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Thursday, 16 Jul 2020

Written Answers Nos. 146-165

Meat Processing Plants

Ceisteanna (146)

Catherine Murphy

Ceist:

146. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if he will remove inability or vices as grounds to destroy a horse in licensed abattoirs; the number of State veterinarians posted permanently at licensed horse abattoirs; and if he will make a statement on the matter. [16337/20]

Amharc ar fhreagra

Freagraí scríofa

Equine slaughter plants whose meat is destined for human consumption must meet the requirements set out in detailed EU regulations relating to food safety and animal health and welfare.The slaughter process and the handling of equines destined for slaughter at each of the slaughter plants approved by my Department takes place under strictly supervised conditions.

There is an appointed Veterinary Inspector in each slaughter plant during the slaughtering periods in order to carry out regular checks as part of official controls. In addition, each Food Business Operator at the slaughter establishments under the Department’s supervision has a qualified animal welfare officer who oversees the welfare of the animals at the time of slaughter.

The reason an animal is being presented for slaughter is a matter for the owner/keeper of the animal in question. My Department's role in the slaughter of equines for human consumption is to ensure that the animal being presented for slaughter is correctly identified by micro-chip and an accompanying horse passport, together with ensuring the health and welfare of the animal at the time of slaughter, and that there is no impediment to the meat from the animal entering the food-chain.

Animal Culls

Ceisteanna (147)

Catherine Murphy

Ceist:

147. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the number of greyhounds culled in 2019 and to date in 2020; and if he will make a statement on the matter. [16338/20]

Amharc ar fhreagra

Freagraí scríofa

Bord na gCon is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. Bord na gCon is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

The question raised by the Deputy is an operational matter for Bord na gCon and therefore the question has been referred to the body for direct reply.

Coillte Teoranta

Ceisteanna (148)

Richard Boyd Barrett

Ceist:

148. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine if he will address a series of matters (details supplied) relating to Coillte; and if he will make a statement on the matter. [16363/20]

Amharc ar fhreagra

Freagraí scríofa

Coillte is a commercial State body under the aegis of the Department of Agriculture, Food and the Marine. It is operationally independent of my Department and I have therefore passed the questions which are specific to Coillte for response and direct reply to the Deputy.

I welcome the establishment of Coillte Nature in June 2019 and the recent launch of the Dublin Mountains Conversion Plan. One fifth of Coillte lands are currently managed with biodiversity as the primary objective and Coillte Nature has been established to deliver projects with a singular environmental focus, with the Dublin Mountains initiative being one of the four key projects currently being undertaken.

Coillte currently have applications in relation to the Dublin Mountains submitted to my Department under the Native Woodland Conservation Scheme. The Native Woodland Conservation Scheme aims to promote the protection and enhancement of Ireland's native woodlands and biodiversity by supporting the appropriate restoration of existing native woodlands and, where appropriate, the conversion of existing non-native forests to native woodland.

Coillte is undertaking to convert part of the sitka spruce forests in the Dublin Mountains to native woodlands under the Dublin Mountains Conversion Plan. The Native Woodland Conservation Scheme is designed to cover the cost above and beyond what standard reforestation would cost i.e. additional costs associated with reforesting with native species and other expenses such as extended periods of vegetation management, higher rates of tree mortality and the need for more expensive deer fencing.

In view of Ireland's commitments in relation to biodiversity, the restoration and conversion to native woodlands is to be encouraged. Initiatives such as those in the Dublin Mountains are an important contribution to our ongoing efforts to restore Ireland's native woodland resource.

Live Exports

Ceisteanna (149)

Michael Fitzmaurice

Ceist:

149. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the reason, when a farmer carries out an annual TB herd test, the results do not make the animals tested eligible for live export for a period of 12 months; the reason the current period is capped at 31 days; and if he will make a statement on the matter. [16378/20]

Amharc ar fhreagra

Freagraí scríofa

Under EU Intra Community Trade Directive, 64/432, cattle being exported for breeding and production must come from officially tuberculosis-free herds and, in the case of all animals over 42 days of age, must at the time of export, have been tested with negative results to the intradermal tuberculin test during the 30 days prior to certification for export.

Failure to meet this EU requirement renders the animals ineligible for export.

Agriculture Schemes

Ceisteanna (150)

Michael Ring

Ceist:

150. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine his plans to introduce a grant assistance scheme for farmers to replant land due to extensive damage caused by frost to their previous plantations; if discussions have taken place with the European Commission in this regard; and if he will make a statement on the matter. [16460/20]

Amharc ar fhreagra

Freagraí scríofa

My Department is aware of spring frost events that took place in May of this year that affected forestry plantations across the Midlands and the West of Ireland. The Department is monitoring the recovery of crops through routine inspections and surveys to ascertain the extent and severity of any frost damage arising. A Departmental Circular to the Forestry Sector was issued on 12th June, 2020 to clarify to Registered Foresters and forest owners the requirements of the Afforestation Scheme in relation to frost damage at various payment stages, where frost damage is an issue.

