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Wednesday, 13 Dec 2023

Written Answers Nos. 139-162

Industrial Disputes

Questions (139)

Pearse Doherty

Question:

139. Deputy Pearse Doherty asked the Minister for Social Protection if plans are in place or meetings arranged to address the pay disparity between community employment supervisors and RSS/TUS supervisors; and if she will make a statement on the matter. [55592/23]

View answer

Written answers

My Department operates a number of employment support schemes; including Tús, Rural Social Scheme (RSS) and Community Employment (CE), for long term unemployed persons and low income farmers/fishers. I would like to acknowledge the important role that Tús and RSS supervisors play in providing valuable opportunities to participants in supporting the delivery of key services to local communities across the country.

It should be noted that Tús and RSS supervisors are employees of the individual Implementing Bodies (Local Development Companies), which are funded by the Department.

Earlier this year, union representatives and employers agreed, with the assistance of the Workplace Relations Commission (WRC) and the support of Department officials, a wage increase of 5% for supervisors employed on Tús, RSS and CE schemes.

Officials in my Department continue to hold regular meetings with the supervisor's representative associations to discuss issues in relation to the delivery of all employment programmes. In recent meetings the representatives raised the issue of pay parity for Tús and RSS with CE supervisors.

It is important to note that there are differences in the work undertaken by CE supervisors compared to that undertaken by Tús and RSS, relating, for example, to the preparation of individual learning plans. As a consequence, we would expect the service fees paid to the service providers to reflect this difference in scope.

My Department, as funder of these schemes, and the Department of Public Expenditure, NDP Delivery and Reform are considering the complexities involved in addressing this issue. It is also important to note that any changes to the fees paid or the funding model will require the approval of the Department of Public Expenditure, NDP Delivery and Reform.

Pending the outcome of these discussions, officials in my Department will continue to work with the Implementation Bodies and staff representatives in an effort to resolve the issue.

I trust this clarifies matters for the Deputies.

International Protection

Questions (140)

Danny Healy-Rae

Question:

140. Deputy Danny Healy-Rae asked the Minister for Social Protection to provide an update on a query (details supplied); and if she will make a statement on the matter. [55686/23]

View answer

Written answers

My Department does not hold the information sought by the Deputy.

A Personal Public Service Number (PPSN) is required to access social welfare supports and other public services. Refugee or asylum seeker status is not recorded for PPSN registration purposes.

I trust this clarifies the matter for the Deputy.

International Protection

Questions (141)

Danny Healy-Rae

Question:

141. Deputy Danny Healy-Rae asked the Minister for Social Protection to provide an update on a matter (details supplied); and if she will make a statement on the matter. [55690/23]

View answer

Written answers

Non-EU/EEA citizens who apply for a Personal Public Service Number (PPSN) in Ireland are required to provide evidence of identity in the form of their passport, or in the alternative, an International Protection Office Card issued by the International Protection Office, an agency of the Department of Justice.

Staff from my Department are co-located with staff from the International Protection Office in Mount St, Dublin for the purposes of accepting applications for PPSNs from persons applying for International Protection. Persons applying for a PPSN are also required to verify their identity by applying for a Public Services Card. When processing applications for a Public Services Card, my Department carries out checks to ensure that the person has not previously applied for a Public Services Card under a different identity.

I trust that this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (142)

Violet-Anne Wynne

Question:

142. Deputy Violet-Anne Wynne asked the Minister for Social Protection the specific criteria that must be satisfied for a parent or guardian to be granted domiciliary care allowance for a child; and if she will make a statement on the matter. [55829/23]

View answer

Written answers

Domiciliary Care Allowance (DCA) is a monthly allowance payable to a parent / foster parent / guardian in respect of a child aged under 16 who has a severe disability that requires continual or continuous care and attention that is substantially over and above the level of care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child deal with the activities of daily living.

However, eligibility for DCA is not based entirely on the child's disability or diagnosis, but primarily on the impact of the disability, in terms of the associated level of care and attention required by the relevant child compared to a child of the same age without their disability. The decision process that applies in the consideration of whether a child meets the conditions for receipt of DCA includes the examination of all relevant factors identified as impacting on the child's care needs. The deciding officer has regard to the professional opinion of a departmental Medical Assessor in the decision process.

