Written Answers Nos. 200-216
200. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5235/17]
Amharc ar fhreagraI confirm that my department received an application for carer’s allowance (CA) from the person concerned on 4 November 2016.
The application was referred to a local social welfare inspector (SWI) to assess the level of care being provided, composition of the household, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied. Additional information was also requested from the person concerned on 3 January 2017.
Once this information is received and the SWI has reported, a decision will be made and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
201. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5238/17]
Amharc ar fhreagraAn application for carer's allowance (CA) was received from the person concerned on 3 November 2016.
CA is a means-tested social assistance payment, made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.
As the applicant is self-employed the matter was referred to a local social welfare inspector (SWI) on 15 December 2016 to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied.
Once the SWI has reported, a decision will be made and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
202. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5239/17]
Amharc ar fhreagraAn application for carer's allowance (CA) was received from the person concerned on 29 November 2016.
CA is a means-tested social assistance payment, made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.
As the applicant is self-employed the matter was referred to a local social welfare inspector (SWI) on 12 January 2017 to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied.
As the care recipient has since passed away, the referral will be cancelled and a decision will be made shortly and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
203. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5240/17]
Amharc ar fhreagraI confirm that my department received an application for carer’s allowance (CA) from the person in question on 26 October 2016. It is a condition for receipt of a CA that the person being cared for must have a disability whose effect is that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The person concerned was notified on 24 January 2017 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
204. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5241/17]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that appeals by the person concerned were referred to an Appeals Officer on 24 January 2017, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
205. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5242/17]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 10 January 2017, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
206. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5243/17]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to hold an oral hearing in this case on 23 February 2017. The person concerned has been notified of the arrangements for the hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I hope this clarifies the matter for the Deputy.
207. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5244/17]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to hold an oral hearing in this case on 8 February 2017. The person concerned has been notified of the arrangements for the hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matte for the Deputy.
208. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5245/17]
Amharc ar fhreagraAn application for carer's allowance (CA) was received from the person concerned on 31 August 2015.
As a result of an appeals officer’s decision CA was awarded to the person concerned on 26 January 2017 and the first payment will issue to her nominated post office on 2 February 2017. Arrears for the period 3 September 2015 to 1 February 2017 will issue shortly.
The person concerned was notified on 26 January 2017 of the outcome.
I hope this clarifies the matter for the Deputy.
209. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance by a person (details supplied); and if he will make a statement on the matter. [5246/17]
Amharc ar fhreagraI confirm that my department received an application for Carer’s Allowance (CA) from the person concerned on 11 May 2016. It is a condition for receipt of a CA that the person being cared for must have a disability whose effect is that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The person concerned was notified on 18 July 2016 of this decision, the reason for it and of his right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of his application. Following this review the decision remained unchanged.
The person concerned was notified on 25 January 2017 of the outcome and of his right of appeal.
I hope this clarifies the matter for the Deputy.
210. Deputy Michael McGrath asked the Minister for Social Protection if he or any Minister of State under his Department uses a personal e-mail account for work purposes; the security controls in place regarding the use of personal e-mail accounts for Department-related business; if his Department has a policy on this matter; and if he will make a statement on the matter. [5260/17]
Amharc ar fhreagraThe Minister uses his department email for government business. He does have a private email address which he uses for personal and party matters, and which to the best of his knowledge has not been used for other purposes. Minister McGrath does not have a personal e-mail account.
The Department has well defined policies in relation to the use of email and internet services.
Every staff member is provided with a corporate email account that is hosted on the Department’s secure network. These corporate accounts are used for all email communications within the Department and to external bodies.
Access from the Department’s network to all web-based email is blocked as is access and use of web-based file sharing services associated with these services. This blocks all access to sites such as Gmail, Hotmail, iCloud, GDrive, OneDrive, Mega, Dropbox etc. Attachments on emails from web-based email providers are blocked from being downloaded. Size limits are set on all email attachments entering and exiting the Department. All email entering and exiting the Department is scanned for malware and viruses.
The Department has a well-defined methodology for pushing software security patches out to our fleet of desktop devices. This is done to protect services running on the Department’s network.
211. Deputy Róisín Shortall asked the Minister for Social Protection the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [5275/17]
Amharc ar fhreagraMy Department is responsible for the legislation underpinning the social welfare code and for a number of other areas of legislation. These are occupational and private pensions, civil registration and gender recognition, redundancy and employer’s insolvency and Citizens Information Board/Comhairle legislation.
