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Gnáthamharc

Tuesday, 26 Feb 2019

Written Answers Nos. 223-242

Autism Support Services

Ceisteanna (223)

Brendan Ryan

Ceist:

223. Deputy Brendan Ryan asked the Minister for Education and Skills if an ASD unit for autistic children is included in the accommodation to be provided in a new school (details supplied) in County Kildare; if not, the location in which children from the school catchment area requiring an ASD unit will be accommodated; and if he will make a statement on the matter. [9547/19]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that there is no current provision to include an ASD unit for the school in question. There is currently a major building project, in architectural planning, for the school in question, which is currently at Stage 2b – Detailed Design.

The pre-qualification process to select a shortlist of suitable contractors is now complete and the Design Team is currently completing work to ensure the new school building is NZEB compliant. Once this work is complete the Department will be in contact with the Board of Management with a view to progressing the project to tender stage. If an ASD Unit is to be added now it will delay the project going to tender as the school authority will have to re-apply for planning permission and the ASD accommodation will have to be designed and integrated into the overall design.

A decision to sanction a Special Needs Base in a specific school is a matter for the National Council for Special Education (NCSE). Schools may apply to the NCSE to open a Special Needs Base where a need has been identified in their area. The local Special Education Needs Organiser (SENO), in looking to open such a Base must take into account the present and future potential need for such bases, taking particular account of the educational needs of the children concerned.

If a requirement for a Special Needs Base is identified by the NCSE, for the school referred to by the Deputy, it is open to the school authority to make an application to my Department for the provision of such accommodation.

Schools Building Projects Status

Ceisteanna (224)

Brendan Ryan

Ceist:

224. Deputy Brendan Ryan asked the Minister for Education and Skills if tenders have been invited for the completion of a campus (details supplied) in County Kildare; the number of contractors from which tenders have been sought; the closing date for receipt of tenders for the project; when the successful contractor will be on site; if the completion date remains June 2020; and if he will make a statement on the matter. [9552/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the delivery of the project to which he refers has been devolved to Kildare and Wicklow Education & Training Board (KWETB).

I understand that the project will be going to tender very shortly. I can confirm that tenders are being sought from eight contractors and that the timeframe for receipt of tenders is expected to be in early April with a view to getting on site early in the summer. I also understand that the project remains on course for delivery within the timeframe referred to by the Deputy.

Schools Site Acquisitions

Ceisteanna (225)

Brendan Ryan

Ceist:

225. Deputy Brendan Ryan asked the Minister for Education and Skills further to Parliamentary Question No. 137 of 21 November 2018, if agreement has been reached on a new site for the school; and if he will make a statement on the matter. [9553/19]

Amharc ar fhreagra

Freagraí scríofa

As previously confirmed to the Deputy, a potential site for the school to which the Deputy refers has been identified and discussions are ongoing. Due to commercial sensitivities relating to site acquisitions in general, I am not in a position to provide further details at this time.

Schools Building Projects Status

Ceisteanna (226)

Brendan Ryan

Ceist:

226. Deputy Brendan Ryan asked the Minister for Education and Skills further to Parliamentary Question No. 115 of 9 October 2018, if tenders have been sought for the appointment of a design team for the school (details supplied); the closing date for receipt of tenders; and if he will make a statement on the matter. [9555/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the project to which he refers has been devolved for delivery to Kildare and Wicklow Education and Training Board (KWETB).

My Department has given approval to KWETB to proceed with the appointment of a Design Team for the project. That process is currently underway. I understand in that respect that the invitation for the appointment of design team members for the project is due to be uploaded to E tenders shortly.

EU Funding

Ceisteanna (227)

Éamon Ó Cuív

Ceist:

227. Deputy Éamon Ó Cuív asked the Minister for Education and Skills the breakdown of funds received by his Department or channelled through his Department from EU funds in 2017; and the programmes these funds supported. [9569/19]

Amharc ar fhreagra

Freagraí scríofa

The Managing Authorities for the European Social Fund (ESF) and the European Adjustment Globalisation Fund (EGF) are located within my Department. As set out in note 6.1 to the 2017 Appropriation Account, €23.173m was received into my Department’s Vote from EU funding as appropriations-in-aid, as follows:

EU Funding Type

A-in-A Receipts in 2017

Description

ESF/YEI

€22.476m

€13.183m related to the Human Capital Investment Operational Programme (HCIOP) 2007-13 and €9.293m related to the Programme for Employability, Inclusion and Learning (PEIL) 2014-20. This amount included €1.794m under the Youth Employment Initiative (YEI) which is programmed within the PEIL 2014-20.

