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Wednesday, 31 Jan 2024

Written Answers Nos. 93-112

School Meals Programme

Questions (93)

Fergus O'Dowd

Question:

93. Deputy Fergus O'Dowd asked the Minister for Social Protection her plans to address the needs of coeliac diagnosed children with regard to the ever-growing and welcome roll-out of the school meals programme; and if she will make a statement on the matter. [4404/24]

View answer

Written answers

The objective of the School Meals 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.  Following the expansion of the programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.

Funding under the School Meals Programme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided.  These meals must meet the nutritional standards for the school meals programme. 

The Nutritional Standards for School Meals were developed by a working group led by the Health and Wellbeing Programme in the Department of Health, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive.

Each school is required to provide a menu choice of at least two different meals per day and where required, provide a vegetarian/vegan option and an option that caters for students’ religious and cultural dietary requirements.  The food provided for those with allergies must comply with the Standards. Guidance on allergies such as coeliac disease and gluten intolerance is available from www.Safefood.net/Allergens

Schools are responsible for choosing their own School Meals supplier on the open market in a fair and transparent manner in accordance with Public Procurement rules.  Under tender documentation as stipulated by the Schools Procurement’s Unit (www.spu.ie), the menu is to accommodate those with food intolerances and allergies, from lactose-free to vegetarian to gluten-free for example.  In addition, the supplier is to check with the school upon award of the contract, the details of such to accommodate those potential customers and the supplier must provide clearly visible menu boards with an allergens list.

The Department provides the funding directly to the schools, who are then required to procure the provision of the food in compliance with Government procurement rules and with relevant Hazard Analysis & Critical Control Point, Food Safety regulations and the Nutritional Standards for School Meals.  It is the responsibility of the school to source a supplier that can meet the dietary requirements of all of their pupils.

I trust this clarifies the matter.

Social Welfare Benefits

Questions (94)

Mark Ward

Question:

94. Deputy Mark Ward asked the Minister for Social Protection what options are open to a person who was previously in full-time employment and is now in full-time education in regard to availing of social welfare; and if she will make a statement on the matter. [4406/24]

View answer

Written answers

A person can qualify to receive a jobseeker's payment once they satisfy all the qualifying conditions for the payment, including being available for full-time work.  A person who is attending a full-time course of education will not qualify for a Jobseeker's payment as they cannot satisfy the available for full-time work condition.

I trust this clarifies the issue for the Deputy.

State Pensions

Questions (95)

Bernard Durkan

Question:

95. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of eligibility for an increase in the rate for a qualified adult in respect of a State pension (contributory) in the case of a person (details supplied); if she will list the information still outstanding, if any; and if she will make a statement on the matter. [4408/24]

View answer

Written answers

The person concerned is in receipt of the State Pension (contributory). He is also in receipt of an increase for a qualified adult (IQA) at the maximum rate in respect of his spouse. The IQA is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.

Where a qualified adult has weekly means of less than €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. A review of the IQA was carried out following receipt of the requested information. A natural justice letter has issued to the person concerned proposing a reduction in the IQA from 15 February 2024.

They have also been afforded the opportunity to furnish, within 21 days, any statement or evidence that they wish to make available to the Deciding Officer before a decision on their entitlement is finalised.I hope this clarifies the position for the Deputy.

Social Welfare Code

Questions (96, 97)

Aengus Ó Snodaigh

Question:

96. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the estimated cost of expanding Catherine’s Law to exempt the receipt of scholarships or grants from An Chomhairle Ealaíon by recipients of disability allowance or the blind pension from their means testing. [4476/24]

View answer

Aengus Ó Snodaigh

Question:

97. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the estimated cost of expanding Catherine’s Law to exempt the receipt of the basic income for the arts scheme by recipients of disability allowance or the blind pension from their means testing. [4477/24]

View answer

Written answers

I propose to take Questions Nos. 96 and 97 together.

Disability Allowance and Blind Pension are means tested social assistance schemes, which are also subject to a medical assessment and habitual residency requirement.The means test plays a critical role in determining if an income need arises as a consequence of a particular contingency - be that illness, caring, unemployment or disability. Applying a means test not only ensures that the recipient has an income need but also that scarce resources are targeted.  The means assessment reflects the fact that there is an expectation that people with reasonable amounts of income or capital are in a position to use these resources to support themselves, so that social welfare expenditure can be directed towards those who need it most.

