Written Answers Nos. 312-323
312. Deputy Christopher O'Sullivan asked the Minister for Justice and Equality his views on provisions for distilleries that do not have a licence to sell directly to the public to be able to make online sales and keep their business afloat during the Covid-19 pandemic and to support a necessary change in excise regulations to achieve this; and if he will make a statement on the matter. [7812/20]
Amharc ar fhreagraThe position is that excise licences issued by the Revenue Commissioners for the manufacture of intoxicating liquor, including a distiller of spirits licence under the Finance (1909-1910) Act 1910, do not permit retail sales to the public. However, the Intoxicating Liquor (Breweries and Distilleries) Act 2018 contains statutory provisions which allow craft breweries and distilleries to obtain a producer’s retail licence from the Revenue Commissioners which enables then to sell intoxicating liquor manufactured on the premises to persons visiting the premises subject to specified conditions.
Section 1(6) of the Act provides that a licence issued or renewed under the Act shall operate to authorise the sale on the premises to which the licence is attached of intoxicating liquor manufactured on the premises:
(a) between the hours of 10.00 a.m. and 7.00 p.m. each day (other than Christmas Day) for consumption on or off the premises, to persons who have completed a guided tour of the premises, where the licence has been issued on foot of a Circuit Court certificate,
(b) between the hours of 10.00 a.m. and 7.00 p.m. each day (other than Christmas Day) for consumption off the premises, to persons who have completed a guided tour of the premises, where the licence has been issued on foot of a District Court certificate, or
(c) between the hours of—
(i) 10.00 a.m. and 7.00 p.m. each day (other than Christmas Day) or a day to which subparagraph (ii) applies, and
(ii) 12. 30 p.m. and 7. 00 p.m. on a Sunday, other than a Christmas Day which falls on a Sunday, and St. Patrick’s Day, for consumption off the premises, to persons who have not completed a guided tour of the premises, irrespective of whether the licence has been issued on foot of a Circuit Court or a District Court certificate.
It can be seen, therefore, that off-sales to persons who have not completed a guided tour of the premises are permitted subject to conditions under the 2018 Act, in particular the continued availability of facilities for guided tours of the premises.
This information may be of some assistance to craft brewers and distilleries throughout the country who, like many enterprises, are finding it difficult to keep their businesses going during this public health emergency.
313. Deputy Robert Troy asked the Minister for Justice and Equality if he will provide an overview of the exact change needed in personal insolvency legislation due to Covid-19. [8076/20]
Amharc ar fhreagraI refer the Deputy to my most recent PQ answers on this matter.
In my reply to question No. 5.709 of 11 May, to Deputy Michael McGrath, I indicated that my officials are considering certain specific formal or procedural statutory requirements which may be difficult or impracticable to comply with, due to COVID-19 restrictions, including a small number of requirements under the Personal Insolvency Acts, so that any necessary amendments could be addressed in an urgent forthcoming Bill. I also indicated that those changes are in addition to the changes which may be proposed under the statutory review of the Personal Insolvency Acts, due to report later this year.
In response to another parliamentary question, no. 369, on this issue, put to me by Deputy Éamon Ó Cuív on 13 May 2020, and most recently, parliamentary question, no. 486, on this issue, again from Deputy Michael McGrath on 20 May 2020. I provided detailed answers regarding the changes which are under consideration, arising from the statutory review.
It is not possible at this stage to provide further details on the exact changes to be included in the forthcoming COVID-related Bill, as these have not been finalised at this point in time nor have they been approved by Government.
317. Deputy Gary Gannon asked the Minister for Justice and Equality if a commercial rent relief scheme will be initiated such as has been introduced in the UK, France, Australia, Denmark and Canada (details supplied). [8227/20]
Amharc ar fhreagraThe Government has introduced a broad range of measures and supports to respond to the needs of businesses that are experiencing difficulties due to the COVID-19 pandemic. In particular I am strongly supportive of the efforts being made by the Minister for Business, Enterprise and Innovation to assist businesses.
Where commercial rents are concerned, this area of the law is very complex and characterized by a multiplicity of contractual arrangements that reflect the diversity of the landlord and tenant relationship in the commercial sphere. I urge all parties to commercial leases to show forbearance and understanding during this very difficult time.
318. Deputy Holly Cairns asked the Minister for Justice and Equality his views on enabling affidavits to be completed remotely to facilitate the Courts services operating as long as Covid-19 social distancing restrictions remain in place. [7055/20]
Amharc ar fhreagra333. Deputy Brendan Howlin asked the Minister for Justice and Equality if his attention has been drawn to concerns among legal practitioners regarding the taking of affidavits; if affidavits must be taken in person in view of the fact this presents real difficulties during the current Covid-19 pandemic; his plans to relax the requirement for person to person contact in the taking of affidavits; and if he will make a statement on the matter. [7260/20]
Amharc ar fhreagra373. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality his plans to expedite the introduction of the part of the Courts and Civil Law (Miscellaneous Provisions) Bill 2017 that relates to statements of truth, as outlined under head 12 of the general scheme of the Bill as published, in view of the urgency of facilitating continued business without compromising the health and safety of persons in view of the recent Covid-19 pandemic and the need for the possibility to make and take such statements remotely using modern technology; and if he will make a statement on the matter. [8136/20]
Amharc ar fhreagraI propose to take Questions Nos. 318, 333 and 373 together.
