Written Answers Nos. 266-278
266. Deputy Bernard J. Durkan asked the Minister for Social Protection whether a person (details supplied) receives an adult dependent allowance in respect of his wife as part of his State pension (contributory) payment; and if she will make a statement on the matter. [49216/23]
View answerAn Increase for qualified adult (IQA) is a means-tested payment, payable to social welfare claimants whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them.
In May and October 2023, my Department issued an application form for the IQA to the person concerned. To date, there is no record of receipt of a completed application form from the person concerned.
On receipt of the completed application form, their entitlement will be examined and the person concerned will be notified of the outcome.
I hope this clarifies the matter for the Deputy.
267. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate, notwithstanding Parliamentary Question No. 238 of 19 October 2023, if it can be arranged to transfer the payment of a person's pension to the Post Office, Main Street, Celbridge, County Kildare (details supplied); and if she will make a statement on the matter. [49217/23]
View answerIn order for the person concerned to have their payment paid to the Post office, they are required to submit a written request to the State Pension (contributory) Maintenance Section, Department of Social Protection, College Road, Sligo, F91 T384.
Their letter should include their name, address, PPS Number, preferred Post Office payment location and their signature.
Once again, I would like to reassure the Deputy that all payment change requests are being monitored carefully to ensure they are being processed as quickly as possible.
I hope this clarifies the position for the Deputy.
Question No. 268 was withdrawn.
269. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when jobseeker's allowance will be restored in the case of a person (details supplied); and if she will make a statement on the matter. [49224/23]
View answerThe claim of person concerned was under review, suspended and subsequently closed as the person did not attend their local Intreo Centre.
The address provided by the Deputy with his question is a new address for the person concerned and the Department will now make contact with the person concerned at this address.
I trust this clarifies the matter.
270. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review/appeal can be entertained in the case of the refusal of application for carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [49225/23]
View answerThe 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 on the 15th August 2023. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.
These papers have recently been received from the Department, and the case in question will shortly be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.
271. Deputy Bernard J. Durkan asked the Minister for Social Protection if all payments due, including arrears, have been paid and are up to date in the case of a person (details supplied); and if she will make a statement on the matter. [49226/23]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
I confirm that my Department received an application for DA from the person concerned on 2 December 2022. While the original decision was to disallow the application, following a successful appeal, the person concerned was awarded DA with effect from 7 December 2022. The first payment will be made via their chosen payment method on 15 November 2023.
Arrears of payment due, covering the period back to December, will issue as soon as possible once any necessary adjustments are calculated and applied in respect of any overlapping payments.
The person concerned was notified of this decision in writing on 26 October 2023.
I trust this clarifies the matter for the Deputy.
272. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent, if any, to which a person (details supplied) can continue to obtain partial social welfare payment while their husband/partner gets an increase in employment; and if she will make a statement on the matter. [49227/23]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
Social Welfare Legislation provides that the means test takes account of the income and assets of the person (and spouse/partner if applicable) applying to the relevant scheme. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares, and other investments.
The assessment of means from the spouse/partner of the Disability Allowance recipient is calculated as follows:
The gross income for the year to date divided by the weeks worked are calculated. Following this, deductions for PRSI, Pension Contribution or Union Dues are applied to calculate a net average, assessable weekly income.
There is a disregard of €20.00 per day for up to 3 days worked which is a maximum of €60.00 weekly taken away from the average weekly income. 60% of the balance is then assessed as means. The weekly payment is reduced by any such means assessed.
If there has been a change in the circumstances of the person concerned, they should submit the updated information to the Department for a review of their claim.
I trust this clarifies the matter for the Deputy.
273. Deputy Michael Ring asked the Minister for Justice the position in relation to an application submitted to her Department in August 2023 (details supplied); and if she will make a statement on the matter. [49089/23]
View answerThe Spouse of Irish National (SOIN) application from the person referred to by the Deputy has been approved.
A permission letter issued from the Domestic Residence and Permissions Division on 6 November. The person concerned should register this permission at their local immigration office.
Queries in relation to the status of individual immigration cases may be made directly to the Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
274. Deputy Pauline Tully asked the Minister for Justice her plans to establish a Statutory Inquiry, compliant with international human rights standards, into the arrest, detention, interrogation, prosecution and conviction of persons (details supplied) following the Sallins train robbery in 1976, and encompassing their treatment by the Irish State since, as called for by the Irish Council for Civil Liberties (ICCL). [49109/23]
View answerThe Deputy will be aware that the question she raises relates to an investigation of nearly 50 years ago and which culminated in the courts overturning the convictions of two people in 1980; a pardon for one individual in 1992; and the payment of financial settlements.
There is no doubt that this case cast a shadow on the trust we place in our criminal justice and policing systems to ensure justice is done. It is important to note however that this happened several decades ago and the safeguards which were available at that time to those who were the subject of investigation were very different to those now in place.
It was following on from the work of the Ó Briain and Martin Committees that the Criminal Justice Act 1984 which regulates the treatment of persons in custody, the Garda Síochána (Complaints) Act 1986, and the Criminal Procedure Act 1993 containing a new appeal procedure based on miscarriage of justice, were introduced. The available safeguards have been further and significantly strengthened in the years that followed.