EGF

€ 0.370m

in respect of the PWAI programme

EC Education Projects

€ 0.327m

included compensatory payments for administrative expenses incurred in providing for the Centre for European Schooling, Dunshaughlin, Co. Meath, activities under Ireland’s participation in the European Commission’s Eurydice information network and the Eurostudent VI project 2016-18

As Managing Authority for the ESF and EGF, my Department distributed ESF and EGF receipts as follows:

Funding Type

Receipts Distributed in 2017

Payee

ESF

€1.276m

Department of Justice and Equality - PEIL 2014-20

ESF/YEI

€4.205m

National Training Fund (NTF) – PEIL 2014-20

EGF

€0.266m

Department of Employment Affairs and Social Protection - LTAI Programme

EGF

€0.351m

National Training Fund - PWAI Programme

My Department held ESF receipts of €5.6m in a HCIOP suspense account and €0.6m in a PEIL suspense account at the end of 2017, which were distributed to the NTF and other Departments in 2018.

DEIS Eligibility

Ceisteanna (228)

Eamon Scanlon

Ceist:

228. Deputy Eamon Scanlon asked the Minister for Education and Skills the qualifying criteria, scoring and other assessment parameters which a school has to achieve at a minimum in order to qualify for DEIS status; and if he will make a statement on the matter. [9616/19]

Amharc ar fhreagra

Freagraí scríofa

DEIS was first introduced in 2006 and the identification of schools for inclusion was based on two different processes at primary and post primary. At primary level, there was a survey of school principals using the following socio-economic variables: %unemployment; %local authority accommodation; %lone parenthood; %travellers; %large families (more than 5 children); %pupils eligible for free books. At post primary level a combination of data from the Departments pupil database including school level retention rates together with exam achievement data and exam fee waiver data, which indicated that students had medical cards, was used.

Following a review of DEIS in 2016 and an extensive consultation process, a new identification process was developed for assessing schools levels of concentrated disadvantage. The key data sources used in the new DEIS identification process are the DES Primary Online Database (POD) and Post-Primary Online (PPOD) Databases, and CSO data from the National Census of Population as represented in the Haase Pratschke Deprivation Index (HP Index). The HP Index combines three underlying dimensions of affluence/disadvantage, identified as Demographic Profile, Social Class Composition and Labour Market Situation, to achieve a balanced measure of relative affluence and deprivation, which evenly applies across the urban-rural continuum. Variables used in the compilation of the HP Index include those related to demographic growth, dependency ratios, single parent rates, education levels, overcrowding, social class, occupation and unemployment rates. This data is combined with pupil data, anonymised and aggregated to small area, to provide information on the relative level of concentrated disadvantage present in the pupil cohort of individual schools. This data is applied uniformly to all schools in the country in a fair and objective way, to identify the relative level of concentrated disadvantage present in each school. The calculation of the level of disadvantage in each school is based on the socio-economic background of their pupil cohort using centrally held data as previously outlined and is not based on the location of the school but on the geographical CSO Small Areas where the pupil cohort resides.

A detailed document explaining the methodology used in the Identification process under DEIS plan 2017 is available on my Department’s website at https://www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/DEIS-Identification-Process.pdf.

Following an initial application of this new methodology, 79 new schools were brought into the DEIS programme in 2017 with a further 30 being upgraded from Band 2 to Band 1 status. These schools were assessed as having the highest levels of concentrated disadvantage.

DEIS Plan 2017 states that the improved data on the socio-demographic of schools resulting from the new identification model will have an impact not only on the assessment of schools for inclusion in the programme but also on the scaling of resources to allow for more graduated levels of support. This in turn allows for the ultimate objective of allocating resources to best meet the identified need of individual schools.