There are a number of scholarships, such as those awarded by certain charitable organisations, which are not assessed as part of the means test for any social welfare payment.  These include payments under the 1916 Bursary Fund and under Higher Educational Scholarships for Adult Learners from Uversity, to a maximum of €7,000 per annum.  Uversity is a registered charity that has been awarding Higher Education Scholarships to adult learners since 2018.  In addition, in 2021/22, disregards were introduced for persons in receipt of the Disability Allowance and Blind Pension who have been granted a bursary, stipend or scholarship towards completing a PhD.

My department encourages social welfare recipients to avail of education and training through the Back to Education scheme, as well as by referrals to Education and Training Board courses through the Department's Intreo service.  In addition, income received from the SUSI grant is disregarded in the means test for most social welfare schemes.

Disregards across all of the Department's schemes are kept under constant review and just last November I signed Regulations to disregard up to €7,000 from UCD’s Cothrom na Féinne Scholarships.  This will support students on low incomes to access third level education and to alleviate the financial barriers facing families in receipt of social welfare.

Legislation does not provide for a disregard for funding from grants for artists and as such, any awards made through these types of schemes are assessed as income in the means test.  Without more information about the number of people availing of these grants and their monetary value, it is not possible to estimate the cost of disregarding them, as per the Deputy's question. 

Disability Allowance and Blind Pension have been designed to support recipients pursuing employment opportunities, be that self-employment or insurable employment.  When a person is in employment, an income disregard of €165 per week is applied.  In addition, 50% of earnings between €165 and €375 are also disregarded for the purpose of the means test. 

If a person in receipt of Disability Allowance or Blind Pension receives income in the form of a grant for a piece of work, the grant is divided by the number of weeks allocated for the work and then assessed, taking into account the income disregards that apply.Any proposed changes to the means test for schemes, would need to be considered in an overall budgetary and policy context.I trust that this clarifies the matter for the Deputy.

Question No. 97 answered with Question No. 96.

School Meals Programme

Questions (98)

Michael Ring

Question:

98. Deputy Michael Ring asked the Minister for Social Protection if a programme could be extended to a school (details supplied); and if she will make a statement on the matter. [4489/24]

View answer

Written answers

The objective of the School Meals 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.  Following the expansion of the programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.

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 last year 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 late last year these schools were invited to participate in the Hot School Meals Programme from April 2024.

My officials advise me that no expression of interest was received from the school referred to by the Deputy at that time.  There will be an opportunity for this school and the other primary schools who had subsequently expressed an interest, to do so formally during this year.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (99)

Denis Naughten

Question:

99. Deputy Denis Naughten asked the Minister for Social Protection if she will confirm that Irish citizens can only receive child benefit if the child is resident within the State; and if she will make a statement on the matter. [4519/24]

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Written answers

Child Benefit is a universal monthly payment made to families with children up to the age of 16 years.  The payment is currently paid in respect of children until their eighteenth birthday who are in full-time education or who have a disability.  The extension of Child Benefit to 18-year-olds in full-time education was one of my key priorities as part of Budget 2024 and work on introducing this change is ongoing.  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. In order to be a qualified child for the purpose of Child Benefit, the child must, amongst other things, be ordinarily resident in this state.  This requirement is deemed to be satisfied in cases of:

• members of the Irish Defence Forces or the Irish Civil Service serving abroad,

• volunteer development workers, and

• persons temporarily employed abroad by an Irish employer and paying Irish social insurance contributions.

Under EU law, Child Benefit is classified as a Family Benefit. Regulation (EC) 883 of 2004 provides that the country of employment pays family benefits even though the family may reside in another EU Member State, or another State within the European Economic Area.  As such, Child Benefit can be payable even if the child or children are resident in another European Economic Area State.  The amount of Child Benefit payable by my Department will depend on whether there is entitlement to family benefits from another European Economic Area State in respect of the same child or children.  The claim should be made in the country of work which contacts the other country to ensure that the full entitlement is received. I trust this clarifies matters for the Deputy.

