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Gnáthamharc

Wednesday, 3 Jun 2020

Written Answers Nos. 325-349

Carer's Leave

Ceisteanna (325)

Paul Murphy

Ceist:

325. Deputy Paul Murphy asked the Minister for Justice and Equality if an extension of carer’s leave will be considered for the parents and guardians of children with disabilities who will need additional support transitioning back to school or with special educational needs and violent–challenging behaviour (details supplied) due to the lack of available childcare and the inability of many carers to return to work as a result of the Covid-19 crisis; and if he will make a statement on the matter. [8850/20]

Amharc ar fhreagra

Freagraí scríofa

Section 6 of the Carer's Leave Act 2001 provides that employees with at least one year's continuous service are entitled to take up to 104 weeks of carer's leave. Any such amendments would likely require primary legislation.

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 are helping to ease some of these demands.

For example, from 1 September 2016, under the Paternity Leave and Benefit Act, fathers are entitled to two weeks of paternity leave and benefit. From 1 October 2017, the duration of maternity leave and benefit has been extended in cases where a baby is born prematurely. From 1 November 2019, under the Parent’s Leave and Benefit Act, new parents are entitled to two weeks each of parent’s leave and benefit, to be taken within the first year of a child’s life.  On 1 September 2019, under the Parental Leave (Amendment) Act, unpaid parental leave was increased from 18 weeks to 26 weeks.

Maternity Leave

Ceisteanna (326, 327, 328, 330, 337, 342, 343, 344, 357, 406)

Roderic O'Gorman

Ceist:

326. Deputy Roderic O'Gorman asked the Minister for Justice and Equality if he will consider extending maternity leave and benefit for those women moving onto the unpaid entitlement phase of their maternity leave during the Covid-19 crisis; and if he will make a statement on the matter. [8875/20]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

327. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he is considering extending maternity leave for mothers of newborn babies on a temporary basis in view of the effects of Covid-19 on society in general and particularly on crèches and childcare; and if he will make a statement on the matter. [8948/20]

Amharc ar fhreagra

Richard Boyd Barrett

Ceist:

328. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality his plans to extend maternity leave by three months for those currently on maternity leave; and if he will make a statement on the matter. [9604/20]

Amharc ar fhreagra

Alan Farrell

Ceist:

330. Deputy Alan Farrell asked the Minister for Justice and Equality his plans to extend maternity and paternity leave for parents whose babies were born during the Covid-19 lockdown period that prevented much needed family and community support. [8340/20]

Amharc ar fhreagra

Michael McGrath

Ceist:

337. Deputy Michael McGrath asked the Minister for Justice and Equality if he can extend paid maternity leave and maternity benefit without a change in primary legislation; his plans to make changes in this area; and if he will make a statement on the matter. [8460/20]

Amharc ar fhreagra

Pádraig O'Sullivan

Ceist:

342. Deputy Pádraig O'Sullivan asked the Minister for Justice and Equality if consideration will be given to extending the period of maternity leave for persons whose leave ended during the Covid-19 pandemic in view of the fact that there were issues with those coming off maternity leave specifically with regard to being enrolled on their employers' wage subsidy scheme; and if he will make a statement on the matter. [8507/20]

Amharc ar fhreagra

Marc MacSharry

Ceist:

343. Deputy Marc MacSharry asked the Minister for Justice and Equality if he will consider extending maternity leave and maternity benefit to all those on maternity leave since the outbreak of Covid-19 in view of the restrictions on access to childcare and other services for mothers; and if he will make a statement on the matter. [8522/20]

Amharc ar fhreagra

Colm Burke

Ceist:

344. Deputy Colm Burke asked the Minister for Justice and Equality if consideration has been given to extending the period for maternity leave in order to accommodate those who have been affected by the Covid-19 lockdown; and if he will make a statement on the matter. [8530/20]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

357. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he or his officials have examined the possibility of extending the period of maternity leave permitted in view of the impact the Covid-19 pandemic and restrictions imposed to curtail it is having on new mothers; and if he will make a statement on the matter. [8705/20]

Amharc ar fhreagra

Louise O'Reilly

Ceist:

406. Deputy Louise O'Reilly 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. [9617/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 326 to 328, inclusive, 330, 337, 342 to 344, inclusive, 357 and 406 together.