Ireland now has an increasingly robust system of Garda oversight in place and this Government continues to develop and update our oversight processes, including, for example, through the significant work undertaken by my Department in developing the proposals contained in the Policing, Security and Community Safety Bill currently before the Houses.
As I have said previously, I am not aware of any matter of urgent public interest which would warrant reopening the matter, given that the Courts have adjudicated on the cases and a presidential pardon was granted.
The Irish Council for Civil Liberties has submitted a petition to my office which seeks to establish an inquiry into this case. This petition is receiving attention and a response will issue in due course.
275. Deputy Seán Haughey asked the Minister for Justice the number of prosecutions that have been brought under Coco's Law since it was enacted in 2021; and if she will make a statement on the matter. [49114/23]
View answerThe Harassment, Harmful Communications and Related Offences Act 2020 was commenced on the 10th February 2021. Along with other provisions, it created two new offences of sending, or threatening to send, intimate images without the consent of the person, regardless of the motivation for doing so.
It also broadened the existing offence of harassment and provided for a new offence of sending, distributing or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim, which means our legislation now covers harmful once-off communications as well as harassment.
As the Deputy will be aware, prosecutions are a matter for the Director of Public Prosecutions (DPP). The DPP is wholly independent in her functions under the Prosecution of Offences Act 1974 (as amended) and, as Minister, I have no role in the operations, governance or oversight of the Office of the Director, which is funded through the Vote of the Department of the Taoiseach. As a result, I am unable to provide any statistical information related to the work of the DPP.
However, I am advised by the Garda authorities that there have been 329 prosecutions (charges/summons) in relation to 241 incidents under the Harassment, Harmful Communications and Related Offences Act 2020.
Gardaí anticipate that the numbers of prosecutions will continue to rise as further reports are received and the consequent criminal investigations progress.
My Department has also run two linked national awareness campaigns since the new legislation was enacted - one focused on the illegality of sharing intimate images without consent and the other, which was launched in May of this year, focused on the illegality of threatening to share intimate images.
It may also interest the Deputy to know that An Garda Síochána continues to partner with Hotline.ie which has created an online reporting facility that enables victims of intimate image abuse (IIA) to report this type of criminal activity to Gardaí, via the hotline website, while simultaneously making an IIA content removal request.
Where victims request, Gardaí will conduct a thorough criminal investigation with a view to prosecuting offenders, while Hotline will engage with the relevant service provider to seek the removal of the harmful content reported.
276. Deputy Éamon Ó Cuív asked the Minister for Justice when the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 will be fully implemented so that transfers of prisoners can take place from other EU states, from Britain and from Northern Ireland; and if she will make a statement on the matter. [49154/23]
View answerThe Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (the “2023 Act”) was signed into law on 1 March 2023 and was commenced on 3 May 2023.
As the Deputy will be aware, the 2023 Act transposed Framework Decision 2008/909/JHA 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 EU”, that is, the enforcement of a custodial sentence in a State other than where it was imposed. The 2023 Act also significantly amends the Transfer of Sentenced Persons Acts 1995 and 1997, and the Transfer of Execution of Sentences Act 2005, which respectively implement the 1983 Council of Europe Convention on the Transfer of Sentenced Persons and its Additional Protocol in Ireland.
The Framework Decision, implemented by the 2023 Act, builds on the Convention and supersedes it in respect of EU transfers. The Transfer of Sentenced Persons and Transfer of Execution of Sentences Acts will continue to operate alongside the 2023 Act, as the Convention and its Additional Protocol continue to apply in respect of non-EU transfers, including with the United Kingdom.
Applications for inward and outward transfers are currently being processed under the relevant Acts. The first outward transfer took place in recent weeks and a number of applications for inward and outward transfers are at the latter stages of processing.
277. Deputy Bernard J. Durkan asked the Minister for Justice if and when visitor visas might be approved in the case of persons (details supplied); and if she will make a statement on the matter. [49218/23]
View answerThe visa applications referred to by the Deputy were refused by the Visa Office. The reasons for this decision were set out in the refusal letters sent to the applicants on the 11 September 2023. An appeals process, which is free of charge, is available which allows applicants, in the event of a refusal of the application at first instance, to address the factors which gave rise to that decision.
To date no appeal has been received by my Department.
It is open to the applicant to appeal this decision, in writing, within two months of the date of the refusal. Appeals must be in written form and sent to the Visa Appeals Officer in the relevant Visa Office.
All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on my Department's immigration website.
Applicants that follow these guidelines have an improved prospect of receiving a positive decision at first instance.
When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh. Further details on the appeals process can be found at the following link:
irishimmigration.ie/appeal-a-negative-decision/
Full consideration will be given to any appeal received on behalf of the applicant, however the onus is on the applicant to satisfy the Visa Officer that a visa should be granted.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
278. Deputy Bernard J. Durkan asked the Minister for Justice the current and expected position in relation to his application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [49228/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Citizenship Division of my Department wrote to 13,000 applicants in May 2023 with electronic links to commence eVetting and are continuing to process them. I understand the process may take a number of months to complete given the volumes returned. Applicant's patience, while the processing is being completed is appreciated.
My Department is also taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
In October, my Department moved from paper based applications to online forms for all new adult applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.
The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to regularly communicate with all applicants on a quarterly basis into the future, to keep them updated on the status of their application.
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.
