Written Answers Nos. 408-432
408. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality if extended maternity leave will be granted to mothers due to go back to work during the Covid-19 lockdown; and if he will make a statement on the matter. [5717/20]
Amharc ar fhreagra409. Deputy Sean Sherlock asked the Minister for Justice and Equality if his attention has been drawn to plans to extend maternity benefit due to complications in securing childcare due to Covid-19. [5725/20]
Amharc ar fhreagra410. Deputy Niamh Smyth asked the Minister for Justice and Equality if consideration is being given to extend paid maternity leave due to Covid-19; and if he will make a statement on the matter. [5737/20]
Amharc ar fhreagra411. Deputy Darragh O'Brien asked the Minister for Justice and Equality if consideration has been given to extending paid maternity leave due to the impact of the Covid-19 pandemic; and if he will make a statement on the matter. [5752/20]
Amharc ar fhreagra412. Deputy Paul Murphy asked the Minister for Justice and Equality if he will extend maternity leave and maternity benefit by three months from the end of the Covid-19 lockdown restrictions for all persons currently claiming same or those that become eligible for maternity leave and benefit before the lifting of the Covid-19 lockdown restrictions; and if he will make a statement on the matter. [5754/20]
Amharc ar fhreagra413. Deputy Sean Fleming asked the Minister for Justice and Equality if he will consider extending paid maternity leave for an additional three months as a result of the Covid-19 crisis (details supplied); and if he will make a statement on the matter. [5911/20]
Amharc ar fhreagra415. Deputy Niall Collins asked the Minister for Justice and Equality his plans to extend maternity leave as per a request by a person (details supplied); and if he will make a statement on the matter. [6053/20]
Amharc ar fhreagra416. Deputy Denis Naughten asked the Minister for Justice and Equality his plans to extend maternity leave for those currently availing of same in view of Covid-19 restrictions regarding childcare; and if he will make a statement on the matter. [6106/20]
Amharc ar fhreagra417. Deputy Gino Kenny asked the Minister for Justice and Equality if he will consider extending maternity leave and or maternity benefit by three months in response to the closure of childcare facilities as a result of the Covid-19 pandemic in view of the fact that many parents are facing job losses if they have to return to work with no available childcare; and if he will make a statement on the matter. [6222/20]
Amharc ar fhreagra418. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if a reply will issue to correspondence from a person (details supplied); and if he will make a statement on the matter. [6226/20]
Amharc ar fhreagra421. Deputy Norma Foley asked the Minister for Justice and Equality if the potential to extend maternity leave and benefit for those that lost the benefit during the Covid-19 pandemic will be examined. [6269/20]
Amharc ar fhreagra423. Deputy Marian Harkin asked the Minister for Justice and Equality if he is considering plans to extend paid maternity leave during the current Covid-19 crisis; and if not, if he will consider such an extension (details supplied). [6489/20]
Amharc ar fhreagra425. Deputy Marc Ó Cathasaigh asked the Minister for Justice and Equality if he has made provisions for an extension to maternity leave for mothers that are due to return to work after maternity leave but that may be unable to do so due to a lack of appropriate childcare or concerns regarding health and safety in relation to their baby due to the Covid-19 crisis; and if he will make a statement on the matter. [6916/20]
Amharc ar fhreagra426. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if maternity benefit will be extended for those that have had children born between January and March 2020 by three months in the interest of the healthy development of the children that have spent their first months amidst the Covid-19 restrictions; and if he will make a statement on the matter. [7013/20]
Amharc ar fhreagra445. Deputy Frankie Feighan asked the Minister for Justice and Equality his plans to extend the period of allowed unpaid maternity leave to new mothers that are currently off work and are now on leave due to Covid-19. [6129/20]
Amharc ar fhreagraI propose to take Questions Nos. 408 to 413, inclusive, 415 to 418, inclusive, 421, 423, 425, 426 and 445 together.
