Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Thursday, 28 Feb 2019

Written Answers Nos. 90-109

Student Grant Scheme Eligibility

Ceisteanna (90, 91)

Joe Carey

Ceist:

90. Deputy Joe Carey asked the Minister for Education and Skills the reason non-recurring overtime is regarded in determining the qualification for a third-level student grant; and if he will make a statement on the matter. [10091/19]

Amharc ar fhreagra

Joe Carey

Ceist:

91. Deputy Joe Carey asked the Minister for Education and Skills the provisions of the student grant scheme that determine the definition of non-recurring overtime by the student grant appeals board (details supplied); and if he will make a statement on the matter. [10093/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 90 and 91 together.

Under the terms of the Student Grant Scheme, grant assistance is awarded to students attending an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.

The assessment of means under the Student Grant Scheme is based on gross income from all sources. However, Article 22(5)(e) of the Scheme provides that overtime payments may be excluded from the calculation of reckonable income for student grant purposes where it is established by the applicant to the satisfaction of the awarding authority or in this instance, the Student Grants Appeals Board (SGAB), that the overtime is non-recurring.

The decision on eligibility for a student grant is a matter, in the first instance, for the centralised awarding authority SUSI (Student Universal Support Ireland) to determine or on appeal by the statutory independent SGAB.

Special Educational Needs Service Provision

Ceisteanna (92)

Fergus O'Dowd

Ceist:

92. Deputy Fergus O'Dowd asked the Minister for Education and Skills if a reply will issue to correspondence (details supplied); and if he will make a statement on the matter. [10126/19]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE) is responsible for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support enrolled in the school.

The NCSE allocates SNA support to schools in accordance with the criteria set out in Department Circular 0030/2014, which is available on my Department's website at www.education.ie, in order that students who have care needs can access SNA support as and when it is needed.

In considering applications for SNA support for individual pupils, the NCSE take account of the pupils' needs and consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupils from its current level of resources.

SNAs are not allocated to individual children but to schools as a school based resource.

As this question relates to a particular child, I have referred the question to the NCSE for their direct reply. I do not have a role in making determinations in individual cases.

Schools Building Projects Status

Ceisteanna (93)

Barry Cowen

Ceist:

93. Deputy Barry Cowen asked the Minister for Education and Skills the locations and projects from which the €10 million required for the national children's hospital will be taken; if it will come from his Department's capital or current envelope; and if he will make a statement on the matter. [10178/19]

Amharc ar fhreagra

Freagraí scríofa

No Education projects will be delayed as a result of the Department's contribution to the National Children's Hospital. The Department of Education and Skills has agreed to pay, in 2019, €10m of an existing €17m commitment to higher education facilities in the National Children's Hospital. This funding will come from within the existing overall amount allocated to the higher education capital subhead.

Special Educational Needs

Ceisteanna (94)

Bernard Durkan

Ceist:

94. Deputy Bernard J. Durkan asked the Minister for Education and Skills when a person (details supplied) is likely to be awarded a special needs school place to meet their educational requirements; and if he will make a statement on the matter. [10188/19]

Amharc ar fhreagra

Freagraí scríofa

The policy of my Department is to ensure that all children with special educational needs can be provided with an education appropriate to their needs.

The National Council for Special Education (NCSE) has a statutory function to plan and co-ordinate the provision of education and support services to children with special educational needs including Autism Spectrum Disorder (ASD), in consultation with the relevant education partners and the Health Service Executive (HSE). This includes the establishment of special class and special school placements in various geographical areas where there is an identified need.

Parents/Guardians who may need advice or are experiencing difficulties in locating a school placement, including special class placement, should contact their local Special Educational Needs Organiser (SENO) who can assist in identifying an appropriate educational placement for their child, using the contact details available at http://ncse.ie/seno-contact-list.

As the matter raised by the Deputy refers to a placement for a particular child, I have arranged for the Deputy's question to be forwarded to the National Council for Special Education for direct reply.

Criminal Injuries Compensation Tribunal Data

Ceisteanna (95, 96, 97)

Clare Daly

Ceist:

95. Deputy Clare Daly asked the Minister for Justice and Equality the number of applicants to the Criminal Injuries Compensation Tribunal waiting for their claims to be completed; and the number of years in each case. [10024/19]

Amharc ar fhreagra

Clare Daly

Ceist:

96. Deputy Clare Daly asked the Minister for Justice and Equality the measures in place in the Criminal Injuries Compensation Tribunal to ensure that the objective of keeping costs to the State low and the objective of fairly dealing with claims for compensation do not come into conflict. [10025/19]

Amharc ar fhreagra

Clare Daly

Ceist:

97. Deputy Clare Daly asked the Minister for Justice and Equality the reason legal representation is not made available to victims of crime that apply to the Criminal Injuries Compensation Tribunal (details supplied). [10026/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 95 to 97, inclusive, together.

