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Wednesday, 25 May 2016

Written Answers Nos. 62-73

Exceptional Needs Payment Appeals

Ceisteanna (62)

Frank O'Rourke

Ceist:

62. Deputy Frank O'Rourke asked the Minister for Social Protection to change the process of reviewing payments under the exceptional needs payment, even though they are not a primary payment, to the same appeal process as other social protection payments, where it goes to an appeal and an oral hearing can be provided, given that some serious cases are being refused; and if he will make a statement on the matter. [11808/16]

Amharc ar fhreagra

Freagraí scríofa

Under the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. The Government has provided €30.3 million for the scheme in 2016.

ENPs are payable at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance. There is no automatic entitlement to a payment or predetermined amounts under the different categories of ENPs.

Legislative provisions set out in Section 323 of the Social Welfare Consolidation Act 2005, as amended, provide that determinations made by designated persons in relation to claims for ENPs can be reviewed by a SWA reviewing officer. The reviewing officer, who is at a more senior level and is independent of the original decision, undertakes a full review of the application. The reviewing officer may seek further information or details from the applicant as part of this process.

There are no plans to amend these legislative provisions. If the Deputy has concerns about the decision in relation to a particular case he should provide me with the details and I will have the case examined by the Department.

Jobseeker's Allowance Payments

Ceisteanna (63)

John Brady

Ceist:

63. Deputy John Brady asked the Minister for Social Protection if he will restore the jobseeker's allowance to persons under 26 years of age to the full payment; and his views on the contention that the reduction by the past two Governments was discriminatory on age grounds. [11806/16]

Amharc ar fhreagra

Freagraí scríofa

In line with other EU and OECD jurisdictions where such measures feature in their social welfare systems, reduced rates for younger jobseeker’s allowance recipients were first introduced in 2009. Budget 2014 further extended the reduced rates of jobseeker’s allowance to recipients under 26 years of age.

This is a targeted, not discriminatory, measure aimed at protecting young people from welfare dependency by incentivising them to avail of education and training opportunities. If a jobseeker in receipt of the reduced jobseeker’s allowance rate participates on an education or training programme they will receive a higher weekly payment of €160.

To guard against the development of welfare dependency it is necessary to provide young jobseekers with a strong financial incentive to engage in education or training or to take up employment. If they do not improve their skills, it will be much more difficult for them to avail of job opportunities as the economy recovers and they are at risk of becoming long term unemployed from a young age.

The Youth Guarantee sets a medium-term objective of ensuring that all young people receive an offer of employment within four months of becoming unemployed. There is now monthly engagement with all young jobseekers. The main plank of the guarantee is assistance to young people in finding and securing sustainable jobs, through earlier and enhanced engagement processes.

Any change to the reduced rates of JA for people under 26 is a matter for Government to consider in a budgetary context.

One-Parent Family Payment Payments

Ceisteanna (64)

Thomas P. Broughan

Ceist:

64. Deputy Thomas P. Broughan asked the Minister for Social Protection to immediately reverse the changes to the one-parent family payment scheme implemented in 2015 in cases where parents have suffered weekly financial loss since the change-over; and if he will make a statement on the matter. [11648/16]

Amharc ar fhreagra

Freagraí scríofa

My Department will be spending an estimated €500 million on the one-parent family payment (OFP) scheme in 2016. The scheme currently supports over 41,000 recipients and almost 74,500 children. The reforms to the OFP scheme were introduced to address long-term social welfare income support dependency.

The reforms provide enhanced access to the Department’s Intreo service to lone parents once their youngest child turns 7 years of age. Access to the Department’s range of education and employment support services is essential to facilitate lone parents to progress into sustainable employment and financial independence.

Budget 2016 contained a number of measures to support lone parents, including working lone parents. For example a lone parent on the jobseeker’s transitional payment working 15 hours at the national minimum wage saw an increase in their overall income of just over €28 per week from approximately €306 in 2015 to €334 in 2016. This is as a result of the increase in the national minimum wage, the more generous means test on the jobseeker’s transitional payment and the increase in fuel allowance. They also received an extra €5 per month per child as a result of the increase in child benefit.

It is important to highlight that the social impact assessment of Budget 2016 showed that budgetary policy would increase average household incomes for working lone parents by 2%. Non-earning lone parents also fared above average, gaining 1.8%.