I am conscious of demands on parents at this time and hope that the additional measures to support working parents that I have introduced in recent years, including the new parent’s leave scheme and an extension of parental leave, are helping to ease some of these demands. These matters are being examined by Government.
As the law now stands, a mother is entitled to this leave irrespective of the duration of her current employment. The mother can take maternity leave from casual or part-time employment. She can take up to 26 weeks of paid maternity leave, and up to a further 16 weeks of unpaid leave. Two weeks must be taken before the baby is due, and at least four weeks must be taken after the birth. As Minister of State for Justice and Equality, the legislation that governs the provision of maternity leave is my responsibility. The provision of maternity benefit is under the remit of the Minister for Employment Affairs and Social Protection.
In addition to maternity leave, each parent may also avail of two weeks of parent’s leave during the first year of a child’s life and may qualify for parent’s benefit during this period.
Parental leave is also available which entitles parents to take unpaid leave from work to spend time looking after their children. Parents can take up to 22 weeks of parental leave for each eligible child before their 12th birthday.
414. Deputy Michael Moynihan asked the Minister for Justice and Equality the supports or grants available to small business owners with disabilities whose specific needs dictate they need to employ persons to enable them to carry out their work; and if he will make a statement on the matter. [5980/20]
Amharc ar fhreagraThe Deputy will be aware that the Department of Justice and Equality has a co-ordination role in relation to disability issues. In this regard, it oversees the implementation of the National Disability Inclusion Strategy (NDIS) 2017 – 2021 and the Comprehensive Employment Strategy (CES) 2015 - 2024.
The NDIS is the key framework for policy and action to address the needs of people with disabilities while the CES sets out a ten-year approach to ensuring that people with disabilities who are able to, and want to work, are supported and enabled to do so. The CES Implementation Group, which monitors the implementation of the Strategy, has an independent chair, Mr. Fergus Finlay, and is co-ordinated by the Department of Justice and Equality.
The second Action Plan (2019 – 2021) for the CES, published in December 2019, provides a focus for the work of the Implementation Group for the next period in the lifetime of the Strategy and sets clear deliverables and milestones for each action so that implementation can be monitored by the Implementation Group. The Government regards the new plan as a vital building block in the overall implementation of the Strategy.
Accessing and staying in employment for people with disabilities is difficult but can be achieved with appropriate supports. It requires many Government services to work for that individual and importantly to work together to provide a joined-up service. If the Action Plan can make improvements in the area of employment it can lead to improvements across all areas.
The Department does not provide grants to businesses but the Department of Employment Affairs and Social Protection does offer a number of workplace supports schemes for people with disabilities and their employers or prospective employers, including the Reasonable Accommodation Fund (which offers a workplace equipment/adaptation grant, an employee retention grant and a personal reader grant) and the Wage Subsidy Scheme.
More information is available at this link: https://www.citizensinformation.ie/en/employment/employment_and_disability/
419. Deputy Seán Haughey asked the Minister for Justice and Equality the steps that have been taken at EU level to protect migrants and asylum seekers from an outbreak of Covid-19, including those living in overcrowded reception centres; and if he will make a statement on the matter. [6264/20]
Amharc ar fhreagraAs the Deputy will appreciate, it is the responsibility of each individual Member State of the EU to address the challenges in their own state regarding the impacts of Covid-19 on persons resident in their state, including applicants for International Protection and other migrants.
In order to support Member States and to help protect migrants and asylum seekers during the Covid-19 pandemic, the European Commission has prepared a formal guidance document called ‘Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement” with the support of the European Asylum Support Office (EASO) and the European Border and Coast Guard Agency (Frontex). This was formally adopted by Member States on 16 April 2020 and it illustrates how to ensure continuity of procedures as much as possible while fully ensuring the protection of people’s health, given the healthcare measures introduced by Member States.
