Written Answers Nos. 104-123
104. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a domiciliary care allowance appeal for a person (details supplied); and if she will make a statement on the matter. [50124/23]
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 16th 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 were received on 8th September 2023 and the case was assigned to an Appeals Officer on 21st September 2023, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
The Appeals Officer has confirmed that a decision will be reached on this appeal shortly.
I trust this clarifies the matter for the Deputy.
105. Deputy Seán Canney asked the Minister for Social Protection if she will consider allowing people on partial pensions the benefit of a full budget increase, as opposed to a pro-rata increase in pension income, as many people dependant on a partial contributory pension are failing to take advantage of the full benefit of budget increases, despite having to meet the full cost of rising cost of living prices; and if she will make a statement on the matter. [50152/23]
View answerAs announced in Budget 2024, the maximum rate for the State Pension (contributory) is set to rise by €12 to the new rate of €277.30 per week in January 2024. This was part of a range of targeted measures included in the budget to help older people with the cost of living. These include a Christmas bonus payment, a further bonus payment in January, a €200 lump sum payment for those in receipt of the Living Alone Increase and a €300 lump sum payment for those in receipt of the Fuel Allowance.
The State Pension (contributory) is a contributory pension based on the social insurance record of each recipient. Those who have 40 years worth of contributions, paid or credited, or have an average of 48 contributions for each year since they entered the social insurance system, receive the maximum rate payment. Those who do not qualify for the maximum rate payment receive a payment more closely aligned to their contributions.
When the maximum rate is increased, those below the maximum rate receive the same proportionate increase. If pension recipients in receipt of a pension below maximum rate were to receive an increase of €12 per week, they would receive a greater proportionate increase than those at the maximum rate, who have contributed more to the social insurance fund from which the pension is paid.
The State Pension (non-contributory) is available for all residents over 66 years and may be paid at a rate equivalent to 95% of the State Pension (contributory). While the payment is means tested, significant disregards are available.
I hope this clarifies the matter for the Deputy.
106. Deputy Catherine Murphy asked the Minister for Justice the number of intoxilyzer machines allocated to each Garda division, in tabular form. [50081/23]
View answerThe Deputy will appreciate that under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and business of An Garda Síochána as well as the efficient use of resources. This includes responsibility for decisions on the allocation of Garda resources across the Divisions, in light of identified operational demands.
As Minister, I have no role in those matters.
I am advised by the Garda authorities that there are 87 EvidenzerIRL Machines currently in use by An Garda Síochána.
The table below, furnished to me by the Garda authorities, details the number of machines currently in use in each of the Garda Divisions.
|
Division |
Number of EvidenzerIRL Machines |
|
Cavan/ Monaghan/ Louth |
7 |
|
Clare/ Tipperary |
10 |
|
Cork City |
2 |
|
Cork County |
7 |
|
DMR East |
1 |
|
DMR North |
2 |
|
DMR North-Central |
1 |
|
DMR South |
1 |
|
DMR South-Central |
2 |
|
DMR West |
3 |
|
Donegal |
5 |
|
Galway |
5 |
|
Kerry |
4 |
|
Kilkenny/Carlow/Waterford |
4 |
|
Laois Offaly Kildare |
7 |
|
Limerick |
3 |
|
Mayo/Roscommon/Longford |
6 |
|
Sligo/Leitrim |
3 |
|
Westmeath/Meath |
6 |
|
Wicklow/Wexford |
8 |
|
Grand Total |
87 |
107. Deputy Catherine Murphy asked the Minister for Justice the additional accommodation capacity currently undergoing construction in each of the prisons in Ireland; when each of these construction projects will be completed; and the additional accommodation capacity that will be provided upon completion. [50082/23]
View answerOfficials within my Department and the Irish Prisons Service are continuously working together to identify short, medium and longer term proposals to help manage capacity issues in our prisons as they arise.
While focused on rehabilitation and reducing offending, we also need to continue to invest in our prison estate, to ensure that it is modern and fit for purpose and that it has the capacity to accommodate those committed to prison by the courts.
In recent years, works have been completed to modernise the Mountjoy complex, a new prison was constructed in Cork and additional prisoner accommodation was provided in the Midlands Prison.