Social Welfare Benefits

Questions (100)

Michael Healy-Rae

Question:

100. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will review an overclaim for a person (details supplied); and if she will make a statement on the matter. [4587/24]

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Written answers

Carer'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.CA had been in payment for the person concerned since 6 January 2011. The overpayment amount in this case refers to an overpayment of CA and the associated Carer's Support Grant (CSG) of which the person concerned was notified in writing on 23 November 2017.  The overpayment relates to the period 22 November 2012 to 18 October 2017.  The total overpaid amount assessed was for €60,281.40 and to date the person concerned has repaid €15,655.50 leaving an outstanding balance of €44,625.90.

On 12 October 2017 a letter issued to the person concerned stating that their payment may be reconsidered because it is a condition of CA that a person must be providing full-time care and attention. This means that the person concerned must provide a minimum of 35 hours care per week to the care recipient.  The information available at the time was that the person concerned had not been providing full time care and attention. The person concerned was given 7 days to reply, but did not respond. CA was therefore stopped.An assessment was carried out on this case on 23 November 2017, the person concerned was assessed with a CA and CSG overpayment of €60,281.40 between the dates of 22 November 2012 to 18 October 2017.A letter stating this decision, the reasons for it and of the right to review and/or appeal the decision issued to the person concerned on 23 November 2017, as did a separate Schedule of Overpayments.On 24 January 2019, the person concerned was approved a subsequent CA application.  On 2 February 2019, the Debt Recovery Unit (DRU) in Longford sent correspondence to the person concerned advising them that it was proposed to withhold CA Arrears of €14,632.70.On 12 November 2021, the Central Debt Unit (CDU) wrote to the person concerned and advised them to make adjusted weekly payments of €50.00 on their debt of €44,625.90 within 14 days.  The Department did not receive a response. On 12 December 2021, CDU issued a final reminder to the person concerned on the debt of €44,625.90.  The person was informed of the Department’s legal powers which permit an attachment to earnings from their employer or monies held in a financial institution.  The Department did not receive a response.On 13 January 2022, an Attachment Letter was issued by CDU to the person concerned advising them if they did not respond by 31 January 2022, that a notice of attachment would issue to their employer without any further notice instructing that 15% of current earnings be paid to Department for outstanding debts of €44,625.90.On 25 January 2022, the Department were contacted by Solicitors for the person concerned in relation to the outstanding debt.  A response issued to the solicitors on 27 January 2022 outlining the debt of €44,625.90.  The Department did not receive a response. On 26 April 2023, the CDU wrote to the person concerned and advised the person concerned to make adjusted weekly payments of €50.00 on the debt of €44,625.90 within 14 days.  The Department did not receive a response.Annual Statements issue automatically from the Debt Recovery System.  On 12 January 2024, an Annual Statement issued stating that the balance of the overpayment is currently €44,625.90.  The person concerned was asked to make contact with the Department regarding the debt.CDU will engage with the person concerned on foot of any response received and will take into consideration any financial burden that they are experiencing as a result.  Any new repayment plan applied will need to be reasonable to the person concerned and the Department. 

As with all debts owed to the Department, every effort must be made to recover debts in full.

I hope this clarifies the situation for the Deputy.

Social Welfare Benefits

Questions (101)

Violet-Anne Wynne

Question:

101. Deputy Violet-Anne Wynne asked the Minister for Social Protection the reason a person (details supplied) was refused an exceptional needs payment; and if she will make a statement on the matter. [4632/24]

View answer

Written answers

Under the Supplementary Welfare Allowance (SWA) scheme, the Department may make an Additional Needs Payment (ANP) to help meet essential expenditure which an eligible person could not reasonably be expected to meet from their weekly income.  This is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain supplements to assist with ongoing or recurring costs that cannot be met from the customer’s own resources, and which are deemed to be necessary.  ANPs are administered by Designated Persons in the Community Welfare Service considering the requirements of the legislation and all the relevant circumstances of the case.

According to the records of the Department, the person concerned applied for an ANP on 12/01/2024 to assist with the purchase of two batteries for their Mobility Scooter.  This claim was disallowed on the basis that the person had adequate means to meet the cost of the batteries from their own resources. A letter issued to the person concerned on 24/01/2024 advising them of the outcome of their application and affording them the option of seeking a review of the Designated Person’s decision.  

Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act.   

Following your request, a review of the decision was undertaken.  The SWA Reviewing Officer has awarded the person concerned a payment of €172 which will be presented to their nominated bank account in the coming days.  A letter issued to the person concerned on 30/01/2024 advising them of this decision.

Social Welfare Benefits

Questions (102)

Violet-Anne Wynne

Question:

102. Deputy Violet-Anne Wynne asked the Minister for Social Protection that average length of time it takes from the day of application for an applicant to be either granted or denied disability allowance; and if she will make a statement on the matter. [4651/24]

View answer

Written answers

My Department is committed to providing a quality service to all its customers.  This includes ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.The processing target for the Disability Allowance (DA) scheme is to award 75% of applications within 10 weeks.  The average number of weeks to award a DA claim at the end of December 2023 was 10 weeks. 

My Department understands the many pressures faced by people and always seeks to ensure that claims are processed quickly and efficiently. In respect of 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. 

To help the Department to make timely and fair decisions on applications, applicants should ensure that they complete the application form fully, attach all the supporting documentation required as per the checklist provided on the application form.  It is particularly important that they provide, at the outset, all the details they have in relation to the medical conditions. In order to register a claim and establish an early entitlement or claim date many people submit an application without first securing all of the necessary supporting documentation. Claims with missing supporting information typically take longer to process.  

My Department consistently strives to enhance processing time targets and are continually reviewing processes to deliver optimal customer service. It is important to note that, while a DA application is being processed, a person may apply for income support through Supplementary Welfare Allowance. Where a claim is decided in a person's favour after a delay, DA arrears will issue to the customer dated back to the date their claim was received.

I hope this clarifies the matter for the Deputy.

Naturalisation Applications

Questions (103)

Jackie Cahill

Question:

103. Deputy Jackie Cahill asked the Minister for Justice the average turnaround for a naturalisation application currently; and if she will make a statement on the matter. [4339/24]

View answer

Written answers

I am deeply conscious of how important the granting of naturalisation is to all of those who apply for it. The median processing time for applications currently stands at 19 months. I understand that extended wait times can be frustrating and disruptive for applicants and my Department has been working hard to clear backlogs.

Processing rates have increased by over 30 percent against pre-pandemic figures. This has been achieved through adding staff and through digitising and streamlining processes.

The digitisation measures introduced include eVetting and online payments, and more recently a move to online based applications. This provides a streamlined application process and helps guide applicants through what is required for their application.

Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.

Family Reunification

Questions (104)

Bernard Durkan

Question:

104. Deputy Bernard J. Durkan asked the Minister for Justice if a join spouse visa will be issued in the case of a person (details supplied); and if she will make a statement on the matter. [4342/24]

View answer

Written answers

I can advise the Deputy that the application referred to was created on the 26 July 2023. Supporting documentation was received in the New Delhi office on the 02/08/2023 where it awaits examination and processing.

Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:

www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf

This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.

A 12 month target will apply for applications to join Category B sponsors, such as Non Critical Skills Employment Permit Holders or Stamp 4 holders not covered by other more favourable arrangements.

However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.

It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.

The applicant will be notified as soon as a decision has been reached by a Visa Officer.

Processing times and decisions at the Overseas Visa Offices can be checked at the following link:

www.irishimmigration.ie/visa-decisions/#decisions

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.

An Garda Síochána

Questions (105)

Mark Ward

Question:

105. Deputy Mark Ward asked the Minister for Justice how many applications for Garda vetting are received per local authority; the average time it took to process an application in each of the years 2021 to 2023, in tabular form; and if she will make a statement on the matter. [4403/24]

View answer

Written answers

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters. As Minister, I have no role in these matters, nor can I direct the Commissioner with regard to them. 

As referred to by the Deputy in the additional clarification provided to my Department, I made enquiries with the Garda authorities in relation to the number of vetting applications received in respect to Local Authority Housing. 

I understand that Section 15 of the Housing (Miscellaneous Provisions) Act 1997 provides for Local Authorities to obtain criminal record checks in respect of persons applying for housing. 