The Commission advices are that in order to prevent and contain the spread of Covid-19, public health measures such as medical screening, social distancing, quarantine and isolation should be applied as necessary for third-country nationals, including applicants for international protection, resettled persons or third-country nationals illegally staying in the Union provided that these measures are reasonable, proportionate and non-discriminatory.
In line with the EU Commission guidance I can assure the Deputy that my Department continues to follow HSE and Public Health guidelines in relation to measures taken to prevent the spread of Covid-19 within our Direct Provision accommodation system and our international protection system generally. We will continue to follow the Commission’s guidance as regards asylum measures in the context of the pandemic as appropriate to Ireland. For example, Ireland continues to accept new asylum applications as normal as per the EU advices.
As regards our Direct Provision system, together with the HSE, we have put in place a range of measures in all of the Department’s Accommodation Centres to address any cases of Covid-19 if or when they arise. This includes provision for self-isolation facilities in Centres and a number of offsite self-isolation centres around the State. In all matters related to the Covid-19 pandemic, we work collaboratively with the HSE to implement their public health advice.
We are carefully following the guidelines for our centres that have been published by the HSE’s Health Protection Surveillance Centre. These are publicly available at: https://www.hpsc.ie/a-z/respiratory/coronavirus/novelcoronavirus/guidance/vulnerablegroupsguidance/COVID-19-Guidance-for-vulnerable-groups-settings.pdf.
That guidance exists precisely because it is recognised that congregated settings such as Direct Provision centres present specific challenges in this pandemic.
In partnership with the HSE and Safetynet, my Department has put in place a national clinical telephone service to provide public health advice to support centre staff. It is also being used to advise, support and work with locations where vulnerable groups are present relating to the implementation of COVID-19 guidelines and measures.
The established procedure across all centres where a person is suspected of having the virus or is confirmed as having the virus, is that, where advised by Public Health, they are moved to a dedicated offsite self-isolation facility. Supports are available for the duration of their period of isolation until such time as the HSE considers that they can safely return to their centre. We have opened four dedicated self-isolation facilities (with capacity for 299 people) in Dublin, Cork, Limerick and Dundalk. Residents in these facilities have their own bedroom and their own bathroom.
Since the start of the year over 1,550 permanent and temporary Direct Provision bed spaces have been procured, including the dedicated new centres opened in Rosslare Harbour, Caherciveen and Tullamore.
We have relocated over 600 residents to support social and physical distancing in centres and cocooning measures for the most vulnerable. By doing this, we have ensured that no more than three single people are sharing a room in any centre. We intend to continue this policy when the crisis is over.
The vast majority of the rooms in the new accommodation being used to support social and physical distancing are twin rooms accommodating two people. If any person is being accommodated in these locations based on an identified vulnerability (age or medical condition), they have their own bedroom and their own bathroom to facilitate their cocooning.
We have cocooned all residents over the age of 65 and anyone advised to the Department as having a serious medical illness.
In addition to the formal guidance provided by the EU Commission, the European Asylum Support Office (EASO), will continue to assess how the Covid-19 pandemic affects asylum services within Member States. The EASO will provide support and advice as necessary to all Member States (including Ireland) including the ongoing provision of training and professional development through their Training and Professional Development Centre.
The European Communities (Reception Conditions) Regulations 2018 transposed the EU Reception Conditions Directive into Irish law. Under the whole-of-Government approach, a number of Government Departments and agencies work closely together to ensure the necessary supports and services are provided to our residents. You can be assured, in these unprecedented times, that my Department will, in conjunction with all other responsible Departments and Agencies, continue to provide such services to the best of our abilities in line with the provisions of the Directive.
420. Deputy Ged Nash asked the Minister for Justice and Equality his plans to fulfil the public commitment made on 17 January 2020 to establish a taskforce in Drogheda, County Louth in the wake of the killing of a person (details supplied); and the details of progress made on the establishment of such a taskforce. [6267/20]
Amharc ar fhreagraAs the Deputy will be aware, both the Taoiseach and I have visited Drogheda on a number of occasions to meet with Gardaí involved in tackling the ongoing and highly volatile feud as referred to. I have also been regularly briefed by the Commissioner on the matter.
