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Thursday, 8 Feb 2024

Written Answers Nos. 229-249

Departmental Strategies

Questions (229, 231)

Thomas Pringle

Question:

229. Deputy Thomas Pringle asked the Minister for Social Protection what progress has been made to realise recommendation 41.2 of Young Ireland: the National Policy Framework for Children and Young People (0-24) 2023-2028 (details supplied); and if she will make a statement on the matter. [5795/24]

View answer

Thomas Pringle

Question:

231. Deputy Thomas Pringle asked the Minister for Social Protection if foster carers will be included in the access to the State pension (contributary) measures (details supplied); and if she will make a statement on the matter. [5794/24]

View answer

Written answers

I propose to take Questions Nos. 229 and 231 together.

Matters related to foster caring, including any criteria relating to work, are the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth, and for Tusla.  

This Government acknowledges the important role that carers, including Foster carers, play and is fully committed to supporting them in that role.  Accordingly, the current State Pension (Contributory) system provides measures including PRSI credits, Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate.  Foster carers are entitled to the benefits of the Homemaker’s Scheme or HomeCaring Periods and will qualify if the carer is in receipt of Child Benefit.  If the foster carer is not in receipt of Child Benefit, they can still qualify for Homemaker’s Scheme or HomeCaring Periods provided the caring periods are confirmed by Tusla. 

Despite these measures, some long-term carers of incapacitated dependents may still face barriers in accessing the State Pension (Contributory).  They may for example have difficulty establishing the minimum number of 10 years' paid contributions.

I announced a series of landmark reforms to the State Pension system in September 2022 in response to the Pensions Commission’s recommendations.

An important reform agreed by Government is enhanced State Pension provision for people who have been caring for incapacitated dependents for over 20 years.  It will do this by attributing the equivalent of a paid contribution to long-term carers to cover gaps in their contribution record.  Foster Carers who have cared for an incapacitated dependent or dependents for over 20 years will also benefit from this important change.

I was very pleased that the legislation to give effect to these measures was enacted in December and the scheme came into operation on 1st January 2024. 

I hope this clarifies the matter for the Deputy.

Departmental Staff

Questions (230)

Brendan Griffin

Question:

230. Deputy Brendan Griffin asked the Minister for Social Protection further to Parliamentary Question Nos. 828 of 13 June and 829 of 13 June 2023, what if any benefits accrued to Department of Social Protection employees who were former community welfare officers under the HSE and who paid a 5% levy on their incomes from October 2011 to December 2015; if no pension benefit has accrued in respect of these payments, if her Department will sanction the return of these payments to the employees; and if she will make a statement on the matter. [6010/24]

View answer

Written answers

All issues relating to the pensions of Department of Social Protection employees who were former Community Welfare Officers with the HSE were agreed under The Agreement on the Assimilation of the Pay and Conditions of Former Community Welfare Officer staff dated 30th September 2015.  This agreement followed negotiations between the Department of Public Expenditure & Reform, Department of Social Protection and the Public Service Executive Union (representing CWS staff). 

Members of the pension scheme for former HSE Community Welfare Officers paid the agreed  appropriate contribution rate of 5%.  As members of the pre-2013 pension scheme, paying the appropriate contributions applicable to that scheme, they have accrued the resulting pensionable service  and are entitled to the benefits payable under that scheme.

Question No. 231 answered with Question No. 229.

Departmental Staff

Questions (232)

Cathal Crowe

Question:

232. Deputy Cathal Crowe asked the Minister for Social Protection the reason a cohort of workers funded by her Department (details supplied) have not received a pay increase in 15 years; if any pay increases are planned; and if she will make a statement on the matter. [5813/24]

View answer

Written answers

The Citizens Information Board (CIB) is the statutory body under the aegis of my Department which funds and supports the eight regional companies of the Citizens Information Service (CIS).

I absolutely recognise and value the essential work carried out by staff of the CIS and their dedication to their role in ensuring that people have access to quality and independent information, advice and advocacy services across the country.

