Written Answers Nos. 220-239
220. Deputy Sean Sherlock asked the Minister for Further and Higher Education, Research, Innovation and Science the engagement he has had with third level institutions on foot of the coding error in the leaving certificate; and the institutions he has spoken to personally. [29324/20]
Amharc ar fhreagraSince the discovery of the errors in the Calculated Grades algorithm, my officials have been engaging regularly with representatives from the higher education sector, with meetings held with representatives from the Irish Universities Association (IUA), Technological Higher Education Association (THEA) and TU Dublin on Wednesday 30th September and Friday 2nd October.
I myself met with Presidents of the Higher Education Institutions last week to discuss a range of higher education issues, including the impact of the Calculated Grades error on higher education entry.
In each of these meetings all parties involved were committed to doing everything possible to facilitate these students in commencing the course they would, in other circumstances, have been offered in an earlier round.
The revised Calculated Grades results were transmitted to the CAO on Saturday 3rd October, and the CAO subsequently identified 485 students who were entitled to an higher preference CAO offer as a result of their improved grades. As of CAO Round 4, which was issued on 8th October, all of these students have received an offer to take up a place in their new course in the current academic year.
221. Deputy Paul Kehoe asked the Minister for Further and Higher Education, Research, Innovation and Science the number of additional places created on a high-demand third level course (details supplied) to meet additional need; and if he will make a statement on the matter. [29341/20]
Amharc ar fhreagraIn order to help mitigate the impact of the changes to the grading system I announced the creation of an additional 2,225 places on high-demand courses in Higher Education Institutions. These places were provided in order ensure that as many students as possible could be accommodated on a course of their choice, given the unprecedented circumstances they are facing. 5 of these places were created in Veterinary Medicine in UCD, a significant increase given the small cohort of students accepted into that course every year.
222. Deputy Sean Sherlock asked the Minister for Further and Higher Education, Research, Innovation and Science the way in which distance can be applied on SUSI applications if the route from the home to the third level institution is shorter than from the institution to the home using the same metrics and options both ways. [29344/20]
Amharc ar fhreagraThe student grant scheme, administered by SUSI, provides maintenance grants to students who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.
Student maintenance grants are payable at either the adjacent or non-adjacent rate. The distance to be measured is the shortest non-tolled most direct route from the student’s residence to the institution attended. The distance is always measured avoiding tolls. The adjacent rate of maintenance grant is payable in the case of students whose normal residence is 45km or less from the approved institution which he or she is attending. The non-adjacent rate of maintenance grant is payable in all other cases.
The measurement of the distances relating to the award of adjacent or non-adjacent rates of student grant is a matter for SUSI, the grant awarding authority. The distance measurement for student grant rates is governed by Article 27(3)(a) and (b) of the Student Grant Scheme 2020. This provides that the relevant distance will be measured in line with agreed guidelines. It also provides that the distance is always measured from the student's normal residence to the campus the student is attending and never the reverse.
The guidelines require that the shortest most direct route between the applicant's normal residence and the institution being attended should apply. In determining the shortest most direct route, the awarding authority shall establish:
- the method for measuring a route; and
- the factors to be taken into account in establishing and measuring a route.
SUSI has progressively introduced a number of measures that are intended to make the Student Grant Scheme more efficient for students. One of these measures was the introduction of Eircode which has helped to reduce processing times for applicants.
The decision on eligibility for student grant assistance is a matter, in the first instance, for the centralised student grant awarding authority SUSI (Student Universal Support Ireland) to determine.
If an individual applicant considers that she/he has been unjustly refused a student grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to SUSI. Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal may be submitted to the independent Student Grants Appeals Board within the required timeframe. Such appeals can be made by the appellant on line via www.studentgrantappeals.ie
Apart from the Student Grant Scheme, students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Details of this fund are available from the Access Office in the third level institution attended. This fund is administered on a confidential, discretionary basis.
223. Deputy Sean Sherlock asked the Minister for Further and Higher Education, Research, Innovation and Science the contracts with public relations agencies and consultants entered into by his Department; and the remit of these contracts including the costs in tabular form. [29354/20]
Amharc ar fhreagraThe Department of Further and Higher Education, Research, Innovation and Science has not entered into any contacts with public relations agencies or consultants.