Research shows that being at work reduces the at-risk-of-poverty rate for lone parents by three-quarters - compared to those who do not work. This highlights that the best way to tackle poverty among lone parents is to assist them into employment. Access to activation supports is therefore vital to achieve this objective and it is therefore imperative that my Department continues to engage with lone parents to assist them into employment.

Social Welfare Benefits Data

Ceisteanna (65)

Tony McLoughlin

Ceist:

65. Deputy Tony McLoughlin asked the Minister for Social Protection the difference in the percentage of persons claiming payment under the jobseeker's allowance scheme between May 2012 and May 2016 for counties Sligo and Leitrim; the increase in the number of persons participating in the back to education allowance scheme during this period; the number of persons from these two counties who classify as long-term unemployed; the further measures he will introduce to help the long-term unemployed get back to work; and if he will make a statement on the matter. [11653/16]

Amharc ar fhreagra

Freagraí scríofa

As the relevant data for May will not be available until the end of the month, the tables below show the percentage change in the number of persons claiming payment under the Jobseeker's Allowance Scheme between April 2012 and April 2016, for County Sligo and County Leitrim; the change in the number of persons participating in the Back to Education Allowance Scheme during this period; the number of persons from these two counties who classify as long-term unemployed.

Live Register figures for JA, Leitrim and Sligo

Absolute and percentage change April 2012–April 2016

April 2012

April 2016

Percentage Variance

Leitrim

2,344

1,902

-18.9%

Sligo

3,595

3,069

-14.6%

Total

5,939

4,971

-16.3%

Back to Education figures for JA Leitrim and Sligo

Absolute and percentage change April 2012–April 2016

April 2012

April 2016

Percentage Variance

Leitrim

172

130

-24.4%

Sligo

503

359

-28.6%

Total

675

489

-27.6%

Long Term Unemployed figures for JA, Leitrim and Sligo

Absolute and percentage change April 2012–April 2016

April 2012

April 2016

Percentage Variance

Leitrim

1300

854

-34.3%

Sligo

1913

1462

-23.6%

Total

3213

2316

-27.9%

NB: Figures provided for April as full May figures not yet available

The Government’s primary strategy to tackle long-term unemployment is through policies to create the environment for a strong economic recovery by promoting competitiveness and productivity.

Reflecting the impact of government policy, and the overall improvement in the labour market, the long-term unemployment rate peaked at 9.5% in Q1 2012 before falling to 4.7% in Q4 2015. At the latter date, the long-term unemployed accounted for 54.5% of all those unemployed, down from almost 61% in early 2012.

Although the labour market situation is improving considerably as the recovery continues, the Government recognises the importance of a continued focus on measures to facilitate the long-term unemployed back into work. This is the rationale behind the Government’s Pathways to Work 2016-2020 strategy (published January 2016).

A range of measures were introduced under previous Pathways to Work strategies for the long-term unemployed. This included a structured process of engagement with long-term unemployed people being referred to the activation process (Group Engagement followed by regular one-to-one case officer contact); wage subsidies in JobsPlus; the roll-out of a payment-by-results contracted employment services in JobPath, to provide additional capacity in order to engage more systematically with long-term unemployed jobseekers; and reserved places for the long-term unemployed on a range of Further Education and Training (FET) and public employment programmes. A core focus of Pathways to Work 2016-2020 is on consolidating and improving the quality and consistency of reforms undertaken in previous strategies, with continued prioritisation of those long-term unemployed. I am satisfied these measures will help to address long-term unemployment.

Departmental Functions

Ceisteanna (66)

Josepha Madigan

Ceist:

66. Deputy Josepha Madigan asked the Taoiseach to consider reinstating the Department of the Environment, Community and Local Government and bring together all environmental functions, nature and wildlife, water protection, waste and pollution control under one Department of the Environment, Climate and Natural Heritage. [12219/16]

Amharc ar fhreagra

Freagraí scríofa

I would like to reassure the Deputy that this Government is committed to protecting our environment and natural heritage. The Programme for Government identifies climate change as the global challenge of our generation which requires radical and ambitious thinking. Tackling climate change and promoting sustainability across all sectors is essential to improving and protecting our environment.

The Government’s decision to move environment related policy into a single department with responsibility for climate change and energy will strengthen our response and ensure a joined-up approach. It will give environment policy the full attention and resources of a single department.