DSP allocates annual Exchequer funding to CIB to deliver its services and the services of its Service Delivery Companies, including the CIS companies.  However, staff of the CIS are not employees of my Department nor are they public servants.  They are employees of independent companies that provide important services to CIB, which are delivered under a Service Level Agreement between each company and CIB.

In July 2023, as part of the Estimates process, a funding request for 2024 was submitted to my Department, which included additional funding for an 11% pay increase for employees of the CIS.  My Department understands that this followed a Workplace Relations Commission (WRC) process that directly involved both SIPTU and the CIS Employers Group.  There was no involvement of CIB in the WRC process.  

Neither was my Department aware of this pay request in advance.  It is important that any pay request, which impacts important services, are carefully considered well in advance and have the involvement of the relevant stakeholders from early in the process.  

I therefore believe that the best way forward is for the relevant stakeholders, including CIB, the employer, staff CIS representatives, to engage further on this issue. 

I trust this answers your query.

Social Welfare Eligibility

Questions (233)

Seán Haughey

Question:

233. Deputy Seán Haughey asked the Minister for Social Protection if a review has taken place in relation to the issue concerning class S PRSI contributions arising solely from personal pensions and the implications for those who are applying for the benefit payment for 65 year olds; if it will be acknowledged that these potential claimants are not self-employed and that they should be considered for this payment provided all other criteria are met; if this payment can be made to claimants in these circumstance who reached 65 years in the last 12 months; the position regarding a particular claimant (details supplied); and if she will make a statement on the matter. [5814/24]

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Written answers

The Benefit Payment for 65-Year-Olds, provided for under the Jobseeker's Benefit scheme was introduced in line with the Programme for Government commitment to address the position of people who are required to or choose to retire at age 65 before the pension age of 66.  The payment is designed to bridge the gap for people who retire from employment or self-employment at age 65 until they qualify for the State Pension at age 66.

To be eligible for the payment a person must satisfy the qualifying conditions of the scheme including the PRSI social insurance contribution requirements, which demonstrates a recent attachment to the workforce.

The qualifying conditions for Jobseekers Benefit (Self-Employed) include the requirement that a person has completely ceased self-employment.  For that reason, individuals who continue to pay Class S PRSI on a variety of income sources would not satisfy the conditions for Benefit Payment for 65-Years-Olds as they are not regarded as having ceased self-employment; they continue to pay Class S PRSI and are to be regarded as being in insurable self-employment.

According to the Department’s records, the person concerned last worked in February 2018.  She applied for Benefit Payment for 65-Years-Olds in March 2022. Her application was disallowed on two grounds: firstly, that she did not satisfy the qualifying conditions with regard to having paid social insurance at the correct class of social insurance.  In order to qualify for Benefit Payment for 65-Years-Old, the person concerned was required to have at least 13 A, H or P PRSI Contributions paid in 2018, 2019, 2020, 2021 or 2022, in accordance with Section 64(1)(b) of the Social Welfare Consolidation Act 2005 as amended.  The person’s last paid PRSI Contribution under these Classes was in 2018 when she last worked.  The second ground for disallowance was that she continued to pay Class S contributions.  A person cannot qualify for Benefit Payment for 65-Years-Old if they are engaged in self-employment.  The person concerned continued to pay Class S contributions arising from income from ARF, therefore it was determined that she was engaged in insurable self-employment.

She appealed the decision and the decision was upheld by the Appeals Officer in September 2022 on three grounds that firstly, the person concerned had not established that she was not engaged in self-employment in accordance with section 68(1)(c) of the Social Welfare Consolidated Act 2005 as amended; secondly, she did not meet the contribution conditions set down for entitlement in accordance with section 64(1)(b) of the Social Welfare Consolidated Act 2005 as amended; and thirdly she did not meet the alternative contribution condition set down at Article 48A of SI 142 of 2007.

The main reason that the person concerned does not qualify for the Benefit Payment for 65-Year-Olds was that she had not paid social insurance contributions at the appropriate class in the years 2018, 2019, 2020, 2021 or 2022. 