A number of provisions of the Social Welfare Consolidation Act 2005, as amended, have still to be commenced. In addition, some provisions of the Citizens Information Act 2007, as amended, the Civil Registration Act 2004, as amended, and the Pensions Act 1990, as amended, have still to be commenced.
Details of these provisions, and their current status, are set out in the following tables.
Amendments to Social Welfare Consolidation Act 2005 (SWCA 2005)
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- |
Description |
Status |
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Social Welfare Consolidation Act 2005 Section 196 Section 265(1) Schedule 5 Paragraph (b)(ii)(III) of the definition of “relevant parent” in section 61A(1) of Chapter 11A |
Deduction from SW payments due to LA tenants. s.54 of the Housing (Miscellaneous Provisions) Act 2014 amended sections 196, 198 and 290A. S.8 of, and Part 9 of Schedule 2 to the Housing (Miscellaneous Provisions) Act 2009 amended the definition of ‘relevant purpose’ in section 265(1) by substituting subparagraphs (i), (ii) and (iii) of paragraph (b). Reference to Irish Water. S.11 of the Water Services Act 2014 provides for the deletion of ‘Irish Water’ in Schedule 5 of the SWCA 2005 and the repeal of section 20 of the Social Welfare and Pensions Act 2014. Paragraph (b)(ii)(III) of the definition of “relevant parent” in section 61A(1) of Chapter 11A (due to be inserted by section 31 of the Paternity Leave and Benefit Act 2016). |
Section 54, other than subsection (1) commenced by S.I. No. 404 of 2014. Subsection (1) amends section 196 of the Social Welfare Consolidation Act 2005. Commencement of provision is responsibility of Minister for Housing, Planning, Community and Local Government. Commencement of provision is responsibility of the Minister for Housing, Planning, Community and Local Government. Commencement Order is to be made by Minister for Social Protection after consultation with Minister for Housing, Planning, Community and Local Government. Contingent upon the commencement of section 5 of the Children and Family Relationships Act 2015. Commencement is responsibility of Minister for Health. |
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Social Welfare and Pensions Act 2007 Section 21(a) Section 27 |
Amends section 149 of the SWCA in relation to entitlement to the Pre-Retirement Allowance where a person had previously been in receipt of Carer’s Allowance. Amends section 220 of the SWCA 2005 to enable payment of Child Benefit to be split between the child’s parents. |
The necessity for this provision is currently being examined and a decision on how best to proceed will be taken following the completion of this examination. This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. |
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Social Welfare and Pensions Act 2008 Sections 12 to 14 Section 17(5) |
Inserts new Chapter 5A in Part 3 of the SWCA 2005 and makes consequential amendments to the provisions of that Act to provide for the transfer of the Blind Welfare Allowance from the HSE to the Department of Social Protection. Makes provision for the treatment of outstanding claims for Domiciliary Care Allowance held by the HSE on the transfer of administrative responsibility for that scheme to the Department of Social Protection. |
This provision will be commenced as soon as the necessary administrative arrangements have been agreed with the HSE and Department of Health. The necessity for this provision is currently being examined and a decision on how best to proceed will be taken following this review. |
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Social Welfare (Miscellaneous Provisions) Act 2010 Section 3 Section 6 Section 14 |
Inserts new section 296A into the SWCA 2005 and makes consequential amendments to the provisions of that Act to clarify the rules relating to which parent a child will normally be regarded as residing with for social welfare payment purposes. Amends section 40 of the SWCA 2005 to enable claims for Illness Benefit to be processed in the event of the outbreak of a flu pandemic. Amends section 220 of the SWCA 2005 to clarify the rules relating to which parent a child will normally be regarded as residing with for Child Benefit purposes. |
This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. This provision will be commenced if the need arises. This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. |
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Social Welfare and Pensions Act 2014 Section 9 Section 10 |
Clarifies the provisions contained in Part 6 of the SWCA 2005 in relation to entitlement to family income supplement (FIS) in cases where the claimant is living apart from his or her spouse or civil partner and children. Clarifies the provisions contained in Part 6 of the SWCA 2005 relating to the impact of a change of circumstances on continuing entitlement to FIS during the 52 week entitlement period and on the weekly rate of FIS payable during that period. |
It is expected that the provisions of sections 9 and 10 will be commenced in due course. |
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Social Welfare Act 2016 Section 4 Section 9 |
Provides for the extension of eligibility for Invalidity Pension to self-employed persons. Provides for the extension of Treatment Benefit to the self-employed and the extension of treatments under the Dental and Optical schemes to both employed and self-employed contributors. |
Due to be commenced in December 2017. Treatment Benefit to self-employed is due to be commenced in March 2017 and expansion of treatments available under the scheme is due to commenced in October 2017. |
Un-commenced provision of the Citizens Information Act 2007
