Written Answers Nos. 302-322
302. Deputy Paul Murphy asked the Minister for Social Protection if, in relation to a matter (details supplied), she will now accept that the approach of using precedential group and/or class decisions to make insurability of employment determinations on groups and/or classes of workers is unlawful [49833/23]
View answer303. Deputy Paul Murphy asked the Minister for Social Protection if, in relation to a matter (details supplied), she will clarify what steps she is taking to compensate workers for their losses by being unlawfully misclassified as self-employed by group and/or class by the Social Welfare Appeals Office, which the Minister has been aware of since at least 1995. [49834/23]
View answer304. Deputy Paul Murphy asked the Minister for Social Protection if, in relation to a matter (details supplied), she will make a public statement to the effect that the failure of the Social Welfare Appeals Office and Senior Management of her Department to halt the unlawful use of precedential sample/test cases when her Department was first informed of this unlawful practice may now result in a significant loss in PRSI and taxes, as per the Supreme Court comments. [49835/23]
View answerI propose to take Questions Nos. 302, 303 and 304 together.
My Department welcomes the recent judgement of the Supreme Court on the key factors to be considered when classifying an individual’s employment status and the significant clarity it provides on these matters.
The matter of ‘test cases’ for use in determining employment status has been raised on multiple occasions at various Dáil Committees and elsewhere and my Department’s response remains unchanged. The Department has advised that it does not rely on test cases to determine the employment status of all workers in a sector in the manner suggested.
For the benefit of the Deputy, and notwithstanding that these issues have been dealt with previously on a number of occasions, I will again set out the background.
In the 1990s, a number of so-called ‘test cases’ relating to the insurability status of a person were examined by the Department to support the identification of criteria that could be used by Deciding Officers and Appeals Officers for the purpose of assessing each case on an individual basis. The criteria identified from the examination of these cases formed the basis of the approach subsequently agreed with the Social Partners under the Programme for Prosperity and Fairness and set out in the Code of Practice for the Determination of the Employment or Self-employment Status of Individuals. These criteria are set out in sections 7 and 8 of the Code of Practice and are applied by Deciding Officers and Appeals Officers on each occasion that they assess the insurability of a worker as being either an employee or self-employed. Employment status decisions are never made by the Department without having carried out an investigation into the circumstances of the individual’s engagement.
Separately, the Department has indicated that it is open to taking a ‘sample cases’ approach to the determination of insurance classification, using the criteria set out in the Code, in cases involving multiple workers performing the same work for a single employer. In indicating its openness to this approach, the Department has always stressed that it would only do so by agreement with all of the parties concerned, that each worker will always be given the option of having their case determined on an individual basis and will always have the option of appealing any decision on an individual basis.
As the Deputy is aware the Social Welfare Appeals Office is an office of my Department, with appeals officers who are independent in their decision making functions. Notwithstanding this, the Social Welfare Appeals Office also does not rely on test cases to determine the employment status of all workers in a sector in the manner suggested.
In relation to the Revenue matters referred to by the Deputy, it is important to emphasise the distinction between the remits of my Department and that of the Office of the Revenue Commissioners. The Revenue Commissioners make decisions on tax matters. My Department has the statutory power to determine which social insurance class applies to an individual. The Revenue Commissioners do not make decisions regarding social insurance matters, only tax matters.
I trust this clarifies matters for the Deputy.
305. Deputy Pearse Doherty asked the Minister for Social Protection when a decision will be made for a carer’s benefit review (details supplied); the current processing times for such reviews; and if she will make a statement on the matter. [49839/23]
View answerCarer's Benefit (CARB) 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 CARB was received from the person concerned on 15 September 2023.
The person concerned was awarded Carer’s Benefit from 26 October 2023 to 22 October 2025 based on the Carer’s Leave information supplied by the employer on Part 4 of the application form. A decision letter issued to this effect on 5 October 2023.
A request to review and backdate the award date was received on 26 October 2023 along with an updated Part 4 from the employer to support the request. However, further information to support the review has been requested from the customer. Once this is received, the review will be processed without delay and the person concerned will be notified directly of the outcome.
In general, Carer's Benefit review decisions issue within 4 weeks. Where a review is not processed within that timeframe, the delay is generally due to additional information or documentation being requested from the person to support their application and the length of time it takes for that information to be provided.
I hope this clarifies the matter for the Deputy.
306. Deputy Michael Healy-Rae asked the Minister for Social Protection if a carers allowance application (details supplied) can be reviewed; and if she will make a statement on the matter. [49848/23]
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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, disallowed the appeal of the person concerned by way of summary decision on 27 June 2023.