However, the Deputy might note that in relation to Approved Retirement Funds (ARFs), Regulation SI 540 of 2022, introduced on 25 October 2022 (after the above case had been appealed) provides that a self-employed contributor in receipt of income solely from an ARF is treated the same as a person without income from an ARF when it comes to eligibility for BP65 under Jobseeker's Benefit (Self-Employed).  This Regulation change applies only to persons who are self-employed contributors solely in respect of an ARF.

SI 540 of 2022 Regulations in relation to ARFs are not a determining factor in whether she would qualify for this benefit.

I trust that this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (234)

Joan Collins

Question:

234. Deputy Joan Collins asked the Minister for Social Protection further to Parliamentary Question No. 882 of 17 January 2024, if the case will be reviewed, given the person (details supplied) did not receive the payment.; and if she will make a statement on the matter. [5831/24]

View answer

Written answers

The Spring double payment due this week has been approved for payment for the person concerned.  A  payment of €464.00 will be available for collection in his nominated post office on 13/02//2024.

Social Welfare Eligibility

Questions (235)

Thomas Pringle

Question:

235. Deputy Thomas Pringle asked the Minister for Social Protection the entitlements under class P PRSI contributions; how long a person needs to pay class P contributions in order to benefit; if there are other qualifying requirements for persons to claim class P; and if she will make a statement on the matter. [5840/24]

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Written answers

A person who works in the fishing industry on a self-employed basis and is paid solely by the “share” of the value of the catch is regarded as a share-fisherman/woman. In addition to their liability to pay self employed PRSI class S contributions, they also have the option to pay additional PRSI contributions at class P.  This contribution is over and above the PRSI paid under class S and is charged at 4% of all income over €2,500, subject to a minimum annual payment of €200.

Contributions made under PRSI class S entitles a contributor to most of the benefits available under the Social Insurance Fund such as state pension (contributory), widow's, widower's or surviving civil partner's pension (contributory), guardian’s payment (contributory), benefit for 65 year olds, maternity, adoptive and paternity benefits, treatment benefits, invalidity pension, jobseeker’s benefit (self-employed) and parent’s benefit.  The additional class P contributions provide share-fisherman/woman with entitlement to limited illness benefit of up to 52 weeks.

To qualify for illness benefit a customer must be unable to work due to illness and either be under pensionable age (currently 66) or, if they were born on or after 1 January 1958 and have attained pensionable age, they have neither reached the age of 70 years nor been awarded a State pension (contributory).

They must also satisfy the contribution conditions.  The first condition is that a customer must have at least 104 reckonable contributions paid since they first started in insurable employment.  The second condition is that a customer must have at least 39 reckonable contributions paid or credited in the relevant tax year, 13 of these contributions must be paid contributions.  Alternatively, a customer must have 26 reckonable contributions paid in the relevant tax year and 26 weeks PRSI paid at the appropriate class in the tax year immediately before the relevant tax year.  The relevant tax year is the second last complete tax year before the year in which the claim for illness benefit begins.  The last condition is that a customer must have average reckonable weekly earnings above a certain amount in the relevant tax year.

This special arrangement of the Class P contribution recognises the particular circumstances associated with working in the sea-fishing sector in Ireland.

The full qualifying requirements for all benefits available to such contributors under class S and P can be found on gov.ie. 

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (236)

Duncan Smith

Question:

236. Deputy Duncan Smith asked the Minister for Social Protection if an application for the old age pension (contributory) by a person (details supplied) has been processed and awarded; and if she will make a statement on the matter. [5902/24]

View answer

Written answers

The person concerned will reach age 66 on 3 May 2024.

Under the new Flexible Pension options introduced on 1 January 2024, those turning 66 now have the option, as before, to claim their pension from their 66th birthday or can choose to defer their pension, work longer and receive a higher pension payment.  My Department wrote to the person concerned on 29 January 2024 advising them of the changes to State Pension (contributory) and the options available to them, affording them 14 days to respond should they wish to claim their pension at a later date.  

Once this period has passed, a decision will be made and the person concerned notified of the outcome. 

I hope this clarifies the position for the Deputy. 