The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. Under the Terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation. Tribunal members, who are practising barristers and practising solicitors in the Courts system, provide their services on a part time basis to the Tribunal. Under the terms of the Scheme, the compensation to be awarded by the Tribunal is on the basis of damages awarded under the Civil Liabilities Acts and therefore conflict along the lines referred to does not arise with respect to such decisions.

Applications to the Tribunal are processed with a minimum of formality compared to court proceedings where compensation is sought under the Civil Liability Acts. The scheme is designed to be non-adversarial in nature and to facilitate persons in making an application without the need for legal representation.

Because of the manner in which cases are recorded, in particular applications which are received but not actively pursued by the applicant, it is not possible at this time to provide the Deputy with the number of active cases not settled by the Tribunal. As outlined in my reply to Question 119 of 20 February 2019, I have requested an assessment of the caseload of the Tribunal. I will contact the Deputy again when this exercise has been completed.

Naturalisation Applications

Ceisteanna (98)

Martin Ferris

Ceist:

98. Deputy Martin Ferris asked the Minister for Justice and Equality the waiting times for naturalisation applications. [10038/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

In general, it takes 6 months for a fully completed standard application to be processed from the date it is received to the date a decision is made. The nature of the naturalisation process is such that, for a broad range of reasons, some cases can take longer than others to process.

The INIS Service Improvement Plan 2018-2020 commits the Irish Naturalisation and Immigration Service (INIS) of my Department to significant investment in technological developments including the roll-out of online forms and payments for citizenship applications. Such developments are expected to deliver significant improvements to customer experiences.

Processing timescales can be impacted due to incomplete applications having to be returned, further documentation being required from the applicant, or where payment of the required certificate fee is awaited, or the applicant has not been engaging with INIS. In certain instances delays can arise at the final stage of the naturalisation process, for example, where additional information comes to light which requires to be considered. In other instances the applicant themselves may request that a hold be put on their application.

The final stage requires the applicant to attend at a citizenship ceremony. Citizenship ceremony days take place periodically throughout the year, at which up to 3,000 candidates for citizenship make their declaration of fidelity to the Irish nation and loyalty to the State, give an undertaking to uphold the laws of the State and to respect its democratic values and receive their certificate of naturalisation. The date a decision is made on an application in relation to when the next available ceremony is due to take place can also impact on the length of time between the submission of the application and the applicant becoming an Irish citizen.

INIS devotes a considerable resources to the processing of these cases. It also operates a dedicated phone helpline and email helpdesk available for all applicants interested in the progress of their application, details of which are available on the INIS website at www.inis.gov.ie.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union as well as international level. It is therefore important that appropriate procedures are in place to ensure that the integrity of the regime for granting Irish citizenship through the naturalisation process is held in high regard both at home and internationally.

Road Traffic Legislation

Ceisteanna (99, 100)

Peadar Tóibín

Ceist:

99. Deputy Peadar Tóibín asked the Minister for Justice and Equality if An Garda Síochána treats the drivers of all cars the same, be they Irish registered cars or foreign registered cars, during roadside check points in practice; and if he will make a statement on the matter. [10042/19]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

100. Deputy Peadar Tóibín asked the Minister for Justice and Equality if An Garda Síochána checks for alcohol, tax, insurance and road worthiness in all cases irrespective of the registration of the cars; and if he will make a statement on the matter. [10043/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 99 and 100 together.

The Deputy ill appreciate that I, as Minister for Justice and Equality, have no direct role in the enforcement of road traffic legislation, which is an operational matter for An Garda Síochána.

To be of assistance, I have forwarded your queries on roadside checks to An Garda Síochána and will respond to you directly on receipt of a response.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Questions Nos. 99 and 100 of 28 February 2019 wherein the Deputy asked a number of questions regarding driver and vehicle checks, performed by An Garda Síochána, and whether procedures varied depending on the vehicle’s country of registration. The Deputy may recall I had sought information from An Garda Síochána, and I am informed of the following.
During roadside check points, An Garda Síochána treat the drivers of all vehicles in the same manner, regardless of country of registration.
When Irish-registered or foreign-registered vehicles are intercepted, the name and address details are obtained and if an offence is detected a member of An Garda Síochána will proceed with the appropriate course of action. In the case of foreign-registered vehicles, the name and address details are obtained and, where appropriate, a fixed charge notice is issued to the driver. Notices have issued to drivers in Northern Ireland, Europe, America and Australia. Where the fines are paid, the corresponding penalty points are applied to the drivers licence record maintained by the Road Safety Authority.
In the case of safety camera detections, the registered number is captured, however, as An Garda Síochána does not have access to a database of foreign-registered owner names and addresses, a fixed charge notice does not issue.
It is important to note that the Garda Code of Ethics sets out standards and commitments that adhere to the principles of fairness and proportionality. In pursuing their public duties Gardaí are required to adhere to the principles of legality and apply the law in a manner that is fair, equitable and appropriate to the particular circumstances of individual cases. Members of An Garda Síochána will perform their duties with fairness, integrity, diligence and impartially, upholding the Constitution and the law and according equal respect to all people.
I hope this information has been of some assistance.