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Uncommenced Provision |
Description |
Status |
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Section 5 |
Provides that a qualifying person, in the case of a person 18 years or over, is a person who in the opinion of the director is unable to obtain or has difficulty in obtaining a social service without the support of a personal advocate because of his or her disability. |
The Department is in discussions with the Citizens Information Board to identify the most appropriate response to meet the advocacy needs of persons over 18, with disabilities. |
Amendments to the Pensions Act 1990
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Uncommenced Provision |
Description |
Status |
|
Pensions (Amendment) Act 2002 Section 3 Section 39 |
Inserts new Part X (sections 91 to 125) into the Pensions Act 1990, which provides for the establishment of Personal Retirement Savings Accounts (PRSAs). Part X has been commenced with the exception of section 122, which provides for the replacement of buy-out bonds with PRSAs. A buy-out-bond is a pension bond into which persons can transfer the value of their fund if they leave their employment/ pension scheme. Inserts new section 56A into the Pensions Act 1990 to provide for the consideration of index-linked increases in the rates payable in Defined Benefit pension schemes. |
Originally, the intention was that new buy-out bonds would cease when PRSAs became available. However, it is considered that buy-out bonds will be required in the short to medium term. The situation will be kept under review in consultation with the Pensions Authority. This provision does not require that indexation be introduced, only that it be examined. The situation will be kept under review in consultation with the Pensions Authority. |
|
Social Welfare and Pensions Act 2008 Section 27(i) |
Inserts section 64P into the Pensions Act 1990 |
Section 64P was originally inserted to provide trustees with flexibility to remove a particular registered administrator where they were unhappy with the service being provided or considered the administration fees excessive. Section 64P sought to achieve this flexibility by prohibiting the bundling of a registered administrator’s services with other services or products. It later transpired that it would be in breach of EU and domestic legislation for an insurer to act as a registered administrator, without also holding the underlying policy of insurance. As insurance companies would be unable to provide separate registered administrator services to comply with section 64P its commencement was revoked (S.I. 398 of 2008 refers). |
Un-commenced provisions of the Civil Registration Act 2004
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Uncommenced Provision |
Description |
Status |
|
Section 4 and the Second Schedule Sections 13(1)(f) and (g) Part 7 (section 59) Section 73 |
Repeal various enactments dealing with civil registration matters prior to the enactment of the Civil Registration Act 2004. Provide for the establishment and maintenance of a register of all decrees of divorce and all decrees of nullity of marriage. Provides for the registration of decrees of divorce and decrees of nullity of marriage. Provides for the compilation and publication of statistics relating to events registered under the Act. |
Section 4 and the Second Schedule have been commenced, except in so far as they relate to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952. The repeal of the 1952 Act has been examined in the context of the commencement of section 73 of the Civil Registration Act 2004 – see section 73 below. Commencement of these provisions is not currently being proposed for financial and operational reasons. Commencement of this Part is not currently being proposed for financial and operational reasons. Section 73 of the Civil Registration Act 2004 mirrors the provisions contained in the Vital Statistics and Births, Deaths and Marriages Registration Act 1952. Section 73 and section 4, in so far as it relates to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952, will be commenced following examination of the effects of repealing the Act of 1952. |
Un-commenced provisions of the Civil Registration (Amendment) Act 2014
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Uncommenced Provision |
Description |
Status |
|
Section 5 Section 6 Section 7 Section 8 |
Provides that a person who is a qualified informant must produce to the registrar any evidence, including documentary evidence relating to a birth as requested by the registrar. The section also provides that a Superintendent Registrar may complete the registration of a birth where, in exceptional circumstances, a qualified informant has not signed the register to allow completion of the registration. Under this section a child who has attained the age of 18 years may be considered as a qualified informant in relation to the registration or re-registration of their own birth entry. This section amends section 22 of the Civil Registration Act 2004 and contains a number of amendments relating to the registration of the father’s name where the parents are not married. Provides for the re-registration of a birth and contains a number of amendments to section 23 of the 2004 Act. Amends the 2004 Act by the insertion of a new section which provides for the re-registration of a birth of a child, where the parents were not married on the date of the birth, on foot of a court order. |
To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. |
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Uncommenced Provision |
Description |
Status |
|
Section 9 Section 11 Section 12 Section 13 Section 15(a) |