I am advised by the Garda authorities that the Garda Vetting Bureau has no role in any vetting carried out in respect of individual applicants for Local Authority housing. 

I am further advised that these requests are processed on a case-by-case basis by the local Superintendent in charge of the District wherein the subject of the request resides. I am further advised that guidance in respect of the application of section 15 is provided for in HQ Directive 136/97.

Asylum Applications

Questions (106)

James O'Connor

Question:

106. Deputy James O'Connor asked the Minister for Justice to clarify the steps for applying for asylum in Ireland, specifically, where applicants stay for the initial five days if they do not apply at the port of entry; the conditions under which the port authority grants entry; what information the IPO officer looks for to verify the applicant's identity, country of origin and immigration history; what conditions do not allow for entry; how the personal interview differs from the preliminary interview; and if she will make a statement on the matter. [4430/24]

View answer

Written answers

Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and gain entry to the State. In performing their duties, an Officer is required to consider all of the circumstances relating to the individual at the time of entry. Section 4(3) of that Act sets out the full range of grounds on which a passenger may be refused level to enter.

If an individual presents at a port of entry without proper documentation, or without a valid visa for entry if required, they are generally refused leave to land and returned to the country they have arrived from as soon as is practicable.  

Where 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. 

With regard to the  establishment of a person’s identity and nationality, this is an important feature of our immigration process in general. When it comes to international protection applicants, each person that enters the process is fingerprinted and photographed. These fingerprints are checked against EURODAC, an EU database which stores the fingerprints of asylum applicants and those who have crossed borders illegally.

Current operational guidelines requires an individual who applies for asylum at a port or airport to present the next working day at the International Protection Office in Dublin.  Arrangements are made for such persons to be accommodated by IPAS overnight if necessary.

In relation to the difference between a preliminary and personal interview, the former is carried out under Section 13 of the International Protection Act 2015 and happens either at a port of entry, or the IPO, depending on where the application is first made.  The Section 13 interview is used to establish information such as the applicant's identity, nationality, route of travel and the basis of their claim.  As part of this initial interview, the applicant is required to present their contact details, including their address in Ireland where they have one.

When the International Protection Office (IPO) accepts an application for international protection, the applicant will receive a Temporary Residence Certificate (TRC) and a formal, but limited, permission to remain in the State while their case is pending.

Following an application for international protection, the personal interview (carried out under Section 35 of the IP Act 2015) is scheduled to take place at a later date.  This is considered the substantive interview and is conducted in person or by video conference, by an International Protection Officer or contracted IPO Panel Member. All caseworkers are highly trained in assessing applications and interviewing. This in-depth interview allows the applicant to put forward their case for protection.

Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law.

The Department's website a detailed overview of the International Protection process in Ireland which can be accessed at:   

www.gov.ie/en/campaigns/304ba-international-protection/   

Asylum Applications

Questions (107)

James O'Connor

Question:

107. Deputy James O'Connor asked the Minister for Justice the reasons for the delays in processing asylum seeker applications; the average length of time it takes for an application to be fully processed; and if she will make a statement on the matter. [4431/24]

View answer

Written answers

My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.  

I am taking a number of steps to improve how our International Protection system works. In increasing capacity and speeding up decision making, we can ensure that those who have a right to international protection are given that status as quickly as possible, and those who are found not to have a right to international protection, or other basis for remaining, return to their country of origin.

In July of 2023, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as enhancing the application, interview and decision-making process for applicants.

Over the course of the last year, the IPO increased the number of monthly determinations to over 1,000 in November 2023, and plans to deliver at least 14,000 decisions in 2024, a further increase of 5,000 cases.

In November 2022, I signed a regulation to introduce an accelerated procedure for international protection applicants from designated safe countries of origin. These applicants now typically receive a first instance decision in less than 10 weeks.  The number of applications from safe countries has fallen by 38 % over the first 12 months of the operation of the accelerated procedure

Reforms to the international protection process will continue in 2024. Approximately €34m was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.

Already these reforms are having a significant impact with the median processing time for first-instance decisions reducing from 18 months in 2022 down to 13 months in 2023.

The median processing time for appeals was 5.5 months in 2023 down from 13.5 months at the start of 2022.