In addition to the above medical criteria, the following conditions must be satisfied to qualify for the allowance:

• The child must live at home with the applicant / carer for 5 or more days per week. However, where the child is in residential care but is at home for 2 or more days per week, half-rate DCA may be paid in such cases. Children who are receiving care on a full-time basis in residential homes or other institutions are not eligible for DCA.

• As part of Budget 2023 measures, DCA is also available for up to 26 weeks (6 months) in respect of a newborn child who remains in hospital after birth or is transferred to another hospital for the purpose of receiving medical or other treatment.

• The person who is claiming the allowance must provide for the care of the child.

• The applicant and the child must be ordinarily resident in the state (Republic of Ireland) and satisfy my Department's habitual residency condition.

The allowance is not means-tested and does not require PRSI contributions.

Applicants are advised to provide as much detail as possible at application stage, including any additional information or documentary evidence that is relevant, medical or otherwise, to ensure that all information is available for consideration in the decision and assessment process.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (143)

Cormac Devlin

Question:

143. Deputy Cormac Devlin asked the Minister for Social Protection if she is aware of an issue (details supplied); if she will ask her officials to review the situation; and if she will make a statement on the matter. [55459/23]

View answer

Written answers

Jobseeker's Benefit (JB) is a payment for people between 18 and 66 years of age who become fully or partly unemployed and have paid enough pay-related social insurance (PRSI) contributions.

A person in receipt of an Irish JB payment may transfer their JB claim to another EU or EEA member state for up to 13 weeks if they continue to seek employment there. The form U2 is completed in the person’s local Intreo Centre or Branch Office with details of transfer dates etc. and given to the person transferring their benefit. The person takes this form to the social services office of the country to which they are travelling, and that office should then forward confirmation (form U009) of the person’s registration back to the person’s local Intreo Centre/Branch Office.

I understand the person concerned requested a form U009 to issue to Dun Laoghaire Intreo Centre from the Spanish social services office in May 2022. However, as the document was sent to the incorrect email address, it was not received by the Dun Laoghaire Intreo Centre. As a result, no payment issued to the person concerned, and their claim was closed. The U009 form was subsequently received by Dun Laoghaire Intreo Centre in May 2023. However, as this was outside the timeframe in which a U009 would normally be processed, no further action was taken on the person’s claim.

Following your representation and considering the circumstances of the case, the person’s JB claim was reviewed. The person has been awarded €2,194.80 for the period 23/06/22 - 14/09/22 which will issue to their nominated bank account by Monday, 18/12/2023.

I trust this clarifies the matter.

School Meals Programme

Questions (144)

Cormac Devlin

Question:

144. Deputy Cormac Devlin asked the Minister for Social Protection to review the decision of her Department not to include a school (details supplied) in the Hot School Meals programme, given that their sister school has been approved; and if she will make a statement on the matter. [55461/23]

View answer

Written answers

The School Meals Programme provides funding towards the provision of food services to some 1,700 schools and organisations benefitting 300,000 children. The objective of the programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement.

Budget 2023 provided €94.4 million for the programme. In February, the Government approved an additional €14.5m to allow access to the Hot School Meals scheme for all remaining DEIS schools from September 2023. Budget 2024 has increased the funding by an extra €42.5m

I am committed to continuing to expand the School Meals Programme and building further on the significant extension of the programme that has taken place in recent years. As part of this significant expansion plan, all remaining primary schools were contacted and requested to submit an expression of interest form if their school is interested in commencing the provision of hot school meals.

Expressions of interests were received from over 900 Primary Schools in respect of 150,000 children and this week these schools were invited to participate in the Hot School Meals Programme from April 2024.

I understand that no expression of interest was received from the school referred to by the Deputy at that time.

I trust this clarifies the matter.

