Kathleen Funchion
Question:407. Deputy Kathleen Funchion asked the Minister for Social Protection the reason a person (details supplied) has been waiting 14 weeks for a decision on their invalidity pension claim. [3062/24]
View answerDepartmental Data
Questions (407)
Written answers
Invalidity Pension is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy certain Social Insurance (PRSI) contribution conditions.
The person concerned has been awarded Invalidity Pension with effect from 19 October 2023 and will receive his first payment to his nominated bank account on 1 February 2024. All arrears due from 19 October 2023 to 31 January 2024 will also issue to his account on 1 February 2024. The person in question was notified of this decision on 19 January 2024.I hope this clarifies the position for the Deputy.
Departmental Data
Questions (408)
Catherine Murphy
Question:408. Deputy Catherine Murphy asked the Minister for Social Protection if she will clarify whether the transfer of data and/or records from her Department that is transferred to other departments, State bodies and local authorities is in aggregated form or on an individual basis; and the reason the data and/or records are provided. [3089/24]
View answerWritten answers
My Department shares personal data with a number of Government Departments, bodies, agencies, and local authorities, for the purposes which are set out in the Social Welfare Consolidation Act 2005 and in other Acts. The personal data shared may include identity data, such as Personal Public Service Number (PPSN), name, address, date of birth, as well data relating to life events such as date of birth and date of death. In addition, data on social welfare payments and data relating to a person's social insurance contributions are shared with the Revenue Commissioners.The data shared may be aggregated or individual depending on the legislative provisions and purpose which relate to the data sharing activity, which provisions set out the purpose for which the data can be shared.
For example, data may be shared on an individual basis with a public body by way of an Application Programme Interface (API) for the purpose of sharing data in relation to a person's social welfare payment, or for the purpose of authenticating their identity when they use MyGovID to access an online service provided by that public body.
An example of data being shared on an aggregated basis would be the nightly file shared with the HSE for the purpose of updating the National Register of Individual Health Identifiers under the Health Identifiers Act 2014.
My Department has an effective data governance framework in place to ensure that it meets its obligations as a data controller under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 in respect of its data sharing activities. This includes putting in place specific Data Sharing Agreements in respect of the sharing of data with other Departments and agencies.
Alcohol Sales
Questions (409)
Charles Flanagan
Question:409. Deputy Charles Flanagan asked the Minister for Justice if her Department intends commissioning a health impact assessment in respect of the Government's proposed extended opening hours for licenced premises; and if so, when. [3065/24]
View answerWritten answers
The General Scheme of the Sale of Alcohol intends to modernise our existing licensing laws in line with the expectations and needs of today’s society, and to encourage the development of a modern and diverse night-time economy.
The proposed legislation endeavours to strike a balance between maintaining strict controls and safeguards in relation to the sale of alcohol, while providing support to those involved in our night time economy.
Given the known social and health effects associated with misuse of alcohol, Ireland has, for many decades, operated a restrictive regime for licencing. The General Scheme of the bill retains that approach and will ensure that the sale of alcohol remains closely regulated.
Throughout the development of the Bill, my Department engaged in an extensive consultation process with representative bodies in the licensed trade, businesses, public health bodies and advocacy groups, consumers and communities in relation to the proposed legislation.
A public consultation, including an online survey and a request for submissions, ran from November 2021 until January 2022. More than 5,000 responses were received. These included responses from Alcohol Action Ireland; Ballymun Local Drugs and Alcohol Task Force; The College of Psychiatrists of Ireland; The Health Service Executive Alcohol Programme; Institute of Public Health; Irish Community Action on Alcohol Network and National Suicide Research Foundation.
In addition, a webinar and panel discussion event was held on 10 March 2022. The consultation process demonstrated that there is a strong demand for reform and modernisation of the law in this area.
I can assure the Deputy that public health is a factor for my Department when considering the introduction of reforms with regard to the sale of alcohol. As part of the overall process, my Department continues to engage with various public and voluntary health bodies and is committed to considering their views and those of the Department of Health on any potential health implications as the Bill progresses.
It is my intention to bring forward a shorter Bill to provide for key reforms including the standardisation of opening hours for pubs and off-licences. It will also introduce an annual late bar and nightclub permits, enforcement powers for An Garda Síochána as well as cultural amenity licences. Drafting has commenced on this Bill, which I hope to bring to the Houses of the Oireachtas in the coming months.