I am aware that concerns have been raised about the requirement for affidavits to be signed and witnessed in person in the context of the current Covid-19 public health emergency. I also appreciate that the current pandemic is an anxious and challenging time for many people and organisations.
The position is, however, that there are statutory provisions that refer to the taking of affidavits, including section 5 of the Commissioners for Oaths Act 1889 and section 72 of the Solicitors (Amendment) Act 1994. Furthermore, rules and procedures for the taking of affidavits are set out in Order 40 Rule 5 of the Superior Courts Rules, Order 25 Rule 1 of the Circuit Court Rules and Order 50 Rule 2 of the District Court Rules. Legislative changes would be required before changes in those procedures and rules could be brought about and only following careful consideration.
The Government approved drafting of the Courts and Civil Law (Miscellaneous Provisions) Bill 2020 in January last. It contains proposals to amend a number of courts-related Acts, including proposals for electronic submission and lodgement of documents and for a statement of truth mechanism. The Bill is being drafted at present. In addition, my Department is currently examining statutory reforms in order to respond to the new challenges and address various issues connected to the legal process arising in the context of the current Covid-19 pandemic.
It remains the case, however, that providers of legal services, like many businesses and organisations throughout the country that need to engage directly with the public must do so in compliance with public health guidelines. The Health and Safety Authority, the Health Service Executive (HSE), the Department of Health, and the Department of Business Enterprise and Innovation have published extensive information on working safely during the current health emergency. The Department of Business Enterprise and Innovation have also established a helpline to support and advise businesses in adapting to the current challenges.
I appreciate that these are difficult times for everyone and I would like to acknowledge the commitment, flexibility and innovation demonstrated by all involved in safely delivering continuity of access to justice during the current public health emergency.
319. Deputy Holly Cairns asked the Minister for Justice and Equality his views on extending the temporary extension of immigration permissions from 20 May to 20 August 2020; and if he will make a statement on the matter. [7056/20]
Amharc ar fhreagra330. Deputy Bríd Smith asked the Minister for Justice and Equality the impact on applicants that need or seek a new or renewed visa application after 20 May 2020; and if he will make a statement on the matter. [7197/20]
Amharc ar fhreagraI propose to take Questions Nos. 319 and 330 together.
I can inform the Deputy that in light of the current uncertainties caused by the Coronavirus pandemic, COVID-19, I have announced that immigration permissions, due to expire between 20 May 2020 and 20 July 2020, have been automatically extended for two months.
This includes people in Ireland on short stay visas and those whose permissions have already been extended by the previous notice, which extended permissions between 20 March 2020 and 20 May 2020. The renewal of permission is on the same basis as the existing permission and the same conditions are attached.
Any permission which was renewed by the notice of 20 March 2020 and which therefore has a new expiry date between 20 May and 20 July 2020 is now automatically renewed for a further two months.
For international English language students, this means that they will continue to be able to work if they so wish, but they must also re-enrol in an on-line course of study to adhere to the conditions of their permission. Officials from my Department have engaged with MEI (Marketing English in Ireland), the representative body for the majority of language schools in Ireland. They have confirmed that most colleges are now offering on-line courses, and students should contact their college directly to make any necessary arrangements.
In relation to persons with existing permission under Directive 2004/38/EC (Free Movement Directive), the automatic renewal is subject to the requirement that the person is complying with the requirements of the Directive.
The Registration Office in Burgh Quay and all Registration Offices for non-Dublin residents operated by An Garda Síochána remain temporarily closed due to COVID-19. Consequently, the requirement to present at a registration office to register a new permission or renew a current permission is also temporarily suspended.
The requirement to register an immigration permission, in person, will not arise until the Registration Office Burgh Quay (and other registration offices) re-opens or alternative arrangements are put in place. They will only reopen when it is safe to do so, in line with Government’s Roadmap. As the Deputy will appreciate, high-demand public offices make applying social and physical distancing more difficult.
When the Registration Office reopens, priority will be given to those seeking to register for the first time. Those for first time registration who had appointments cancelled will have their appointments rescheduled automatically. Other appointments will be made available exclusively for other first time applicants.
Additionally, my Department is considering alternative arrangements for renewal of registrations and priority will be given initially to those whose Irish Residence Permit (IRP) card has expired.
Further updates will be provided on the Immigration Service website when available, and I would encourage the Deputy to view our updates on the Immigration Service website at:
http://www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements
A detailed Frequently Asked Questions document on the COVID-19 impact on immigration and international protection can also be found on the website. This document is regularly updated.