In order to achieve this, the current identification model needs to be as accurate as possible and this will be facilitated by the use of Eircode to ensure correct inputting of addresses. Further analysis is also required to examine other variables known to be strong predictors of educational disadvantage in the context of resource allocation.

Schools Building Projects Status

Ceisteanna (229)

Seán Fleming

Ceist:

229. Deputy Sean Fleming asked the Minister for Education and Skills the position regarding the appointment of a project manager for a project (details supplied); and if he will make a statement on the matter. [9619/19]

Amharc ar fhreagra

Freagraí scríofa

A building project for the school referred to by the Deputy is included in my Department’s 6 year Construction Programme.

A project brief has been finalised and the project will be delivered via the ADAPT programme. The ADAPT programme uses a professional external Project Manager to coordinate and drive the respective design teams on each project.

In this regard, a tender competition is in train to establish a Project Manager framework which is expected to be in place in March. The formulation of tender documentation is underway and once the framework has been established a tender exercise will be carried out to appoint a Project Manager for all projects under the ADAPT programme, including this particular project.

All schools with projects on the ADAPT programme will be contacted shortly by my Department to provide an update on the status of their respective project. I wish to confirm to the Deputy that my Department is committed to providing the necessary accommodation for the school in question.

School Accommodation Provision

Ceisteanna (230)

Jackie Cahill

Ceist:

230. Deputy Jackie Cahill asked the Minister for Education and Skills if there are regulations which would stop the board of management of a school (details supplied) from designing an extension to the classrooms and applying for planning permission from the local authority with a view to presenting it for funding at some stage in the future; and if he will make a statement on the matter. [9620/19]

Amharc ar fhreagra

Freagraí scríofa

If the school referred to by the Deputy requires additional classrooms the school authority should submit an application under my Department’s Additional Accommodation Scheme. It is Department policy not to provide funding to school authorities for projects undertaking without prior approval. The level of accommodation to be provided to any school is a matter for my Department so extensions designed by school authorities may not receive approval resulting in all of the work completed and costs incurred by the school authority being wasted.

Schools Facilities

Ceisteanna (231)

John Curran

Ceist:

231. Deputy John Curran asked the Minister for Education and Skills the schools which have provided facilities (details supplied) to achieve the objective of increased use of school buildings since the publication of the plan in summer 2017; and if he will make a statement on the matter. [9643/19]

Amharc ar fhreagra

Freagraí scríofa

The management of school premises at local level is a matter for the relevant school authorities. Any decision to make school premises available ultimately lies with the relevant Trustees/Property owners following a recommendation from the school authorities. However, as schools are often the centre of sustainable communities there can be mutual benefits in building links with the local community. It is recognised that schools play an important role in their wider communities and many schools make their facilities available outside of school hours for a variety of different uses and users.

As the decision as to use of school premises outside of school hours is taken locally the information sought by the Deputy is not available to my Department.

My Department following consultation with the relevant school authorities, in October 2017 published Guidelines on the use of School Buildings outside of School Hours. These guidelines can be viewed on my Department's website at this link: https://www.education.ie/en/Publications/Policy-Reports/guidelines-on-the-use-of-school-buildings-outside-of-school-hours.pdf.

The purpose of these guidelines is to provide guidance for schools in relation to the use of school buildings outside of school hours and for those schools who are considering putting such arrangements in place.

Teachers' Remuneration

Ceisteanna (232)

Seán Fleming

Ceist:

232. Deputy Sean Fleming asked the Minister for Education and Skills the position regarding substitute primary teachers who have had difficulty in receiving payment in January and February 2019 (details supplied); and if he will make a statement on the matter. [9664/19]

Amharc ar fhreagra

Freagraí scríofa

The Revenue Commissioners have introduced real time PAYE (PAYE modernisation) which went live on the 1st January 2019. This was the biggest change to the PAYE system since the 1960s. From 1 January 2019 employers are required to report their employees’ pay and statutory deductions to Revenue for each payroll issue.

The issue related to the taxation of substitute staff and in the case of primary staff was confined to those who were paid in the payment issue date of the 10th January. A cessation date was included in the payroll file sent to Revenue on the 10th January for primary staff. The new Revenue system updated the employees’ records immediately and assigned zero credits to them which meant that when they were next paid, for some substitutes, there were no tax credits available to be applied to the salary.