My Department will continue to assess the extent of the damage to affected crops, and whether they have had a chance to recover following the growing season.

There is no requirement for discussions to take place with the European Commission in this regard.

Childcare Services

Ceisteanna (151)

Martin Browne

Ceist:

151. Deputy Martin Browne asked the Minister for Children and Youth Affairs if his attention has been drawn to the administrative burden that managers of early years childcare services are under; his views on the concerns that many centres in County Tipperary have for their futures due to the costs being faced for PPE and adherence to social distancing; his further views on the adequacy of the funding allocated to them to restart their businesses; his views on the level of additional funding that should be provided to the sector; and if he will make a statement on the matter. [16414/20]

Amharc ar fhreagra

Freagraí scríofa

On 10 June 2020, my Department announced a major funding package to facilitate the reopening of early learning and care (ELC) and school-age childcare (SAC) services. In accordance with the Government Roadmap for Reopening Society and Business, and guided by the expert advice of the Health Protection Surveillance Centre (HSPC), ELC and SAC services started to resume from 29 June. I am pleased that Government have committed a €75m package of funding for reopening services over the summer months. A further package is being examined to cover the period from 24 August onwards. This substantial investment recognises the important role that the ELC and SAC sector plays in the societal and economic infrastructure of the country.

The new €75m funding package contains four significant elements:

- A once-off Reopening Support Payment (RSP) for DCYA-funded providers opening between 29 June and early September.

- A once-off COVID-19 capital grant for DCYA-funded providers opening between 29 June and early September.

- Continued access for eligible providers to the Revenue-operated Temporary Wage Subsidy Scheme (TWSS)

- Resumption of DCYA ELC and SAC programmes.

In developing the above funding package, the Department recognised that a reduced number of children were likely to attend ELC and SAC services in the initial weeks of reopening. This funding package was tailored to allow providers to operate with less parental income and to assist in meeting the costs associated with complying with public health requirements. The latter additional costs have been kept minimal as public health guidance has stated that previous adult child ratios in the childcare sector were appropriate to meet public health needs (one adult to 3,5,6,8,11 or 12 children maximum) and the new Play-pod model merely allows two of those groups to come together ( or a variation of this) to help reduce the amount of relief cover necessary.

The funding package also ensures that ELC and SAC providers will not charge higher fees than they did pre-COVID-19. This will benefit parents and children returning to services.

A key policy priority for the Department is the sustainability of the ELC and SAC sector and we continue to work intensively to support services to reopen and remain sustainable. The reopening funding package aims to support providers to reopen, staff to remain in the sector, parents to resume work, and children to benefit from quality ELC and SAC.

The funding package described above was for the initial phase of reopening (from 29 June - 23 August). As stated earlier, my Department is now working intensively on a funding package to support the sector further for the 2020/21 programme year - commencing 24 August.

The Department is working closely with eight representatives groups of the sector through the Advisory Group on Reopening to develop an effective and efficient support package, which will be communicated to the sector as early as possible. I met with 17 representatives of the sector on 15 July and was delighted to hear positive reports regarding the number of services that have already opened. Over 80%, so far, of services that normally open during the summer have already opened and more are expected to open next week and in early August. Additionally, the high take up rate for grants for services planning to open in late August indicates that the vast majority of services that normally open in late August / early September will do so. It is important to clarify that some reports in the media do not have a reliable evidence base.

In recognition of the additional time required by ELC and SAC providers to complete the administrative work associated with the various DCYA-funded schemes, my Department provides a Programme Support Payment (PSP). The initial budget in 2017 for PSP was €14.5m. This has since been increased and the total amount available to providers for the 2019/2020 programme cycle is €19.4m.

Regarding PPE and physical distancing in ELC and SAC settings, expert guidance on the safe reopening of services during the COVID-19 pandemic was published by the HPSC on 29 May. The guidance recommends, amongst other measures, the use of a “play pod” model to restrict interactions between closed groups of children and adults as an alternative to social distancing, on the basis that social distancing is not possible between young children.Public health advice does not require any change to minimum adult-child ratios or to regulatory space requirements. While some settings may reduce capacity depending on their layout, there are no required capacity reductions, and most services should be able to comply with the public health advice with no or little reduction in capacity.

HPSC advice is that additional PPE, over and above normal requirements for ELC and SAC services, is not required to be used by staff while they are caring for children.

In line with normal practice in these services, staff should wear disposable single-use plastic aprons, and non-powdered, non-permeable gloves when there is a risk of coming into contact with body fluids (such as when nappy changing). Supplies of these should be readily available in services.

The HPSC has advised that services should keep a small supply of surgical masks in a readily accessible place for use by a staff member who develops symptoms of COVID-19 or by staff members caring for a sick child if they feel they need to use them.

The Reopening Support Payment is available for services to not only meet the reopening guidelines, but to support children to remain in play pods and meet additional staffing needs during the reopening period. The Reopening Support Payment can be used to meet costs for hygiene supplies and consumables.

More information can be found on the Department's website: Reopening Funding Package for Childcare Services FAQ.