The Social Welfare Appeals system is underpinned by legislation which sets down the roles, powers and functions of the Social Welfare Appeals Office and its Appeals Officers. Under the legislation, the decision of an Appeals Officer is final and conclusive and may be reviewed under section 317 of the Social Welfare Consolidation Act, 2005 by an Appeals Officer in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Appeals office for further consideration.
I trust this clarifies the matter for the Deputy.
307. Deputy Cormac Devlin asked the Minister for Social Protection if she is aware of an application for a pension (details supplied); if she will ask her officials to review the situation; and if she will make a statement on the matter. [49853/23]
View answerAn application for state pension non-contributory was received from the person concerned on 15 June 2023. On 21 June 2023, the case was referred to a Social Welfare Inspector to investigate the means of the person concerned, so that their entitlement to pension could be assessed.
The person concerned has been awarded the maximum weekly rate of state pension (non-contributory) with effect from 16 June 2023 and was notified, in writing, of this decision on 26 October 2023. Payment of the arrears due will issue shortly.
I hope this clarifies the matter for the Deputy.
308. Deputy Paul Donnelly asked the Minister for Social Protection the number of WTE staff, by grade, in each employment support team within INTREO offices within Dublin as of 8 November 2023, in tabular form. [49863/23]
View answerThe employment support team comprises Employment Personal Advisors (Higher Executive Officers), Job Coaches (Executive Officers) and administrative support staff (Higher Executive Officers, Executive Officers and Clerical Officers).
Table 1 below lists the number of Whole Time Equivalent (WTE) staff by grade in each employment support team within INTREO offices within Dublin as of 8 November 2023. The Department keeps staffing under continuous review having regard to service needs, and seeks to allocate additional resources where required as quickly as possible.
|
Office Name |
Clerical Officer WTE |
Executive Officer WTE |
Higher Executive Officer WTE |
|
Ballyfermot |
0 |
3 |
2 |
|
Bishop's Square |
0 |
1.4 |
4.7 |
|
Nutgrove |
2 |
1.5 |
3.6 |
|
Parnell Street |
0 |
3.73 |
6.6 |
|
Clondalkin |
2 |
3 |
4 |
|
Tallaght |
2 |
6.2 |
2.4 |
|
Balbriggan |
2 |
1.5 |
3 |
|
Ballymun |
2 |
0 |
3 |
|
Blanchardstown |
0.8 |
5 |
3.4 |
|
Coolock |
2 |
3 |
3.5 |
|
Kilbarrack |
2 |
1 |
1.6 |
|
Swords |
2 |
2 |
2.8 |
|
Finglas |
1.8 |
5 |
1.6 |
|
Dun Laoghaire |
1 |
2 |
4 |
|
Central Employment Services Support Team (delivers services for customers across the Greater Dublin area) |
0 |
1 |
12.8 |
309. Deputy Paul Donnelly asked the Minister for Social Protection the number of WTE staff, by grade, working in the INTREO National Information Centre as of 8 November 2023, in tabular form. [49864/23]
View answerThe National Intreo Contact Centre is the Department's response to the customers' need for a centralised point of contact. It has replaced all local lines and created a centralised streamlined point of contact for working age schemes with the intention of reducing footfall to INTREO offices. The NICC has approximately 98 staff with blended working arrangements. These staff answer calls for both the NICC and CWS helpline.
|
National Intreo Contact Centre |
||
|
Grade |
People |
Posts (FTE) |
|
Higher Executive Officer |
9 |
7.90 |
|
Executive Officer |
11 |
10.6 |
|
Clerical Officer |
60 |
54 |
|
TCO |
18 |
18 |
|
TOTAL |
98 |
90.5 |
310. Deputy Mairéad Farrell asked the Minister for Social Protection if her attention has been drawn to the backlog of claims for disability allowance; if her Department is allocating any additional resources to deal with this backlog; and if she will make a statement on the matter. [49877/23]
View answerMy Department is committed to providing a quality service to all its customers. This includes ensuring that Disability Allowance (DA) applications are processed and that decisions on entitlement are made as quickly as possible.
DA has a number of complex qualifying conditions and can take longer to process. Before a decision can be made on an entitlement to DA, evidence must be provided in respect of the person’s medical condition, the extent to which it restricts them from taking up employment, their means and their habitual residency.