Departmental Functions

Ceisteanna (67)

Michael McGrath

Ceist:

67. Deputy Michael McGrath asked the Taoiseach if he will address a query in correspondence (details supplied) on the reconfiguration of Departments. [12224/16]

Amharc ar fhreagra

Freagraí scríofa

I would like to reassure the Deputy that this Government is committed to protecting our environment and natural heritage. The Programme for Government identifies climate change as the global challenge of our generation which requires radical and ambitious thinking. Tackling climate change and promoting sustainability across all sectors is essential to improving and protecting our environment.

The Government’s decision to move environment related policy into a single department with responsibility for climate change and energy will strengthen our response and ensure a joined-up approach. It will give environment policy the full attention and resources of a single department.

Garda Resources

Ceisteanna (68)

Robert Troy

Ceist:

68. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality to allocate additional resources to the Garda Síochána in Mullingar, County Westmeath. [11985/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

I have been informed by the Garda Commissioner that as of the 31 March 2016, the latest date for which figures are readily available, there were 160 members, 11 Reserves and 14 civilians assigned to the Mullingar Garda District.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme for Government, "A Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000.

As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014 and a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of this year. So far 395 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. I am informed by the Garda Commissioner that 5 newly attested Gardaí have been assigned to Westmeath Garda Division. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí.

It is expected that a further 300 trainees will attest by the end of this year which, taking account of projected retirements, will bring Garda numbers to around the 13,000 mark. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I will be engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years.

Disability Support Services Provision

Ceisteanna (69)

Pat Buckley

Ceist:

69. Deputy Pat Buckley asked the Tánaiste and Minister for Justice and Equality for an update on the provision of advanced health care directives and assisted decision-making for persons with mental health difficulties; and the cost of these services to the Exchequer [12100/16]

Amharc ar fhreagra

Freagraí scríofa

The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties, including those with mental health difficulties. The specific decision making supports available to persons under the Act are decision-making assistants, co-decision-makers and decision-making representatives who will be supervised by the Director of the Decision Support Service.

Under the Act a person may appoint a decision-making assistant – typically a family member or carer – through a formal decision-making assistance agreement to support him or her to access information or to understand, make and express decisions. Decision-making responsibility remains with the person. A person can also appoint a trusted family member or friend as a co-decision-maker to make decisions jointly with him or her under a co-decision-making agreement. Decision-making responsibility is shared jointly between the person and the co-decision-maker. For the small minority of people who are not able to make decisions even with help, the Act provides for the Circuit Court to appoint a decision-making representative. A decision-making representative will make decisions on behalf of the person but must abide by the guiding principles and must reflect the person’s will and preferences where possible. The Act also provides for forward planning with enduring powers of attorney and advance healthcare directives that allow someone with capacity to plan ahead for circumstances in which they may not have capacity in the future.

The regulatory impact assessment (RIA) which was published in conjunction with the Bill in 2013 indicated that the cost of implementation of the Act would be approximately €1.13 million per annum. However, since the publication of the RIA in 2013 a number of changes were made to the Bill as it passed through the Houses of the Oireachtas which may have financial implications, including moving the Decision Support Service from the Courts Service to the Mental Health Commission, which is an agency of the Department of Health. My Department recently engaged in a high level meeting with the Department of Health to discuss the bringing into operation of the Decision Support Service, including in respect of the financial implications.

With regard to the specific matter raised by the Deputy regarding advance healthcare directives and persons with mental health difficulties, these are policy matters for the Department of Health who have provided me with the following responses:

Part 8 of the Assisted Decision-Making (Capacity) Act 2015 provides a legislative framework for advance healthcare directives. Given the intersection between the aims of the capacity legislation and the role of advance healthcare directives, the Assisted Decision-Making (Capacity) Act (2015) was considered to be the most appropriate vehicle for providing a legislative framework for such directives.

The Act establishes a single legislative framework for advance healthcare directives that enable individuals to make decisions about both their physical and mental healthcare. However, a refusal of treatment in an advance healthcare directive would not be legally binding where a person’s treatment is regulated under Part 4 of the Mental Health Act (2001) or where a person is the subject of a conditional discharge order under the Criminal Law (Insanity) Act (2006). A commitment was given in the Oireachtas that the issue of extending the legally binding advance healthcare directives provisions to all individuals with mental illness, including those whose treatment is regulated under Part 4 of the Mental Health Act (2001), would be dealt with in the context of the revision of the Mental Health Act.