I can assure the Deputy that Gardaí are dedicated to tackling gang-related violence in Drogheda and ensuring the safety of all citizens in the community and the wider area. There is a dedicated policing operation in place, Operation Stratus, which specifically targets the ongoing feud. This includes high visibility patrols and checkpoints, days of action and covert policing initiatives targeting specific individuals.
In addition, Garda resources in the region have been increased significantly. I understand from the Garda authorities that there are 158 Gardaí assigned to the Drogheda District at the end of April 2020, representing a 49% increase compared to the end of 2015. There are now also 19 Garda staff, an increase of 73% in the same time period. Taken together, this increase in the Garda workforce represents a very significant increase in operational policing hours in Drogheda. In addition, these are supported and supplemented by personnel from the Regional Armed Support Unit, Divisional Detective, Drugs and Crime Units as well as Divisional Roads Policing Units as required. Liaison is ongoing with relevant stakeholders, including the Local Authorities, Tusla and the HSE.
I further note that a key principle arising from the report of the Commission on the Future of Policing is that policing is not the responsibility of the police alone, but also involves other agencies of Government, such as health or social services, as well as other sectors of society. This principle is at the centre of a new policy on community safety which is being developed in my Department. The policy, which will be given a statutory basis in the new Policing and Community Safety Bill, proposes to establish and support a system of community safety at local level across the country. Through cross-sectoral collaboration, and by drawing on the available services, these systems will be best placed to identify, support and implement, community safety according to the needs of the local community.
In the meantime, officials in my Department are examining how the community in Drogheda can be better supported in the more immediate future including through engagement with the local authority who I know have been very active in delivering on actions to support local communities affected by the increase in violence. If it would be of assistance, officials in my Department are available to meet with the Deputy to further discuss the situation in Drogheda and the possible responses and, if you agree, I can have that meeting arranged. The further advancement of the specific commitment referred to by the Deputy is a matter for the next Government.
Finally I can reassure the Deputy that my Department and An Garda Síochána keep all criminal legislation under continuous review and that unprecedented resources are being provided to An Garda Síochána to help them address the challenge of gangland activities and other forms of criminality in the State - the Garda budget for 2020 amounts to €1.88 billion.
422. Deputy Joan Collins asked the Minister for Justice and Equality the nationalities which refused to give details of the locations they would quarantine for the 14 day period as reported recently at airports here. [6339/20]
Amharc ar fhreagraI can inform the Deputy that Border Management Unit Immigration Officers at Dublin Airport, on behalf of the Health Authorities, commenced recording Passenger Locator Forms on 28 April 2020.
The table below provides the nationalities of individuals who refused to complete a Passenger Locator Form when entering the State at Dublin Airport between 30 April 2020 and 13 May 2020.
Between 30 April 2020 and 13 May 2020, a total of 55 passengers refused to complete the form, 20 of whom were in transit to locations outside the State. This represents less than 1 percent of all incoming passengers in that period.
424. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the number of persons contacted within 14 days following their arrival in Ireland as part of the public health passenger checks; and if he will make a statement on the matter. [6710/20]
Amharc ar fhreagraThe Immigration Service (Border Management Unit) of my Department is currently collecting this public health data on behalf of the HSE, for as long as inward passenger numbers remain at historic lows. Since 28 April 2020, I can confirm for the Deputy that a total of 4,780 persons were contacted within 14 days following their arrival in the State by officials of my Department. These contacts were made as part of public health passenger checks under measures related to the Covid-19 pandemic.
Two calls are made to passengers following their arrival into the State, providing a Public Health Passenger Locator Form is completed. The calls are to confirm that the passenger is still residing at the address they provided on the form and to confirm if the passenger is self-isolating.
