the OMC is obliged to pay a contribution amount of €200 per annum to the sinking fund, or such other amount as may be agreed by the members of the OMC.
In addition, it should be noted that Section 23 of the MUDs Act provides that an OMC may make House Rules for the effective operation and maintenance of the multi-unit development. These Rules must be consistent with covenants under the title documentation for the development and be made with the objective of advancing the quiet enjoyment of the property by unit owners and ensuring that the rights and obligations of unit owners and occupiers are balanced in a fair and equitable manner. In that regard, the Rules could concern matters such as arrangements for payment of charges and management of parking spaces. However, the rules must first be agreed by a meeting of members of the OMC.
Finally, the MUDs Act acknowledges the risk of disputes arising in the enforcement of rights and the performance of obligations imposed by its provisions and makes provision for the resolution of such disputes. For example, section 24 provides that a person, including any member of an OMC, may apply to the Circuit Court for an Order to enforce any rights conferred or obligations imposed by the Act. Section 24(2) allows the Court to take into account whether the parties have tried to resolve their differences by mediation or other alternative dispute resolution. While section 27 provides for court-directed mediation if the court considers that a ‘mediation conference’ between the parties would assist in reaching a settlement of the matter.
84. Deputy Eoin Ó Broin asked the Minister for Justice further to Parliamentary Question No. 298 of 27 November 2018, if she has any plans to amend section 19A of the Criminal Law (Sexual Offences) Act 2017. [49012/23]
View answerProtecting and supporting victims of sexual violence is a priority for me and my Department and I am keenly aware of the devastating physical and emotional consequences such crimes have on victims.
The issue of the disclosure of counselling records is a complex one. To strike a balance between conflicting rights, section 19A of the Criminal Evidence Act 1992 was enacted. Whilst section 19A permits an accused person to make an application to the court for the disclosure of counselling records, it also allows the victim to object to the disclosure of their counselling records. If a victim objects to the disclosure, the judge will examine the counselling records and decide if there is relevant information to be disclosed to the defence. The victim will be legally represented at a disclosure hearing and is entitled to have a solicitor or barrister engaged by the Legal Aid Board to act on their behalf.
Even where a court orders disclosure, it may impose any condition it considers necessary in the interests of justice and to protect the privacy of any person. These include a condition that part of the record be redacted, that the record not be disclosed to any other person without leave of the court, that no copies be made of it, that the record be viewed only at the offices of the court, that the record be returned to the holder, and that it be used solely for the purpose of the criminal proceedings.
Similarly, if a victim does not object to the disclosure of their counselling records, the disclosure is still made under strict conditions. The prosecution requires undertakings from the defence as to how the records will be held and used. For example, the records may not be copied or distributed to anybody else, they may be consulted only in certain settings, and they must all be returned to the Office of Director of Public Prosecutions.
The O’Malley Review of Protections for Vulnerable Witnesses, completed in 2020, did not recommend any changes to section 19A . It recommended that the existence of section 19A be brought to the attention of victims and any persons advising them so that victims are aware of their right to object to the disclosure of counselling records. Relevant statutory agencies are complying fully with this recommendation.
I can advise the Deputy that there is an action under the Third National Strategy on Domestic, Sexual and Gender Based Violence for the Department of Health to examine and review the rationale for the disclosure of counselling notes as part of court proceedings, including a victim/survivor perspective.
I know scoping work for this action has commenced, including preliminary discussions with Dublin Rape Crisis Centre and an academic expert, with further meetings planned, including with the Director of Public Prosecutions ahead of the establishment of an inter-departmental working group.
Further work is underway in my Department to support and protect victims of sexual crimes. I intend to publish the Criminal Law (Sexual Offences and Human Trafficking) Bill this month which will implement more O’Malley Review recommendations, including:
- Extending victim anonymity to further categories of victims;
- Exclusion of the public from sexual offences trials;
- Repealing provisions for sentences to be delivered in public; and
- Extending legal representation for victims.