State investment to the sector has increased by 141% over the last five budgets. The Government is committed to implementing First 5: A Whole-of- Government Strategy for Babies, Young Children and their Families, which commits to at least doubling investment in Early Learning and Care and School-Age Childcare in the decade to 2028.

The Programme for Government reaffirms the importance of reforming the ELC and SAC sector and this is a priority for me over the coming year.

Covid-19 Pandemic Supports

Ceisteanna (152)

Martin Browne

Ceist:

152. Deputy Martin Browne asked the Minister for Children and Youth Affairs his plans to take into account both the immediate needs of the childcare sector and the long-term sustainability of the sector when drawing up the July 2020 stimulus programme; his plans for the long-term viability of the sector; the position regarding the ambitions of the plan; and if he will make a statement on the matter. [16415/20]

Amharc ar fhreagra

Freagraí scríofa

On 10 June 2020, my Department announced a major funding package to facilitate the reopening of early learning and care (ELC) and school-age childcare (SAC) services over the summer months. In accordance with the Government Roadmap for Reopening Society and Business, and guided by the expert advice of the Health Protection Surveillance Centre (HSPC), ELC and SAC services resumed from 29 June. I am pleased that Government committed a €75m package of funding for reopening services over the summer months. This substantial investment recognises the important role that the ELC and SAC sector plays in the societal and economic infrastructure of the country.

A key policy priority for my Department is the sustainability of the ELC and SAC sector and hence it has and continues to work intensively to support services to reopen after COVID-19. The initial reopening funding package aimed to support providers in the initial phase of reopening (from 29 June to 23 August), staff to remain in the sector, parents to resume work, and children to benefit from quality ELC and SAC.

I am now working intensively on a funding package to support the sector for the period beyond 24 August and for the remainder of the year. My officials are working closely with eight representatives of the sector through the Advisory Group on Reopening to develop an effective and efficient support package, which will be communicated as early as possible.

As the Deputy will be aware, my Department is not responsible for the July Stimulus but is working with other Government parties in its regard. Having an accessible and affordable ELC and SAC sector is recognised as vital in reopening the economy. My Department is represented on the Senior Officials Group on Economic Recovery and my Officials liaise with counterparts across Departments and Agencies on matters of concern for the sector and economy. I will continue to work with Government colleagues, and the ELC and SAC sector, to ensure that the sector supports parents and children effectively and contributes to the Government's goal of stimulating the economy and enabling the return to work.

It should be noted that a number of supports were available before the COVID-19 pandemic to improve the sustainability of services during normal times, and these remain available now. The Department oversees a Case Management process through which local County Childcare Committees and Pobal work together to assess and provide support to ELC and SAC services. Services facing sustainability concerns should contact their local County Childcare Committee in the first instance.

Regarding longer-term funding and sustainability, the Programme for Government contains a number of commitments in relation to childcare. It endorses First 5: A Whole-of-Government Strategy for Babies, Young Children and their Families which commits to at least doubling investment in ELC and SAC by 2028. Given this increased public investment, it is important to ensure that funding delivers for all stakeholders, including the State, providers, the workforce, parents, and children.

In September 2019, an Expert Group was established to review the current funding model and make recommendations for a new funding model that will maximise the value of additional public investment in order to deliver accessible, affordable and high-quality ELC and SAC. The Expert Group is due to submit these recommendations by November 2021. Further information on the Group and its work is available at https://first5fundingmodel.gov.ie/.

The Programme for Government reaffirms the importance of reforming the ELC and SAC sector and this is a priority for me over the coming year.

Covid-19 Pandemic

Ceisteanna (153)

Neale Richmond

Ceist:

153. Deputy Neale Richmond asked the Minister for Justice and Equality the number of passengers that entered here by plane from the United States of America since the introduction of passenger locator forms; the number of follow-up calls or visits that were made to enforce the mandatory 14-day quarantine; and if she will make a statement on the matter. [16342/20]

Amharc ar fhreagra

Freagraí scríofa

On the 28 April 2020 my Department agreed to undertake, on behalf of the health authorities, the collection of public health passenger locator forms on a temporary administrative basis.

The Border Management Unit (BMU) collect these forms at Dublin Airport, which is the principal route through which people enter the State. While the Garda National Immigration Bureau (GNIB) manage the compliance for the other entry ports to the State, the passenger locator forms are forwarded to the BMU in Dublin Airport who carry out the follow-up calls for all completed forms.

Under regulations made by the Minister for Health - Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) Regulations 2020, S.I. No. 181/2020 - the completion of a passenger locator form became a mandatory requirement on 28 May 2020.

The Department of Transport, Tourism and Sport has advised of the following daily number of passengers arriving in Dublin Airport from the USA since 24 April 2020. The figures do not include transfer passengers.

