Tuesday, 23 Jun 2020

Written Answers Nos. 347-360

Direct Provision System

Ceisteanna (347)

Catherine Connolly

Ceist:

347. Deputy Catherine Connolly asked the Minister for Justice and Equality the procedure that was involved in transferring a person (details supplied) living in the emergency direct provision centre in Miltown Malbay, County Clare, following an incident in the centre; the way in which the decision was made and-or taken; the reason the decision was made and-or taken; the person and-or grade of the person who made the decision in this regard; and if he will make a statement on the matter. [12549/20]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

For reasons of confidentiality, I am not in a position to comment on individual cases.

However, I can advise that based on Public Health advice, transfers between centres are currently suspended at this time, with limited exceptions, for example, if a qualified medical practitioner advises that a person must be moved for urgent health reasons or if An Garda Síochána advise moving a resident for their own safety or security or that of others in the accommodation centre.

More generally, centre management can also request that a resident be transferred if they have proven to be very disruptive to the running of a centre or if they have assaulted or threatened violence to staff or other residents.

The person is notified of the transfer by letter from the International Protection Accommodation Service (IPAS) of my Department, outlining where they will be moving to and when. The transfer usually occurs within days of the notification being made.

Transport to the new location is organised by IPAS through contracted bus or taxi companies, or, in some instances, depending on geographical location, availability or other considerations, transport can be organised by centre management who are reimbursed for the cost by IPAS. All social distancing and emergency measures required at this time are complied with in the facilitation of such transfers.

Direct Provision System

Ceisteanna (348)

Pa Daly

Ceist:

348. Deputy Pa Daly asked the Minister for Justice and Equality the details of asylum seekers who were sent to a direct provision centre (details supplied), in tabular form; the centres they moved from; the date they were moved to the centre; when they were tested for Covid-19; the result of the test; when they were isolated; and the location they were moved to from the centre. [12572/20]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

For reasons of confidentiality, I am not in a position to provide all of the information that has been requested. Both my Department and the HSE are committed to respecting the medical confidentiality and right to privacy of all international protection applicants including those relocated to the centre referred to by the Deputy. The protection of the identity of all international protection applicants is required under Section 26 of the International Protection Act 2015.

I can say, that the transfers of residents to that centre commenced on 18 March 2020 and concluded on 27 March. A total of 100 people were transferred in total, all of whom were transferred from temporary accommodation in Dublin and Leitrim. The vast majority of the transfers took place on 18 and 19 March, when 85 people were transferred to the centre.

In terms of the logistics, all transport was provided by a coach company under contract to the International Protection Accommodation Service (IPAS) of my Department. All transfers were made using vehicles much larger than would normally be required given the numbers moving in each journey. This was to facilitate social distancing while travelling.

In line with our agreed policy with the HSE, any resident with a positive COVID-19 result was transferred to an offsite self-isolation facility where they are cared for until such time as the HSE considers that they can safely return to their centre or another location.

There are currently 63 residents onsite in the centre including nine children.

Stardust Fire

Ceisteanna (349, 350, 351)

Denise Mitchell

Ceist:

349. Deputy Denise Mitchell asked the Minister for Justice and Equality the location in which the Stardust inquest will be held; and if the families have been notified [12575/20]

Denise Mitchell

Ceist:

350. Deputy Denise Mitchell asked the Minister for Justice and Equality the arrangements put in place to ensure the Coroner’s Office is properly resourced further to his previous commitment to ensuring the necessary resources were in place for the Stardust families [12576/20]

Denise Mitchell

Ceist:

351. Deputy Denise Mitchell asked the Minister for Justice and Equality if the Stardust families will be provided the necessary resources to ensure the effective participation at the inquest in view of the scale of the inquest; and if he will make a statement on the matter. [12577/20]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 349 to 351, inclusive, together.

On 25th September 2019, the Attorney General wrote to me to inform me that “fresh inquests into the Stardust deaths are advisable”. On 19th December 2019, the Attorney General issued his direction that fresh inquests be held.