The target processing time for the DA scheme is to award 75% of applications within 10 weeks. ?Currently the average waiting time to award for new DA applications is 10 weeks and the average for the year to date is 10 weeks. My Department understands the many pressures faced by people and always seeks to ensure that claims and requests on existing payments are processed quickly and efficiently.
I wish to reassure the Deputy that claim processing is kept under active review, with all possible steps taken to improve processing times.? This includes the assignment of additional resources, where available, and the review of business processes, to ensure the efficient processing of applications.
I hope this clarifies the matter for the Deputy.
311. Deputy Bernard J. Durkan asked the Minister for Social Protection the reasons an application for carer's allowance was refused in the case of a person (details supplied); the degree to which the person was over the income limits for carer's allowance; if the application can be reviewed; and if she will make a statement on the matter. [49890/23]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
An application for CA was received from the person concerned on 20 July 2023.
It is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention.
Full time care and attention is defined as requiring from another person, continual supervision, and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of the application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care and attention was satisfied.
It is also a condition for receipt of CA that the applicant’s means are less than the statutory limit, which in this case is €275.10 weekly.
Means are any income belonging to the carer and their spouse / civil partner / cohabitant, property, (except their own home) or an asset that could bring in money or provide them with an income, for example occupational pensions, or pensions or benefits from another country.
The means disregard for a single household is €350.00. Following the means calculations and application of relevant disregards, the person concerned was found to have means in excess of the statutory means limit. The carer’s means were assessed at €452.09 per week which is in excess of the statutory means limit of €275.10 in this case.
The application for CA was disallowed as the means of the person concerned were determined to exceed the statutory limit and the requirement for full time care and attention was not satisfied.
The person concerned was notified on 14 September 2023 of this decision, the reasons for it and of their right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of their application.
Following this review, the decision has remained unchanged.
The person concerned was notified on 21 October 2023 of this decision, the reasons for it and of their right of review and appeal.
The Department was notified that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO). The file in this case was forwarded to the SWAO on 24 October 2023 for determination.
I hope this clarifies the position for the Deputy.
312. Deputy Danny Healy-Rae asked the Minister for Justice if she will provide details of the number of Ukrainian refugees who have arrived in Ireland since the start of the year with a breakdown by county. [49646/23]
View answerI can inform the Deputy that my Department does not keep a record of which county, within the State, that a Beneficiary of Temporary Protection (BoTP) resides in. Any queries relating to the issue of accommodation for BoTPs is a matter for the Department of Children, Equality, Disability. Integration and Youth (DCEDIY).
Temporary Protection in Ireland applies to the following groups of people who have had to flee Ukraine due to the invasion by Russia:
- Ukrainian nationals who were residing in Ukraine before 24 February 2022;
- Nationals of a third country (other than Ukraine) or a stateless person who would have benefited from international protection (for example: Refugee status) or an equivalent national protection status in Ukraine and were residing there before 24 February 2022;
- Family members of persons covered by a) and b), where their family already existed in Ukraine, prior to 24 February.
Family members include a spouse or partner, unmarried minor children of either of them, and their other close dependent family relatives who have been living with them as part of the family unit before 24 February 2022.
Temporary protection also applies to nationals of a third country (other than Ukraine) and stateless people who were residing in Ukraine before 24 February 2022 with a permanent Ukrainian residence permit, who cannot safely return to their country of origin.
There have been 69,586 Temporary Permissions granted during 2022.There have been 29,168 Temporary Permission granted during 2023 up to 8 November 2023.This gives a total of 98,754 Temporary Permissions granted since March 2022 to 8 November 2023. It should be noted that 926 of these permissions are no longer valid due to factors such as voluntary withdrawal, making the current valid permission in the State as 97,828.
I can further advise that there were 176 Ukrainian International Protection applicants for 2023 up to 8 November.
313. Deputy Ivana Bacik asked the Minister for Justice her plans to create a register of owner management companies (OMCs) detailing information, such as the size of the development they oversee; and if she will make a statement on the adequacy of existing data on OMCs. [49841/23]
View answerThe Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.
Section 8 of the MUDs Act provides that whenever ownership of a residential unit in a multi-unit development is sold or assigned, membership of the relevant OMC must automatically transfer to the purchaser. Following such a change of ownership, the OMC must ensure that the register of members is updated and complies with other relevant requirements under the Companies Acts.
The Companies Act 2014 (‘the 2014 Act’) requires that a company must keep a register of its members, and prescribes what must be entered in the register, including particulars such as the names and addresses of members. The 2014 Act also provides that a register of members is a public document and be made available by the company for inspection by any member of the company, and, subject to conditions including the payment of a small fee, for inspection by any other person. An OMC members' register is therefore publicly available.