Social Welfare Appeals

Questions (145)

Michael Healy-Rae

Question:

145. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a carer's allowance for a person (detail supplied); and if she will make a statement on the matter. [55467/23]

View answer

Written answers

Carer's Allowance (CA) is a means-tested social assistance payment made to persons who are providing full-time care and attention to a person who has such a disability that they require that level of care. An increased payment can be made where full-time care is being provided to two people.

The person concerned is in receipt of CA for one care recipient since 12 October 2023.

An application for CA for a second care recipient was received on 12 October 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. This 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 was satisfied for the second care recipient.

The person concerned was notified on 17 November 2023 of this decision, the reason 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 1 December 2023 of this decision, the reason for it and of their right of review and appeal.

On foot of this parliamentary question, a further review has been initiated. If the person concerned has further evidence to support their request for a review, they should submit this evidence to the Department.

Once a decision is made, the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Departmental Data

Questions (146)

Catherine Murphy

Question:

146. Deputy Catherine Murphy asked the Minister for Social Protection the number of transfers and or access requests received by her Department from the Department of Education; and the headings under which the data was requested. [55479/23]

View answer

Written answers

The Department shares data on children aged 0 to 5-years-old with the Forward Planning Unit of the Department of Education on an annual basis to assist that Department in its role of providing school places across geographical areas.

The legal basis for the Department to share data with the Department of Education is Section 266 of the Social Welfare Consolidation Act 2005 along with Section 6 and Section 7 of the Education Act, 1998.

Social Welfare Appeals

Questions (147)

Brendan Griffin

Question:

147. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the review of the decision on a carer's allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [55497/23]

View answer

Written answers

Carer's Allowance (CA) is a means-tested social assistance payment made to persons who are providing full-time care and attention to a person who has such a disability that they require that level of care. An increased payment can be made where full-time care is being provided to two people.

An application for CA was received from the person concerned on 4 September 2023 in respect of two care recipients.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

It has been decided that this condition has not been satisfied. It has also been decided that, although the person concerned is providing a certain amount of care, the level provided is not considered to be full-time.

The person concerned was notified on 13 November 2023 of these decisions, the reasons for them and of their right of review and appeal.

The person concerned requested a review of these decisions and submitted additional evidence in support of their application.

As the applicant is engaged in farming, the matter was referred to a local social welfare inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of CA are satisfied.

Once the SWI has reported, a decision will be made, and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

School Meals Programme

Questions (148)

Eoin Ó Broin

Question:

148. Deputy Eoin Ó Broin asked the Minister for Social Protection the reason a school (details supplied) has been refused hot school meals funding, given the school expressed interest previously; if there is a process of appeal available to the school in order to be included; if so, if the process will be outlined; and if she will make a statement on the matter. [55576/23]

View answer

Written answers

The School Meals Programme provides funding towards the provision of food services to some 1,700 schools and organisations benefitting 300,000 children. The objective of the programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement.

Budget 2023 provided €94.4 million for the programme. In February, the Government approved an additional €14.5million to allow access to the Hot School Meals scheme for all remaining DEIS schools from September 2023. Budget 2024 has increased the funding by an extra €42.5 million to extend Hot School Meals in 2024 to non-DEIS primary schools, from April 2024.

I am committed to continuing to expand the School Meals Programme and building further on the significant extension of the programme that has taken place in recent years. As part of this significant expansion plan, all remaining primary schools were contacted and requested to submit an expression of interest form if their school is interested in commencing the provision of hot school meals.

Expressions of interests were received from over 900 Primary Schools in respect of 150,000 children and this week these schools were invited to participate in the Hot School Meals Programme from April 2024.

I understand that no expression of interest was received from the school referred to by the Deputy.

Departmental Data

Questions (149)

Cathal Crowe

Question:

149. Deputy Cathal Crowe asked the Minister for Social Protection the number of persons in each county currently in receipt of the carer’s support grant, in tabular form; and if she will make a statement on the matter. [55588/23]

View answer

Written answers

The Carer’s Support Grant (CSG) is paid to people in receipt of Carer’s Allowance, Carer’s Benefit or Domiciliary Care Allowance. Other people who are not in receipt of a social welfare payment but who are providing full time care and attention may also be eligible and can apply for the grant. The payment is made regardless of the carer's means but is subject to certain conditions, one of which is that the period of full-time care and attention must last for at least six months. For the purpose of approving this grant, this period of care must include the first Thursday in June.