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 and any such amendment would likely require primary legislation. The provision of maternity benefit is under the remit of the Minister for Employment Affairs and Social Protection. These matters are currently being examined by Government.

As the Deputy will be aware on 29 May the Minister for Finance announced changes to the Wage Subsidy Scheme to accommodate the salaries of parents returning from maternity or adoptive leave. The changes are aimed at individuals who may not have been on the payroll of their employer on 29 February, or been paid in either January or February 2020 and will allow for consistent treatment with other employees.

Minister Donohoe has advised that the amendment will be legislated for later in the year as part of the usual Finance Bill 2020 process, but that in the interim Revenue has agreed that the provision will be implemented from 26 March where applicable. Input from employers is required and relevant employers are therefore encouraged to contact Revenue when the system update is launched so that the process of including the salaries of affected employees may begin as quickly as possible. It is expected the update will be launched on 12 June.

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. 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.

Parental Leave

Ceisteanna (329)

Cormac Devlin

Ceist:

329. Deputy Cormac Devlin asked the Minister for Justice and Equality if he will consider extending adoptive leave to fathers; and if he will make a statement on the matter. [9744/20]

Amharc ar fhreagra

Freagraí scríofa

Section 6 of the Adoptive Leave Act 1995 provides for an entitlement to 24 weeks of paid adoptive leave for an employed adopting mother or a sole male adopter, and an additional 16 weeks of unpaid leave. Currently, adoptive leave is not available to a male same-sex couple where the couple is not married, cohabiting or civil partners, and adopted jointly. The Department of Justice and Equality is in the process of preparing legislation to address this issue and amend adoptive leave entitlement for all new fathers. 

This approach means that considerable amendment is required in the Adoptive Leave Act and to other legislation. The changes will allow all couples to choose who takes adoptive leave. The Department of Justice and Equality and the Office of the Parliamentary Counsel are presently working on this. The Government's approach is that all adopting couples should have the option of selecting the qualifying adopter.

Question No. 330 answered with Question No. 326.

Departmental Staff

Ceisteanna (331)

Jim O'Callaghan

Ceist:

331. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the reason there were no supervised tests in the internal higher executive competition 2020 held in his Department; and the way in which his Department can ensure that the person who was called to interview was the same person who did the unsupervised test. [8364/20]

Amharc ar fhreagra

Freagraí scríofa

Promotion competitions within my Department are subject to the provisions of the Code of Practice for Appointment to Positions within the Civil Service and Public Service, issued by the Commission for Public Service Appointments (CPSA). This requires that competitions run within the Civil Service are fair, transparent and merit-based selection process, in line with its principles and standards.

In January 2020 an internal competition for promotion to Higher Executive Officer was launched by my Department. Candidates were informed in advance that shortlisting would be required to provide a manageable number of candidates for final stage interview and on this occasion computer-based testing was utilised in order to shortlist. Such shortlisting and testing is a common feature of competitions run by the Public Appointments Service and across the Civil Service.

While a supervised recheck of computer-based results is a feature of some competitions, it is not necessarily used in all cases.

There is an expectation that officers of the Department act with utmost integrity at all times. Candidates agreed to complete the assessments themselves without any external assistance, and to participate in the assessment process honestly and fairly. They did so knowing that misrepresenting themselves or their skills could result in disqualification from the process and would be a serious disciplinary matter. Candidates would also have been aware that they may be subject to retesting under supervised conditions at a later stage in the process.

It is open to candidates dissatisfied with any element of a competition to ask for a review under the CPSA Code of Practice, within set timelines. The review process is clearly laid out in both the Code of Practice and in the Competition Booklet issued to candidates.

Student Visas

Ceisteanna (332)

Mick Barry

Ceist:

332. Deputy Mick Barry asked the Minister for Justice and Equality if the period of working entitlement will be extended for non-EEA and Swiss nationals with a student visa on the third level graduate scheme who graduate or have graduated with a degree from a university here in view of the Covid-19 crisis; and if he will make a statement on the matter. [8392/20]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the Third Level Graduate Programme is for graduates with an award at Level 8 or 9 on the National Framework of Qualifications.