Departmental Staff
Questions (410)
Jennifer Murnane O'Connor
Question:410. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of WTE network cyber security- ICT specialists at the grade of executive officer working in her Department as of 15 January 2024; if she will provide same figures as of 31 December 2022, in tabular form; and if she will make a statement on the matter. [2355/24]
View answerWritten answers
My Department implements a security-by-design and defence-in-depth approach to cyber security. The Department has significantly enhanced its cyber security capabilities in recent years and continues to evolve this dynamically and systemically. To this end my Department engages specialist security third parties to further support its internal resources.
I hope the Deputy will appreciate that for sound operational and security reasons, my Department does not disclose specific information relating to staffing numbers, specialist qualifications, spend, training, and/or specific strategies employed to counter and combat the threats posed to information security.
However, I wish to assure the Deputy that the technical team in my Department liaises closely with the Office of the Government Chief Information Officer (OGCIO) and the National Cyber Security Centre (NCSC) to ensure that best and up to the minute practice is followed in relation to all aspects of cybersecurity.
An Garda Síochána
Questions (411)
Jennifer Murnane O'Connor
Question:411. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of incidents that Garda air support unit were requested to attend in the years of 2023 and to date in 2024, in tabular form; and if she will make a statement on the matter. [2356/24]
View answerWritten answers
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the deployment of specialist units. As Minister, I have no role in such matters.
I have been advised by the Garda authorities that the Garda Air Support Unit is a national resource based at Casement Aerodrome, Baldonnel, Co. Dublin. The unit is under the direction and control of Assistant Commissioner, Organised and Serious Crime and the operational control of Detective Chief Superintendent, Operational Support Services.
The unit provides a 24-hour proactive and reactive service in support of operational Gardaí on the ground and specialist units. Details of the Garda Air Support Unit operational provisions are published annually in An Garda Síochána annual reports available at the following link:
garda.ie/en/information-centre/annual-reports/
I am advised that the 2023 Annual Report is not yet finalised and will be published later this year. As a result, figures for 2023 are unavailable at present.
To be of assistance to the Deputy, the below table extracted from the published Annual Reports, outlines the number of incidents the Garda Air Support Unit attended in the years 2021 and 2022.
|
Year |
Incidents Attended |
|
2022 |
1,497 |
|
2021 |
1,843 |
An Garda Síochána
Questions (412)
Jennifer Murnane O'Connor
Question:412. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of in-person Garda mountain bike training courses held for gardaí within Kilkenny-Carlow division in the years of 2022 and 2023, in tabular form; and if she will make a statement on the matter. [2357/24]
View answerWritten answers
As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána, including training and HR matters. As Minister, I have no direct role in these matters.
I am informed by the Garda authorities that one training course was delivered to Waterford/Kilkenny/Carlow division in the period referred to, in which there were 11 participants.
Ukraine War
Questions (413)
David Stanton
Question:413. Deputy David Stanton asked the Minister for Justice the status of Ukrainian citizens who also hold Hungarian passports as a result of the 2010 Hungarian Citizenship Act and who were living in Transcarpathia, Zakarpattia Oblast, (reference the 1921 Treaty of Trianon), who travelled to Ireland as a result of the Russian invasion of Ukraine using a Hungarian passport; if these people are recognised under the Temporary Protection Directive; and if she will make a statement on the matter. [2383/24]
View answerWritten answers
I can advise the Deputy that Temporary Protection in Ireland applies to the following groups of people who have had to flee Ukraine due to the invasion by Russia:
a) Ukrainian nationals who were residing in Ukraine before 24 February 2022;
b) 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;
c) 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.Applicants must provide their identity documents and proof of residency in Ukraine prior to 24 February 2022 in order to meet the criteria for temporary protection. This proof can take many forms including; evidence of address, medical records, educational records, banking records etc.
Under the free movement regulation, it should also be noted that any EU citizen may relocate to any member EU State. The conditions for the exercise of the right of free movement and residence within the territory of the Member States by EU citizens and their family members are set out in the Free Movement Directive 2004/38/EC
Legal Services Regulation
Questions (414)
Pa Daly
Question:414. Deputy Pa Daly asked the Minister for Justice to make a statement on any reforms to conveyancing law she has planned.; and if she will make a statement on the matter. [2394/24]
View answerWritten answers
Conveyancing is the legal process of transferring ownership of land or buildings from one person to another. Major legislative reforms in recent years to conveyancing law include the Land and Conveyancing Law Reform Acts 2009-21. The Land and Conveyancing Law Reform Act 2009 (‘2009 Act’) was a major piece of reforming legislation, which repealed a large number of outdated laws and concepts, and modernised much of our land and conveyancing law.