224. Deputy Paul Murphy asked the Minister for Further and Higher Education, Research, Innovation and Science the reason the CAO offered a place to a person (details supplied) which they accepted and made preparations for start of term, on an arts degree course at UCD only to have it subsequently withdrawn via a phone call from the CAO on 25 September 2020; and if he will request and provide this Deputy with copies of all relevant correspondence. [29389/20]
Amharc ar fhreagraUniversities and Institutes of Technology are autonomous and determine their own procedures for admission. The CAO process applications for undergraduate, and some postgraduate, courses on their behalf.
Decisions on admissions are made by the higher education institutions who then instruct the CAO to make offers to successful candidates. Therefore neither I nor my Department have a function in relation to such matters and information on errors in CAO applications or offers are not held in my Department.
Where an error comes to the attention of the CAO after Round One offers have issued, they then update the account information and consequently the offers issued. A number of these adjustments are made each year due to applicant omissions or errors, or administrative errors caused by the higher education institutions or CAO.
If an applicant has an issue with their CAO application that is not resolved the applicant’s satisfaction, the option to appeal is available. The CAO has an Independent Appeals Commission, to which recourse may be had by applicants who believe that they have been treated unfairly by CAO, and whose complaints have not been resolved by CAO. The function of the Appeals Commission is to ensure that the rules are applied fairly.
Appeals should be addressed to: The Secretary, CAO Independent Appeals Commission, c/o Tower House, Eglinton Street, Galway, Ireland.
225. Deputy Sean Sherlock asked the Minister for Further and Higher Education, Research, Innovation and Science if he will provide information on a matter (details supplied). [29407/20]
Amharc ar fhreagraA transfer of functions order will be made later in the month in respect of functions transferring between the Department of Education and the Department of Business, Enterprise and Innovation to the Department of Further and Higher Education, Research, Innovation and Science. Once the transfer of functions is completed and the formal transfer of staff has taken place an organisation chart will be made available to the Deputy.
226. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [29277/20]
Amharc ar fhreagraThe application for a certificate of naturalisation from the person referred to by the Deputy is awaiting documentation requested by the Citizenship Division of my Department on 8 January 2019, and requested again in correspondence to the applicant's legal representative on 24 June 2019 and 27 August 2019. In order for my Department to proceed with the application, the applicant must forward the requested documentation.
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 level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service of 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.
227. Deputy Bernard J. Durkan asked the Minister for Justice her views on the retention of the Garda roster in place since the beginning of Covid-19 restrictions; if changes should be made so as to enable community gardaí to be out on the beat when they are needed as opposed to being out when they can as a result of the existing roster; and if she will make a statement on the matter. [29289/20]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible under provisions of the Garda Síochána Act 2005 for the management and administration of the Garda organisation. This responsibility includes decisions on distribution of resources and personnel. As Minister, I have no direct role in these matters.
It is however important to note that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in the course of carrying out their duties. To date, the official categorisation as a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others.
I am advised by the Garda authorities that on 12 March 2020, a direction from the Deputy Commissioner, Policing and Security, introduced a new temporary roster (COVID-19 contingency roster) which took effect as of 7am on 16 March 2020. This roster changed the number of working units from 5 to 4 units. The change to the roster was implemented as one of the Garda measures to assist in policing the public health guidelines to curb the spread of COVID-19 by maximising operational availability and delivery.
In addition to the four regular units, two supplementary units were established as part of this temporary roster. Members attached to these supplementary units were sourced from members attached to Divisional Specialist Units, Community Policing, administrative units, non-core duties etc. The purpose of these supplementary units is to provide additional resources and support during the busier daytime hours.
The Garda Commissioner has extended the current roster arrangements to 31 December 2020 pending ongoing negotiations with the Garda Associations and the work of the Rosters Working Group within An Garda Síochána.
I am satisfied that the Commissioner will ensure that any roster system is in line with the operational needs of An Garda Síochána, including the maintenance of visible policing and supporting communities around the country. It is also important that any such roster should support the health and welfare of members of An Garda Síochána as well provide value for public money.