Provides for the amendment of the 2004 Act by insertion of a new section 25A which provides that where the parents of the child cannot agree on a surname that the registrar may complete the registration by leaving the surname blank or in cases where a surname is already registered, that the existing surname shall remain. Amends section 37 of the 2004 Act to extend the definition of a qualified informant of a death. Provides that early neonatal deaths are notified to the Superintendent Registrar of the area where the death occurred. Provides for a record of deaths of Irish citizens who die abroad who were ordinarily resident within the state within 5 years prior to their death. Amends section 46 of the 2004 Act. |
To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. |
|
Uncommenced Provision |
Description |
Status |
|
Section 19(1) Section 21(a) Section 22 Section 26(1) Section 27(a) & (c) Section 28 Section 29(a) Section 29(c) Section 30(a) |
Provides for the recognition of certain marriages carried out at foreign embassies in the State. Amends section 59B of the 2004 Act. Amends section 59C of the 2004 Act. Provides for the recognition of certain civil partnership ceremonies carried out at foreign embassies in the State. Provides for reduced cost certs where required to be produced to prove age, civil status or death. Amends section 64 of the 2004 Act providing for the cancelation of entries in the registers. Deletes reference to consultation with the Minister for Social and Family Affairs in section 66 of the 2004 Act. Provides for sharing of information with the Road Safety Authority. Provides that the Minister may make Regulations prescribing a lesser fee for life event certificates where required for official purposes. |
To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. Superseded by the enactment of the Marriage Act 2015. Superseded by the enactment of the Marriage Act 2015. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. Not commenced until further consultation. Pending further clarification of Data Protection issues. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. |
|
Uncommenced Provision |
Description |
Status |
|
Section 31 Section 32 Section 33 Section 34 |
Amends section 68 of the 2004 Act consequential to sections 5, 6, 7, 8 and 11 of the 2014 Act. Adds to the list of offences consequential to amendments made by the 2014 Act. Adds to the list of penalties consequential to amendments made by the 2014 Act. Amends the First Schedule of the 2004 Act by deleting “Age next birthday”. |
Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. |
212. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if the number of election observers sent will be increased or at least maintained at the level of 2016; his views on whether the overall numbers sent have fallen significantly in recent years; and if he is considering a review of conditions and allowances for observers. [5062/17]
Amharc ar fhreagraInternational election monitoring missions play an important role in the promotion of democracy and human rights. The Department of Foreign Affairs and Trade maintains and administers a roster of observers for such missions. The aim is to ensure that Ireland is represented at an appropriate level in international election observation missions, organised in the main by the Organisation for Security and Cooperation in Europe (OSCE) and the EU.
In 2013, 72 observers were deployed; in 2014 there were 53 deployed; in 2015, 46 and in 2016, 68. A full listing of all elections observed since 2013 is posted on the Irish Aid website and can be accessed at the following address: https://www.irishaid.ie/media/irishaid/allwebsitemedia/40getinvolved/Election---Website---December-2016.pdf
Various factors influence the number of observers deployed each year. The principal reason for the variation is the number of elections taking place in any given year and where the host authorities have extended an invitation to the OSCE or EU to deploy an observation mission. A further factor can be the postponement of planned elections or the issuing of a limited call, as recently in relation to Timor-Leste where only Long Term Observers were sought by the EU. It is therefore difficult to provide a specific target for the number of observers to be deployed for 2017.
The European Union covers the costs associated with EU Election Observation Missions. For OSCE missions, the Department covers all costs incurred by the individual Irish election observers. This includes a daily allowance based on OSCE guidance, to cover the cost of food, accommodation and local transport costs in country. A return airfare is also provided. In addition, all Irish election observation roster members undertaking a mission receive a once-off grant annually of €600 from the Department to cover pre-departure mission expenses. Insurance cover is also provided by the Department for all observers. There are no plans to review the conditions or allowances for observers.
213. Deputy Michael McGrath asked the Minister for Foreign Affairs and Trade if he expects Irish citizens to be able to continue to work in the United Kingdom following the United Kingdom's exit from the EU; and if he will make a statement on the matter. [5107/17]
Amharc ar fhreagraIt is the firm objective of the Government that Irish citizens will be able to continue to live and work freely in the United Kingdom following the UK’s exit from the EU.
A central element in achieving this objective will be the continuation of the Common Travel Area (CTA) arrangements between Ireland and the UK. At their meeting in Dublin earlier this week, at which I participated, the Taoiseach and Prime Minister May reaffirmed their joint commitment to maintaining the CTA and to continuing the two governments’ work together on this.