Naturalisation Certificates

Ceisteanna (101)

Bernard Durkan

Ceist:

101. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for citizenship in the case of a person (details supplied); when the application is expected to be finalised; and if he will make a statement on the matter. [10050/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy. This application has entered the final stage of processing and the applicant will be informed of my decision shortly.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Child and Adolescent Mental Health Services

Ceisteanna (102)

James Browne

Ceist:

102. Deputy James Browne asked the Minister for Justice and Equality if funding is provided for organisations offering child and adolescent psychotherapy services in respect of gender and domestic violence; and if he will make a statement on the matter. [10051/19]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate the provision of state funded psychotherapy services to children and adolescents is primarily a matter which comes under the remit of the HSE and my colleague, the Minister for Health, Simon Harris T.D.

In terms of my own Department's funding provision in this regard, the Victims of Crime Office is providing funding to two organisations offering services to child and adolescent victims of crime, which can include victims of gender and domestic violence.

Funding of €38,000 is being provided in 2019 to Barnardos to support their therapeutic services with children and families who are bereaved through homicide, manslaughter or road traffic accidents. In addition, funding of €17,000 is being provided to the Beacon of Light Counselling Service in 2019 in supporting the cost of counselling services to victims of crime, a proportion of which would include providing services for child victims of crime.

Refugee Data

Ceisteanna (103)

Eoin Ó Broin

Ceist:

103. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the number of adults and children residing at a centre (details supplied) in Dublin 22; the number of households; the number of persons by status, that is, in the asylum process, with refugee status, with leave to remain and with international protection; if the tendering process for direct provision services within a 40km of Newbridge, County Kildare has concluded; and the effect the outcome of the process will have for the future of the centre after June 2019. [10094/19]

Amharc ar fhreagra

Freagraí scríofa

The statistical information requested by the Deputy is available in the table.

Total number of persons:

Total number of households:

Total number of Adults:

Total number of Children:

Total number with status/permission to remain:

Total number in the International Protection Process:

245

152

167

78

70

175

In relation to the information the Deputy requires on the procurement process for premises within 40km of Newbridge, County Kildare, the assessment phase has concluded and the standstill period has expired. Those bidders who have been ranked on the framework have been formally invited to join the framework from which contracts will be drawn down. Following confirmation that the bidders have accepted the invitation to join the framework, the locations of those successful premises will be confirmed. Pending the conclusion to this process, it is premature to speculate on the outcome of the process on the Towers Accommodation Centre after June 2019.

Closed-Circuit Television Systems

Ceisteanna (104)

Robert Troy

Ceist:

104. Deputy Robert Troy asked the Minister for Justice and Equality if research has been carried out into the possibility of allowing county councils to become data controllers for community CCTV schemes nationally; and his views on whether this would resolve issues surrounding data protection which is limiting the involvement of a number of communities. [10108/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy may wish to be aware that all community CCTV schemes are governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the authorisation of the Garda Commissioner, and

- have the prior support of the relevant local authority, which must also act as data controller.

This is the legal basis for all community CCTV schemes, regardless of how they are funded.

In accordance with this legal framework, I understand that the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes. This has been the case either in the course of the current grant-aid scheme administered by my Department, in connection with the previous grant-aid scheme operated by Pobal on behalf of the Department, or schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency that the total number of local authorities which have undertaken the role of data controller for these purposes amounts to 28 out of the 31 local authorities nationwide.

The Deputy may also wish to be aware that on 29 November 2018 the Data Protection Commission issued a note (available on its website www.dataprotection.ie) confirming that there is a legal basis for community based CCTV and that the General Data Protection Regulation does not introduce new barriers in that regard. In particular, the DPC confirmed that: “Data protection legislation does not stand in the way of the roll-out of Community-based CCTV schemes that have been authorised by the Garda Commissioner. Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”

I understand that the Data Protection Commission is currently conducting an audit of the practice, operation and governance of CCTV as part of a wider inquiry into surveillance through the use of technologies for law enforcement purposes. We expect the findings from the CCTV module of this process to be of assistance to all concerned and in particular to local authorities.