320. Deputy Paul Donnelly asked the Minister for Justice and Equality if those currently on extended working holiday authorisation can have their visas extended until the phasing process has been completed; and if they can apply for another temporary work permit in view of Covid-19. [7069/20]
Amharc ar fhreagraOn 13 May 2020, I announced that immigration permissions which expire between 20 May 2020 and 20 July 2020 are automatically renewed for a period of two months. The renewal of permission is on the same basis as the existing permission and the same conditions attach. Working Holiday Authorisations are included in this notice. This extension also applies to those whose permissions have already been extended by the previous notice issued on 20 March 2020.
If normal business has not resumed by the end of that period, a further extension of permission may have to be facilitated. The Immigration Service website will be updated as necessary to reflect the latest positions - http://www.inis.gov.ie/
I should inform the Deputy that Working Holiday Authorisations, work permits and registration of these categories of permission involve three different Departments:
- The Department of Foreign Affairs and Trade (DFAT) who is responsible for the Working Holiday Authorisation (WHA) Scheme, including its administration;
- The Department of Business Enterprise and Innovations (DBEI) with responsibility for the Work Permits Scheme; and
- Immigration Service Delivery (ISD) who are responsible for registrations issued under the above WHA and Work Permits scheme.
It is a condition of the WHA scheme that a successful applicant does not seek to settle in Ireland and will leave after the authorisation period expires. Once outside the State, there is nothing to prevent the person concerned from returning and presenting himself/herself to the Immigration Officer at the port of entry in order to seek permission for the purposes of re-entering the State for a specified period.
Entry into the State is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the person concerned to have all documentation relating to his/her reasons for entering Ireland for presentation to the Immigration Officer to gain entry, i.e. work, study or tourism. The Immigration Officer may grant leave to enter to a maximum period of three months. They may, depending on the documentation presented grant a lesser period that three months.If it is the case that the person concerned wishes to return to the State in a working capacity, it is necessary for a prospective employer to obtain a work permit from DBEI on their behalf prior to taking up employment.
Any queries about changes sought to the WHA scheme, including the issue of transitioning from that scheme to the Work Permit scheme, should be directed to DFAT. The Immigration Service Delivery function of my Department will be guided by DFAT in relation to any changes it wishes to make to its scheme.
321. Deputy Jack Chambers asked the Minister for Justice and Equality if advice can be provided to a person (details supplied) who urgently requires a visa renewal appointment due to extenuating circumstances; and if he will make a statement on the matter. [7080/20]
Amharc ar fhreagraAs the Deputy will appreciate, due to current Government restrictions aimed at slowing the spread of COVID-19 and to ensure customer safety, the Registration Office at Burgh Quay and all local Registration offices are currently closed. The reopening of the offices will be kept under review as the situation develops. Unfortunately, it is not possible to obtain an appointment to renew a registration at this time.
On 13 May, I announced that current valid permissions due to expire between 20 May 2020 and 20 July 2020 are automatically for a period of two months. The renewal of permission is on the same basis as the existing permission and the same conditions attach.
I can inform the Deputy that the permission of the person referred to is due to expire within this time period and therefore has been automatically renewed by the notice for a further two months. The published notice of automatic renewal and the expired IRP card can be relied upon to confirm the permission to remain in the State.
Further updates will be provided on the Immigration Service website when available, and I would encourage the Deputy to view our updates and a detailed Frequently Asked Questions document on the Immigration Service website at:
http://www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements
322. Deputy Sean Sherlock asked the Minister for Justice and Equality if clubs seeking fundraising efforts online will be allowed to do so by local superintendents in the absence of District Court sittings. [7103/20]
Amharc ar fhreagraThe Gaming and Lotteries Act 1956 provides for the regulation of gaming and lottery activity either under permit from An Garda Síochána or under licence from the District Court.
The occasions of gaming and lottery activities which require a permit from An Garda Síochána are set out in sections 6, 7 and 27.
Licences to operate lotteries are granted by the District Court. These lotteries are primarily used by our sports clubs and community organisations to raise funds.
I am not aware that issues have arisen with regard to applications for permits to An Garda Síochána.
The District Court, in the context of the restrictions required under the Covid19 situation, has reduced sittings. However, applicants for new or renewed lottery licences should contact their appropriate District Court Office to ascertain how such licences might be arranged.
The 1956 Act does not preclude the use of online means to promote the gaming or lottery, however, the activity would have to adhere to all requirements of the law.
323. Deputy Catherine Connolly asked the Minister for Justice and Equality the estimated full year cost of recruiting 20 additional full-time probation officers; and if he will make a statement on the matter. [7110/20]
Amharc ar fhreagraAs the Deputy will appreciate, the Probation Service is responsible as lead in the assessment and management of offenders in our communities. It works to reduce offending, create safer communities and fewer victims through offender rehabilitation. It has a national remit with services delivered locally by staff based in 35 community based offices across the country.
I am informed that the salary scales applicable to the Probation Officer grade (post 1995 scale) run from €31,529 to €61,921 and with long service increments up to €66,118.
On the basis of the regular salary scale, I am informed by the Probation Service that the average cost of a Probation Officer salary, with Employers PRSI included, is estimated as approximately €52,000.
On that basis, I am informed that the estimated full year salary cost of recruiting 20 additional full-time Probation Officers would be approximately €1,040,000 annually.
