Written Answers Nos. 120-132
120. Deputy Dara Calleary asked the Minister for Education and Skills the State agencies and bodies under the remit of his Department; the location of each such body by county; and the number of full and part-time persons employed in each such body. [18230/19]
Amharc ar fhreagraFor the Deputy's information, the names and addresses of the 18 State bodies under the remit of my Department are available on my Department's website at the following link: www.education.ie/en/The-Department/Agencies/.
The information sought by the Deputy in regard to staffing in each of the bodies is being collated and I will arrange to have it forwarded to the Deputy as soon as it becomes available.
121. Deputy Martin Heydon asked the Minister for Education and Skills the status of a school building project (details supplied) in County Kildare. [18294/19]
Amharc ar fhreagraThe process of Pre-Qualification of contractors for the project in question is underway. The Pre-qualification process culminates in the compilation of short-lists of suitable candidates for each respective discipline.
The short-list was submitted to my Department for review on January 11th 2019. On January 17th the Department reverted to the Design Team with a number of items to be actioned with regard to finalising the process. An updated report was submitted to my Department on March 22nd 2019 and the Design Team has now been authorised to complete the pre-qualification process.
When the Pre-Qualification process is completed the project will then be progressed to tender stage which normally takes between 7 and 8 months to complete.
122. Deputy Joan Burton asked the Minister for Education and Skills the number of children on waiting lists for autism spectrum disorder or autism classes in primary and post-primary schools in Dublin 15 and nationally; and if he will make a statement on the matter. [18296/19]
Amharc ar fhreagraThe enrolment of a child to a school is a matter, in the first instance, for the parents of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment in schools or keeping waiting lists.
The National Council for Special Education (NCSE) is responsible for planning, coordinating and advising on education provision for children with special educational needs.
The Council ensures that schools in an area can, between them, cater for all children who have been identified as needing special class placements.
It is open to any school to make an application to the NCSE for the establishment of a special class and where sanctioned, there is a range of supports including funding available to the school.
The NCSE is aware of the recent demand for additional special class and special school placements in the north Dublin area.
Planning is actively underway to ensure that all children currently without a suitable placement for next year are provided with a suitable placement. Responsibility for ensuring all children have access to a suitable education is a shared responsibility.
The NCSE is leading the work in this regard with significant support from the Department.
The Council is actively engaging with all schools, school Patrons, parents, NEPS, health professionals and others who are involved in the provision of services for children with special educational needs to ensure that each child has a school placement appropriate to their needs for the 2019/20 school year.
A clearer picture regarding the demand for places will emerge in the coming weeks when Schools have finalised their enrolments.
I am confident that through the work of NCSE and the cooperation of schools and patron bodies we can address current difficulties.
123. Deputy Barry Cowen asked the Minister for Education and Skills the number of persons employed at each level of the Civil Service from Secretary General to cleaner each year since 2016; the number of those at each level that are female in each year since 2016, in tabular form; and if he will make a statement on the matter. [18349/19]
Amharc ar fhreagraMy Department is committed to providing a positive work environment for all of its staff which affords equal opportunities to all and which better reflects the diversity of society as a whole. The information requested by the Deputy is outlined in the following link.
124. Deputy Martin Heydon asked the Minister for Education and Skills when a school (details supplied) will receive an update on progress regarding a new school build; and if he will make a statement on the matter. [18382/19]
Amharc ar fhreagraThe Major Project at the school referred to by the Deputy is at Stage 1 of architectural planning which entails preliminary design of site and location suitability and initial sketch scheme.
A revised Stage 1 submission, including an up to date cost plan, was requested from the Design Team following an increase in the schedule of accommodation to cater for up to 1200 pupils. That submission has been received and a review has been completed with comments for action issued to the School and its Design Team.
A further review has yielded a proposal for an increase in accommodation to a 1300 pupil school, which has been accepted by the school. The Design Team has been instructed to provide an initial sketch scheme for a 1300 pupil school, and submit to the Department for review.
Following this review my Department will then be in contact with the Board of Management of the school with regard to the progression of the project.
This project is included in my Department’s Construction Programme which is being delivered under the National Development Plan.
125. Deputy Kathleen Funchion asked the Minister for Justice and Equality the status of the citizenship of a person (details supplied). [18146/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible. Should further documentation be required it will be requested from the applicant in due course.
As the Deputy will appreciate, 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 level, and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
126. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the way in which an Irish citizen who is in receipt of an invalidity pension can apply for a visa for a spouse from the Philippines in cases in which the marriage took place abroad and they have never resided here. [18093/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a visa required national wishing to come to Ireland to reside with their Irish spouse may apply do so under a number of different options.