USA

Total

Fri 24 Apr 20

13

Sat 25 Apr 20

31

Sun 26 Apr 20

23

Mon 27 Apr 20

33

Tue 28 Apr 20

11

Wed 29 Apr 20

25

Thu 30 Apr 20

15

Fri 01 May 20

31

Sat 02 May 20

37

Sun 03 May 20

40

Mon 04 May 20

51

Tue 05 May 20

20

Wed 06 May 20

38

Thu 07 May 20

24

Fri 08 May 20

24

Sat 09 May 20

54

Sun 10 May 20

45

Mon 11 May 20

36

Tue 12 May 20

27

Wed 13 May 20

28

Thu 14 May 20

25

Fri 15 May 20

35

Sat 16 May 20

50

Sun 17 May 20

39

Mon 18 May 20

60

Tue 19 May 20

60

Wed 20 May 20

29

Thu 21 May 20

8

Fri 22 May 20

35

Sat 23 May 20

26

Sun 24 May 20

32

Mon 25 May 20

27

Tue 26 May 20

52

Wed 27 May 20

70

Thu 28 May 20

40

Fri 29 May 20

62

Sat 30 May 20

66

Sun 31 May 20

100

Mon 01 Jun 20

83

Tue 02 Jun 20

91

Wed 03 Jun 20

51

Thu 04 Jun 20

73

Fri 05 Jun 20

31

Sat 06 Jun 20

69

Sun 07 Jun 20

108

Mon 08 Jun 20

101

Tue 09 Jun 20

77

Wed 10 Jun 20

111

Thu 11 Jun 20

41

Fri 12 Jun 20

70

Sat 13 Jun 20

36

Sun 14 Jun 20

55

Mon 15 Jun 20

109

Tue 16 Jun 20

122

Wed 17 Jun 20

106

Thu 18 Jun 20

69

Fri 19 Jun 20

69

Sat 20 Jun 20

92

Sun 21 Jun 20

70

Mon 22 Jun 20

138

Tue 23 Jun 20

122

Wed 24 Jun 20

51

Thu 25 Jun 20

96

Fri 26 Jun 20

78

Sat 27 Jun 20

79

Sun 28 Jun 20

139

Mon 29 Jun 20

152

Tue 30 Jun 20

269

Wed 01 Jul 20

159

Thu 02 Jul 20

97

Fri 03 Jul 20

88

Sat 04 Jul 20

163

Sun 05 Jul 20

146

Mon 06 Jul 20

123

Tue 07 Jul 20

151

Wed 08 Jul 20

179

Thu 09 Jul 20

71

Fri 10 Jul 20

168

Sat 11 Jul 20

149

Sun 12 Jul 20

151

Mon 13 Jul 20

144

In terms of the number of follow-up calls, please see tables below which cover the period from 28 April 2020 (when BMU commenced follow-up calls) to 30 June 2020. During this period, almost 100% of passengers who required follow-up calls were contacted. However, from the date that completion of the forms became mandatory, 28 May 2020, the nationality of passengers was no longer included as a question on the form. It is therefore not possible to ascertain the nationality of those to which follow up calls were made and the tables below reflect the overall number of calls rather than those to particular nationals.

Dublin Airport

Passengers Arrivals

28.04.20 - 30.06.20

Forms Received

41,949

Exempt from Follow-Up

This includes passengers:

- Transiting to NI

- In the State for less than 2 days

- Completing forms unnecessarily

11,695

Number of Call 1 Made

(2 days after Arrival)

28,544

Calls Answered

18,246

% Answered

64%

Passengers Arrivals

28.04.20 - 19.06.20

Number of Call 2 Made

(12 days after Arrival)

16,295

Calls Answered

8,649

% Answered

53%

Since 1 July 2020, given the increase in passenger numbers, the BMU are required to concentrate on their core immigration duties and therefore, whilst my Department awaits handover of this follow-up process to the Department of Health, the BMU are only in a position to make a sample of follow-up calls.

The BMU now rely on the Dublin Airport Authority (daa) arrivals figures as an indication of the number of passenger locator forms collected by the BMU officers. Given that the form is mandatory and that only 3 referrals have been made to An Garda Síochána for refusing to complete the form, the daa arrivals figure is regarded as an accurate indication of the forms received at Dublin Airport.

The figures provided below for the period 1 July 2020 to 13 July 2020 show the sample of calls made whilst awaiting the handover of this follow-up action to the Department of Health.

Dublin Airport

01/07/20 - 13/07/20

DAA Arrival Figure

52,753

Sample Taken

5,042

Exempt:

This includes passengers:

- Transiting to NI

- In the State for less than 2 days

- Completing forms unnecessarily

1,510

Calls Made

3,532

Calls Answered

1,698

% Answered

48%

The BMU continues to carry out the follow up phone calls on behalf of the HSE, but as passenger numbers are expected to increase significantly over the coming days, as previously mentioned, the BMU will need to focus exclusively on their core function of immigrating passengers and the HSE will take responsibility for this function. Discussions are ongoing between both Departments to finalise a date for the handover.