Since the 2009 Act, a number of further reforming amendments have been introduced, including in 2021 through the Land and Conveyancing Law Reform (Amendment) Act, which clarified the law regarding registration of prescriptive easements and profits à prendre.
In addition, the Registration of Title Act 1964 and Registration of Deeds and Title Act 2006, provided for mandatory progressive registration in the Land Registry of property ownership in Ireland, and later merged the Land Registry and Registry of Deeds into a single property registration body, the Property Registration Authority (itself merged into Tailte Éireann, in March 2023). Some 90% of Irish property now has its ownership registered in the Land Registry.
Regarding the granting of probate in the conveyancing process, it may also interest the Deputy to know that the Courts Service have embarked on a 10-year programme of modernisation of the Courts system. A proposal to roll out an eProbate project has been identified as part of the civil law modernisation workstream.
I have secured an additional funding allocation for the Courts Service to facilitate the delivery of eProbate in 2024. The introduction of this improved system should lead to a faster and more efficient process. The reform of conveyancing law and the conveyancing system is therefore ongoing and will continue to be updated, where identified as appropriate.
The Taoiseach recently established a Working Group on Conveyancing and Probate to carry out a review of current conveyancing and probate processes and identify scope for greater efficiency and streamlining. It is envisaged that this Group will report its recommendations in the coming months to the Housing for All Secretaries General delivery group.
Legal Services Regulation
Questions (415)
Pa Daly
Question:415. Deputy Pa Daly asked the Minister for Justice if she will consider law reform in the area of summary judgements, and in particular if she will consider removing ordinary household mortgage holders from being affected by same. [2395/24]
View answerWritten answers
I wish to advise the Deputy that the Government is committed to facilitating easier, speedier access to justice for both individuals and businesses.
However, Summary judgments are covered by Rules of Court and are therefore a matter for the Courts Service and the judiciary, who are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.
While all legislation is kept under review, there are no plans to amend the law governing summary judgements at this time.
Legal Aid
Questions (416, 417)
Alan Dillon
Question:416. Deputy Alan Dillon asked the Minister for Justice when the 10% increase in the criminal legal aid payment will be introduced, as committed to in Budget 2024; and if she will make a statement on the matter. [2396/24]
View answerAlan Dillon
Question:417. Deputy Alan Dillon asked the Minister for Justice if there will be an increase in the criminal legal aid payments rates so that full re-instatement can be achieved; and if she will make a statement on the matter. [2397/24]
View answerWritten answers
I propose to take Questions Nos. 416 and 417 together.
A 10% increase in criminal legal aid payments came into effect from 1 January 2024 for work undertaken subsequent to 1 January.
The Criminal Legal Aid Scheme also needs to be modernised, which the Department is currently working on, before a further increase in fees can be agreed.
Question No. 417 answered with Question No. 416.
Asylum Applications
Questions (418)
Richard Bruton
Question:418. Deputy Richard Bruton asked the Minister for Justice if she will outline the procedure for managing the application of persons applying for asylum who have no documentation when they land; whether the carriers retain records of the documentation presented when boarding; and if she will make a statement on the matter. [2404/24]
View answerWritten answers
When an individual presents at a port of entry without proper documentation, e.g. an accepted travel document such as a passport, or without a valid visa for entry if required, they are generally refused leave to land and returned to their country of origin as soon as is practicable. If an individual indicates or is identified as being in need of international protection they are admitted to the international protection process in line with our international human rights and legal obligations.
For those claiming international protection, a preliminary interview is undertaken at Dublin Airport; this involves also the fingerprinting of applicant. The applicant is thereafter referred to International Protection Office for processing.
I can advise the Deputy that Section 2(3) of the Immigration Act 2003 provides that Immigration Officers may request from carriers a list of all persons on board a particular vehicle and of the details relating to their nationality and identity. It is a matter for each carrier what level of documentation is retained by them.
My Department’s Border Management Unit and the Garda National Immigration Bureau are working closely with airlines on a range of measures to ensure that passengers have appropriate documentation when boarding. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters. These measures include training of airline ground staff in identification of valid documentation. 2023 has seen a reduction of one third in the number of persons arriving at Dublin Airport without the correct documentation.