The CSG is currently payable at a rate of €1,850.

The overall cost of the grant in 2023 is expected to be over €268 million.

The following table sets out the number of carers in receipt of the CSG, by county.

-

Republic of Ireland

County

Scheme Count

CARLOW

2,075

CAVAN

2,116

CLARE

3,015

CORK

15,478

DONEGAL

5,415

DUBLIN

28,972

GALWAY

6,522

KERRY

4,404

KILDARE

5,319

KILKENNY

2,394

LAOIS

2,482

LEITRIM

1,017

LIMERICK

6,945

LONGFORD

1,548

LOUTH

3,992

MAYO

3,909

MEATH

4,609

MONAGHAN

1,572

OFFALY

2,888

ROSCOMMON

2,090

SLIGO

1,821

TIPPERARY

5,510

WATERFORD

3,418

WESTMEATH

2,982

WEXFORD

5,130

WICKLOW

3,724

Other/outside ROI

78

Total

129,425

I trust this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (150)

Mattie McGrath

Question:

150. Deputy Mattie McGrath asked the Minister for Social Protection the reason the extension in child benefit to those aged 18 years in full-time employment has been delayed until September 2024 and will not be introduced in January; and if she will make a statement on the matter. [55597/23]

View answer

Written answers

The extension of Child Benefit to 18-year-olds in full-time education was one of my key priorities as part of Budget 2024.

With many children now starting primary school at age 5, together with the increase in pupils doing transition year, there has been an increase in the number of 18-year-olds still in secondary education. I believe the extension of Child Benefit to 18-year-olds in full-time education is a long-term change for the better and will support families across Ireland into the future.

This is a significant change to the Child Benefit scheme which will require technical and operational changes to the social welfare system before implementation. Therefore, the change will take effect from September 2024. Where a child in full time education turns 18 in the meantime they will be covered by the extension from September 2024 until they turn 19.

I trust this clarifies matters for the Deputy.

Departmental Staff

Questions (151)

Catherine Murphy

Question:

151. Deputy Catherine Murphy asked the Minister for Social Protection the number of WTE vacancies currently within her Department and that are normally filled by staff at the grade of administrative officer and above, as of 7 December 2023, in tabular form. [55605/23]

View answer

Written answers

My Department is required to operate within a staff ceiling figure and a commensurate administrative staffing budget.

The staffing needs for all areas within the Department are continuously reviewed, taking account of workloads, management priorities and the ongoing need to respond to new demands across a wide range of services. This is to ensure that the best use is made of available resources with a view to providing an efficient service to those who rely on the schemes operated by the Department.

Vacancies Administrative Officer (AO) and above in my Department at 1 December 2023

Grade

Number of Vacancies

Higher Executive Officer

152

AO

6

AO IGEES

2

Assistant Principal

10

Medical Assessor

9

Assistant Secretary

1

Total

180

Parking Provision

Questions (152)

Niamh Smyth

Question:

152. Deputy Niamh Smyth asked the Minister for Social Protection to review correspondence (details supplied); if she will ensure that parking in provided for staff in her local Department; and if she will make a statement on the matter. [55627/23]

View answer

Written answers

Accommodation for my Department is provided by the Office of Public Works (OPW) in buildings which are either State owned or leased by the OPW on our behalf. The accommodation is typically shared with other Government Departments and Offices with limited car parking spaces available to staff.

This has been brought to the attention of the Department's management who are currently actively engaging with the OPW on this matter.

On foot of this engagement, the OPW are reviewing parking facilities at other owned and leased properties in Cavan town to establish if there are surplus parking spaces that can be allocated to staff affected by the sale of this car park.

Social Welfare Benefits

Questions (153)

Pauline Tully

Question:

153. Deputy Pauline Tully asked the Minister for Social Protection further to Parliamentary Question No. 701 of 7 November 2023, to detail the benefits available to people who have a disability; and to detail the number of people currently in receipt of each of these benefits. [55669/23]

View answer

Written answers

Disability 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.