Social Welfare Eligibility

Questions (237)

Duncan Smith

Question:

237. Deputy Duncan Smith asked the Minister for Social Protection if a person who is in receipt of an old age pension (contributory) and is now aged 67 years, but who continued in employment, which is now about to cease, is entitled to receive a redundancy payment, in such circumstances; and if she will make a statement on the matter. [5903/24]

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Written answers

The Redundancy Payments Act 1967, as amended, provides for the making of payments by employers to employees in respect of redundancy.

To qualify for a statutory redundancy payment an employee must have been dismissed as a result of a genuine redundancy situation and the following conditions must be met:

• 104 weeks continuous employment with the same employer

• the job must no longer exist

• employee must be over 16

• employment which is insurable for all benefits under the Social Welfare Acts

This includes employees who are over age 66.  Where this situation arises, it is the employer’s responsibility to pay statutory redundancy payments, in the first instance, to eligible employees.

If an employer is unable to pay the statutory redundancy payment to an employee, due to financial difficulties, an application for payment from the Social Insurance Fund (SIF) may be submitted by the employer on behalf of the employee to my Department under the Redundancy Payment Scheme.

If there is a particular case that the Deputy would like to be examined, officials from my Department will conduct a review.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (238)

Michael Creed

Question:

238. Deputy Michael Creed asked the Minister for Social Protection if she will expedite a decision on a carers allowance application (details supplied). [5925/24]

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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.

Domiciliary Care Allowance (DCA) is a monthly payment for a child aged under 16 with a severe disability, who requires on-going care and attention, substantially over and above the care and attention usually required by a child of the same age.

Under Social Welfare legislation, CA for the care of a care recipient who is aged less than 16 years can only be awarded where DCA is in payment. I can confirm that an application for DCA from the person concerned was awarded on 23 January 2024 and backdated to 1 April 2023.

An application for CA was received from the person concerned on 25 September 2023.

It is a condition for receipt of Carer’s Allowance that every claimant shall furnish such certificates, documents, information, and evidence as may be required for the purposes of deciding their claim.

On 30 January 2024, a Deciding Officer requested the provision of information and documents  in relation to the person’s CA application. 

Once the information is received, the CA application will be processed without delay and the person concerned will be notified directly of the outcome. 

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (239)

Michael Creed

Question:

239. Deputy Michael Creed asked the Minister for Social Protection if she will expedite a decision on a domiciliary care allowance application (details supplied). [5926/24]

View answer

Written answers

An application for Domiciliary Care Allowance in respect of their child was received by my Department from the person concerned on 25 September 2023.

As their application (Dom Care 1) was incomplete, written information request(s) dated 2 October 2023 and 24 November 2023 were issued to the applicant.

Following receipt of all requested information and clarification from the applicant, a decision was made to award the claim.  The application was backdated 6 months, effective from 1 April 2023, which is the maximum period permitted under social welfare legislation.

The person concerned was notified of the decision in writing on 23 January 2024.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (240)

Bernard Durkan

Question:

240. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of a person (details supplied); whether they are entitled to an increase in the qualified adult payment in respect of their payment of invalidity pension; and if she will make a statement on the matter. [6025/24]

View answer

Written answers

The person concerned is in receipt of Invalidity Pension with a tapered rate Qualified Adult Increase (QAI) for their spouse from 13 May 2021.

The person in question has been awarded an increase in the weekly rate of QAI payable to them from 7 December 2023 to take account of a reduction in his spouse's earnings from employment.  The increase in rate was included in his his weekly payment on 1 February 2024 and all arrears due from 7 December 2023 also issued to his nominated bank account on that date.  The person concerned was notified of this decision on 23 January 2024.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (241)

Bernard Durkan

Question:

241. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for a domiciliary care allowance in respect of her four-year-old child; and if she will make a statement on the matter. [6026/24]

View answer

Written answers

Domiciliary Care Allowance (DCA) is a monthly allowance payable to a parent or 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.

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. 

All applications for DCA are decided by a deciding officer on an individual case by case basis, in respect of the relevant child, based on the personal details provided in the application form (Dom Care 1),  including any additional information or supporting documentary evidence if provided by the applicant.  The deciding officer has regard to the professional opinion of a departmental Medical Assessor in the decision process in all cases.