My Department has worked closely with the OPW to ensure all the necessary resources are provided to the Coroner, Dr. Myra Cullinane, for this inquest. Serviced office accommodation, with ICT and telephony facilities, has been provided in a central location. Additional staff have also been provided and an additional coroner and deputy coroner have been appointed. There are ongoing discussions between officials in my Department and the Office of Public Works regarding the sourcing of a suitable location for the holding of the public inquest. This task has been complicated by the need to ensure that the chosen location can facilitate any required social distancing measures.

The next steps in moving towards the holding of inquests are matters entirely for the coroner, given that the responsibility for conducting fresh inquests rests solely with her. As you know, neither I, nor the officials of my department have any role in this process.

There is a legal mechanism in place to facilitate legal advice and legal aid under the Courts and Civil Law (Miscellaneous Provisions) Act 2013 which provides that any request for legal aid must be made to the coroner who will assess the application and can request that the legal aid board grant legal aid or legal advice or both.

I would like to assure the families that the Stardust inquests are being treated as a high priority by both Dr. Cullinane and my department.

Misuse of Drugs

Ceisteanna (352)

Seán Crowe

Ceist:

352. Deputy Seán Crowe asked the Minister for Justice and Equality if his attention has been drawn to the surge in recreational use of nitrous oxide in the form of whippets; and if his Department has provided guidance to An Garda Síochána on its control. [12587/20]

Freagraí scríofa

Minister for Justice and Equality

The Department of Health leads on Government policy in this area is guided by the national drugs strategy "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025".

This represents a whole-of-Government response to drug and alcohol use in Ireland. Implementation of the Strategy is led by my colleague, the Minister for Health and the Minister of State with special responsibility for the National Drugs Strategy and Health Promotion, although the Strategy of course includes actions for all stakeholders, including my Department and An Garda Síochána.

I understand that An Garda Síochána is aware of the potential health issues that arise as a consequence of the misuse of nitrous oxide and that it is engaging with relevant state bodies in that regard. However this is not a controlled substance under the Misuse of Drugs Acts and is outside my remit as Minister for Justice and Equality.

Requests for information in relation to the misuse of nitrous oxide would better be directed to the Department of Health, the HSE and the Health Products Regulatory Authority, which I understand has previously issued advisories or made public comment on the misuse of this substance.

Sex Offenders Treatment Programme

Ceisteanna (353)

Jennifer Whitmore

Ceist:

353. Deputy Jennifer Whitmore asked the Minister for Justice and Equality the measures being implemented to address the rate of sexual offences carried out by children as referenced by a CSO report that revealed children were responsible for one fifth of all sexual offences reported by An Garda Síochána in 2018; and if he will make a statement on the matter. [12603/20]

Freagraí scríofa

Minister for Justice and Equality

I note the recent statistics issued by the Central Statistics Office in relation to sexual offences committed by those under the age of 18.

As the Deputy will appreciate, Tusla has statutory responsibility for the care and protection of victims of domestic, sexual or gender-based violence. I understand that as part of its remit, Tusla has established a National Inter-Agency Prevention Programme to meet the varied needs of children and young persons who have exhibited harmful or abusive sexual behaviours to others; as well as support for their parents or caregivers. Further information in that regard may be obtained from the Department of Children and Youth Affairs.

In so far as concerns my remit as Minister for Justice and Equality, I encourage anyone who has been the victim of a sexual offence, no matter who the perpetrator is, to contact An Garda Síochána.

Gardaí continue to develop their specialist services in this area and I understand that a total of 16 Divisional Protective Services Units have now been rolled out nationwide. This process is continuing and when complete, will meet a key action under 'A Policing Service for the Future', the implementation plan for the Report of the Commission on the Future of Policing in Ireland.

Further and as the Deputy may be aware, enactment of the Criminal Law (Sexual Offences) Act 2017 was a significant development of the law on sexual offences, putting in place a statutory definition for consent.