Immigration Status

Ceisteanna (154)

Joan Collins

Ceist:

154. Deputy Joan Collins asked the Minister for Justice and Equality the way in which a person (details supplied) can extend a temporary stamp 4 status until receiving an appointment. [16372/20]

Amharc ar fhreagra

Freagraí scríofa

The person to whom the Deputy refers was granted, on 2 June 2020, a temporary permission of two months to reside in the State under Stamp 4 conditions. I have today announced that immigration permissions, due to expire between 20 July and 20 August 2020, will be automatically extended for one month. Therefore the person referred to will now have their permission automatically extended until 1 September 2020. This renewal is on the same basis as the existing permission, and the same conditions will continue to apply.

Stamp 4 conditions allow a person to take up employment; work in a profession, subject to conditions of the relevant professional or other bodies; establish and operate a business; and access state funds and services as determined by Government departments or agencies. The time period for which a Stamp 4 permission is granted is reckonable as residence when applying for citizenship by naturalisation.

While it is intended that this will be the final temporary extension of immigration permission, my Department will continue to keep the situation under active review as matters evolve in our national response to the Covid-19 pandemic.

As I announced on 7 July 2020, the Registration Office in Burgh Quay, having been closed since 20 March due to COVID-19 restrictions, will reopen on 20 July in line with the Government Roadmap. Priority will be given initially to those who had their appointments for first time registrations cancelled when the Office closed. Such applicants will be contacted directly by Immigration Service Delivery (ISD) with a new appointment. Anyone who did not previously have an appointment but needs to register should contact Immigration Service Delivery by email and request an appointment. The email address is - burghquayregoffice@justice.ie.

The person referred to by the Deputy should therefore email the above address to obtain an appointment, setting out their details and forwarding a copy of their marriage certificate if they have not already done so.

My Department is providing regular updates on all immigration related matters on the Immigration Service website: http://www.inis.gov.ie/.

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 also regularly updated. I would encourage all immigration applicants to refer to the website for up-to-date information.

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.

Maternity Leave

Ceisteanna (155)

Richard Bruton

Ceist:

155. Deputy Richard Bruton asked the Minister for Justice and Equality the status of maternity leave for mothers; the costs of extending maternity leave as a temporary expedient while infant childcare options are so impaired due to Covid-19; and if she will make a statement on the matter. [16377/20]

Amharc ar fhreagra

Freagraí scríofa

As the law now stands, a mother is entitled to paid maternity leave of up to 26 weeks, 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. Any amendment to the legislation governing the provision of maternity leave, which falls under my responsibility, would require primary legislation. As such an extension to maternity leave has not been proposed by Government, the total costs to the Exchequer, in particular if maternity benefit were also to be extended, have not been set out.

The provision of maternity benefit is under the remit of the Minister for Employment Affairs and Social Protection.

In recognition of the particular challenges that mothers and parents have faced during the Covid-19 pandemic, the Government is considering a proposal to advance the extension of Parent’s Leave and Benefit to five weeks for all parents of children born after 1 November 2019, to enable every eligible parent of young children to spend additional time with their child.

At present, Parent’s Leave entitles each parent to 2 weeks’ leave during the first year of a child’s life, or in the case of adoption, within one year of the placement of the child with the family.

The Government proposal would mean that eligible parents of children born during the pandemic crisis will get an extra three weeks of Parent’s Leave to offset the impact of having a child during the strict lockdown measures. The period in which Parent’s Leave can be taken will also be extended from one year to two years. This, and related costs, will be considered as part of the Budget 2021 process. The support is paid at a rate of €245 per week.

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.

The Temporary Wage Subsidy Scheme (TWSS) was introduced under the Emergency Measures in the Public Interest (Covid-19) Act 2020, to attempt to minimise the negative impact on the labour market through an exceptional period beginning on 26 March and scheduled to run for an initial period of 12 weeks.

On 3 June, the Government announced the TWSS would accommodate the salaries of parents returning from maternity or adoptive leave. This will be provided for by way of amendment in the Finance Bill 2020 process, and that in the meantime Revenue will implement the provision from 26 March, where applicable.

Legislative Reviews

Ceisteanna (156)

Joan Collins

Ceist:

156. Deputy Joan Collins asked the Minister for Justice and Equality if she will ensure that voices of sex workers, including a group (details supplied), are included in the review of the sex work legislation. [16320/20]

Amharc ar fhreagra

Freagraí scríofa

Part 4 of the Criminal Law (Sexual Offences) Act 2017 is being 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.

I recently announced the launch of this review, which will be conducted by Maura Butler as the independent expert. The Terms of Reference for the review are available on my Department's website at the following link: http://www.justice.ie/en/JELR/Terms_of_Reference_-_S7a_ReviewCJ(SO)Act_2017.pdf/Files/Terms_of_Reference_-_S7a_ReviewCJ(SO)Act_2017.pdf.

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

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.

As the Deputy will appreciate, the means for consultation with stakeholders will need to take account of the current context of the Covid-19 pandemic. However the review will involve discussions with a wide range of stakeholders and the Terms of Reference explicitly confirm that the participation and inclusion of persons engaged in prostitution and persons who have been victims of human trafficking will be sought. The independent Expert will design the precise methodologies in this regard and further details will be announced at the appropriate time.