Graduates with level 8 awards are granted a 12 month permission to a maximum of 7 years’ student permission overall. Graduates with an award at Level 9 or above who qualify for the programme are granted permission for 24 months to a maximum of 8 years’ student permission overall. There are currently no plans to change these arrangements.

The granting of the Third Level Graduate Programme is for the purpose of seeking graduate level employment and applying for a general employment permit, a critical skills employment permit or research hosting agreement. Graduates with an award at Level 9 or above will be granted permission for twelve months initially. This will be renewed for a further period of twelve months (subject to the overall eight year limit) where the graduate satisfies the immigration authorities that he or she has taken appropriate steps to access suitable graduate level employment (e.g. attendance at job interviews, signing up with graduate employment agencies, etc.).

Students who were residing in Ireland and attending Irish institutions, and who returned home due to COVID-19 and completed their studies and exams online abroad, and who will receive their award from the Irish institution, will be entitled to avail of the programme and will be allowed to apply from overseas. This new measure has already been put in place and was published on the Immigration Service website (www.inis.gov.ie) on 17 April 2020.

Further updates on these new immigration arrangements and the various measures being taken by the Immigration Service to implement them can be found here:

http://www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements

A detailed Frequently Asked Questions document on the impact of COVID-19 on immigration and international protection can also be found on the website at the following link. This FAQ document is regularly updated.

http://www.inis.gov.ie/en/INIS/Immigration-Service-Delivery-Covid-19-FAQ3%20(3)[1].pdf/Files/Immigration-Service-Delivery-Covid-19-FAQ3%20(3)[1].pdf

Crime Prevention

Ceisteanna (333)

Aodhán Ó Ríordáin

Ceist:

333. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he has raised the establishment of a north side crime task force with the Garda Commissioner, which was previously committed to. [8435/20]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that discussions on a new Programme for Government are ongoing and I understand that this proposal is among those under consideration.

The Taoiseach and I have previously met with the Garda Commissioner and members of his senior management team in relation to serious crime incidents in the DMR North and the coordinated response mounted by An Garda Síochána to tackle them - including community safety, intelligence and drugs and organised crime. I have also been regularly briefed by the Commissioner and senior Gardaí on progress made in relation to various investigations being handled by the Division; and I have met directly with members of the communities served by DMR North.

Gardaí are undertaking significant activity to counter drug crime at the local level, supporting communities through various preventative and detection initiatives. This includes engagement with Local and Regional Drug and Alcohol Task Forces; the Garda Youth Diversion Programme and Projects; the Garda Schools Programme; the Joint Policing Committees and Community Policing Fora.  Debt and debt intimidation are also getting focused attention: the Drug Related Intimidation Reporting Programme, developed by Gardaí and the National Family Support Network, has been in place since 2013 to respond to the needs of drug users and family members experiencing drug related intimidation.

In addition Garda resources in the Division have been increased significantly.  I understand from the Garda authorities that there are 804 Gardaí assigned to the DMR North at the end of April 2020, representing a 20% increase compared to the end of 2015.  Of these, there are 247 Gardaí assigned to the Coolock District representing a 25% increase compared to the end of 2015.  Members in DMR include those assigned to Divisional specialist units such as Drugs and Community Policing. There are now also 62 Garda staff, an increase of 63% in the same time period. Taken together, this increase in the Garda workforce represents a very significant increase in operational policing hours in the DMR North. These Garda members and staff are of course supported and supplemented by personnel from the national and regional units, when required.

In relation to specific issues being experienced by some communities in the Division, l understand that liaison is ongoing with relevant stakeholders, including the Local Authorities, Tusla and the HSE.

Further, as the Deputy may be aware, Dublin City Council has tasked a former Garda Assistant Commissioner with examining and reporting on the needs of the area referred to.  I understand that this work is ongoing.

Finally, I 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. 