I have also recently announced further measure to expedite international protection application processing. This includes adding Botswana and Algeria to the safe country of origin list as well as introducing an expedited procedure for inadmissible applications by people who already have been granted protection in the EU These are all other aspects of the international protection modernisation programme will continue to be kept under review and invested in.

Asylum Seekers

Questions (108)

James O'Connor

Question:

108. Deputy James O'Connor asked the Minister for Justice the reason asylum seekers cannot begin work immediately on the granting of asylum seeker status; and if she will make a statement on the matter. [4432/24]

View answer

Written answers

Access to the labour market for international protection applicants is provided for under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230/2018), amended in 2021 by the European Communities (Reception Conditions) (Amendment) Regulations 2021 (S.I. No. 52/2021) which reduced the waiting period to be granted labour market access from 9 months to 6 months. The validity of the permission was also extended to 12 months from the date of issue. The permission may be renewed until a final decision is made on the person's international protection application.

Applicants are eligible to apply if:

• They are an international protection applicant; and

• They have waited at least 5 months from their “Application Received” date for their first instance recommendation; and

• They are cooperating with the international protection process – delays in receiving a recommendation must not be attributable to the applicant.

Following that, a person will be issued a permission for labour market access if, at 6 months, they have not yet received a first instance recommendation.

My Department has undertaken a qualitative and quantitative study of the experiences of international protection applicants in accessing the labour market, which will inform any future policy developments in relation to labour market access for international protection applicants.

The report is currently being finalised with a view to publishing it in due course.

An Garda Síochána

Questions (109)

Thomas Gould

Question:

109. Deputy Thomas Gould asked the Minister for Justice the number of designated community gardaí in the Cork City Division for the years 2024, 2023, 2022, 2021, 2020 and 2019; if she will provide this information in tabular form, by station; and if she will make a statement on the matter. [4460/24]

View answer

Written answers

Community policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. Community policing is also fundamental to the new Garda Operating Model which is currently being rolled across the country and is fully commenced in ten Garda divisions. 

The new model will provide more front-line Gardaí, increased Garda visibility, and a wider range of policing services for people in their local area. It will divide service delivery within division into four functional areas, one of the most important areas being Community Engagement. This will allow for a greater, more consistent, focus on community policing in all divisions. 

The Garda authorities have advised that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that person is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality of life issues in a specified geographic area through partnership and engagement.

I very much welcome the new interactive map launched recently on the Garda website which is designed to allow the public to identify the local CPT in their area. This map will continue to develop in line with the continued rollout of the new Garda Operating Model.

While there are designated CPTs within An Garda Síochána, It is important to note that the number of Gardaí assigned to those teams is not an accurate reflection of the number of Gardaí who are carrying out community policing work on a daily basis around the country. 

Community Policing Teams strategically manage and lead the development, delivery and evaluation of the Garda Community Policing Framework, and, as I have said, Gardaí assigned to those teams are deemed to be ‘Community Gardaí’.  Like other Garda members they also have dual functions. In addition to their strategic roles in their Community Policing Teams, part of which requires them to regularly update their Community Engagement Superintendent on the policing needs of their community, and they are also frontline members.

However, it is important to note that Community Policing Teams draw on all frontline Gardaí to carry out community policing. Therefore, just because a Garda may not specifically be deemed a 'Community Garda' by virtue of the fact that they are not assigned to a Community Policing Team, that does not mean that they do not carry out crucial work in that area. 

Given the organisational and structural changes outlined above which are a natural consequence of the introduction of the new Garda Operating Model, the provision of number of ‘Community Gardaí’ no longer gives an accurate picture of the number of Gardaí carrying out what was traditionally understood to be the role of the ‘Community Garda’.   

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 distribution and stationing of Garda members throughout the State. As Minister, I have no role in such matters.

I am however assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.

I am advised by the Garda authorities that at the end of December 2023, the latest date for when figures are available, there were 699 Garda members assigned to Cork City Division. This represents an increase of over 8% since the end of December 2016. 

I am further advised that the table below sets out the number of Community Gardaí assigned to Cork City Division at the end of December 2019 up to the end of December 2023. 