The work of my Department in relation to the MUDs Act and OMCs is guided by that of the Department for Housing, Local Government and Heritage, in view of its central role in this area. In that regard, I understand that there are no plans at present to establish a register of OMCs beyond what is currently provided for under a ‘Register of OMC Members’ in accordance with the Companies Acts. However, my Department continues to constructively engage with that Department to ensure the efficient and effective management of OMCs, as provided for under the MUDs Act.
314. Deputy Paul Donnelly asked the Minister for Justice as of 6 November 2023, the amount of funding owed to An Garda Síochána in respect of non-public duty charges for policing events in 2022. [49296/23]
View answerAs the Deputy will be aware, under Section 30 of the Garda Síochána Act 2005 (as amended), the Garda Commissioner may provide and charge for police services, including for events on private property or in areas open to the public.
Examples of the types of events for which police services may be provided under this section include:
(a) sports fixtures;
(b) concerts;
(c) festivals and exhibitions;
(d) meetings and conferences;
(e) the making of films, videos, television programmes and advertisements;
(f) appearances by individuals or groups of individuals likely to attract large numbers of people.
To be of assistance, I sought the information requested by the Deputy from An Garda Síochána and have been advised that the current sum on record as owed to An Garda Síochána relating to such services for 2022 is just over €498,000.
I am also advised that invoices and reminders are issued on a regular basis for all outstanding sums, however, this is a matter for the Commissioner who is responsible for the management and administration of Garda business under Section 26 of the 2005 Act.
315. Deputy Paul Donnelly asked the Minister for Justice the amount of funding that will be allocated for the provision of a new state-of-the art National Centre of Excellence for the Garda Dog Unit in the Dublin Region. [49297/23]
View answerIn Budget 2024, as part of the €2.3 Billion Garda Budget the Government provided funding for a new national centre of excellence in Dublin for the Garda Dog Unit, with the planned expansion to all Garda regions on a phased basis involving 50 handlers with access to 100 dogs of different capabilities
While the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters, I can confirm that this planned expansion will extend to all Garda regions on a phased basis and will include 50 handlers with access to 100 dogs of different capabilities.
I am advised that the requirements for such a centre are currently under consideration by An Garda Síochána.
316. Deputy Paul Donnelly asked the Minister for Justice the amount spent by An Garda Síochána on upgrading firearms and other weaponry available to armed Garda Personnel in 2022 and to date in 2023, in tabular form. [49298/23]
View answerI have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time. I will contact the Deputy directly once the information is to hand.
317. Deputy Paul Donnelly asked the Minister for Justice if she has spoken formally with the UK Home Secretary in the past three months. [49299/23]
View answerI have not spoken directly to the UK Home Secretary in the last three months. The last meeting between our Departments at ministerial level took place in London on 11 May. While the Permanent Secretary met with my Secretary General in Dublin, in September. I can assure the Deputy that my officials engage very regularly with counterparts across the UK Government system, to discuss and support ongoing cooperation on important law enforcement and justice related matters.
318. Deputy Carol Nolan asked the Minister for Justice the number of antisemitic offences committed against Jewish people in the State in each year from 2016 to date; and if she will make a statement on the matter. [49399/23]
View answer319. Deputy Carol Nolan asked the Minister for Justice the number of hate offences committed against Muslim people in the State in each year from 2016 to date; and if she will make a statement on the matter. [49400/23]
View answerI propose to take Questions Nos. 318 and 319 together.
The Government is fully committed to the fight against racism, prejudice and bigotry, and strongly condemns the actions of those who abuse and attack others because of their own prejudices against a person’s religion, ethnic origins, sexual orientation or any other part of their identity as a human being. Ireland is a diverse and tolerant country, and such behaviour is not acceptable.
There are no specific hate offences currently on the statute book. At present, an offence with a hate motive is prosecuted as an ordinary offence and the hate element may be taken into account by a Court at sentencing. An Garda Síochána record any hate motive during the investigation of an offence or incident.
I am advised by the Garda authorities that in October 2020, a new approach to the recording of hate related discriminatory motives was introduced by An Garda Síochána. Since then, it is possible to record a hate discriminatory motive on both crime and non-crime incidents on PULSE. The hate discriminatory motives are recorded on any incidents which are perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender (including gender identity). The calendar year 2021 was the first under the new recording approach for all these hate related incidents.