For her part, Prime Minister May has listed the CTA as one of her priorities for the exit process. In her public statements around her Dublin visit, she referenced the status of Irish citizens in UK law as well as her wish for the rights Irish and UK citizens enjoy in both countries to continue.
In the particular case of the CTA, as in regard to other specific Irish-related issues, it is clearly essential that we secure the understanding and support of the EU institutions and Member States regarding this long-standing and important bilateral arrangement. With a view to achieving this, the Government continues to engage very actively at both the political and official/diplomatic levels in setting out this and other key priorities to them.
It is important and welcome that Ireland’s concerns have been explicitly and publicly recognised by the chief negotiators of both the Commission and the European Parliament, Michel Barnier and Guy Verhofstadt respectively.
Therefore, while pending the triggering of Article 50 of the Treaty on the European Union by the United Kingdom, formal negotiations have not yet begun, important groundwork has been done with both the UK government and with our EU partners. In tandem with this, the government, my Department, and our diplomatic missions in the UK will continue their close contact with the Irish community as the exit process continues.
214. Deputy Róisín Shortall asked the Minister for Foreign Affairs and Trade his views on President Trump's executive order on immigration; the steps he is taking to ensure legal representation is provided to persons impacted by this executive order within Irish airports' pre-clearance areas; his further views on a potential conflict between the implementation of this executive order and the Treaty on the Functioning of the European Union, TFEU, regarding persons with dual citizenship; the steps he is taking to ensure this order does not interfere with obligations of non-refoulement; the measures he is instituting to ensure obligations under the TFEU and the European Convention on Human Rights, ECHR, are fully complied with in pre-clearance areas; and if he will make a statement on the matter. [5172/17]
Amharc ar fhreagraWhile US immigration policy is a matter for the US authorities, it is clear that the Executive Order signed by President Donald J. Trump on 27 January, 2017, could have far-reaching implications, both on humanitarian grounds and on relations between the US and the global Muslim community.
As I made clear in my statement on 29 January, 2017, I fully share the concerns expressed by other EU partners regarding this development. Since then, I have had the opportunity to convey these concerns directly to the US Administration in Washington DC.
I note the clarification issued by the Embassy of the United States in Dublin on 31 January, 2017, to the effect that the Executive Order in question does not restrict the travel of dual nationals to the United States, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa, if required.
Therefore, Irish citizens travelling to the United States on Irish passports should encounter no difficulties in this regard, as long as they have followed the relevant procedures governing the US Visa Waiver Programme and, if necessary, have obtained a US visa prior to travel.
I wish to further advise that I am currently undertaking a pre-planned visit to Washington, DC. I have had a number of meetings with several Congressional leaders from both sides of the aisle – both Republican and Democrat – as well as representatives of the US Administration. These meetings provided an opportunity to discuss a range of issues of mutual interest and concern to Ireland and the United States.
In my meeting with the US National Security Adviser, General Flynn, I expressed Ireland’s deep concerns with regard to the nature and impact of the most recent Executive Order. In response, General Flynn outlined to me the rationale, in US immigration terms for these temporary measures, while I pointed out their damaging consequences in humanitarian terms, as well for the international reputation of the United States.
Concerning the other elements raised in the Deputy’s question, I wish to note that the operation of the pre-clearance agreement between the United States and Ireland is primarily the responsibility of the Department of Transport, Tourism and Sport.
215. Deputy Michael McGrath asked the Minister for Foreign Affairs and Trade if he or any Minister of State under his Department uses a personal e-mail account for work purposes; the security controls in place regarding the use of personal e-mail accounts for Department-related business; if his Department has a policy on this matter; and if he will make a statement on the matter. [5255/17]
Amharc ar fhreagraNeither I nor any Minister of State under this Department uses a personal email account for official department business.
Access to such web-based email services is blocked from this Department’s ICT infrastructure. It is the Department’s policy that web-based email is not used for official business.
216. Deputy Róisín Shortall asked the Minister for Foreign Affairs and Trade the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [5270/17]
Amharc ar fhreagraSpecific provisions of Acts under my Department that have not yet been commenced are Sections 14(8) and 14(9) of the Passports Act 2008.
These Sections of the Passports Act, if commenced, would provide that guardians’ consent to the issuing of a passport would be considered to be enduring for the child up to the age of 18. The commencement of these provisions, including required technology updates, are under consideration as part of the passport reform programme which will run until the end of 2018.
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Act |
Specific provisions of the Act which have not yet been commenced |
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Passports Act 2008 |
Sections 14(8) and 14(9) |