The payroll software was amended in mid-January to prevent an end date transferring to Revenue for future payments. This meant that any substitute staff paid for the first time in 2019 after the 17th January do not have problems with tax credits. However this software amendment did not correct the issues that arose for the staff who were paid already on the 10th January.

My Department and Revenue accorded the highest priority towards a correction of the tax issues for those substitute staff impacted in that payroll. The new record format to resolve the issue was implemented in the primary staff payroll of the 21st February and generated refunds for 533 primary substitute payees. My Department is also making arrangements to ensure that refunds, where due, are generated for those that have not worked since the payrolls issued in January.

Where a primary substitute teacher has more than one employer, the Revenue Commissioners will issue Revenue Payroll Notifications (RPNs) based on the information available to them. Employees may have more than one source of taxable income and may assign credits to more than one employment. Tax credits and taxable basis are decided by Revenue and notified to the employer to apply to payrolls. Any refunds of tax to staff are based on the information supplied by Revenue.

School Patronage

Ceisteanna (233)

Mary Butler

Ceist:

233. Deputy Mary Butler asked the Minister for Education and Skills his plans to provide an Educate Together primary school in Dungarvan, County Waterford; the timeframe for this proposal; the proposed location; and if he will make a statement on the matter. [9682/19]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, my Department is implementing new plans aimed at accelerating the provision of multi-denominational and non-denominational schools across the country, in line with the choices of parents, families and school communities and the Programme for Government commitment to reach 400 such schools by 2030.

The previous model of patronage divestment yielded only a very limited number of schools for transfer to multi-denominational patrons (11 since 2013, with a twelfth school, Westport ETNS, due to be established under this process for September 2019). I believe that the new Schools Reconfiguration for Diversity process has the potential to significantly increase patron diversity in our school system.

While the Schools Reconfiguration process is being advanced, my Department is continuing to work with the main stakeholders to progress delivery of diversity in areas already identified, including Dungarvan.

To date, it has not been possible to secure a school property to facilitate a new school being established in Dungarvan. However, my Department will continue its efforts in relation to identifying a suitable solution under the patronage divesting process, which would facilitate a new Educate Together school being established to serve the Dungarvan area.

Medical Negligence Cases

Ceisteanna (234)

James Browne

Ceist:

234. Deputy James Browne asked the Minister for Justice and Equality further to Parliamentary Question No. 516 of 12 February 2019, the reason the Legal Services Regulation Act 2015 and the 2012 working group on medical negligence and periodic payments sought to limit the period allowable for medical negligence to three years instead of a longer period; and if he will make a statement on the matter. [8981/19]

Amharc ar fhreagra

Freagraí scríofa

As set out by the Minister for Health in his Written Reply No. 516 of 12 February 2019, the current limitation period, in respect of a clinical negligence action, is 2 years from the date of the incident giving rise to the claim or from the date of knowledge of it, i.e. when the injured person first learned that his or her injury was related to the clinical negligence event. As the Minister for Health also conveyed on that occasion, in liaison with my Department, Part 15 of the Legal Services Regulation Act 2015, which provides for a pre-action protocol for use in clinical negligence cases, is also set to amend the limitation period in respect of such actions, by increasing the current 2 year limitation period to that of three years. Preparations at my Department, in conjunction with Offices of the Attorney General and of Parliamentary Counsel, for the commencement of Part 15 of the 2015 Act and the issue of the relevant regulations for a pre-action protocol, are at an advanced stage.

As with the introduction of the proposed new pre-action protocol, the increase in the limitation period follows a recommendation made by the Working Group on Medical Negligence and Periodic Payments in its Report of March 2012 which is publicly available on the website of the Courts Service at www.courts.ie . The Working Group took the view, having looked at other jurisdictions and supported by a number of submissions made to it in the course of its consultation exercise, "that the current limitation period of two years applicable to personal injuries actions generally, is too restrictive and does not take account of the particular complexities associated with clinical negligence claims and the extent of their reliance on expert evidence of various types". The Group therefore considered that "an extension of the limitation period to three years for clinical negligence claims would strike the appropriate balance between the legitimate interests of claimants and respondents to such claims". The policy decision to introduce this extension under Part 15 of the Legal Services Regulation Act 2015 is, therefore, considered to strike the appropriate balance while also providing reasonable time to enable clients engage in the pre-action protocol process as a reforming measure that can help to reduce the number of time-consuming and costly clinical negligence actions that come before the courts.