Closed-Circuit Television Systems

Ceisteanna (334)

Fergus O'Dowd

Ceist:

334. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if a funding application from Louth County Council to fund CCTV in Moneymore, Drogheda, County Louth, has been received; if so, if same will be expedited in view of the importance both the inter-agency committee and local gardaí have placed on its installation; and if he will make a statement on the matter. [8441/20]

Amharc ar fhreagra

Freagraí scríofa

Community-based CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006.  This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

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

- have the authorisation of the Garda Commissioner.

This is the legal basis for all community CCTV schemes, regardless of how they are funded.  The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.

As the Deputy is aware, since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area.

I can confirm that grant applications received in respect of  CCTV projects for Moneymore and additionally for Rathmullen in County Louth have been approved by my Department.  This brings the total number of applications approved to date under the scheme to 28, involving approved grants totalling more than €705,000.

Eligible groups, including community groups and local authorities nationwide, 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 and it is now also possible for applicants to seek a once-off grant of up to €5,000 for minor maintenance costs.  The scheme permits applications not only for new CCTV systems but also for extension or upgrade of existing Community CCTV systems which are incomplete or obsolete.

I must emphasise that grant funding can be considered only for CCTV systems which meet the legal requirements for CCTV. In other words CCTV systems which have been approved by the relevant Joint Policing Committee, the relevant Local Authority (also acting as Data Controller) and which have received the authorisation of the Garda Commissioner.

Crime Prevention

Ceisteanna (335)

Fergus O'Dowd

Ceist:

335. Deputy Fergus O'Dowd asked the Minister for Justice and Equality his plans to introduce a task force for Drogheda, County Louth, similar to that of the north inner city Mulvey report. [8442/20]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that discussions on a new Programme for Government are ongoing and I understand that this proposal is among those under consideration.

The Deputy will recall that 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 am 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.

Garda Stations

Ceisteanna (336)

Fergus O'Dowd

Ceist:

336. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if there are plans that have been discussed with him or his officials regarding the redevelopment of the east Meath Garda station; if a new Garda station has been discussed to deal with the large increase in population in east County Meath in recent times; and if he will make a statement on the matter. [8446/20]

Amharc ar fhreagra

Freagraí scríofa

The Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources. I am assured however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to their optimum use.

Further, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation.  Works in relation to Garda accommodation are therefore progressed by the Garda authorities working in close cooperation with the OPW.

The Garda Building and Refurbishment Programme 2016-2021 is based on agreed Garda priorities.  It continues to benefit over 30 locations around the country, underpinned by significant Exchequer funding across the Garda and OPW Votes.

I understand from the supplementary information provided by the Deputy that he refers in particular to Laytown. The Building and Refurbishment Programme does not include building works at Laytown Garda Station and I am informed by the Garda authorities that no works are ongoing or are planned for that station at this time.

As the Deputy will be aware, the resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation.  We now have over 14,700 Garda members nationwide, supported by over 3,000 Garda staff and these numbers continue to grow.

Extensive information is available on my Department’s website in relation to the numbers of Garda members and their assignment nationwide at the following link http://www.justice.ie/en/JELR/Pages/Garda_Workforce  This information is updated every month with the latest data provided by An Garda Síochána. Details in relation to the number of Garda staff nationwide are also available on my Department's website at the following link: http://justice.ie/en/JELR/Pages/Garda_Staff

There has been a significant increase in Garda resources in Meath in recent years.  I am informed by the Garda authorities that as of the end of April 2020, a total of 346 Garda members were assigned to the Meath Division, in addition to 43 Garda staff. By contrast, in December 2015 there were a total of 277 Garda members and 26 Garda staff in the Division.

The Deputy may also be interested to know that the rollout by the Garda Commissioner of the new Garda Operating Model meets a key commitment in A Policing Service for the Future, the four-year implementation plan giving effect to the recommendations of the Commission on the Future of Policing in Ireland.  This model has been long recommended by independent policing specialists, including the Garda Síochána Inspectorate and while new to Ireland, it is the standard in other countries. The new Operating Model is designed to provide a more responsive, localised policing service to communities and it streamlines Garda administration and re-organises resources in order to do so.