228. Deputy Bernard J. Durkan asked the Minister for Justice the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [29307/20]
Amharc ar fhreagraTo maintain full confidentiality, it is not my Department's practice to comment on whether an application for asylum or subsidiary protection has been made in the State. An applicant for such international protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.
The IPO may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2, D02 ND99.
The IPAT may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
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.
229. Deputy Sean Sherlock asked the Minister for Justice the contracts with public relations agencies and consultants entered into by her Department; and the remit of these contracts including the costs in tabular form. [29357/20]
Amharc ar fhreagraDrury Porter Novelli, a public relations agency, has been engaged by my Department since January last year to provide public relations and communications support to the Balance for Better Business Review Group, an independent business-led Review Group established by the Government to improve gender balance in senior business leadership in Ireland, and supported in its work by the Department of Justice and Equality and by the Department of Business, Enterprise and Innovation.
The service provided by Drury Porter Novelli includes advice and assistance in respect to the overall communications strategy, ongoing communications support, and operation of a social media presence for the Balance for Better Business initiative.
They also support small scale public relations opportunities organised under the auspices of or in association with the initiative. The cost of this service to my Department is set out in the tabular form below:
|
PR Agency |
2019 |
2020 |
|
Drury Porter Novelli |
€41,922.33 |
€69,486.84 |
Please note that 2020 expenditure shown is for the period January-September 2020.
230. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if her attention has been drawn to the difficulties faced by Venezuelan citizens, such as a person (details supplied), who have been unable to apply for renewal of their Venezuelan passports due to the closure of the Venezuelan consulate and as a result are unable to renew visas such as a skill stamp 4 visa; if her attention has been further drawn to the example of the UK in which equivalent skills based visas are being automatically renewed for those with expired Venezuelan passports; if she will consider a similar scheme here; and the resolution she proposes to help support Venezuelans resident here access Irish visas and international travel documents. [29372/20]
Amharc ar fhreagraThe Immigration Service of my Department considers the renewal of an immigration permission of a person who does not hold a valid passport, if the person can give a satisfactory explanation of any circumstances that may prevent them from producing a valid passport. This is subject to all other aspects being in order. Each case is considered on its individual circumstances.
Applicants from Venezuela can utilise the online registration renewal system. My Department is aware of the current difficulties with procuring passports from Venezuela and an applicant should include a note to that effect when they apply.
231. Deputy Danny Healy-Rae asked the Minister for Justice the current waiting time for the processing of citizenship applications; the measures being taken to deal with the backlog of applications; if the case of a person (details supplied) will be addressed; and if she will make a statement on the matter. [29377/20]
Amharc ar fhreagraThe Citizenship Division of the Immigration Service of my Department recently contacted the person concerned requesting further documentation. Once this documentation is received the case will continue to be progressed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. The application will be submitted to me for decision as expeditiously as possible. If the person has a query in respect of their application, they should contact the Citizenship Division at: citizenshipinfo@justice.ie.
The granting of Irish citizenship through naturalisation under the provisions of the Irish Nationality and Citizenship Act 1956, as amended, 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. Our procedures are continually evolving including through service improvements due to the introduction of new technology and updated work practices.
In general, it takes around 12 months for a standard application to be processed from the date it is received to the date a decision is made. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. Completing the necessary checks can take a considerable period of time.
A legal challenge was taken in the High Court last year by an applicant who was refused a certificate of naturalisation due to his absences from the State during the last year continuous prior to the date of his application. The outcome of this ruling – which was subsequently successfully appealed to the Court of Appeal – resulted in significant delays to the processing of naturalisation applications last year. In addition, the restrictions caused by the COVID-19 pandemic have regrettably resulted in significant challenges to the delivery of normal services.
232. Deputy Niall Collins asked the Minister for Justice if she will consider correspondence (details supplied); and if she will make a statement on the matter. [29385/20]
Amharc ar fhreagraWhere all aspects of an international protection and permission to remain claim have been considered and refused, the person concerned is given a window of opportunity within which to exercise the option of voluntary return. Where this option is not exercised, and in circumstances where the person concerned has no separate basis to remain in the State, section 51 of the International Protection Act 2015 states that, subject to the provisions of section 50 of the same Act, the Minister shall make a Deportation Order.