A public awareness campaign on sexual harassment and sexual violence is also being conducted by my Department. The ‘No Excuses’ campaign aims to bring about changes in societal attitudes and behaviours, with the aim of decreasing and preventing these offences.

Finally, my Department has agreed with the Central Statistics Office that it will conduct a major National Sexual Violence Prevalence Study, which will look in detail at the experience of sexual violence and abuse in Ireland, with repeat large scale surveys every decade. This will provide a robust evidence-basis for future Government policy in this area.

Traffic Fines

Ceisteanna (354)

Holly Cairns

Ceist:

354. Deputy Holly Cairns asked the Minister for Justice and Equality the number of persons that have been fined to date on foot of legislation governing the overtaking of pedal cyclists. [12654/20]

Freagraí scríofa

Minister for Justice and Equality

The offences of ‘Dangerous Overtaking / Attempting to Overtake of a Pedal Cyclist and Dangerous Overtaking / Attempting to Overtake other than a Pedal Cyclist’ came into effect on 12 November 2019, with the entry into effect of regulations made by the Minister of Transport, Tourism and Sport - namely the Road Traffic (Traffic and Parking) (Amendment) Regulations 2019 (SI 495 of 2019) and the Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) (Amendment) (No. 2) Regulations 2019 (SI 548 of 2019).

I am informed by the Garda authorities that the following table sets out the number of Fixed Charge Notices which have been issued under these regulations, as of 22 June 2020.

Offence	FCNs issued as of 22 June 2020
Overtaking/Attempting to Over Take a Pedal Cyclist	15
Overtaking/Attempting to Overtake other than a Pedal Cyclist	20

It is important to note that these figures are provisional, operational and subject to change.

More generally, I note that An Garda Síochána is fully committed to reducing the number and severity of road collisions. I understand that An Garda Síochána is committed to educating road users in their attitudes and behaviour and when necessary, detecting and intercepting dangerous drivers and those who refuse to comply with road traffic laws.

Covid-19 Pandemic Supports

Ceisteanna (355)

Mattie McGrath

Ceist:

355. Deputy Mattie McGrath asked the Minister for Business, Enterprise and Innovation if businesses that have tax arrears as a result of Covid-19 are excluded from the restart grant programme and eligibility; and if she will make a statement on the matter. [11707/20]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

On Friday, 15th May, 2020, the Government decided to establish a new a new €250m Restart Grant providing direct grant aid to micro and small businesses to help them with the costs associated with reopening and re-employing workers following COVID-19 closures.

The grant is being administered by the local authorities and the online Application Form went live on Friday May 22nd, 2020.

To avail of the Restart Grant, applicants must be a commercial business and be in the Local Authorities Commercial Rates Payment System and:

1. have an annual turnover of less than €5m and employ 50 people or less;

2. have suffered a projected 25%+ loss in turnover between 1 April and end June 2020;

3. commit to remain open or to reopen if it was closed;

4. declare the intention to retain employees that are on The Temporary Wage Subsidy Scheme

The grant will be the amount of the rates demand in respect of calendar year 2019 only, subject to a minimum of €2,000 and a maximum of €10,000. Those businesses with outstanding tax arrears or rates bills are also eligible to make an application if they meet the criteria as set out above.

The Restart Grant support is just one part of the wider €12bn package of supports for firms of all sizes, which includes grants, low-cost loans, write-off of commercial rates and deferred tax liabilities, all of which will help to improve cashflow amongst SMEs.

Full details on all COVID19 supports for business are available at: https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/

Covid-19 Pandemic

Ceisteanna (356)

Martin Heydon

Ceist:

356. Deputy Martin Heydon asked the Minister for Business, Enterprise and Innovation the assessment of the level of out-of-pocket losses incurred to date by microbusinesses, small businesses and medium businesses, respectively, as a result of the Covid-19 crisis; and if she will make a statement on the matter. [12323/20]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

The Government recognises the issue of ‘out of pocket’ costs which businesses have to pay despite not being able to trade. However, it would not be practical to conduct an assessment of the level of these costs for the range of businesses the Deputy outlines in his question.