I have been informed by the Garda authorities that the Meath Division is one of Divisions piloting the new Operating Model.  I am confident that adoption by the Commissioner of this new structure will lead to an improved policing service in Meath as well as in other communities nationwide.

Question No. 337 answered with Question No. 326.

Naturalisation Applications

Ceisteanna (338, 389, 390)

Thomas Pringle

Ceist:

338. Deputy Thomas Pringle asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 269 and 270 of 19 November 2019, if there has been further progress made in putting in place an enhanced process for the consideration of applications for naturalisation as directed by the Supreme Court in judgments delivered on 31 May 2019; and if he will make a statement on the matter. [8465/20]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

389. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the steps he has taken to put in place an enhanced process for the consideration of applications for naturalisation as directed by the Supreme Court (details supplied) in judgments delivered on 31 May 2019; and if he will make a statement on the matter. [9314/20]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

390. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the steps he has taken to put in place an enhanced process for the consideration of applications for naturalisation as directed by the Supreme Court (details supplied) in judgments delivered on 31 May 2019; and if he will make a statement on the matter. [9340/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 338, 389 and 390 together.

I wish to inform the Deputy that I am carefully considering the findings of the court and any attendant implications for the consideration of similar applications.

My Department has sought legal advice on this matter and is currently considering the options for an alternative or ‘enhanced’ process for naturalisation in appropriate cases.  The matters are very complex and deliberations regarding the proposed structure are at an advanced stage. 

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.

Legislative Reviews

Ceisteanna (339, 340)

Roderic O'Gorman

Ceist:

339. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the terms of reference of the review of the Criminal Law (Sexual Offences) Act 2017 which is required under section 27 of the Act; and if he will make a statement on the matter. [8477/20]

Amharc ar fhreagra

Roderic O'Gorman

Ceist:

340. Deputy Roderic O'Gorman asked the Minister for Justice and Equality if the terms of reference of the review of the Criminal Law (Sexual Offences) Act 2017 will seek to include the participation of persons engaged in prostitution and of persons who have been victims of human trafficking; if it will review the risks the operation of the Act poses for the safety and well-being of persons engaged in sex work; and if he will make a statement on the matter. [8478/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 339 and 340 together.

As the Deputy will be aware, Part 4 of the Criminal Law (Sexual Offences) Act 2017 is due to be reviewed this year. This review arises under the provisions of the Act itself, and will include an assessment of the impact of the Act on the welfare of those who engage in sexual activity for payment.

The terms of reference for the review have been finalised and I expect to be able to publish those terms of reference in the coming days.

The review will be conducted in an open and consultative manner and will take a broad approach to ensure consideration of the full range of issues raised in relation to the purchase of sex, can be examined in the context of the review. In relation to the Deputy’s specific question, I can confirm that it is intended that the review will seek to include the views of those who are engaged in prostitution and those who have been victims of human trafficking as well as, inter alia, seeking to assess the impact of the Act’s operation on the safety and well-being of persons who engage in sexual activity for payment.

As the Deputy will be aware, the goal of the legislation is to protect vulnerable persons. In this context the review will include consideration of whether further measures are needed to strengthen protection for persons who engage in sexual activity for payment.

As the Deputy will appreciate, the approach to be adopted for the review, including the means for consultation with stakeholders, will need to take account of the current context of the Covid-19 pandemic. The details and logistics of the approach to be adopted are being finalised and will be announced as soon as possible.

Finally, I can confirm that the report will be published by my Department when complete.

Covid-19 Pandemic

Ceisteanna (341)

John Lahart

Ceist:

341. Deputy John Lahart asked the Minister for Justice and Equality if he will address the lack of social distancing by large groups in the Moore Street area of Dublin. [8487/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, An Garda Síochána has been carrying out extensive operations in support of the public health guidelines in place in the context of the Covid-19 pandemic. Garda action in this regard is underpinned by primary and secondary legislation introduced by the Minister for Health and in particular the additional temporary powers provided for under section 31A of the Health Act 1947 and brought into effect by the Health Act 1947- Section 31A- Temporary Restrictions (COVID 19) Regulations 2020.