Hate Crime annual statistics for 2022 and 2021 are available at this location: www.garda.ie/en/information-centre/statistics/
The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will create new hate crime offences for the first time in Ireland.
The Bill creates new hate offences as aggravated forms of existing offences, for example: “assault aggravated by hatred”. This will allow a court to impose a sentence that recognises the hate component of an offence where it is motivated by hatred or where hatred is demonstrated during the commission of the offence. This will also provide a clearer statutory basis for the recording of hate offences.
In addition to my work on this legislation, my colleague, the Minister for Children, Equality, Disability, Integration and Youth earlier this year fulfilled the Government commitment to publish a National Action Plan against Racism.
Other actions to tackle racism, prejudice and intolerance in the Programme for Government include the Migrant Integration Strategy and the National LGBTI+ Strategy.
I would encourage anyone who has been a victim or has witnessed any hate motivated crime to report it to An Garda Síochána for investigation.
320. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 364 of 2 February 2023, to clarify whether the Prison Service has published the updated policy referred to in that response, and if not, to state when she expects this to be published; and if she will make a statement on the matter. [49401/23]
View answerAs the Deputy will be aware, the Irish Prison Service must provide safe and secure custody for all people committed to its care and safe working conditions for all of its staff. I have been advised by the Irish Prison Service that consultation with stakeholders to develop a policy is continuing and that it is intended to publish it once it has been completed and approved.
321. Deputy Verona Murphy asked the Minister for Justice on what date the next intake of Garda recruits is expected to pass out/attest; and if she will make a statement on the matter. [49419/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible by law for the recruitment and training of Garda members. This includes the administration of the Garda College, Templemore and the dates for attestation ceremonies. As Minister, I have no role in such matters.
Numbers in Templemore continue to increase, with attestations every 3 months - 135 trainees entered the training college in February, 154 entered in May, 174 entered in July, and another 177 entered the college last month, the largest intake since Covid. This mean that nearly 500 trainees are currently in the system, with one more class due into Templemore in December. 237 new Gardaí have attested so far this year and we are on track to have between 700 and 800 new recruits into the college in 2023.
I am advised that the next attestations of Probationer Gardaí from Templemore are due to take place in January and March 2024. The exact dates for each ceremony will be confirmed by the Garda authorities closer to the time.
322. Deputy Carol Nolan asked the Minister for Justice if she will address concerns around the increasing rate of resignations within An Garda Síochána, to the extent that this will impact on the capacity of the State to provide safe and effective policing for all communities; and if she will make a statement on the matter. [49420/23]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended). This includes all operational policing matters and, as Minister, I have no role in these independent functions.
I can assure the Deputy, however, that I and the Government are absolutely committed to doing everything we can to strengthen An Garda Síochána and to keep people safe. Our commitment is reflected in the unprecedented allocation of €2.31 billion in Budget 2024, an increase of 23% since 2020, to An Garda Síochána. In 2024 this will provide for:
- 800 – 1,000 recruits to enter the Garda College
- 25% increase in the overtime budget for An Garda Síochána – to €131 million from €105 million - for high visibility policing to tackle crime and anti-social behaviour
- supporting Garda recruitment with 66% increase in training allowance which rises to €305 per week
In relation to resignations, it is important to note that of almost 14,000 Gardaí, just over 100 resigned last year – this represents less than 1% of total Garda members. As of the end of September 2023, a further 114 Garda members have resigned, which again is under 1% of the Garda strength. Any increase in the number of resignations should be viewed in this context. It should also be viewed in the context of a highly competitive jobs market.
The number of resignations and retirements in 2022 represents an attrition rate of 3%. This is significantly lower than the turnover rate for Irish private sector organisations, which IBEC identified as 9% in 2020.
It is acknowledged that being a member of An Garda Síochána can be a difficult job. I am working with the Commissioner to address the issues which are being brought to my attention. This has included the allocation of €6 million which is being provided by the Government for Garda wellbeing initiatives, additional medical costs and over 2,500 units of body armour.
The attrition rate within AGS should also be viewed against a number of police services in other jurisdictions who have higher rates, including the UK that had a reported attrition rate of almost 6% in 2022.
Police services in the US, New Zealand, and Canada have all also reported an increase in resignations in excess of the Garda Síochána resignation rate.
We are seeing people leave the organisation earlier than was the case previously. But, people are joining the organisation later in life too, with a range of different life experiences to contribute, and I am pleased to be able to make a change to accommodate that in the next recruitment competition.
I am increasing the recruitment age from 35 to 50 to help to broaden and diversify the pool of available candidates.