Whilst for many businesses these costs will include rents, rates, insurance costs and wage costs, the levels of these costs incurred will vary significantly depending on the sector in which the business is engaged, the extent to which negotiations can take place with service providers, the size of premises, the number of staff and the geographical location of the business.

The Government is committed to ensuring as many businesses as possible survive this challenging period, and in recognition of these costs and the many other challenges faced by businesses during this crisis, Government has introduced a suite of supports to assist businesses.

The €250m Restart Grant provides direct support to micro and small businesses and aims to reduce any potential debt overhang for businesses resuming activity and assist with re-opening costs. Complementing this is the commercial rate waiver which will waive rates for businesses forced to close as a result of public health directives. The Temporary Wage Subsidy Scheme has provided a vital source of funds to support up to 85% of employment costs for firms affected by the pandemic and Revenue’s decision to allow businesses to defer tax liabilities have injected large amounts of liquidity into many businesses of all sizes right across the country.

In addition to these direct supports, my Department has a range of other supports which are open to businesses right across the country, full details on all supports are available at: https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/

Covid-19 Pandemic Supports

Ceisteanna (357)

Matt Carthy

Ceist:

357. Deputy Matt Carthy asked the Minister for Business, Enterprise and Innovation if grant support will be provided for businesses, that is, shops, pubs and so on within community and sports centres to assist them to reopen following the lifting of Covid-19 restrictions; and if she will make a statement on the matter. [12428/20]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

We have sought to prioritise commercial entities that are totally dependent on their trading income which in turn creates paid employment locally and will drive economic activity and get money circulating. Within available funding, the aim is to get these businesses back up and running, trading as normally as possible so that they can retain employees.

Sporting Organisations were deemed ineligible because they are not strictly or solely commercial trading entities and could have sources of income other than their commercial operations for example, membership fees.

The €250m Restart Grant is just one of a range of supports provided by the Government to support businesses, employers and employees on foot of the crisis.

My colleagues Michael Ring TD, the Minister for Rural and Community Development and Seán Canney TD, Minister of State with responsibility for Community Development, on Friday, 8th May announced the launch of a €40 million package of supports specifically for Community and Voluntary Organisations, Charities and Social Enterprises. The package consists of:

- A €35 million ‘COVID-19 Stability Fund’ which will provide a level of support to qualifying organisations who are most in need and have seen their trading and/or fundraising income drop significantly during the crisis; and

- A €5m Government commitment to a Philanthropy Fund, (Innovate Together) which will focus on supporting responses to the COVID-19 crisis that require innovative and adaptive solutions to existing and emerging challenges.

The Stability Fund is being administered by Pobal. The Government will continue to support the needs of different sectors with well-tailored and targeted initiatives.

Full details on all COVID19 supports for business are available at: https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/

Trading Online Voucher Scheme

Ceisteanna (358)

Robert Troy

Ceist:

358. Deputy Robert Troy asked the Minister for Business, Enterprise and Innovation when a decision on an application by a business (details supplied) for vouchers available for startup businesses will be decided. [11715/20]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

The business referred to by the Deputy, submitted an application for an innovation voucher to Enterprise Ireland on the 16th of June 2020. The application has been accepted by Enterprise Ireland and will now go forward for evaluation. Enterprise Ireland checks each submitted application; firstly to determine the company eligibility and secondly to examine the proposed knowledge question. Companies that satisfy both criteria are deemed eligible for receipt of an Innovation Voucher.

The evaluation process normally concludes within 4 weeks after receipt of the application.