If a Deportation Order is made, any material change in the relevant person’s circumstances can be brought to my attention through the means of a request, made under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. Any such request made is considered on its merits.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service of 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.
233. Deputy Sean Sherlock asked the Minister for Justice if she will provide information on a matter (details supplied). [29410/20]
Amharc ar fhreagraOrganisational details for my Department from Secretary General to Principal Officer level, inclusive, are available on the Government website, whodoeswhat.gov.ie (https://whodoeswhat.gov.ie/root/justice/). This includes information on the role of each individual and will be updated shortly to reflect recent changes and the upcoming transfer of functions from the Department.
During current COVID restrictions, with most members of staff working remotely, all officers can be reached by contacting the telephone number for the Department's headquarters at 01-6028202.
I will write to the Deputy with a list of Assistant Principal Officers and a breakdown of their titles or areas of work in the Department in the coming days.
234. Deputy Seán Haughey asked the Minister for Justice if she will release files in respect of reports from the C3 Division of An Garda Síochána, sent routinely to her Department by a person (details supplied) concerning information provided for the period 1969 to 1972, with particular reference to the importation of arms; her views on whether such files would be of interest to historians in view of the length of time which has since elapsed; and if she will make a statement on the matter. [29425/20]
Amharc ar fhreagraThe National Archives Act provides that departmental files are subject to consideration for release to the National Archives, where appropriate, and open to public inspection. I understand that many of the records relating to the Arms Trial were released to the National Archives in 2000.
While the Deputy will appreciate that some of the records could not be released because they contain sensitive Garda reports or potentially defamatory information, it should be noted that these files are subject to periodic review, including as to whether they should be released. As the Deputy is also aware, related matters were also the subject of reviews by the Attorney General and the then Minister for Justice in 2001. They were also debated in the House at that time.
As I recently informed the Deputy, it is not possible, given the current restrictions, to physically examine all of the remaining documents that exist in my Department. I gave a commitment to the Deputy that the files will be reviewed and will be released as appropriate.
In advance of any such review, it would not be appropriate for me to speculate on the nature of the records held nor their value to historians.
235. Deputy Cormac Devlin asked the Minister for Justice the arrangements for ILEP students and schools which were informed by a circular on 25 September 2020 that they would have to resume classes on a full-time, daytime, 15-hours-per-week, in-person basis from 12 October 2020; the advice that has been received from authorities in this regard in view of the public health position in Dublin; and if she will make a statement on the matter. [29431/20]
Amharc ar fhreagraMost English Language Education (ELE) providers have already resumed classes on a full-time, daytime, 15 hours per week, in-person basis.
The letter of 25 September 2020, aligned the position of my Department with the Department of Further and Higher Education, Research, Innovation and Science (DFHERIS) who are the lead on the issue of ELE providers and public health.
DFHERIS have confirmed that ELE providers should only reopen their classroom settings where they are satisfied that they have put appropriate arrangements in place consistent with appropriate national guidelines to ensure it is safe to do so in terms of their responsibilities to staff and their duty of care to students. That Department has continued to highlight the requirement for the sector and individual providers to put in place and drive the implementation in each setting of a cohesive plan detailing appropriate arrangements for the re-opening of ELE classes where owners assess that it is safe to so. It continues to engage with sectorial representatives bodies and staff representatives on this basis.
Both Departments will work with providers to confirm the necessary arrangements are being put in place to ensure staff and current students of those providers can return to the classroom safely and will continue to engage with providers who may have concerns about reopening their classrooms at this time. Obviously, the matter will be kept under review.
236. Deputy Michael Ring asked the Minister for Justice if progress has been made on a matter previously queried (details supplied); and if she will make a statement on the matter. [29471/20]
Amharc ar fhreagraFor reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for asylum or subsidiary protection has been made in the State. An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.