Community Gardaí - Cork City

2019

2020

2021

2022

Dec-23

Anglesea Street

5

6

6

6

5

Blackrock

2

2

2

2

2

Bridewell

3

3

3

2

3

Mayfield

3

3

2

1

1

Watercourse Road

4

5

6

6

5

Glanmire

2

2

2

2

2

Togher

3

4

6

3

4

Bishopstown

1

2

1

3

3

Douglas

2

2

3

3

3

Carraigaline

2

2

2

2

2

Ballincollig

1

3

3

2

2

Blarney

1

1

1

1

1

Gurranbraher

3

3

3

3

3

Total

32

38

40

36

36

* The above information is based upon operational data which has been provided by An Garda Síochána and may be subject to change.

Crime Prevention

Questions (110)

Aengus Ó Snodaigh

Question:

110. Deputy Aengus Ó Snodaigh asked the Minister for Justice for an overview of how her Department incorporates culture and arts into rehabilitation and prevention for crime. [4504/24]

View answer

Written answers

The Irish Prison Service and my Department are committed to enabling people in custody to benefit from education and training opportunities to support their rehabilitation and access to employment post-release.  

As the Deputy will already be aware, the majority of people in custody, almost 70%, are early school leavers. The median school leaving age of those who are committed to custody is 14 years of age.  It is an unfortunate fact of life that many people serving a sentence have not positively engaged with the education system in the past. That is why providing quality education in prisons, and encouraging and supporting people to avail of it, is so important. 

Teachers and Work and Training Officers do this on a daily basis in a very challenging environment.   Education and work and training endeavour to meet the needs of those in custody, help them cope with their sentence, achieve personal development and prepare for life after release.   People in custody often start off their engagement with the education in the prison school by attending creative arts classes and then progressing to other subjects and programmes of education.

The arts is supported in the prisons directly through arts teachers supplied by the Education Training Boards into each of the Prisons. An Arts Coordinator works across all prisons to support these arts teachers.

Art Development in the Prison Education Service is concerned with the enhancement and support of art learning and teaching, to aid rehabilitation and self-development. This is made possible through a number of ways, including the Visual Artist in Prison Scheme and Writers in Prison Scheme – both of which are run in partnership with the Arts Council of Ireland.  These schemes, which are jointly funded between the Arts Council and the Prison Service, allow artists to work with individuals in custody in one of the country’s prison/detention centres. 

Exhibitions of creative arts completed by people in custody have taken place in Kilmainham Gaol Museum; Rua Red Arts Centre Tallaght; Spike Island, Cobh; The Hunt Museum Limerick City; CHQ Building, Custom House Quay, Dublin; as have smaller exhibitions in-house in the Irish Prison Service HQ in Longford and in my Department.

A recent event in the Dochas Centre, to mark St. Brigid’s Day, celebrated the creative works of the women there who, over a number of weeks, created stories, poetry and art that is unique to them and which reflects their journey and the relevance of what they have taken from the story of Brigid to that journey.

In addition, every two years, a national prison art exhibition takes place in special venues around the country and during the pandemic, a National Prison Art Competition took place. The creative arts exhibitions showcase the variety of arts and crafts created in the prisons and allow those in custody to be creative and express themselves in various art forms/mediums.  It also allows members of the public to learn more about the life of the person in custody.

Listowel Prison Writing Competition is run as part of the Listowel Writers Festival and supported by the Irish Prison Service and Northern Ireland Prison Service. In 2023 the Prison Service provided ninety-one entries in total spread across 13 prisons in the Republic and 19 of the 24 prize winners were from the Republic of Ireland prisons.

Furthermore, the first  issue of the ALL IN Magazine of creative writing and art by people in custody for people in custody north and south issued in Summer 2022, with the second issue produced in Summer 2023.  It contains features on prison life, activities, programmes, education and sport, people, places, memories, nature, health, gardening, music, food, books etc.  ALL IN Magazine builds on forty years of people in custody, north and south, entering their poetry and short stories in the Listowel Prison Writing Competition.  It is a cross border, co-operative effort, to bring the work of artists and writers to an audience.  It is also an invitation to those in custody to attend education, to learn from teachers, to find voice, make an artistic mark and prepare to enter Listowel and submit work to future competitions and magazine editions. 