The INIS website (www.inis.gov.ie) contains comprehensive guidelines to assist the applicant with the application process in respect of different types of visa applications. It should, however, be noted that the information contained on the website is intended to provide guidance only and does not limit the discretion of the Visa Officer in dealing with individual applications. The onus rests at all times with the applicant to satisfy the Visa Officer that any visa sought should be granted. In that respect, the applicant should provide such documentary evidence as is available to him or her to support the application.
I am further advised that being in receipt of invalidity pension does not preclude a person from being an eligible sponsor. Financial capacity is just one of the considerations when making a determination on a family reunification application. This consideration includes the joint capacity of both the sponsor and the applicant to support the applicant without undue recourse to public funds or resources. As with any visa application, all such applications are considered on their own merits having regard to the information provided and individual circumstances involved.
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.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
127. Deputy Michael Harty asked the Minister for Justice and Equality the number of persons granted a residence card under the European Communities (Free Movement of Persons) Regulations 2006 or the European Communities (Free Movement of Persons) Regulations 2015 on the basis of having been a member of the household of a European Union citizen in the country of origin or country from which they have come to join or accompany the European Union citizen; and if he will make a statement on the matter. [18094/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the following table sets out the number of persons granted a residence card under the European Communities (Free Movement of Persons) Regulations 2015, on the basis of having been a member of the household of an EU citizen in the country of origin or country from which they have come, to join or accompany the EU citizen.
|
Year of Decision |
Grant decisions that Included Reg. 5(1)(a)(ii) - Membership of Household |
|
2016 |
3 |
|
2017 |
8 |
|
2018 |
4 |
|
2019 (up to 15.04.2019) |
0 |
In the case of persons granted a residence card under the European Communities (Free Movement of Persons) Regulations 2006, based on having been a member of the household of an EU citizen in the country of origin or country from which they have come to join or accompany the EU citizen, separate statistics were not maintained in a manner similar to that outlined for the 2015 Regulations above. These specific figures are contained within the overall figure of all EU Treaty Rights grant decision cases, processed from 2007 onwards for each year.
To extract the exact number of grants for the category requested by the Deputy from 2007 to 2015 would involve the use of a disproportionate amount of staff resources and time, that would adversely impact on the work of the office.
However, based on the trend outlined in the figures above, it is not unreasonable to conclude that the number of cases granted under the 2006 Regulations based on the membership of a household criteria, for each year, are of a similar scale to the information provided above.
128. Deputy Pearse Doherty asked the Minister for Justice and Equality the penalties that can be imposed on a company for falsely informing clients that a data breach of their personal data had been reported to the Data Protection Commissioner when it had not been reported at the time; and if he will make a statement on the matter. [18105/19]
Amharc ar fhreagraI am advised that Article 33 of the General Data Protection Regulation (GDPR) imposes an obligation on data controllers to notify a personal data breach to the Data Protection Commission without undue delay and, where feasible, not later than 72 hours after having become aware of it unless the breach is unlikely to result in a risk to the rights and freedoms of individuals. The notification should include a description of the breach and its likely consequences, as well as the contact details of the data protection officer or other contact point from which additional information may be obtained. The notification should also describe the measures taken, or proposed to be taken, to address the breach and to mitigate possible adverse effects. Moreover, where a personal data breach is likely to result in high risk to the rights and freedoms of individuals, the data controller is required under Article 34 to communicate the breach to the individuals concerned. Article 58.2(e) of the GDPR confers a power on the Data Protection Commission to order a data controller to communicate a personal data breach to data subjects.
Article 83 of the GDPR provides for the imposition of administrative fines on data controllers in the case of infringements of GDPR provisions. Section 141 of the Data Protection Act 2018 provides for the imposition of such fines, which shall be effective, proportionate and dissuasive, by the Data Protection Commission in this jurisdiction.
129. Deputy Micheál Martin asked the Minister for Justice and Equality if complaints by a person (details supplied) of Garda discrimination against Travellers have been received; the actions that were taken to address the complaints; and if he will make a statement on the matter. [18147/19]
Amharc ar fhreagraI can confirm to the Deputy that correspondence from the person referred to in the Deputy's question was received by my Department on 9 April 2019.
The contents of this correspondence, including specific allegations contained therein, are currently being examined with a view to determining the appropriate action which should be taken. I am also consulting with the Garda Commissioner on the matter.
I will respond directly to person when I have ascertained all the relevant facts.
In the meantime let me say to the House that the principal of equality for all citizens is a fundamental principal of our Constitution and our law. It is also a central part of the training for An Garda Síochána that all persons, no matter what their cultural, religious or ethnic background are treated equally. The Garda Code of Ethics, issued by the Policing Authority, states clearly that policing services must be provided impartially. The Code states that Gardaí will treat everyone with fairness and without discrimination. It is incumbent on all members of An Garda Síochána to abide by the Code as they go about their work.