Furthermore, the Training Unit in Mountjoy was reopened providing an additional 96 spaces and the opening of new male accommodation in Limerick in late 2022 has provided an additional 90 cell spaces. The new standalone female prison in Limerick is now providing an additional 22 female cell spaces, bringing additional capacity across the estate to in excess of 200 new spaces.
Plans have also been outlined for 4 capital projects at Castlerea, Cloverhill, the Midlands and Mountjoy prisons to deliver a minimum of 620 additional spaces. I am continuing to engage with the Minister for Public Expenditure, National Development Plan Delivery and Reform to progress an agreed schedule of capital builds, including the delivery of additional Prison spaces.
108. Deputy Marian Harkin asked the Minister for Justice if she is aware of any plans for the appointment of a county registrar to Sligo (details supplied); and if she will make a statement on the matter. [50099/23]
View answerUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. The Courts Service Act 1998 sets out the nature of the relationship between the Courts Service and the County Registrar. The post of County Registrar is a statutory officer appointed by the Government, with a number of different roles, including under-sheriff and returning officer functions.
The legislation governing appointment of County Registrars provides for up to twenty-six County Registrars, each assigned to a County. Following an expenditure review conducted across the public service in 2009, the number of serving County Registrars was reduced on a phased basis to 16. This reduction was made possible by reorganising the work of the courts including the establishment of combined court offices, which encompassed the transfer of management functions previously exercised by County Registrars to Courts Service management personnel.
In 2017, an additional County Registrar position was created for Counties Meath and Westmeath which brought the number of serving County Registrars to 17. There are currently 15 County Registrars with two vacant positions which will be filled in due course following the results of an open selection process run by the Public Appointments Service (PAS).
The Donegal County Registrar also has responsibility for Sligo. There are no plans at this time to expand the number of County Registrars.
109. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Question No. 599 of 1 March 2022, if her Department can provide the figures for 2023. [50101/23]
View answerFurther to my reply to your Parliamentary Question No. 599 of 1 March 2022, requesting the number of days educational programmes were prevented from happening due to staff shortages, please see the updated figures up to 31 August 2023 below.
Full day prison school closures due to Officer Shortages in 2020, 2021, 2022 and to 31 August 2023
|
Prison |
Full Day Closures 2020 |
Full Day Closures 2021 |
Full Day Closure 2022 |
Full Day Closures 2023 (1/1/2023 to 31/08/2023) |
|
Arbour Hill |
0 |
0 |
0 |
1 |
|
Castlerea |
0 |
8 |
1 |
36 |
|
Cloverhill |
4 |
3 |
29 |
0 |
|
Cork |
1 |
2 |
3 |
3 |
|
Dóchas |
9 |
6 |
8 |
1 |
|
Limerick |
6 |
30 |
37 |
15 |
|
Loughan |
0 |
0 |
0 |
0 |
|
Midlands |
0 |
0 |
5 |
0 |
|
Mountjoy* |
4 |
24 |
4 |
4 |
|
Portlaoise |
0 |
3 |
0 |
0 |
|
Progression Unit |
2 |
19 |
8 |
1 |
|
Shelton Abbey |
0 |
0 |
0 |
0 |
|
Training Unit |
N/A*** |
N/A*** |
0 |
0 |
|
Wheatfield** |
1 |
20 |
27 |
13 |
*NOTE: Mountjoy Main School and Mountjoy Medical Unit School together comprise Mountjoy Education Centre. There have been extended closures of the Mountjoy Medical Unit School in 2021 which are reflected in the above numbers.
**NOTE: Wheatfield Main School and Wheatfield North Three School together comprise Wheatfield Education Centre. The North Three School (4 class rooms) remained closed since 12th March 2020 due to Covid and staff shortages. No statistics have been included for the North Three School after 12th March 2020.
***NOTE: The Training Unit re-opened in September 2022
I can advise the Deputy that the IPS have also advised that the closure statistics will be added to the Irish Prison Service website and will be updated on the website on a bi-annual basis going forward.
110. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of the appeals for visas in the case of the family of a person (details supplied); and if she will make a statement on the matter. [50112/23]
View answerThe visa applications referred to by the Deputy were refused by the Visa Office in Dublin. The reasons for these decisions were set out in the refusal letters sent to the applicants on 24 January 2023. Appeals of these decisions were received on 8 March 2023.
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 our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.