Passengers are required to self-isolate for 14 days after they arrive into the State, and this includes Irish Residents.
The first call is made 2 days after the person’s arrival in the State. The second call is made 12 days after their arrival and where the person has indicated that their stay in Ireland would be for more than 12 days.
The table below sets out the number of calls made based on each arrival location and the time period when the calls were made.
|
Location |
Date Range |
Number of 1st Calls |
|
Dublin Airport |
28/04/2020 – 14/05/2020 |
2,830 |
|
Dublin Port |
28/04/2020 – 14/05/2020 |
600 |
|
Rosslare Port |
01/05/2020 – 13/05/2020 |
165 |
|
Cork Airport |
29/04/2020 – 11/05/2020 |
159 |
|
Total 1st Calls |
|
3,754 |
2 nd Calls are made to passengers 12 days after their arrival into the state (where a call is required i.e. they indicated their duration here is more than 12 days)
|
Location |
Date Range |
Number of 2nd Calls |
|
Dublin Airport |
28/04/2020 – 04/05/2020 |
1,026 |
|
Total 2nd Calls |
|
1,026 |
Therefore, the total calls made since 28 April 2020, is 4,780.
427. Deputy Carol Nolan asked the Minister for Justice and Equality if his Department has engaged the use of external consultants from 1 January 2020 to date; the details and costs of such engagements; and if he will make a statement on the matter. [5534/20]
Amharc ar fhreagraI wish to advise the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.
428. Deputy Niall Collins asked the Minister for Justice and Equality the number and rank of members of An Garda Síochána that are suspended from duty by Garda division; and if he will make a statement on the matter. [5571/20]
Amharc ar fhreagraThe Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including personnel/human resources and operational matters. Moreover, disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 and the Garda Síochána (Discipline) Regulations 2007 and are a matter for the Garda Commissioner and not for me as Minister.
In the circumstances, it would not be appropriate for me to comment in detail on internal Garda disciplinary matters.
I have been advised by the Garda authorities that as of 8 May 2020, a total of 46 members of An Garda Síochána were suspended from duty. This consists of 0.3% of the Garda workforce including sworn Garda members and reserve gardaí. It would not be appropriate to provide a breakdown by Garda Division as, given the low numbers involved, there is a risk that individuals might be identifiable.
The following table, furnished to me by the Garda authorities, details the number of members by rank who are suspended from duty, as of 8 May 2020:
|
Rank |
Number Suspended |
|
Sergeant & Above |
6 |
|
Garda |
38 |
|
Reserve Garda |
2 |
|
Total |
46 |
More generally, and as the Deputy may know, a review of Garda disciplinary arrangements, including the complaints process, is in line with the recommendations of the report on the Commission on the Future of Policing. An action in relation to revision of the discipline system is included in "A Policing Service for the Future", the implementation plan for that report. A Discipline Review Steering Committee has been set up to oversee the process.
429. Deputy Niall Collins asked the Minister for Justice and Equality the number and rank of members of An Garda Síochána that are suspended from duty and are also subject to an internal disciplinary process by Garda division; and if he will make a statement on the matter. [5572/20]
Amharc ar fhreagra430. Deputy Niall Collins asked the Minister for Justice and Equality the number and rank of members of An Garda Síochána that are the subject of an internal disciplinary process by Garda division; and if he will make a statement on the matter. [5573/20]
Amharc ar fhreagraI propose to take Questions Nos. 429 and 430 together.
The Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including personnel/human resources and operational matters. Moreover, disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 and the Garda Síochána (Discipline) Regulations 2007 and are a matter for the Garda Commissioner and not for me as Minister.
I have requested a report from the Commissioner in relation to the matter referred to by the Deputy and I will write to him directly when I receive it.