An online survey will be launched shortly as part of a public consultation process. In addition, written submissions are invited from any individual or stakeholder who wishes to share their views, addressing the Terms of Reference. Such submissions may be made to the email address: <s7areview@justice.ie > before 9 August 2020. Additional information on the consultation and review is available on my Department's website at the following link:

http://www.justice.ie/en/JELR/Pages/Review_of_the_Operation_of_Part_4_of_the_Criminal_Law_(Sexual_Offences)_Act_2017

Departmental Reviews

Ceisteanna (157)

Brendan Howlin

Ceist:

157. Deputy Brendan Howlin asked the Minister for Justice and Equality when the report of the review group on anti-fraud and anti-corruption structures will be published; and if she will make a statement on the matter. [16328/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, a review of Ireland’s anti-fraud and anti-corruption structures, chaired by the former DPP Mr James Hamilton, is currently examining the effectiveness of the State’s procedural, legislative and resourcing frameworks for the investigation, prosecution and prevention of fraud and corruption offences. I am advised that the Hamilton Review Group is currently finalising the draft report with a view to its publication in the coming weeks (Quarter 3 2020).

It is important to note that a significant number of bodies have key responsibilities to develop and implement anti-corruption policies, with the competence to prevent, detect, investigate and prosecute corruption spread across An Garda Síochána and a number of other bodies with a mandate to tackle corruption.

These include, inter alia, the Central Bank of Ireland, the Standards in Public Office Commission, local authorities, the Ombudsman, Parliamentary Committees on Members' Interests, the Anti-Corruption Unit in the Garda National Economic Crime Bureau, the Criminal Assets Bureau, the Office of the Director of Corporate Enforcement, the Comptroller and Auditor General, the Public Accounts Committee, other Oireachtas committees, regulators, Government Departments, the Director of Public Prosecutions and tribunals of enquiry and commissions of investigation.

In addition, Ireland has an extensive range of legislative provisions to prevent and combat corruption. These include the Ethics in Public Office Act 1995, the Standards in Public Office Act 2001, Freedom of Information Act 2014 and the Protected Disclosures Act 2014.

In relation to recent legislative developments, the Criminal Justice (Corruption Offences) Act 2018 was commenced in full on the 30 July 2018. The Act repealed and replaced the seven previous Prevention of Corruption Acts 1889 to 2010. The Act is not merely a consolidation of the old provisions. It strengthens and clarifies the law in relation to corruption.

Ireland is also a party to a number of anti-corruption international instruments. These are the United Nations Convention against Corruption (UNCAC), the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Public Officials in International Business Transactions and the Council of Europe's Group of States against Corruption (GRECO). As such, Ireland is subject to regular peer evaluations associated with the implementation of these international agreements with recommendations for improvement made following each review.

Naturalisation Applications

Ceisteanna (158)

Joe O'Brien

Ceist:

158. Deputy Joe O'Brien asked the Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied). [16417/20]

Amharc ar fhreagra

Freagraí scríofa

An application for a certificate of naturalisation was received from the person referred to on the 29 May 2019.

This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible

It is not possible to provide a definitive time frame within which a particular application will be decided. The nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process. It is a statutory requirement that, among other things, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. As a result there will always be a proportion of cases that take longer than the norm to process.

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.

Crime Data

Ceisteanna (159)

James Browne

Ceist:

159. Deputy James Browne asked the Minister for Justice and Equality the number of fines and imprisonments on foot of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and regulations made under same; and if she will make a statement on the matter. [16426/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda powers in response to the Covid -19 pandemic were provided for under section 31A of the Health Act 1947, as inserted by the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and brought temporarily into effect through subsequent regulations – the Health Act, 1947 (Section 31A – Temporary Restrictions) (Covid-19) Regulations 2020. The regulations were signed by the then Minister for Health, following consultation with my predecessor as Minister for Justice and Equality, Mr Charlie Flanagan TD, as well as the then Minister for Finance and for Public Expenditure and Reform.

On foot of this, 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. In order to ensure that the policing of these public health restrictions is carried out in an appropriate, proportionate and human rights compliant manner, the Policing Authority have been requested to review the policing performance of an Garda Síochána and to provide reports to myself as Minister. These reports are published on my Department's website.

With regard to the figures requested by the Deputy, I am informed by the Garda Commissioner that from 8th April, which was when the regulations came into effect, until 27th June 2020 inclusive, Gardaí have invoked the regulations 320 times out of more than a million interactions with the public. These include both arrests and incidents without arrest where name and address details were taken for consultation with the DPP on the decision to issue charges. Arrest remains a last resort. Of the 320 incidents, two were as a result of an instruction from a relevant medical professional as per the Act.

As per Garda policy in relation to the regulations, in all cases where arrests were made under the regulations, members of An Garda Síochána must consult with the Director of Public Prosecutions on the decision to charge.

Up to 27th June, in 110 of these incidents a charge or summons has issued. Most incidents involve a single individual but some have resulted in charges against multiple people. Up to the same date, in 29 of the 320 incidents the DPP directed no charge. The remainder continued to be under criminal investigation.