It should be noted that visa appeals are dealt with in strict chronological order. Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:
www.irishimmigration.ie/visa-decisions/.Processing times can change during the year, for example before holiday periods or for study applications prior to a new college year. A decision will be issued to the applicants as soon as full consideration has been given by a Visa Appeals Officer.
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.
111. Deputy Bernard J. Durkan asked the Minister for Justice the number of minors who have been made wards of court in 2022 and 2023 to date following application by the Family Support Agency; the number of adult wards of court who have applied for discharge and how many similar requests have been accepted or rejected in the same period; if the number of wards under the general solicitor have been discharged from wardship; and if she will make a statement on the matter. [50131/23]
View answerThe Ward of Courts system is administered through the Courts. Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.
Information of this nature is held by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
112. Deputy Steven Matthews asked the Minister for Justice if her attention has been drawn to concerns of members of An Garda Síochána regarding the inability to enforce noise pollution laws; and if she will make a statement on the matter. [50135/23]
View answerAs the Deputy may be aware, the primary legislation dealing with noise pollution is the Environmental Protection Agency Act 1992. The Act designates the Environmental Protection Agency (EPA) as the primary body responsible for regulation of noise pollution. The EPA is also the sole designated prosecuting authority for offences under the Act. Any review of the existing legislation to provide authorised persons under the Act the power to issue on the spot fines is a matter for my colleague, the Minister for Environment, Climate and Communications as a result.
Members of An Garda Síochána are not designated as authorised persons for the purposes of enforcement of the Act under Section 3, though an authorised person may request the assistance of a member of An Garda Síochána in the performance of their duties under the Act.
Complaints under the EPA Act may also be brought by an individual to the District Court.
An Garda Síochána has adequate powers under legislation related to breaches of the peace in a public place and anti-social behaviour. In relation to domestic noise, a member of the Gardaí may request that a person reduce the noise coming from a dwelling - however, it is important to note that Gardaí may not enter a dwelling without a warrant or by invitation of the owner.
Noise complaints may be reported to a person's local or nearest Garda Station. However, as advised on the Garda website, persistent noise complaints should be directed to the Department of Environment, Climate and Communications.
113. Deputy Richard Bruton asked the Minister for Justice if she will outline her plans for the reform of the family courts to improve access and streamline the processes for balancing rights in handling cases; and if she will make a statement on the matter. [50285/23]
View answerThe Government is committed to delivering an ambitious programme of family justice reform, including the publication of the Family Justice Strategy and the Family Courts Bill 2022. The Strategy puts children at the centre of the system, and emphasises, amongst other things, the need to ensure they are listened to and heard and their views given due regard, in line with constitutional obligations and rights.
The Family Justice Strategy, published in November last year, sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which helps them and their families obtain earlier appropriate resolutions in a simpler, fairer, more effective way. It aims to achieve this through the implementation of over 50 actions across nine goals. The Strategy is foundational in nature, recognising the many issues that currently exist within the system and outlining the steps needed to move towards a family justice system that is streamlined and user-friendly, and which supports and protects children and their families.
The Strategy contains a number of actions which stress the importance of children and the need to ensure their welfare and best interests are considered in conjunction with their constitutional rights.
In May this year, my Department published a policy paper on how to address the concept of parental alienation, following a public consultation and independent research into the issue. Both the policy paper and the research report recognise that parental alienation is a highly contested and divisive concept. The papers also acknowledge a close proximity between allegations of parental alienation and accusations of domestic, sexual and gender-based violence (DSGBV) Despite the highly contested nature of the concept, there was consensus in the public consultation that the means to address parental alienation lie in improvements to the Irish family courts and family justice system. The policy paper puts forward six recommendations to address parental alienation. All of these recommendations are also reflected in the Family Justice Strategy which ultimately aims to make the Irish family justice system work better for everyone engaging with it, but particularly for those who need additional supports and protections, such as domestic violence victims and vulnerable parents and children.
The Department has also commenced a review to examine the role of expert reports in the family law process, the commissioning and availability of these reports and their content and use. The review is advancing and is expected to be completed towards the end of the year.
Alongside the implementation of the Strategy, and an important element of the family justice reforms, is the Family Courts Bill 2022. The Family Courts Bill provides for the establishment of a Family Court as divisions within the existing court structures, each family court division dealing with family law matters as appropriate to its jurisdiction.