Under the Assisted Decision-Making (Capacity) Act the Minister for Health will convene a multidisciplinary expert group to assist with the development of a Code of Practice to provide advice and guidance on how the advance healthcare directive provisions will operate on a day-to-day basis "on the ground", including providing examples of best practice.

Paternity Leave

Ceisteanna (70)

Michael McGrath

Ceist:

70. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality when she will bring forward legislation to introduce statutory paternity leave; the date from which she expects the leave to be available; and if she will make a statement on the matter. [12143/16]

Amharc ar fhreagra

Freagraí scríofa

As announced in Budget 2016, the outgoing Government approved the introduction of two weeks of paternity leave and the associated social welfare paternity benefit as from September 2016. The Government has approved the General Scheme of a Bill to give effect to this decision and the Bill is currently being drafted by the Office of the Parliamentary Counsel. The Government expects to publish the Bill shortly.

The introduction of paternity leave and the achievement of the target date proposed is of course subject to agreement by the Oireachtas to adopt the necessary legislation.

Garda Vetting Applications

Ceisteanna (71)

Donnchadh Ó Laoghaire

Ceist:

71. Deputy Donnchadh Ó Laoghaire asked the Tánaiste and Minister for Justice and Equality her views on the significant delays in the processing of applications for persons who require Garda vetting; and if she will make a statement on the matter. [11935/16]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to inform the Deputy that there is no delay in the processing of applications for persons who require Garda vetting.

I am informed by the Garda authorities that the current average processing time for vetting applications is four weeks. However, in some individual cases additional enquiries may be necessary and this may result in processing times in excess of the average.

The primary purpose of the Garda employment vetting service is to seek to ensure the safety of children and vulnerable adults. Accordingly, the vetting process demands rigorous procedures to safeguard its integrity and to maintain the highest level of confidence by the public and organisations availing of the service. Any vetting process will take a certain minimum amount of time to complete and, taking into account the importance of measures to protect children and vulnerable adults while providing an effective and efficient service, the current processing period is not unreasonable.

The Deputy may also wish to know that An Garda Síochána launched an 'e-vetting' system on 29 April 2016 which will facilitate the processing of applications in an on-line format, thus removing the current time-consuming process of manual applications. E-vetting will further streamline the vetting process and contribute to sustaining reduced processing times for vetting applications. The e-vetting system is designed to be compatible with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 and, in this regard, was launched in tandem with the commencement of the Acts.

Proposed Legislation

Ceisteanna (72)

Thomas P. Broughan

Ceist:

72. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the current stage of the sale of alcohol Bill; and if she will make a statement on the matter. [11944/16]

Amharc ar fhreagra

Freagraí scríofa

The position is that the forthcoming Sale of Alcohol Bill will update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs by repealing the Licensing Acts 1833 to 2011 and the Registration of Clubs Acts 1904 to 2008 and replacing them with streamlined and updated provisions. However drafting of this complex Bill has been delayed and I am not at present in a position, therefore, to indicate when it will be published.

Departmental Appointments

Ceisteanna (73)

Jim O'Callaghan

Ceist:

73. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when the deputy director or acting director will be appointed as director of film classification at the Irish Film Classification Office; and the role she envisages the Irish Film Classification Office having in the future. [11958/16]

Amharc ar fhreagra

Freagraí scríofa

The post of Director of Film Classification is a statutory one, provided for under Section 2 of the Censorship of Films Act 1923, as amended by the Civil Law (Miscellaneous Provisions) Act 2008.

Section 2(3) of the Censorship of Films Act 1923 as amended provides that whenever the Director of Film Classification is temporarily unable to attend to his duties, or where the office of Director of Film Classification is vacant, the Minister may appoint a fit person to perform the duties of the Director of Film Classification, during such inability or vacancy. Every person so appointed shall during his appointment have all the powers of the Director of Film Classification.

In accordance with Section 2(3) of the Act, Mr. Ger Connolly, the Deputy Director of Film Classification was appointed to perform the duties of the Director of Film Classification in late 2009. Further to sanction from the Department of Public Expenditure and Reform, the designation of Mr. Connolly as Director of Film Classification is currently being progressed.

I can advise the Deputy that I have no plans at this time to make any changes in relation to the current role of the Irish Film Classification Office.

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