In addition, pre-existing enforcement powers were used in 2,177 incidents where other offences were disclosed in the course of Covid-19 operations. These range from incidents such as drink driving or disqualified drivers detected at checkpoints, to drugs and weapons seizures, to public order offences.

As the Deputy will be aware, An Garda Síochána has also conducted thousands of checks on licensed premises throughout the country under Operation Navigation to support public health guidelines since the operation began at 7pm on Friday July 3rd.

In the period from July 3rd to July 12th inclusive, the vast majority of licensed premises operating have been found to be in compliance with regulations and licensing laws, but in 37 individual cases Gardaí have found potential breaches of the health regulations or licensing laws even after providing the premises with the opportunity to rectify the situation. Files will now be prepared for the DPP in each of these cases. In all these cases, Gardaí found customers consuming alcohol, but no evidence of food also being consumed and no evidence of receipts to show that food had been sold.

Officials from my Department are in contact with the Courts Service and the Irish Prison Service to ascertain whether it is possible to collate accurate statistics with regard to the number of fines and imprisonments on foot of these measures. Should statistics be available, I will write to the Deputy with same.

Family Support Services

Ceisteanna (160)

James Browne

Ceist:

160. Deputy James Browne asked the Minister for Justice and Equality the position regarding parental alienation and its impact here; and if she will make a statement on the matter. [16457/20]

Amharc ar fhreagra

Freagraí scríofa

Parental alienation has been described as a situation when a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent. The issue of parental alienation is highly complex and I am aware that some professionals advocate for the classification of parental alienation as a clinical disorder affecting children, while others raise concerns that taking this action could act as a means of masking other serious issues such as genuine allegations of child abuse. The phenomenon most commonly occurs in the course of family break-up or divorce

While there is no specific legislative provision regarding parental alienation in Irish family law, section 246 of the Children Act 2001, provides for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or wellbeing. There is also a range of legislative provisions in place for dealing with child welfare particularly regarding the relationship between a child and his/her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues.

I am also aware that the Report of the Oireachtas Joint Committee on Justice and Equality on Reform of the Family Law System, which was published late last year, considered the issue of parental alienation among a broad range of issues in the area of family law. All of the recommendations in the report are currently being examined by my Department.

Garda Deployment

Ceisteanna (161)

Alan Farrell

Ceist:

161. Deputy Alan Farrell asked the Minister for Justice and Equality the number of gardaí assigned to Fingal, Dublin, prior to the Covid-19 pandemic as compared to the current number of gardaí assigned to the area; and if she will make a statement on the matter. [16463/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions. As Minister, I have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

The Garda strength of the Garda Districts in and around the Fingal area prior to the Covid-19 pandemic as compared with the current number of Gardaí assigned to the area as of June 30th, as provided by the Commissioner, is available on my Department’s website through the link below.

http://www.justice.ie/en/JELR/Pages/Garda_Workforce

Covid-19 Pandemic

Ceisteanna (162)

Darren O'Rourke

Ceist:

162. Deputy Darren O'Rourke asked the Minister for Health the number of times in each month to date the 14-day quarantine rule for persons entering Ireland has been breached; the number of actions taken as a result; and if he will make a statement on the matter. [16428/20]

Amharc ar fhreagra

Freagraí scríofa

Passengers arriving to Ireland from overseas are legally required to complete a COVID-19 Passenger Locator Form. The information provided on the form may be used to assist with contact tracing in the event that there is a suspected or confirmed case on board a flight or ferry.

Since the introduction of the mandatory requirement to complete the locator form in late May, compliance has been close to 100%. The Department of Justice, which collects the forms at points of entry on behalf of the health service, has informed that three people at Dublin Airport have refused to fill out the form and they have been referred to the Garda National Immigration Bureau (GNIB).

Passengers arriving to Ireland are advised in the interest of public health, but not legally required, to restrict their movements for 14 days.

Covid-19 Tests

Ceisteanna (163)

Willie O'Dea

Ceist:

163. Deputy Willie O'Dea asked the Minister for Health if his attention has been drawn to the public concern regarding the decision of private hospitals to charge between €250 and €275 for a Covid-19 test; the steps he plans to take to rectify the matter; and if he will make a statement on the matter. [16453/20]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to the answer given to Parliamentary Question 15888/20 of 14 July 2020. I can confirm that the position as outlined remains unchanged.

Covid-19 Pandemic

Ceisteanna (164)

Joan Collins

Ceist:

164. Deputy Joan Collins asked the Minister for Health if he will consider making the use of face masks mandatory in indoor public spaces (details supplied). [16324/20]

Amharc ar fhreagra

Freagraí scríofa

The Health Protection Surveillance Centre (HPSC) has published a range of guidance documents outlining the infection prevention and control procedures that apply in various healthcare settings. This includes the use of various types of personal protective equipment including those that might be described as facemasks. These guidance documents are available on the HPSC website at www.hpsc.ie.