The Bill provides a set of guiding principles to help ensure that the Family Court system will make the best interests of the child a primary consideration in all family law proceedings, operate in an efficient and user-friendly manner, and encourage active case management by the courts. These guiding principles encourage the use of alternative dispute resolution where appropriate, promote good case management practice, ensuring that proceedings are conducted as far as possible in a user-friendly manner, and minimising the cost of proceedings where feasible.
The Bill provides for the assignment of judges with appropriate specialist knowledge to each of the family court divisions and for ongoing professional training in the area of family law. It is intended that the Family Court will sit to hear family law proceedings in a different building or room from that in which other court sittings are held or on different days or at different times from other court sittings.
Both the Family Courts Bill and the Family Justice Strategy recognise that children and families should be at the centre of the system. These initiatives mark the beginning of the reform of how our family justice system operates, to try to make it work better for everyone engaging with it, but particularly for those who need additional supports and protections, such as domestic violence victims or vulnerable parents and children.
114. Deputy Carol Nolan asked the Minister for Agriculture, Food and the Marine if he is aware of proposals by the Italian Agriculture Minister to ban synthetic food including the production, import and marketing of food produced in laboratories; if he will outline his Department's position with respect to synthetic foods; and if he will make a statement on the matter. [50128/23]
View answerI am aware of recent reports referring to a proposal by the Italian Agriculture Minister that would ban the production, import and marketing of food produced in laboratories.
The function regarding banning of certain foods falls under the remit of the Department of Health which is supported by the Food Safety Authority of Ireland which is a statutory, independent and science-based body, dedicated to protecting public health and consumer interests in the area of food safety and hygiene.
I am not aware of any similar proposal for Ireland.
115. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine if, in relation to the publication on e-tenders of a call from Horse Sport Ireland for the provision, implementation and support of an equine e-passport application and related services, any other agencies or bodies oversee this tendering. [50186/23]
View answer116. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine in relation to a call from Horse Sport Ireland for the provision, implementation and support of an equine e-passport application and related service, his views on whether it is realistic to deliver a €3.5 million project by the end of May 2024 (details supplied). [50187/23]
View answer117. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine in relation to the call from Horse Sport Ireland for the provision, implementation and support of an equine e-passport application and related services, if there is any provision allowed in the proposed work programme for fact checking and rectifying errors in the existing studbook and epassport system (details supplied). [50188/23]
View answer118. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine the reason why a funding mechanism (details supplied) was chosen. [50189/23]
View answer119. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine if a project (details supplied) will meet the stringent requirements of the Brexit adjustment reserve regulations. [50190/23]
View answerI propose to take Questions Nos. 115, 116, 117, 118 and 119 together.
The Irish Equine sector, contributing €2.6 billion and 42,000 jobs to the Irish economy is extremely dependent on the frequent movement of horses both in to and out of Ireland. Brexit has had a measurably negative effect on the such equine movements. Movements for breeding between Ireland and the EU have declined by 25% and our international racing traffic has reduced by 25% since 2019, due to legislative and regulatory divergence and third country import requirements. In addition, Brexit has placed additional administrative burden and expense on people wishing to move horses internationally.
The Brexit Adjustment Reserve (BAR) was established to fund support measures specifically set up to address issues directly associated with the withdrawal of the UK from the EU. In recognition of the negative impact of Brexit on the Irish horse sector, my Department sought BAR funding for an e-passport scheme as such a support measure. The e-passport provides a number of benefits to equine keepers in terms of easing movements including pre-clearance for racing and events and a total fund of €1.8 million was subsequently approved for this project.
My Department introduced an equine E-Passport Scheme in May 2023 which is open to ALL approved equine Passport Issuing Organisations (PIOs) operating within the State. All applications submitted by approved PIOs under the BAR funded E-Passport Scheme are subject to assessment by a team of officials of my Department who will determine the specific expenditure items that may be eligible for funding under the Scheme.
Horse Sport Ireland (HSI) is the second largest PIO, carrying out 33% of foal registrations in 2022. In recognition of the significant benefit e-passports will be to equine keepers registering their foals with them, HSI, as a state body, has complied with public procurement rules to secure a service for the development of an e-passport system that will meet the requirements set out in the EU Animal Health Law and its supplementing delegated and Implementing Regulations.
My Department has confirmed that the BAR regulation provides that expenditure shall be eligible for BAR funding once it is paid during the reference period, thus HSI is eligible to apply for funding while complying with procurement rules.