130. Deputy Mick Wallace asked the Minister for Justice and Equality his plans to appoint additional commissioners to the Data Protection Commission as provided for in section 15(1) of the Data Protection Act 2018 in view of the large workload increases for the commission in terms of enforcement, investigation and supervision post the general data protection regulation; and if he will make a statement on the matter. [18148/19]
Amharc ar fhreagraAs I stated when introducing the Data Protection Bill in the Dáil and Seanad last year, the provisions concerning the appointment of additional members of the Data Protection Commission (DPC) are a future-proofing provision to allow, should the need arise, for such appointments. I have no plans at present to make such appointments and intend to keep this matter under on-going review.
Insofar as the increased workload of the DPC following the entry into force of the GDPR is concerned, staffing levels in the DPC have been increased in response: 25 new staff had joined the DPC by the end of December 2018 over the previous year, with further new staff members joining to date in 2019. This has brought the overall staffing level to more than 130, with the possibility of up to 30 additional staff members being recruited during 2019. The significant increase in staffing levels within the DPC has facilitated increased supervision, enforcement and investigation activity across both the public and private sectors.
The Government is committed to keeping the resourcing of the DPC under on-going review. My Department will continue to monitor the impact of implementation of the GPDR, the impact of any possible future regulatory changes as well as any changes within industry, in conjunction with the DPC, to ensure that the DPC continues to have the resources required to fulfil its important, statutory objectives.
131. Deputy Dessie Ellis asked the Minister for Justice and Equality the number and dates of fire safety inspections that have been carried out at a centre (details supplied) from 2018 to date; the results of the inspections if they were carried out; if not, the reason such inspections were not carried out; and if he will make a statement on the matter. [18154/19]
Amharc ar fhreagraThe Reception Centre at Balseskin, Co. Dublin operates as a reception facility for persons who have entered the state seeking international protection. It is subject to unannounced inspection by both staff from the Reception and Integration Agency and the Department's external inspectorate QTS Limited. The inspection contains examination of the following fire safety specific items:
- Emergency Lighting Inspection Schedule
- Fire Alarm and Detection System Inspection Schedule
- Fire Fighting Equipment Inspection Schedule
- Fire Exit Doors Inspections
- Fire Drill Procedure
- That staff have received relevant instruction and training re fire safety
- Fire Assembly Points
- Fire Alarm System Inspection
- Clearly marked fire exits, emergency lighting, smoke alarms and fire notices
- Inspection of each individual bedrooms for smoke alarms, fire notices and check for any potential fire hazards.
Balseskin was inspected twice in 2018, once in June by QTS Limited and once in October by RIA Staff. The only issues identified by QTS were the presence of rice cookers in 3 bedrooms and a smoke alarm that was covered in one bedroom.
The contractor was informed of these issues which were subsequently rectified. No fire safety issues were identified during the October inspection.
Balseskin will be inspected a minimum of 3 times during the course of 2019 and any fire safety issues identified will be rectified as a matter of urgency.
132. Deputy John Brassil asked the Minister for Justice and Equality if he will liaise with the respective Departments and accelerate the deployment of closed-circuit television schemes nationally, further to the recent recommendations of the Oireachtas Joint Committee on Justice and Equality report on community policing and rural crime; and if he will make a statement on the matter. [18184/19]
Amharc ar fhreagraThe Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems.
The Deputy referred to the report of the Oireachtas Joint Committee on Justice and Equality on Community Policing and Rural Crime, published on 28 March this year. The report contains 20 recommendations, a number of which reflect the recommendations made by the Commission on the Future of Policing with respect to establishing effective multi-disciplinary approaches to community policing. A recommendation is also included in relation to community CCTV.
Community CCTV is 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. These key legal requirements have not changed since 2006.
The Programme for a Partnership Government commits to supporting investment in CCTV systems. In furtherance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. 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 total of €40,000.
In terms of the responsibility for data in the context of community CCTV, as referred to in the Joint Committee's report, I can confirm that in establishing the grant-aid scheme, the Department consulted broadly, including with the Office of the Data Protection Commission, An Garda Síochána, the Office of the Attorney General and the Local Government Management Agency (LGMA). 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 (GDPR) does not introduce new barriers in that regard. In particular, the Office in its note 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.”
There have to date been 28 applications to the scheme. 20 applications have been approved, involving grant aid totalling more than €500,000.
My Department continues to actively engage with all relevant parties, including the LGMA, and keeps all aspects of the scheme under review- indeed the application documentation for grant aid is currently being further streamlined. This ongoing and positive cooperation reflects the reality that all stakeholders have the same objective – safer and more secure communities.
I am keen to ensure that all interested groups, in both rural and urban areas, have the opportunity to take advantage of the availability of the grant aid scheme. If the Deputy is aware of groups wishing to avail of the scheme, further details are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups through a dedicated email address communitycctv@justice.ie.