85. Deputy Eoin Ó Broin asked the Minister for Justice if there is a commitment that the UN Second Optional Protocol will be ratified following the enactment of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023. [49013/23]
View answerThe Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which I published in July, will remove the final obstacles to ratification of the Protocol. The Bill will deal with the issues relating to extra-territorial jurisdiction and amend the Criminal Justice (Mutual Assistance) Act 2008 by the insertion of the Second Optional Protocol to the list of international agreements to which the Act of 2008 applies to ensure that Ireland is compliant with the requirements of the Protocol.
Once the outstanding legal obstacles have been removed, ratification of the Second Optional Protocol is a matter for my colleague the Minister for Children, Equality, Disability, Integration and Youth.
86. Deputy Alan Kelly asked the Minister for Agriculture, Food and the Marine if a food-related trade mission to the United Arab Emirates is scheduled for early in the new year. [48858/23]
View answerMy Department is currently developing its 2024 Ministerial led agri-food trade mission schedule but at this time I do not plan to visit the United Arab Emirates (UAE) in 2024.
The World Trade Organisation (WTO) 13th Ministerial Conference (MC13) is currently scheduled to take place in the UAE in February 2024. The agenda for this Ministerial Conference is still being finalised. Participation in this Ministerial Conference is not yet decided. However, as it may provide opportunities to develop a programme of trade promotion events as part of any such visit, I will be keeping this matter under review.
In February 2022 I led a successful Trade Mission to the United Arab Emirates and Saudi Arabia. This Mission included Government to Government discussions and engagements with key Irish customers in dairy, meat, prepared foods, FDI and the horse racing sectors. It also encompassed the Gulf food Trade fair, one of the world's largest food fairs, and the Food, Agriculture and Livelihoods week at EXPO 2020 in Dubai.
My Department, including the Agriculture Attaché in the Irish Embassy in Abu Dhabi and Bord Bia's Middle East/Gulf regional market team, continue to support Irish agri-food businesses in engaging with these markets and to realise the opportunities identified during this trade mission.
87. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he will support a ban on glyphosate (details supplied); if he is aware of the dangers reported about this very controversial pesticide; and if he will make a statement on the matter. [48968/23]
View answerPesticide active substances, such as glyphosate, are assessed centrally at EU level and approved, or not. Plant protection products containing approved active substances are subsequently assessed for specific uses nationally and authorised, or not, using robust scientific evaluation and decision-making criteria.
The EU process to decide whether or not the existing EU-approval of glyphosate can be renewed is ongoing. This approval is due to expire on 15th December 2023. A proposal from the European Commission to renew glyphosate’s approval for ten years is currently being considered.
The Commission’s proposal reflects the outcome of comprehensive assessments and peer review of a very wide range of scientific data by the European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA). The process also included the input of Member State technical experts and numerous stakeholders via public consultations.
Based on the findings from this review, which is the most detailed evaluation of a pesticide substance ever performed in the EU, EFSA reported that it had not identified any critical area of concern regarding impacts on the health of humans, animals and the environment. ECHA reported that the available scientific evidence does not meet the criteria to classify glyphosate as a carcinogenic substance.
The Commission has referred its proposal for a vote by Member State representatives at an Appeal Committee meeting scheduled for 16th November 2023, following an inconclusive vote on 13th October 2023 at the EU Standing Committee dealing with pesticide legislation. Ireland supported the renewal proposal at that meeting, based on the exceptionally detailed scientific assessments completed by EFSA and ECHA.
The Department will continue to be guided by EFSA’s and ECHA’s scientific opinions and conclusions in this regard.
88. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he will publish the advice from the Attorney General that shows how the Attorney General reached the conclusion that the Island Fisheries (Heritage Licence) Bill 2017 is "not compatible with EU regulations supporting the Common Fisheries Policy and the national implementing legislation which gives effect to those provisions"; and if he will make a statement on the matter. [48970/23]
View answer89. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he will publish the briefing and questions provided by his Department to the Attorney General pursuant to which the Attorney General reached the view that the Island Fisheries (Heritage Licence) Bill 2017 is "not compatible with EU regulations supporting the Common Fisheries Policy and the national implementing legislation which gives effect to those provisions"; and if he will make a statement on the matter. [48971/23]
View answer90. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he will identify the "national implementing legislation" that is incompatible with the Island Fisheries (Heritage Licence) Bill 2017; and if he will make a statement on the matter. [48972/23]
View answerI propose to take Questions Nos. 88, 89 and 90 together.
The Island Fisheries (Heritage Licence) Bill 2017 to which the Deputy refers is a Private Members’ Bill first introduced to the Dáil in 2017. It seeks to create a specific system for licensing island fishers to conduct small-scale coastal fishing activities, and the Bill would provide regulatory powers for this purpose.
While communications between my Department and the Attorney General on this matter are confidential and subject to legal privilege, I can confirm that the Attorney General is comprehensively of the view that the Bill is not compatible with EU regulations supporting the Common Fisheries Policy and the national implementing legislation which gives effect to those provisions. This includes the Bill’s incompatibility with the national EU-compliant licensing system for sea-fishing as well as obligatory national quota management, amongst other legal difficulties.
I wish to reassure the Deputy that I recognise the value and importance of maintaining vibrant island and rural sea-fishing communities. I must state that the current sea-fishing boat licensing legislation and procedures already allow residents of Ireland's offshore islands to enter the fishing fleet in the same manner as any other applicant.
In Ireland, fishing quotas are a public resource and are managed to ensure that property rights are not granted to individual operators. The majority of fishing vessels based on our islands are smaller sea-fishing boats which predominately fish inside six nautical miles of the shore for non-quota stocks such as lobster and crab. Quotas for fish stocks are available to small-scale coastal fishers who are licensed to fish for quota stocks such as mackerel and herring, with allocations made available in accordance with Ministerial policy, in order to support smaller vessels.
Consultation on the management of quotas is carried out at the Quota Management Advisory Committee (QMAC) monthly meetings, which involves fishing industry representatives. Smaller vessels are represented by the National Inshore Fisheries Forum (NIFF) on the QMAC, and I formally recognised the Irish Islands Marine Resource Organisation (IIMRO) and the National Inshore Fishermen’s Association (NIFA) as EU Producer Organisations in recent years and appointed both to the QMAC to further advocate on behalf of all small-scale fishers and to influence how Ireland's fish quotas are made available within national policy.
There have been other significant developments since the inception of the Bill in 2017. For instance, I established the Seafood Task Force to analyse in depth the impacts of the EU-UK Trade and Co-operation Agreement (TCA) for the fishing and seafood industries as well as coastal and island communities. The Report of the Seafood Task Force – Navigating Change was published in October 2021 and recommended 16 Brexit support schemes with a cost of €423m. In terms of supports for small-scale and inshore fishers, I launched the Brexit Inshore Fisheries Business Model Adjustment Scheme in 2022. The scheme provided payments to inshore fishers to adapt their business operations to the post-Brexit environment. I opened the scheme again in 2023, with a new suite of training modules and payments matching the first scheme.
The Seafood Task Force also recommended a community-led Local Development Scheme and based on this proposal, I launched the Brexit Blue Economy Enterprise Development Scheme. This is implemented through seven Fisheries Local Action Groups (FLAGs) in order to support entrepreneurial activities in coastal areas and includes upskilling and training. In addition supports such as grant aid, training and on the ground facilitation is provided by Bord Iascaigh Mhara (BIM) to the FLAGs under the European Maritime and Fisheries Fund (EMFF) and a similar programme will be put in place for the FLAGs under the European Maritime, Fisheries and Aquaculture Fund (EMFAF) in the coming months.
I will continue to work in supporting the small-scale fishing sector and to help ensure that sustainable, economic livelihoods are available to those fishing around our coast and residing on our offshore islands.