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 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.  Children who are receiving care on a full-time basis in residential homes or other institutions are not eligible for DCA.

• 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 the habitual residency condition.

DCA is not means-tested and does not require PRSI contributions.

According to my Department's records, an application for DCA has not been received from the person concerned to date.

My Department has issued a DCA application form (Dom Care1) by post to the person concerned.

DCA application forms are also available to download online at gov.ie-Domiciliary Care Allowance Application Form (Dom Care1) (www.gov.ie) or can be requested at any Intreo Centre, Social Welfare Branch Office or Citizen's Information Centre.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (242)

Bernard Durkan

Question:

242. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of eligibility for the fuel allowance in the case of a person (details supplied); and if she will make a statement on the matter. [6028/24]

View answer

Written answers

The Fuel Allowance scheme is a means tested payment to assist pensioners and other long-term social welfare dependent householders with their winter heating costs.  Further information and the qualifying conditions for this scheme can be found on www.gov.ie.

According to the records of my department an application for Fuel Allowance has not been received from the person.  The person concerned was in receipt of Jobseeker’s Benefit (JB) up to 23/01/2024 when they transitioned to the Working Family Payment (WFP).  JB and WFP are not qualifying payments for Fuel Allowance. 

My 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 a person’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.

Assistance was provided to the person concerned in December 2023, when they were awarded an ANP of €300 toward heating costs.  If the person is experiencing financial difficulties, they can apply for assistance by completing a SWA1 form which is available in all Intreo Centres and Branch Offices.  It can also be requested by calling 0818 60 70 80 and by using this link www.eforms.gov.ie/en/forms/5.  On receipt of a completed application form and supporting documentation, the person’s claim will be assessed, and they will be advised of the outcome in writing.  Alternatively, if the person concerned  has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie.

I trust this clarifies the matter.

Social Welfare Payments

Questions (243)

Bernard Durkan

Question:

243. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of eligibility for fuel allowance in the case of a person (details supplied); and if she will make a statement on the matter. [6029/24]

View answer

Written answers

The person concerned is employed on a Community Employment (CE) Scheme.  The Department notified the employer (the CE Sponsor) on 3rd November 2023 that the person was entitled to fuel allowance with effect from 25th September 2023.  I understand that the person was paid the allowance weekly from a current date and that arrears were paid in the week beginning 20th November 2023.

The person concerned remains in receipt of fuel allowance on a weekly basis.

I trust this clarifies the matter.

Social Welfare Payments

Questions (244)

Bernard Durkan

Question:

244. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of eligibility for disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [6030/24]

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. 

I confirm that my Department received an application for DA from the person concerned on 12 October 2023.  As their initial application did not contain all the information required for a decision, an information request letter was sent to the person concerned on 23 October 2023 to supply this supporting documentation.  The information request allows the person 21 days to provide the required information in order to determine their eligibility for DA.  I can confirm that, to date, the requested information has not been received.

As the person concerned failed to supply the requested information, their means could not be determined.

Based on the evidence supplied with the person’s application, her DA was disallowed on the grounds that the medical qualifying condition was not satisfied and failure to provide sufficient information in order to determined that their weekly means do not exceed the statutory maximum allowed under the Disability Allowance scheme. 

The person concerned was notified of the decision in writing via correspondence dated 31 January 2024 and advised of their entitlement to request a review or to appeal the decision to the Social Welfare Appeals Office (SWAO).  They were also notified of the outstanding documents required to determine means.

I can confirm that no request for a review or an appeal has been received to date.

I trust this clarifies the matter for the Deputy.

Closed-Circuit Television Systems

Questions (245)

Alan Dillon

Question:

245. Deputy Alan Dillon asked the Minister for Justice for an update on data protection issues in relation to CCTV which are funded by community groups and used by the gardaí; and if she will make a statement on the matter. [5832/24]

View answer

Written answers

As the Deputy may be aware, since 2017 my Department has administered a grant-aid scheme supporting groups wishing to establish a community-based CCTV system in their area.