An applicant for international protection is awarded international protection, whether refugee status or subsidiary protection status, upon a declaration of status being issued from my Department. This is done on foot of a grant recommendation from the IPO or a decision of the IPAT to set aside a refusal recommendation of the IPO.
My Department processes the recommendations received from the IPO and the decisions of the IPAT in chronological order based on the date the file is received in that Unit. Once the necessary due diligence has been carried out by the Ministerial Decisions Unit (MDU), a declaration of status will issue as soon as possible.
An applicant for such protection status, or their legal representative, should contact the MDU which operates an email service for responding to queries - mduinfo@justice.ie. The MDU will then be in a position to advise in relation to the status of any decision on an application for asylum or subsidiary protection.
237. Deputy Holly Cairns asked the Minister for Justice the number of persons in direct provision; the number of households in direct provision; and if she will make a statement on the matter. [29505/20]
Amharc ar fhreagraThe State is obliged under domestic and international law to examine the application of anyone who arrives at the State to claim international protection. While we are examining their application, all applicants are offered accommodation and other supports such as healthcare, education for children and a weekly payment for personal expenditure. The provision of accommodation is demand-led, based on the number of applicants arriving to claim international protection and requiring accommodation.
My Department maintains statistics of the number of residents housed in each centre on a weekly basis. However, as the Deputy will appreciate, the configuration of each centre and the room make-up is constantly changing as new applicants are placed in accommodation; people with a status or permission to remain move to accommodation in the community; and transfers take place between accommodation centres.
The most up to date currently available data closest to that sought by the Deputy in respect of occupancy of our accommodation centres, including emergency accommodation, is as of 30 August 2020. At that time, there were 7,056 residents being accommodated, of whom 3,804 belonged to a family group. These 3,804 residents belonged to 1,185 individual family groups.
While the HSE advice is that non-family members sharing a room in congregated settings are considered to be a household during the COVID-19 crisis, my Department does not maintain data on the number of rooms. As the Deputy will be aware, the Department has ensured at this time that no more than three unrelated people are sharing a room in any of our centres and that will remain our policy when the COVID-19 crisis is over.
As of 4 October, 2020, there were 6,736 people accommodated by my Department. 5,532 people were accommodated in our 44 accommodation centres and a further 1,204 people were accommodated in 29 temporary accommodation locations in hotels and guest-houses. In addition, there were another 262 people residing in the Balseskin Reception Centre, bringing the total number of people accommodated to 6,998.
We have opened additional own-door accommodation in Galway City Centre in recent weeks and ceased using four other temporary accommodation premises. This in line with our aim to move people from temporary accommodation to fully serviced centres as soon as possible, as and when vacancies arise, or new accommodation comes on stream. Our priority continues to be to move families with children to independent living facilities and own-door accommodation.
238. Deputy Bernard J. Durkan asked the Minister for Justice if an appeal will be reinstated in the case of a person (details supplied); and if she will make a statement on the matter. [29545/20]
Amharc ar fhreagraThe immigration case of the person concerned was considered under section 3(6) of the Immigration Act 1999 (as amended), which resulted in a Deportation Order being made in respect of them on 24 February 2020. Notification of that Order was issued by registered post dated 19 August 2020. That communication also advised the person concerned of the requirement that they present to the Garda National Immigration Bureau (GNIB) on 19 September 2020, to make arrangements for their removal from the State. I am advised that they failed to do so.
The effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain outside of the State. The enforcement of the Deportation Order made in respect of the person concerned is now an operational matter for the GNIB.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service of 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.
239. Deputy Bernard J. Durkan asked the Minister for Justice the options available to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [29548/20]
Amharc ar fhreagraBased on the information supplied it was unfortunately not possible to correctly identify the person referred to by the Deputy. If more information can be provided, my officials will re-examine the Deputy's request.
To be of some assistance, I have set out some general information below and further details are also available on the Immigration Service website www.inis.gov.ie.
Where a person enters the state on a spousal permit, as the spouse of an Irish National, they are required to present at their local registration office and present identity and marriage documents to comply with the requirements for registration. Failure to so will result in the person having no permission to remain in the State.