At the end of November 2023 there were 162,184 individuals supported through DA. All these recipients have a Free Travel entitlement. Records indicate that there were 55,670 of these DA recipients who were also in receipt of Household Benefits.

The following is a breakdown of DA recipients in receipt of supplementary allowances.

Number of Qualified Adults

15,233

Number of child Dependents – Full rate

Full Rate Aged Over 12 - 15,730

Full Rate Aged under 12 – 16,251

31,981

Number of child dependents- Half rate

Half Rate Aged Over 12 – 5,902

Half Rate Aged under 12- 7,098

13,000

Recipients of Living Alone Allowance

34,240

Recipients of Island Allowance

57

Recognising that all work is rehabilitative, the DA scheme is structured to encourage recipients to avail of opportunities to engage in either insurable employment or self-employment. When an individual engages in work, they can avail of an income disregard of 100% of the first €165 earned per week. 50% of earnings between €165 and €375 are also disregarded for the purpose of the means test. Any amounts over €375 are assessed in full. This disregard is available to all DA recipients who engage in employment and there are no restrictions on the hours worked each week.

Under the make work pay initiative, where a DA recipient's means exceed the limits, even after the disregard is applied to their earnings, they are entitled to retain their free travel (FT) pass for five years. My Department has also put in place a system for the fast-track reinstatement of DA for people with disabilities who have taken up or returned to an employment which subsequently did not work out within 12 months.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (154)

Peter Fitzpatrick

Question:

154. Deputy Peter Fitzpatrick asked the Minister for Social Protection when a person (details supplied) will receive a decision on their social welfare appeal; and if she will make a statement on the matter. [55684/23]

View answer

Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 26 September 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 15 November 2023 and the case was assigned to an Appeals Officer on 28 November 2023, who will in due course 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.

Social Welfare Benefits

Questions (155)

Fergus O'Dowd

Question:

155. Deputy Fergus O'Dowd asked the Minister for Social Protection to outline her Department's response to the results of a recent survey of palliative care nurses by an organisation (details supplied) which found that many terminal cancer patients were dying in cold homes which they could not afford to heat; and if she will extend the household benefits package, the fuel allowance payment and the additional needs payment to persons with a cancer diagnosis, as recommended by the organisation. [55818/23]

View answer

Written answers

The Household Benefits Package (HHB) comprises the electricity or gas allowance, and the free television licence. The Department of Social Protection will spend approximately €285 million this year on HHB for over 511,000 customers.

People over the age of 70 receive the HHB package, with one package provided per household. The package is also available to people living in the State aged 66-69 years who are in receipt of certain social welfare payments or who satisfy a means test. The package is available to some people under the age of 66 who are in receipt of certain welfare type payments.

It is important to note that, in general, access to the HHB Package for those aged under 66 is a secondary benefit linked to a person being in receipt of certain primary social protection payments such as Disability Allowance, Invalidity Pension, Carer’s Allowance, Blind Pension and Partial Capacity Benefit. As many illnesses or physical conditions have an impact ranging from mild to severe, entitlement to these social welfare schemes is not provided on the basis of a diagnosis but on the basis of the impact of that diagnosis on the individual concerned and in the case of Disability and Carer's allowance to an assessment of their means. In this way, resources can be targeted to people in most need.

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €412 million in 2023. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

The criteria for Fuel Allowance are framed in order to direct limited resources in as targeted a manner as possible. This ensures that the Fuel Allowance payment goes to those who are more vulnerable to fuel poverty including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.

Extending the eligibility of the HHB package and the Fuel Allowance to the cohort of people suggested would change the nature of the schemes, would require additional funding and would have to be considered in the context of overall budgetary negotiations.

My Department also provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have essential expenses, which they cannot meet from their own resources.

Under the scheme, a Heating Supplement may be paid to assist people in certain circumstances that have exceptional heating costs due to ill health, infirmity or a medical condition and are unable to meet those costs out of household income. Heating supplement is not restricted to the fuel season and can be paid throughout the year. The Department also provides Additional Needs Payments, where appropriate, to people who face difficulties in meeting fuel bills.