Brexit Issues

Ceisteanna (235)

Richard Boyd Barrett

Ceist:

235. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if a non-EU spouse who holds a stamp 4-EUFAM residency permit will be permitted to remain living with their spouse with British citizenship here post-Brexit (details supplied); and if he will make a statement on the matter. [9008/19]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that its officials are preparing for a variety of Brexit scenarios, including the possibility of a no-deal Brexit. The provisions to be made for the non-EEA family members of British nationals is being considered in that context.

In a no-deal Brexit scenario, arrangements are currently being finalised by my officials in respect of current holders of EUFAM permission granted under the European Communities (Free Movement of Persons) Regulations 2015. While not wishing to pre-empt the outcome of these deliberations, it is likely that current permission holders will continue to enjoy these or equivalent rights.

A communication strategy is also being put in place which will include contacting customers directly over the coming weeks such as the individual to whom the Deputy refers. In the meantime, no action is required from the individual concerned.

Garda Operations

Ceisteanna (236, 263)

Seán Fleming

Ceist:

236. Deputy Sean Fleming asked the Minister for Justice and Equality when the provision of structures at locations (details supplied) by the OPW will be completed; and if he will make a statement on the matter. [9666/19]

Amharc ar fhreagra

Seán Fleming

Ceist:

263. Deputy Sean Fleming asked the Minister for Justice and Equality when a project (details supplied) will be completed; and if he will make a statement on the matter. [9665/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 236 and 263 together.

As the Deputy will appreciate, in accordance with Section 26 of the Garda Síochána Act 2005, as amended, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána. Further, the allocation of Garda resources is a matter for the Commissioner, in light of the availability of resources and his identified operational demands. As Minister I have no direct role in these matters.

I have been advised by the Garda authorities that the Garda Dog Unit is based at Kilmainham Garda Station, in the Dublin Metropolitan Region (DMR) and has a national remit. I am pleased to confirm that dog units have also been established in the Southern Region based at Togher Garda Station, Cork, and Henry Street Garda Station, Limerick. I understand that facilities for a future regional dog unit have also been included in the Western Region Garda Headquarters, Galway.

I am informed that as at January 2019, 25 dogs were attached to the Garda Dog Unit, comprising general purpose (search), drugs and explosive detection dogs, of which 20 dogs were located in the DMR and 5 were located in the Southern Region.

I am informed by the Garda authorities that An Garda Síochána is currently examining options for the provision of kennelling facilities for the Garda Dog Unit and that when the optimum solution is identified and finalised, bearing in mind factors including suitability, delivery and cost, the necessary arrangements will be made to progress the matter.

Sentencing Policy

Ceisteanna (237)

Clare Daly

Ceist:

237. Deputy Clare Daly asked the Minister for Justice and Equality his plans to reinstate a sentencing database similar to the defunct Irish sentencing information system which is accessible to the Judiciary, practitioners, victims, accused and the public; and if so, when. [8983/19]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In regard to sentencing, the approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum.

The court is required to impose a sentence which is proportionate not only to the crime but also to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.

The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. As the Deputy is aware, sentencing practice was also developed by a steering committee of the judiciary which developed the Irish sentencing information system, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions.

Looking to the future, the Deputy will also be aware that the Judicial Council Bill is currently awaiting Committee Stage in Seanad Éireann. In its published form, the Bill provides for the establishment of a Sentencing Information Committee which will be responsible for the collation of sentencing information and the dissemination of that information. To facilitate it in carrying out its functions, it is envisaged that the Committee will have access to court documents relating to criminal proceedings. In addition to the collation and dissemination of sentencing decisions and information on those decisions, it will be empowered to conduct research and organise conferences, seminars and other events. As a general principle, the information will not disclose the names of the parties to the proceedings covered by the decisions. However, an exception will be made to this principle where disclosure is required by a judge in relation to proceedings before him or her or where it is necessary to facilitate submissions to the court by a party’s legal representative in relation to the sentence to be imposed.