The Garda Commissioner and his senior team have implemented a carefully graduated policing response, based on its strong tradition of policing by consent.  Garda members engage, explain and encourage members of the public to comply and, only as a last resort, make use of their enforcement powers under these regulations.

As Minister, I have taken a number of specific actions in the interest of transparency and in order to maintain public trust and confidence in the manner in which these powers are being exercised: I requested the Garda Commissioner to compile and publish a record of any use of these temporary powers, and he is going so on a weekly basis. I also requested the Policing Authority to engage with the Commissioner to independently assess and report regularly on the use of these regulations. The Authority is providing me with reports of this kind on a fortnightly basis.

The Deputy may wish to note that the latest figures published by An Garda Síochána show that from 8 April, when the regulations came into effect, until 30 May 2020 inclusive, Gardaí have invoked the regulations 289 times. This includes both arrests and incidents without arrest where names and addresses were taken for consultation with the DPP on the decision to issue charges.

This and more information is available on my Department’s website at the following link: http://www.justice.ie/en/JELR/Pages/Use_of_Covid-19_related_powers_by_An_Garda_S%C3%ADoch%C3%A1na

The Deputy will appreciate that this data shows that it is only in a very small minority of cases, despite receiving a number of warnings, that some individuals have not been willing to comply with the public health guidelines and the powers provided for in the Health Act and the Health Act 1947- Section 31A- Temporary Restrictions (Covid 19) Regulations 2020 were used.

The area referred to by the Deputy is policed by Gardaí attached to Store Street Garda Station. I am informed by the Garda authorities that the area referred to by the Deputy is subject to specific operational policing in response to Covid-19, including proactive policing.  Any potential breaches of the regulations are dealt with in keeping with the graduated policing approach set out above.

Questions Nos. 342 to 344, inclusive, answered with Question No. 326.

Garda Reports

Ceisteanna (345)

Anne Rabbitte

Ceist:

345. Deputy Anne Rabbitte asked the Minister for Justice and Equality if he has received a report from the Garda Commissioner on a case (details supplied); the reason for such a long delay in releasing the report; when he expects to release the report; and if he will make a statement on the matter. [8533/20]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that I cannot address the detail of any individual case.

I can however confirm that my Department has received an update from An Garda Síochána in relation to this matter and that I will write to the Deputy on this matter shortly.

Visa Applications

Ceisteanna (346)

John Lahart

Ceist:

346. Deputy John Lahart asked the Minister for Justice and Equality the status of a visa application by a person (details supplied); and the reason for the delay with same. [8537/20]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the COVID–19 pandemic has had a significant impact on the way the Immigration Service Delivery (ISD) of my Department conducts its business at this time.

Since 20 March, my Department has temporarily ceased accepting new visa applications. However, we continue to accept and to process certain priority or emergency cases, including: 

- emergency visas (for healthcare professionals, health researchers, and elderly care professionals, for example);

- immediate family members of Irish citizens, who are returning to their normal place of residence in Ireland;

- persons legally resident in the State; and

- persons entitled to avail of the provision of the EU Free Movement Directive.

In this way, visas for frontline healthcare professionals and other urgent applications are receiving priority attention.  A family member of a Critical Skills Employment Permit holder does not fall within the categories set out above.

The central concern in deciding on visa applications remains, as with all visa services worldwide, in trying to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time facilitating travel for those essential workers who meet the criteria.  Each visa application is therefore decided on its own merits taking all factors into account.

I can also inform the Deputy that visa applications are generally processed in chronological order from the date received by the processing centre.  I am advised that the application in question was received in the Dublin Visa Office on 5 February 2020.  At the time of the announcement on the 20 March, applications of this type received in the Dublin Visa Office before 9 December 2019 were being processed.   

Unfortunately, the ability of the Immigration Service Delivery function of my Department to process visa applications, such as the one being referred to here, has been severely curtailed as a result of travel and social distancing restrictions both here and in the applicant's home country. However, my Department intends to resume accepting and processing all visa applications again as soon as safety concerns abate.

The Immigration Service has provided a Frequently Asked Questions document on the impact of COVID-19 on immigration and international protection on its website (www.inis.gov.ie). This document is regularly updated.

Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.

Residency Permits

Ceisteanna (347)

Michael McGrath

Ceist:

347. Deputy Michael McGrath asked the Minister for Justice and Equality when decisions will be processed and issued on applications submitted in November 2019 for a right of residency accompanied by a right to work based on parentage of an Irish minor citizen and based also on the principles of the Zambrano judgment; and if he will make a statement on the matter. [8541/20]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Immigration Service Delivery (ISD) of my Department that, in the interests of fairness to all applicants, all applications are processed in chronological order.

The COVID–19 pandemic has had a significant impact on the way the Immigration Services (ISD) of my Department conducts its business. In line with advice issued by the Government, HSE and the National Public Health Emergency Team (NPHET), ISD have implemented a suite of measures to help reduce the spread of the COVID-19 virus.

These measures include the closure of our offices in Burgh Quay and the implementation of remote working for Immigration Services staff in order to comply with social and physical distancing measures. These measures have unfortunately led to a reduction in processing capacity. While delays are expected, ISD is endeavouring to keep operating to the best of its ability.

Queries in relation to the status of individual immigration cases may be made directly to 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Ceisteanna (348)

Paul Murphy

Ceist:

348. Deputy Paul Murphy asked the Minister for Justice and Equality the reason for the long delay in a review by the INIS of the EU treaty rights of a person (details supplied) who has applied for citizenship. [8544/20]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the EU Treaty Rights Review Unit of the Immigration Service of my Department received an application from the person referred to by the Deputy on 5 December 2017.  This request was for a review of the decision made on 16 November 2017 to refuse their application to retain a residence card on an individual and personal basis under EU Treaty Rights. 

This original retention application was refused because it transpired that the EU citizen in question in this case had departed the State in 2009, and therefore the applicant did not comply with the provisions of the Regulations.

I am advised that an application for a certificate of naturalisation relating to the person referred to was received on 25 November 2014. This application has been suspended pending further assessment and will proceed upon finalisation of their EU Treaty Rights review application.   

As the Deputy will be aware, the Immigration Service is unfortunately experiencing delays in processing at the moment, which have been exacerbated by the COVID-19 pandemic.  Applications are dealt with in strict chronological order, and a decision will issue to the person concerned in due course.  Although it is not possible at the present time to provide a definitive date by which a determination will be made in this case, there will be no avoidable delay in completing same.  My Department will be in touch with the applicant should any further information or documentation be required. 

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Execution of Wills

Ceisteanna (349)

Brendan Griffin

Ceist:

349. Deputy Brendan Griffin asked the Minister for Justice and Equality the protection available for the family of a person whose will was changed when their decision-making capacity was diminishing; and if he will make a statement on the matter. [8565/20]

Amharc ar fhreagra

Freagraí scríofa

Part VII of the Succession Act 1965 sets out a number of legal requirements for the making of a valid will:

- It must be in writing;

- The testator must be over 18 years of age (the testator may be under 18 if he or she is or has been married);

- The testator must be of sound mind;

- The testator must sign or mark the will in the presence of two witnesses;

- The two witnesses must sign the will in the testator's presence;  

- The witnesses cannot be beneficiaries of the will;

- The witnesses must see the testator sign the will;

- The signature of the testator must be at the end of the will.  

These statutory provisions, as interpreted by the superior courts in relevant case law, provide robust safeguards in relation to the validity of wills.

It is, of course, possible for a person to commence legal proceedings challenging a will on the grounds of either the diminished capacity of the testator to make a valid will, or the testator's ability to make decisions freely in disposing of their property by will.

When determining whether or not a testator had the capacity to make a will, courts will generally consider whether they understood the nature of the act of making the will and its effect, and whether the testator understood the extent of the property of which they were disposing.

Where undue influence is alleged, the law places the burden of proving such undue influence on the person alleging it. In order to succeed, the court must be satisfied that:

1. The person alleged to exert the influence had the power or opportunity to do so;

2. Undue influence was in fact exerted; and

3. The will was the product of that influence.

The operation of the relevant legislation is kept under review by my Department.

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