The decision process involves consideration of the need presented and the ability of the person and their household to meet that need. This entails an assessment, as opposed to a specific means test, of an applicant’s weekly household income, their savings and investments, their outgoings and the type of assistance needed. Other State supports that may already be available to the person are also considered. This ensures that support is provided to people with the greatest financial need.

There is no provision for an exemption of a medical condition from the decision process. However, any person who considers that they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie

Social Welfare Appeals

Questions (156)

Brendan Griffin

Question:

156. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for an invalidity pension by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [55821/23]

View answer

Written answers

Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.

My Department received an application for IP from the person concerned on 20 September 2023. Based on the information supplied, it was refused on the grounds that the medical conditions for the scheme were not satisfied. Notification of the decision issued to the person in question on 11 December 2023 along with the reasons why the medical conditions for the scheme were not satisfied. This letter also advised of their right to seek a review of this decision or to appeal the decision to the Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Questions (157)

Willie O'Dea

Question:

157. Deputy Willie O'Dea asked the Minister for Social Protection for Social Protection when a decision will be made on an invalidity appeal (details supplied) by a person; and if she will make a statement on the matter. [55823/23]

View answer

Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 07 November 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 22 November 2023 and the case was assigned to an Appeals Officer on 11 December 2023, who will in due course 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.

Social Welfare Appeals

Questions (158)

Brendan Griffin

Question:

158. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a disability allowance appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [55871/23]

View answer

Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 02 November 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 14 November 2023 and the case was assigned to an Appeals Officer on 28 November 2023, 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.

Paramilitary Groups

Questions (159)

Brendan Smith

Question:

159. Deputy Brendan Smith asked the Minister for Justice her views on the recent report of the Independent Reporting Commission, with particular reference to the continuing threat from paramilitarism; her views on the need to introduce additional measures to tackle and end paramilitarism; and if she will make a statement on the matter. [55784/23]

View answer

Written answers

The Independent Reporting Commission is the body established under the Fresh Start Agreement 2015 to report on measures aimed at ending paramilitarism. The Commission submitted its first Report to the UK and Irish Governments in 2018 and its sixth and most recent report on 5 December. Both the Secretary of State for Northern Ireland and I have welcomed the reports of the Commission.

The Reports of the Commission provide a comprehensive insight into the work that is being done to tackle paramilitary activity in Northern Ireland and they set out a pathway to achieving progress.

While acknowledging that paramilitarism is not on the same scale as it was during the Troubles, the IRC report that paramilitary groups remain active and continue to exert coercive control in some communities.

The Commission views the Twin Track Approach as key to tackling paramilitarism. This involves progress both through the policing and criminal justice response, and a response to the wider socio-economic factors that exist in the communities where paramilitaries continue to operate.

I welcome that the Commission notes progress being made to tackle paramilitary activity. The Commission reports that Phase Two of the Tackling Paramilitarism Programme is achieving tangible benefits on the ground and that collective law enforcement efforts are having an impact on the groups and their leaderships.

I also welcome the recognition by the IRC of the continued good co-operation between the two jurisdictions at various levels including via the Joint Agency Task Force. I can also assure the Deputy of the very close, ongoing co-operation between the Gardaí and their police and security counterparts in Northern Ireland in all aspects of policing and, indeed, in countering the threat from paramilitaries and cross border crime.

The Commission continue to see the need for a third dimension to tackle paramilitarism, namely the consideration of the undertaking of a process of engagement with the paramilitary groups themselves, aimed at Group Transition and the end goal of disbandment. One of the recommendations in the fifth report is that the Governments consider appointing an independent person to engage with the groups on transition. Both Governments agree that this recommendation has the potential to make a positive contribution, and will continue our joint work to consider this recommendation of the Commission.

This recommendation is one of a suite of responses identified by the IRC to be considered in tackling paramilitarism.

My Department remains committed to continued constructive engagement with the Commission and with the authorities in Britain and Northern Ireland on tackling this complex problem.