The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems, but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs.

The community-based CCTV scheme is currently governed by section 38(3)(c) of the Garda Síochána Act 2005 (as amended), the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006), GDPR and the Data Protection Act 2018.

This legal framework requires that any proposed community CCTV scheme must:

• be approved by the local Joint Policing Committee,

• have a data protection impact assessment prepared,

• have the prior support of the relevant local authority, which must act as a joint data controller with An Garda Síochána and a joint data controller agreement must be put in place, and

• have the authorisation of the Garda Commissioner.

The Garda Síochána (Recording Devices) Act 2023 will reform CCTV schemes. Under the Act, community groups will be able to request schemes in their area.

It is envisaged the Local Community Safety Partnerships being established under the Policing, Security and Community Safety Act, once rolled out nationwide, will be the appropriate body to make the request, given that local residents, Local Authority staff, Councillors and members of An Garda Síochána will all be represented on the Partnerships. 

The Local Authorities will take the lead and make the applications going forward and have full responsibility for the implementation of the scheme, and also managing the data protection aspects arising.

Bus Services

Questions (246, 253, 254, 255, 256)

Michael McNamara

Question:

246. Deputy Michael McNamara asked the Minister for Justice further to Parliamentary Question No. 1052 of 17 January 2024, when the question will be answered and the information sought be provided; and if she will make a statement on the matter. [5873/24]

View answer

Michael McNamara

Question:

253. Deputy Michael McNamara asked the Minister for Justice the number of persons awaiting a decision from her pursuant to section 49 (4) of the International Protection Act. [5944/24]

View answer

Michael McNamara

Question:

254. Deputy Michael McNamara asked the Minister for Justice if she will provide the average and median length of time between the tribunal affirmation of a recommendation referred to in section 39 (3)(c) made in respect of an application, and the Minister's decision made under section 49 (4)(b) in respect of such decisions made since February 2020; and if she will provide that figure per month over that period. [5945/24]

View answer

Michael McNamara

Question:

255. Deputy Michael McNamara asked the Minister for Justice if she will provide the average and median length of time between the tribunal affirmation of a recommendation referred to in section 39 (3)(c) made in respect of applications from persons who come from countries designated to be safe countries of origin and the Minister's decision made under section 49 (4)(b) in respect of such decisions made since February 2020; and if she will provide that figure per month over that period. [5946/24]

View answer

Michael McNamara

Question:

256. Deputy Michael McNamara asked the Minister for Justice if she will provide the average and median length of time between the tribunal affirmation of a recommendation referred to in section 39 (3)(c) made in respect of an applications from persons who come from countries other than those designated to be safe countries of origin and the Minister's decision made under section 49 (4)(b) in respect of such decisions made since February 2020; and if she will provide that figure per month over that period. [5947/24]

View answer

Written answers

I propose to take Questions Nos. 246, 253, 254, 255 and 256 together.

It has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.

Copy of PTRR Refusal Processing Times

Immigration Policy

Questions (247)

Michael McNamara

Question:

247. Deputy Michael McNamara asked the Minister for Justice further to Parliamentary Question No. 996 of 17 January 2024, when the question will be answered and the information sought be provided; and if she will make a statement on the matter. [5874/24]

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 of 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.

Immigration officials conduct passport checks, and run operations as required, to ensure passengers arriving in the State are properly documented in accordance with Section 11 of the Immigration Act 2004.

Both the BMU and the GNIB are working with airlines and international colleagues to take measures both at domestic airports and points of embarkation to address the questions of persons arriving without proper documentation. In addition to providing advice to airlines on specific queries, training is provided to airline ground staff on current travel documentation requirements. The number of undocumented arrivals, which represents a very small proportion of all travellers who require leave to land, has reduced significantly this year. 

I am informed by the Garda authorities that there were no charges pursuant to section 11 of the Immigration Act 2004 in 2023 or 2022. 