Future Growth Loan Scheme

Ceisteanna (359)

James O'Connor

Ceist:

359. Deputy James O'Connor asked the Minister for Business, Enterprise and Innovation the extent to which the current funding made available under the future growth loan scheme will be increased when the aggregate limit for agreements within the European Investment Fund Agreement Act 2018 is amended in view of the €25 billion in guarantees made by the European Investment Bank Group, the fact that banks (details supplied) are at their scheme limits, and the fact that the Covid-19 working capital loan scheme excludes primary agricultural activity; and if she will make a statement on the matter. [11717/20]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

The Future Growth Loan Scheme (FGLS) was launched in April 2019 to support longer term access to finance for investments by SMEs including farmers and fishers and small mid-caps. The makes up to €300 million of loans available and is operated by the Strategic Banking Corporation of Ireland (SBCI) though participating lenders. The SBCI provides an uncapped guarantee of 80% to the participating financial providers. The scheme is underpinned by a counter-guarantee to the SBCI from the European Investment Fund (EIF), which is part of the European Investment Bank (EIB) Group. This counter-guarantee provides significant risk protection to the Exchequer against potential losses from the loan guarantee scheme. Losses to the scheme are shared as followed – 20% by the finance provider, 16% by SBCI and 64% by EIF.

The scheme was due to operate over a three year period, but the demand for the scheme has surpassed expectations such that the scheme is close to being fully subscribed after just one year of operation.

On 8 April, I announced that the FGLS would be expanded to make available a further €200 million in additional lending. Officials in my department along with officials in the Department of Agriculture Food and the Marine are negotiating intensely with the European Investment Fund on this expansion of the scheme. This work is now coming to conclusion and based on the negotiated costs achieved there is remaining capacity within the existing legislation of the European Investment Fund Act 2018 to release this new lending without amending the Act. Preparations are now being made towards making this finance available as soon as possible to SMEs, including primary producers, and this will be through participating lenders of the scheme.

In addition, my department has also negotiated a further €300 million in lending to be made available to SMEs, including primary producers, in further tranches through the FGLS over the period 2021-2022. This will bring the total quantum in new lending through the FGLS to €500 million.

Amendment to the European Investment Fund Act 2018 will be required to enable this additional €300 million in lending to be made available through the FGLS.

On 2 May Government approved the drafting of the necessary legislative amendment to the European Investment Fund Agreement Act 2018 to enable further agreements to be entered into with the EIF. This amendment has now been published in the Microenterprise Loan Fund Amendment Bill 2020, and will be urgently progressed through the legislative process.

The enactment of this legislation will allow for the full €500 million in new lending to be made available through the FGLS providing access to finance for the many businesses looking to invest in their long-term future, be that in response to COVID-19, to mitigate against Brexit impacts or to transform their businesses in terms of productivity, innovation and competitiveness to secure their future sustainability, growth and resilience.

The enactment of this legislation will also provide the legislative basis to allow for Ireland to enter into additional agreements with the EIF, allowing for the potential to provide in the region of €3bn in lending underpinned by EIF guarantees.

Covid-19 Pandemic Supports

Ceisteanna (360)

James O'Connor

Ceist:

360. Deputy James O'Connor asked the Minister for Business, Enterprise and Innovation if the Enterprise Ireland Covid-19 business financial planning grant could be extended to primary sector activity to ensure cash flow management support in view of the ending of the Bord Bia Covid-19 response marketing support package and the findings in a report compiled by an organisation (details supplied) highlighting the concerns in the areas of financial management; and if she will make a statement on the matter. [11718/20]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

Enterprise Ireland’s COVID-19 Business Financial Planning Grant is available to all clients of Enterprise Ireland. This includes any food manufacturing company that employs more than 10 people. However, if the “primary sector” reference means farmers or growers, then they would not be eligible clients of Enterprise Ireland and so could not avail of this support under the agency’s mandate.

Bord Bia’s remit is wider than Enterprise Ireland’s with regard to working with the primary sector, for example they work with the farming community on Quality Assurance schemes, Origin Green etc and with the horticulture sector in a wider capacity.