Departmental Data

Questions (160)

Cormac Devlin

Question:

160. Deputy Cormac Devlin asked the Minister for Justice if she will provide figures, in tabular form, for the volume of complaints to the Garda Síochána Ombudsman Commission year-on-year since its establishment in 2007; how many Garda have been suspended year-on-year since 2007; how many cases remain open (by timeframe); and if she will make a statement on the matter. [55453/23]

View answer

Written answers

As the Deputy will be aware, the Garda Síochána Ombudsman Commission (GSOC) is an important independent statutory body established under the Garda Síochána Act 2005. I want to emphasise the vital role that GSOC plays in providing the necessary oversight of An Garda Síochána. GSOC is completely independent in its functions, and as Minister I cannot comment on any GSOC investigations or policies. This independence is the hallmark of good oversight.

As the Deputy will also appreciate, disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 (as amended) and the Garda Síochána (Discipline) Regulations 2007, as amended by the Garda Síochána (Discipline) (Amendment) Regulations 2011, and are a matter for the Garda Commissioner. As Minister, I have no role in such matters.

However, to be of assistance I sought the information requested by the Deputy and have been advised that the table below sets out the number of Garda members suspended by year for the period requested:

Year

No. of suspensions in year

2007

6

2008

7

2009

11

2010

15

2011

8

2012

11

2013

24

2014

16

2015

12

2016

9

2017

9

2018

21

2019

26

2020

41

2021

44

2022

44

2023 (to date)

23

I am informed by GSOC that the below table sets out the number of complaints received by the Ombudsman for the years requested. Please note these figures are taken from GSOC's annual reports, which are published on their website:

Year

No. of complaints

2008

2,681

2009

2,097

2010

2,258

2011

2,275

2012

2,089

2013

2,027

2014

2,242

2015

1,996

2016

1,758

2017

1,949

2018

1,921

2019

1,756

2020

1,955

2021

2,189

2022

1,826

I am further informed that the table below sets out the number of cases with GSOC that remain open, by length of time in years and days.

Year

No. of GSOC cases

Cases outside GSOC control awaiting AGS Boards of Inquiry, Court Proceedings, Coroner’s Inquests, DPP Decisions – over 2 years

0-1 (0-365 days)

317

-

1-2 (365-730 days)

98

-

2-3 (730-1095 days)

41

23

3-4 years (1095-1460 days)

19

17

4-5 years (1460-1825 days)

9

16

5-6 years (1825-2190 days)

4

2

6 onwards (2190 days onwards)

6

4

Citizenship Ceremonies

Questions (161)

Bernard Durkan

Question:

161. Deputy Bernard J. Durkan asked the Minister for Justice the general timeframe within which successful applicants for citizenship/naturalisation receive their certificates after their respective citizenship ceremonies; if all efforts are being made to ensure that new citizens receive their documentation as soon as possible; and if she will make a statement on the matter. [55503/23]

View answer

Written answers

My Department is committed to ensuring that all applicants who attend a ceremony receive their certificates of naturalisation in a timely manner. At present, certificates are posted to successful applicants after they attend a ceremony and perform their Oath of Allegiance. The majority of these certificates are issued to applicants within six weeks of the ceremony taking place.

I can further advise the Deputy that all attendees from the 2nd October 2023 citizenship ceremony have now received their certificate of naturalisation, other than a very small number from whom the Citizenship Division of my Department await clarification or further information. There are certain instances where further clarification has to be sought, including concerning the postal address for delivery or the quality of passport photo provided.

Family Reunification

Questions (162)

Bernard Durkan

Question:

162. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in progressing an application for family reunification in the case of the family of a person (details supplied); and if she will make a statement on the matter. [55515/23]

View answer

Written answers

I am pleased to inform the Deputy that the applications referred to were granted on 6 December 2023.

Any non EU/EEA nationals who wish to remain for longer than 90 days must register with their local immigration office and apply for further permission to remain before their initial permission to remain expires. Full details of the Registration process can be found at the link below:

www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/requirements-and-documents-needed/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.

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