More generally, in respect of the use of face coverings by the public and in public places, the National Public Health Emergency Team (NPHET) provided guidance in relation to face coverings in its advice to Government in relation to Phase 2 of the Roadmap for Reopening Business & Society on 4 June. As part of the continuing review of the evidence relating to face coverings, at its meeting on 15 July 2020, NPHET has updated its advice.

The NPHET advice sets out circumstances under which the wearing of a non-medical face covering is recommended. These are when using busy public transport, when in indoor public areas including retail outlets, by people visiting the homes of those who are cocooning, by people who are being visited in their homes by those who are cocooning, all visitors to residential care facilities and in indoor work environments where it is difficult to maintain a two-metre distance. The wearing of face coverings in other environments should accommodate individual judgement or preference or where it is difficult to maintain a 2-metre distance.

It is important to emphasise that the wearing of face coverings is an additional hygiene measure and should not take the place of good hand hygiene, respiratory etiquette and other personal protective public health measures. Face coverings should be used properly, in line with the guidance and to wash hands before putting them on and taking them off.

On the 15th June, the Government and the National Transport Authority launched a national communications campaign which outlines best practice for the use of face coverings in retail outlets, on public transport and in other public locations in which it is difficult to maintain social distancing or where this distance cannot be guaranteed, and are communicating to the public about:

- who should wear face coverings

- in what settings, and how to wear and remove face coverings correctly.

Guidance on how to make and safely use face coverings is available on gov.ie/facecoverings and the HSE website.

On Friday 10th July the Minister for Health having consulted with the Minister for Transport, Tourism and Sport and the Minister for Justice and Equality, signed the Health Act (Covid-19)(Face Coverings on Public Transport) Regulations 2020. The regulations provide that, from 13 July 2020, members of the public shall not, without reasonable excuse, travel by public transport without wearing a face covering.

Reasonable excuse includes where a person:

- cannot put one on, wear or remove a face covering because of any physical or mental illness, impairment or disability or without severe distress

- needs to communicate with another person who has difficulties communicating

- removes the face covering to provide emergency assistance or to provide care or assistance to a vulnerable person

- removes the face covering to avoid harm or injury, or the risk of harm or injury

- removes the face covering to take medication

The regulations do not apply to children under the age of 13 years.

Following further advice of NPHET, at its meeting of the 15 July 2020, the Government also agreed to the mandatory wearing of face coverings in retail outlets, shops and shopping centres. Retail staff will also be obliged to wear a face covering unless there is a partition between them and members of the public or where there is a distance of 2 metres between them and members of the public. Work on the development of relevant Regulations has commenced.

It is important to note that the public health advice relating to Covid-19, including that relating to face coverings, is kept under continuing review by the National Public Health Emergency Team.

Covid-19 Pandemic

Ceisteanna (165)

Joan Collins

Ceist:

165. Deputy Joan Collins asked the Minister for Health if he will include north County Dublin, Limerick city and so on in the daily Covid-19 dashboard in which new cases are arising; and if he will also include the gender of the daily new cases. [16335/20]

Amharc ar fhreagra

Freagraí scríofa

Since the National Public Health Emergency Team (NPHET) met for the first time, a commitment was given to collect and publish as much relevant data as possible while ensuring individual patient confidentiality is maintained at all times. While the nature and scale of the Covid-19 pandemic has been unprecedented, the collection of timely and comprehensive data has underpinned the efforts of the public health response to Covid-19 and has been instrumental in developing the health service response to Covid-19 and to the advice provided by NPHET and the Department of Health to assist Government decision-making in the wider response to Covid-19 in Ireland.

As the Deputy is aware, comprehensive national statistics, information and data about Covid-19 in Ireland is published on a daily basis on the Covid-19 Data Hub and Dashboards including total cases by county and the gender profile of total cases. These figures are updated daily and are available at http://www.gov.ie/covid19dashboard/. The data available on the site is based on official figures provided by the Health Protection Surveillance Centre (HPSC) and the Health Service Executive (HSE). This site is built using the GeoHive platform, Ireland's Geospatial Data Hub.

It should be noted that due to the nature of the disease transmission and the clustered effects of the disease, many of the cases occur in relatively small communities where identification of individual patients could be an issue if appropriate measures are not taken to protect individual identities and their locations. The data published to date has been aggregated with this consideration in mind while also ensuring that data is made available in a timely and comprehensive manner to inform the Department and wider Government response but also to ensure the public are kept informed to the greatest extent possible.

The Deputy may wish to note that a range of other data is provided by the CSO including alternative information relating to electoral divisions. This is available on the CSO Covid-19 Information Hub at https://www.cso.ie/en/releasesandpublications/ep/p-covid19/covid-19informationhub/ and in particular at https://www.cso.ie/en/releasesandpublications/br/b-cdc/covid-19deathsandcasesseries7/

There is also ongoing collaboration between my Department, the HPSC, HSE, the Office of the Government Chief Information Officer, the CSO, Ordnance Survey Ireland and many other institutions and agencies to improve the data collected and the availability of it on an ongoing basis. I would like to assure the Deputy of my Department's ongoing commitment to publish as much Covid-19 data on an ongoing basis as is practicable, relevant and appropriate.

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