My Department has stipulated that payment is conditional on HSI meeting the deadlines set down by the Deputy and we welcome the inclusion of these deadlines as requirements for potential tenderers.
120. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine what other projects or proposed services will be funded through the Brexit adjustment reserve fund (details supplied). [50191/23]
View answerThe list of financial allocations from my Department under the Brexit Adjustment Reserve (BAR) Fund for each of the years 2021, 2022 and 2023 is set out below.
|
Sector/Scheme |
2021 BAR Allocation €000 |
|
Horticulture |
70 |
|
Marketing and Processing |
7,000 |
|
Fisheries |
12,000 |
|
Total |
19,070 |
Table 2 2022 BAR Allocation
|
Sector/Scheme |
2022 BAR Allocation €000 |
|
Horticulture |
1,500 |
|
Marketing and Processing |
5,300 |
|
Fisheries |
33,200 |
|
Total |
40,000 |
Table 3 2023 BAR Allocation
|
Sector/Scheme |
2023 BAR Allocation €000 |
|
Meat and Bone Meal Disposal |
20,000 |
|
Horticulture |
9,850 |
|
Beef |
28,000 |
|
Marketing and Processing |
17,000 |
|
Equine Supports |
1,000 |
|
Fisheries |
162,150 |
|
Total |
238,000 |
My Department is working closely with the Department of Public Expenditure, NDP Delivery and Reform to maximise the funding from BAR that is available to the various areas within the agri-food sector. As part of my Department’s 2023 supplementary estimate I intend to increase the 2023 BAR allocation further, subject to Oireachtas approval.
121. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine what his Department can do to remedy the situation for our young farmers who will be locked out of the acres scheme (details supplied); and if he will make a statement on the matter. [50195/23]
View answerThe Agri-Climate Rural Environment Scheme, or ACRES, is the central agri-environment climate measure in Ireland’s CAP Strategic Plan (CSP) 2023-2027. It is a flagship agri-environmental project with funding of €1.5bn committed over the scheme lifetime. This is the largest amount ever committed to an agri-environment scheme. ACRES will play a huge role in driving environmental improvements while also providing crucial income support to farm families.
Details of the application process for Tranche 2 of ACRES were announced on 12 October 2023. Farmers and their ACRES advisors can now commence some of the associated preparatory work, namely the submission of an Expression of Interest and the preparation of the Farm Sustainability Plan. The final step in the process of submitting the application will be available shortly.
While the Terms and Conditions for Tranche 2 of ACRES are not yet published, an Overview document in respect of ACRES Tranche 2 is currently available on my Department's website. This Overview document gives some key information on Tranche 2 in advance of the publication of the final Terms and Conditions and is, with other relevant information, available at gov.ie - Agri-Climate Rural Environment Scheme (ACRES) (www.gov.ie)
As stated in the Overview document, one of the eligibility requirements for a farmer to participate in Tranche 2 of ACRES is the submission of a Basic Payment Scheme (BPS) application for 2022. A further requirement is that all lands must also be declared in the applicant’s 2023 Basic Income Support for Sustainability (BISS) application (and declared on the applicant’s BISS application for all subsequent years of participation). A farmer who does not have a BPS 2022 or BISS 2023 will not therefore be eligible for Tranche 2 of ACRES.
122. Deputy Eoin Ó Broin asked the Minister for Children, Equality, Disability, Integration and Youth if there is a commitment that the Second Optional Protocol to the UN Convention on the Rights of the Child will be ratified following the enactment of the Criminal Law (Sexual Offences and Human Trafficking Bill) 2023. [50032/23]
View answerThe Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.
In consultation with the Office of the Attorney General, several legislative measures have been implemented which were necessary to ensure that Ireland is in compliance with the obligations of the Optional Protocol. Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Optional Protocol.
Further legislative amendments relating to the extra-territorial jurisdiction requirements under Article 3.1 are intended to ensure that the State is in compliance with certain outstanding aspects of the Protocol. These amendments were included in the General Scheme of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which is currently before Dáil Éireann, third stage (as of 4 October 2023).
Once enacted, my Department will consult further with the Attorney General’s office on the next steps. This will include working to ensure readiness in all relevant Departments.
123. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth when appropriate supports will be provided to the son of a person (details supplied); and if he will make a statement on the matter. [50061/23]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.