A set of amendments aimed at transforming the Sentencing Information Committee into a Sentencing Guidelines and Information Committee has been developed within my Department and will form part of a package of amendments to the Bill which will be brought forward once Committee Stage is scheduled.

Courts Service

Ceisteanna (238)

Clare Daly

Ceist:

238. Deputy Clare Daly asked the Minister for Justice and Equality if ring-fenced funding has been provided in 2019 to improve courtroom technology in particular to facilitate victims of sexual or domestic crimes giving testimony by video link. [8984/19]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, following the publication by the Minister for Public Expenditure and Reform of the Estimates for Public Services on 9 October 2018, the capital allocation for 2019 for the Courts Service was confirmed at €51.517 million. Furthermore, there was a carryover of €2.5 million in capital expenditure from 2018 to 2019, which is allocated to ICT Capital, bringing the total capital allocation in 2019 to €54.017 million.

It comprises €11.42 million for maintenance and development of new and existing ICT systems, €4.88 million for courthouse capital works and €37.717 million for unitary charge payments in relation to the Criminal Courts of Justice in Dublin and a number of regional courthouses provided under Public Private Partnership (PPP) arrangements.

As the Deputy will also be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that it is progressively improving the facilities and technology available for the use of victims of crime in courthouses around the country. The funding for these developments, while not ring fenced, is provided for from within expenditure heading allocations for Courthouse Capital, Courthouse Maintenance and Information and Communication Technology (ICT).

I am informed that from its allocated funding in 2019 the Courts Service is planning to provide video conferencing technology in the District Court Family Law Courts in Dolphin House in Dublin. Installation is at an advanced stage and will be completed shortly. The upgrading of video facilities in Dundalk Courthouse is also planned. Furthermore, space has been made available in Naas Courthouse for the provision of a vulnerable witness suite.

In the last two years there has been significant investment in courtroom technology and new courthouse facilities in seven locations around the country: Cork (Anglesea Street), Limerick (Mulgrave Street), Waterford, Wexford, Mullingar, Letterkenny and Drogheda. The new or refurbished courthouses in these locations have all been provided with dedicated facilities for the victims of crime. They have also been equipped with video technology to allow witnesses to appear remotely by video.

The Courts Service has further advised that during 2018 the video technology in the Criminal Courts of Justice in Parkgate Street in Dublin was refreshed in 14 courtrooms. Additional video technology was provided in Kilkenny Courthouse and the facilities in Tullamore Courthouse were also upgraded. Space was made available at Carlow Courthouse for a vulnerable witness suite. Overall there was a 49% increase in the number of courtrooms provided with video-conferencing in 2018, bringing the total number to 58, and the Courts Service will continue to invest in facilities and technology for victims of crime going forward.

As the Deputy may also be aware, the Domestic Violence Act 2018 was commenced on 1 January 2019. Section 25 of the 2018 Act provides for victims of domestic violence to give evidence by live television link, both in civil cases and in criminal cases for breaches of orders, so as to avoid the risk of intimidation by the perpetrator or an associate. Evidence given by live television link shall be video-recorded or audio-recorded. Section 25(3) of the 2018 Act provides that where live television link facilities are not in operation in a circuit court or district court district, and the court considers it desirable that evidence be given in this manner, the court may order the transfer of the proceedings to a circuit or district court district where those television link facilities are in operation.

Departmental Programmes

Ceisteanna (239)

Clare Daly

Ceist:

239. Deputy Clare Daly asked the Minister for Justice and Equality the status of the development of the criminal justice operational hub, in particular the development of agreed definitions and methods of data collection in line with best international standards by the stakeholders involved. [8985/19]

Amharc ar fhreagra

Freagraí scríofa

The Department of Justice and Equality is managing a program of work to deliver a “Criminal Justice Operational Hub” (CJOH). The CJOH responds to the need for improved data interoperability which has been a long-standing objective of the criminal justice system and has been recommended in a range of internal and external reviews.

It will provide a centralised facility to allow for data to be (i) exchanged between the existing ICT systems in the criminal justice agencies and (ii) accessed in an anonymised format for the purposes of analysis and developing evidence-based policy.