431. Deputy Peter Burke asked the Minister for Justice and Equality the status of a centre (details supplied) under the aegis of his Department; and if he will make a statement on the matter. [5574/20]
Amharc ar fhreagraI want to assure the Deputy that my Department is doing everything it can to protect the health and welfare of residents and staff in our accommodation centres, as well as that of the wider community. My Department is working closely with the HSE in doing so, and while the HSE advice has evolved over time, we have been assured by both it and the Office of the Chief Medical Officer that our approach is appropriate.
All centres, including the Temple Accommodation Centre, are following the guidelines for our centres that have been published by the HSE’s Health Protection Surveillance Centre. These are publicly available at its website www.hpsc.ie .
That guidance exists precisely because it is recognised that congregated settings such as Direct Provision centres present specific challenges in this pandemic.
The Temple Accommodation Centre currently has 54 residents onsite, which is well below its contracted capacity of 125 residents. This reduced capacity is supporting residents to observe social and physical distancing at this time.
Any resident in the centre who has tested positive or is identified as a close contact through the HSE’s contact tracing system, has been moved to a dedicated offsite self-isolation facility. There, supports are available for the duration of their period of isolation until such time as the HSE considers that they can safely return to the centre. We have opened four dedicated self-isolation facilities (with capacity for 299 people) in Dublin, Cork, Limerick and Dundalk. Residents in these facilities have their own bedroom and their own bathroom.
While there are three on-site self-isolation rooms in the Temple Accommodation Centre, I can inform the Deputy that there are no residents self-isolating or cocooning on-site at this time.
Specific arrangements have been put in place in the Temple Accommodation Centre to support social and physical distancing when using the laundry room or the communal kitchen. No more than two people are allowed to use the laundry room at the same time and a rota system has been put in place in the shared kitchen with a limit on the number of persons allowed in the kitchen. All residents have been advised of these measures and there is adequate signage advising of same. Meals are delivered to any person self-isolating or cocooning onsite, however, as I have advised the Deputy, there are no such persons presently in the Temple Accommodation Centre.
During this time, centre managers have also been advised to increase the standard and frequency of cleaning throughout the centres, paying particular attention to communal areas. A regular supply of hand sanitiser for all centres is in place and this is distributed to centres as needed. Other Personal Protective Equipment (PPE) is distributed as needed and in line with HPSC guidelines on its appropriate use in residential settings. In addition to the regular supplies of hand sanitiser, the Temple Accommodation Centre has also received 1,400 face masks, 1,000 medical aprons and 1,000 pairs of latex gloves. These items were distributed to the centre on 21 April 2020.
We have approximately 7,700 residents living in our accommodation centres, of whom approximately 1,500 residents are living in own-door accommodation. While all own door accommodation is fully utilised at this time, it is our practice to prioritise families for such accommodation when it becomes available.
432. Deputy Niall Collins asked the Minister for Justice and Equality the number of persons that had their citizenship and or naturalisation revoked and the reasons for same in each year since 2010; and if he will make a statement on the matter. [5575/20]
Amharc ar fhreagraI can advise the Deputy that the legal basis for revocation of citizenship is set-out in section 19 (1) of the Irish Nationality and Citizenship Act 1956, as amended, which provides that the Minister may revoke a certificate of naturalisation if he is satisfied—
(a) that the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances, or
(b) that the person to whom it was granted has, by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State, or
(c) that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or
(d) that the person to whom it is granted is also, under the law of a country at war with the State, a citizen of that country, or
(e) that the person to whom it is granted has by any voluntary act, other than marriage or entry into a civil partnership, acquired another citizenship.
For the period referred to by the Deputy, a total of five revocations have taken place arising from voluntary revocation or information coming to light regarding identity.
A Committee of Enquiry into Revocations has been established to consider individual cases under the Act and make recommendations to me for final decision.
There have been seven hearings by the Committee of Enquiry into Revocations and seven reports issued for eight applicants since the initial formation of the committee in 2014 and the first hearing in December 2018.