As the Deputy will be aware, the Programme for a Partnership Government commits to supporting investment in CCTV systems. A grant-aid scheme is administered by my Department to support groups wishing to install CCTV systems in their localities. Under the scheme, eligible groups including community groups and local authorities can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000 per scheme.

I am keen to ensure that all interested groups have the opportunity to avail of the grant aid in question. If the Deputy is aware of any interested groups, I would encourage them to review the details of the grant aid package, available on my Department's website www.justice.ie or to make contact with my officials through the direct access email address communitycctv@justice.ie for further assistance.

Garda Vetting

Ceisteanna (105)

Eoin Ó Broin

Ceist:

105. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if his attention has been drawn to the fact that the Garda vetting section is now taking up to four months to approve applications from local authorities for the vetting of tenants prior to applicants moving into new council properties; if additional resources will be provided to the vetting section to ensure speedy processing of all vetting applications; his views on the fact that these delays are extending the period some households remain in emergency accommodation; and if he will make a statement on the matter. [10115/19]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities on the matter raised by the Deputy and I will be in contact with the Deputy directly when the report is to hand.

Residency Permits

Ceisteanna (106)

Bernard Durkan

Ceist:

106. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an extension of time will be provided to facilitate the assembly of the necessary documentation in the case of a person (details supplied); and if he will make a statement on the matter. [10190/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to reside the State on Stamp 1 conditions on 6 November 2018.

I am further advised that INIS has no record of a request from the person concerned in relation to extension of this permission. I understand that it is open to the person concerned to write to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 setting out the reason for seeking such an extension and a decision will issue in due course.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Ceisteanna (107)

Bernard Durkan

Ceist:

107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if residency status to facilitate access to education will be awarded in the case of a person (details supplied); and if he will make a statement on the matter. [10191/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it wrote to the person concerned on 25 February 2019 seeking further information and documentary evidence in respect of a request for permission to remain in this State. The matter will be given detailed consideration by INIS upon receipt of a response from the individual concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Ceisteanna (108)

Bernard Durkan

Ceist:

108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if persons (details supplied) are referred to the international protection regime in view of the fact that their residency in the system pre-dates the regime; and if he will make a statement on the matter. [10192/19]

Amharc ar fhreagra

Freagraí scríofa

I refer to the Deputy's query in relation to a person who is referred to the international protection system where their residency in the State pre-dates the protection regime. I am assuming that the Deputy is referring to the commencement of the International Protection Act 2015 on 31 December 2016.

The International Protection Act 2015 set out in detail under section 70 the various transitional arrangements that apply to those persons who had existing applications for refugee/ subsidiary protection status under the old protection system and the provisions of the Refugee Act 1996 (as amended). Persons whose applications for refugee status were considered and completed under the Refugee Act 1996 were not transferred under the transitional provisions of the new International Protection Act that commenced on 31 December 2016. Persons who were residing in the State prior to the commencement of the International Protection Act 2015 and had not applied for international protection prior to the commencement date would have had their application considered under the new protection system.

Further detail on the transitional provisions that apply to those who have existing applications under the old protection system is set out in the 'Information Note on Transitional Arrangements (IPO 12)' which is available on the website of the International Protection Office (IPO) - www.ipo.gov.ie.

Asylum Applications Data

Ceisteanna (109)

Bernard Durkan

Ceist:

109. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of applications for asylum received under the offices of the international protection arrangement since its inauguration; the number approved, refused or pending, respectively; and if he will make a statement on the matter. [10193/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the International Protection Office (IPO) that there were a total of 7,011 applications for international protection made in the State since the commencement of the International Protection Act 2015 on 31st December 2016 (the date on which the IPO was established). I should add that the office also assumed responsibility for some 3,500 cases on that date arising from the transitional arrangements set-out in the Act.

Since the commencement of the International Protection Act 2015 there have been a total of 1,872 decisions granting international protection (both refugee and subsidiary protection status) to protection applicants issued by the Ministerial Decisions Unit of my Department. There were a total of 1,069 decisions refusing international protection (refugee and subsidiary protection status) in the same period. The volume of applications processed by the International Protection Office has been increasing following an initial establishment and training period and through the allocation of additional resources.

There were a total of 5,758 international protection applications on hand with the IPO as at 1st February 2019 at various stages of the process. A significant number have not returned their completed questionnaire and are being followed up separately. The IPO have informed me that there are just over 1,000 applicants who are waiting to have their interviews scheduled at this stage. The overall figures must be viewed in the context of large numbers of new applicants entering the system over the past 18 months with almost 750 new applications received to date this year alone.

Barr
Roinn