It is anticipated that by the end of 2019 the CJOH will start sharing defined sets of data between relevant CJS agencies in order to improve service delivery. This constitutes the first phase of this project. Any further phases will be the subject of analysis and evaluation prior to going ahead.

The project is led by my Department in collaboration with the following agencies: An Garda Síochána, The Courts Service, Irish Prisons Service, The Probation Service, the Legal Aid Board, Office of the DPP, Forensic Science Ireland, the Policing Authority, and Irish Youth Justice Service. The CSO is already involved with several of these agencies on data projects, including data quality enhancements, and the Programme is also engaging with the CSO on data modelling and the anonymisation process.

In line with data protection law, the sharing of personal data between the relevant agencies is necessary and proportionate to the prevention, detection, investigation and prosecution of criminal offences and to execute criminal penalties. A Data Sub-Committee of the project, in consultation with Data Protection Officers from the Department and the relevant agencies, oversees compliance with the Data Protection Act 2018, the Law Enforcement Directive and GDPR as applicable. In accordance with the Act, a Joint Controller and Controller/Processor agreement will be put in place.

Military Aircraft

Ceisteanna (240)

Clare Daly

Ceist:

240. Deputy Clare Daly asked the Minister for Justice and Equality if his policy in regard to the advice given in relation to the Air Navigation (Carriage of War, Weapons and Dangerous Goods) Order 1973 and the carriage of munitions has been changed in the past 12 months such that his Department now recommends that exceptions be made for the carriage of munitions intended to be used in international crisis management and peace support operations in addition to unloaded personal weapons; and if so, the reasons for the change. [8992/19]

Amharc ar fhreagra

Freagraí scríofa

Responsibility for the regulation of airlines wishing to carry weapons or munitions through Irish airspace or airports is accorded to the Minister for Transport, Tourism and Sport under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989.

In processing applications for airlines wishing to carry weapons or munitions through Irish airspace or airports, the Department of Transport, Tourism and Sport seeks the views of my Department in relation to security issues.

I can inform the Deputy that there has been no change in the past twelve months in the Department’s policy as regards such requests.

Prison Service Data

Ceisteanna (241, 248)

Clare Daly

Ceist:

241. Deputy Clare Daly asked the Minister for Justice and Equality when the census of restricted regime prisoners October 2018 and the census of cell occupancy and in-cell sanitation October 2018 reports will be published. [8994/19]

Amharc ar fhreagra

Clare Daly

Ceist:

248. Deputy Clare Daly asked the Minister for Justice and Equality when the census of restricted regimes October 2018 and January 2019 and the census of cell occupancy and in-cell sanitation reports will be published. [9213/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 241 and 248 together.

I am advised by my officials in the Irish Prison Service that the Census of Restricted Regime, the Census of Cell Occupancy and In-cell Sanitation are provided on the Irish Prison Service website www.irishprisons.ie, under Information Centre – Statistics & Information – Census Reports.

The Irish Prison Service timeframe for publishing these reports is four weeks from the census date, in order to allow time to provide for returns, collation and analysis of information.

Following a delay, due to an oversight, the October 2018 reports were published on the Irish Prison Service website on the 19th February 2019 and the January 2019 reports were published on 20th February 2019.

Immigrant Investor Programme Administration

Ceisteanna (242)

Brendan Griffin

Ceist:

242. Deputy Brendan Griffin asked the Minister for Justice and Equality his views on a matter (details supplied) regarding the immigrant investor programme; and if this is standard procedure. [9036/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they deal with matters in relation to individual projects directly with the agents concerned. In that regard INIS hosted a stakeholder engagement meeting on 25 February. Over seventy representatives attached to the various projects attended this meeting.

The Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment so as to create business and employment opportunities in the State. There are currently four options for investing, one of which is the endowment of €500,000 (or €400,000 where a group of 5 or more combine to make a large endowment) towards a project of public benefit in the arts, sports, health, cultural or educational field.

Any endowment proposed should be regarded as a philanthropic contribution with a clear public benefit and investors will receive no financial return or recoupment of the principal. When considering endowment applications the independent evaluation committee examines the governance structure of the beneficiary of the funds and a key criteria is whether or not they are a recognised registered charity.

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