The Deputy may wish to be aware that a Prison Arts exhibition is due to run in Rua Red Gallery, Tallaght from 19 March 2024 – 29 April 2024 and an annual prison art exhibition runs each summer in Spike Island Cork.

Further, the Probation Service provides funding in excess of €20 million to a national network of 59 Community Based Organisations (CBOs) to develop and deliver services to offenders in their communities to support their rehabilitation, re-integration and engagement in a positive lifestyle. CBOs provide a range of services to people in local communities, including training and education, offender management programmes, residential accommodation, drug and alcohol treatment programmes. Many of the interventions and programmes provided by CBOs include activities such as art, music, or creative writing.

The Probation Service also recognises the important role of the Arts in highlighting and promoting discussion on social issues. The Probation Service and the Department of Justice supported the production of the play, Stronger, which was produced by Gúna Nua Theatre Company and appeared in the Dublin Theatre Festival 2021. The play centred around the theme of Restorative Justice with a specific lens on the harm to people and to relationships and on victim-centred approaches that can help to heal and to repair. The Service remains open to exploring similar opportunities to collaborate with the arts into the future.

Departmental Schemes

Questions (111)

Matt Carthy

Question:

111. Deputy Matt Carthy asked the Minister for Justice if there has been a specific review of the oversight of the Immigrant Investor Programme in respect of premises (details supplied); and if she will make a statement on the matter. [4525/24]

View answer

Written answers

As the Deputy will be aware, the Government agreed to close the Immigrant Investor Programme (IIP) to further applications from 15 February 2023. 

As Minister, it would not be appropriate for me to comment on individual IIP applications.

All project proposals which are the subject of investment by IIP applicants are examined in great detail by an Independent Evaluation Committee comprising key officials from my Department, the Department of Finance, the Department of Foreign Affairs, Enterprise Ireland and IDA Ireland who have appropriate corporate expertise in this area.  

This examination process involves an assessment of the commercial viability of the proposed project; employment outcomes associated with the proposed investment; and the anticipated overall benefit to the State. The Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the project and individual application(s) associated with it will be submitted to me for final approval.

I have to emphasise to the Deputy that my Department has no responsibility for the performance of any investment which is clearly a private matter between the parties concerned.

I can also inform the Deputy that the IIP has been subject to a number of reviews over the past number of years, including by the Irish Government’s Economic and Evaluation Service (IGEES), my Department’s Internal Audit function and a substantial report, undertaken by EY and delivered in two parts (2019-2021) which was published on the Department’s website.  I am informed that no specific review has been carried out in relation to the investment referenced by the Deputy or indeed in relation to any other investment project for the reasons stated above.  

Animal Diseases

Questions (112)

Claire Kerrane

Question:

112. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will provide an update on efforts to address the issue of TB eradication with regard to deer management (details supplied); and if he will make a statement on the matter. [4344/24]

View answer

Written answers

The available evidence shows that outside of County Wicklow the levels of TB in deer is extremely low in Ireland and it would appear that while deer may become infected with TB they may not be very infectious. However, the increasing levels of deer do pose other very real risks to both people, animals and the environment. The increased populations of deer in some part of the country has lead to a reduction in biodiversity and an increase in road traffic accidents. This is borne out by research that shows there is almost zero regeneration in over 50% of the native oak, holly and yew forests in Ireland.

In response to this my Department along with the Department of Housing and Local Government have set up the Deer Management Strategy Group to address this issue. One of the first acts of the group was a public consultation on what were the biggest issues with deer. The respondents were predominantly rural farmers and landowners. Biodiversity loss, damage to crops, damage to infrastructure, road traffic accidents and damage to forestry were the biggest concerns raised through the public consultation. In response to this a series of subcommittees were formed to address these issues. The subcommittees were composed of a wide group of stakeholders, that included members of the farmers representative groups, foresters and landowners. The groups brought a series of recommendations to the Deer Management Strategy Group.

A report was published in December 2023 that presents these recommendations and covers a wide range of issues from hunter training and forest design to land use management and the venison market. The 16 recommended actions are collated between short and medium term implementation targets.

The Deer Management Strategy Group continue to meet regularly to progress these recommendations towards implementation.

Deer Management

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