An Garda Síochána

Questions (248)

Willie O'Dea

Question:

248. Deputy Willie O'Dea asked the Minister for Justice the number of Garda applicants in each of the years 2020 to 2023; the number that enrolled in the Garda college,; the number of those that graduated in each of those years; and if she will make a statement on the matter. [5893/24]

View answer

Written answers

The Government is committed to ensuring that An Garda Síochána has the resources it needs to fight crime. An Garda Síochána has been allocated unprecedented funding of over €2.35 billion for 2024 – this is a 25% increase since 2020. This funding will allow for the continued recruitment of Garda members and staff. 

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 for the recruitment and training of Garda members and staff. As Minister, I have no role in such matters.

The Deputy may also be aware that the Public Appointments Service (PAS) administers the initial stages of any recruitment competition for An Garda Síochána on behalf of the Commissioner. PAS is the independent body responsible for public service recruitment under the provisions of the Public Service Management (Recruitment and Appointments) Act 2004. 

The table below, furnished to me by the Garda authorities, outlines the number of Garda applicants, the number that enrolled in the Garda college and the number of Probationer Gardaí who attested in 2020 up to end December 2023.

For the Deputy's information, there were no competitions for Garda recruit in 2020 and 2021 due to the Covid-19 pandemic.

There were 746 entrants into the Garda College in 2023. This is the largest intake into the Garda college since 2018.

Year

Number of Garda Applicants

Intake to phase 1 total

Attested in year

2020

No Recruitment Competition

275

522

2021

No Recruitment Competition

384

148

2022

11,075

116

370

2023

4,973

746

388

Total

16,048

1,521

1,428

As the Deputy may be aware, in 2022 an individual could simply send an expression of interest to PAS to enrol in Garda College, whereas in 2023 a more substantial application was required.

Crime Prevention

Questions (249)

Pearse Doherty

Question:

249. Deputy Pearse Doherty asked the Minister for Justice if her Department is considering the establishment of a shared fraud information database to permit financial service providers to share information on accounts or payments which are suspected or known to result from fraudulent activity; if her Department is considering legislative provisions to give effect to the establishment of a shared fraud information database; and if she will make a statement on the matter. [5898/24]

View answer

Written answers

Fraud is a crime which can affect anybody but which particularly targets vulnerable people and businesses who may not be aware of or vigilant to the risks of online and telephone fraud in particular.

The proposed shared fraud information database for the banking sector is an initiative brought forward by the Banking and Payments Federation Ireland, who have engaged with my Department and with the Office of the Data Protection Commissioner on the matter. 

The purpose of the proposed database, which is to be run by a specialist provider on behalf of participating banks, is to help identify and prevent fraud against those banks and their customers through the systemised sharing of relevant information across the participating organisations.  The system will operate according to a strict set of data matching rules to identify patterns of suspicious activity, with returned matches to be investigated on a case by case basis.

Access to the proposed database will be solely for the purposes of fraud investigation and prevention and will be limited to specially trained teams within participating banks. 

I am advised that the establishment of the database will necessitate enabling Regulations under the Data Protection Act 2018.  I support this and work has commenced in my Department with a view to finalising the necessary Regulations later this year, subject to the outcome of further stakeholder consultations that are necessary to inform the detailed content of the Regulations.

More broadly, the Deputy will be aware that an all-of-Government implementation plan to progress the recommendations in the Hamilton Review into Economic Crime was published in 2022, setting out 22 actions to enhance enforcement and prevention capacity in this area.

To date, a number of actions have been completed and a number of others have been significantly advanced:

• the Criminal Procedure Bill has been enacted,

• the Judicial Council has been engaged with in relation to the development of judicial training on complex economic crime/corruption cases,

• the Advisory Council against Economic Crime and Corruption was established in May 2022, chaired by a former Director of Public Prosecutions – the Advisory Council is currently developing a multi-annual strategy to combat economic crime and corruption.

• a forum of senior representatives from the relevant operational bodies was established in June 2021, and

• the Competition (Amendment) Act was signed into law on 29 June 2022.

There has also been significant progress to implement other recommendations of the Review, such as greater powers for investigating agencies to tackle economic crime and corruption.

Furthermore, progress has also been made on reform of the Ethics Acts and additional resourcing for enforcement agencies.

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