Written Answers Nos. 325-344
327. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons in direct provision; the number of these living in independent living units with facilities to cook their own food; if an open and fair complaints procedure has been put in place; the other reforms carried out to the system in the past year; and if he will make a statement on the matter. [35755/21]
Amharc ar fhreagraAs of Sunday 27 June 2020 there were 6465 persons being accommodated by the International Protection Accommodation Service (IPAS) of my Department. Of this number 70.6% (4564) are being accommodated in centres that provide independent living facilities that include cooking facilities and 33.38% (2158) have own-door access to their accommodation.
As the Deputy will be aware, I have now published a “White Paper to End Direct Provision and to establish a new International Protection Support Service”. The White Paper sets out a new Government policy to establish a new International Protection Support Service which I envision will be fully operational by December 2024.
As we transition to the new system, in order to meet our legal obligations to provide accommodation and other support services for protection applicants, existing accommodation centres will continue to operate in the short to medium term; as such my Department currently utilises a mixture of state owned, commercial and temporary emergency accommodation centres.
The past year has seen a number of changes implemented by my Department as we work towards improving the facilities available in all dedicated accommodation centres to allow for greater independence for residents, allowing them to cook for themselves and have more family spaces. It is expected that, in the coming years, all families will be in some form of own-door accommodation that will meet their needs better than the current congregated accommodation.
There is an open and fair complaints procedure set out in the House Rules & Procedures Booklet for International Protection applicants. Complaints are made initially to the centre manager with a view to informal resolution. If the person concerned is not satisfied with the outcome of their complaint, he or she may make a complaint to IPAS who will investigate the matter and take action as appropriate. In the event that a resident is not satisfied with how his or her complaint is dealt with, he or she has full access to the services of the Ombudsman and Ombudsman for Children. In addition, a new dedicated Customer Services Team has also been recently been established in IPAS and, as well as strengthening the existing resident complaints system, this team will be taking a more proactive approach to dealing with residents' issues, actively engaging with residents through customer feedback mechanisms and focus groups in the months ahead.
A confidential Freephone telephone support service was also introduced last year to provide further support to all residents. The Freephone helpline is operated by the Jesuit Refugee Service (JRS). If a resident wishes, a complaint made through this service may be passed, in confidence, to IPAS for investigation and resolution.
A Vulnerability Assessment process is currently being piloted by the IPAS. The pilot commenced in December 2020 and was extended to all new applicants for international protection from the beginning of February. The purpose of these assessments is to determine if, by virtue of a particular category of vulnerability, an applicant is deemed to have special reception needs, what those needs are and what actions are required to address those needs. IPAS assess the vulnerability of everyone who makes an application for international protection to the International Protection Office (IPO). Where an application includes children of an applicant, IPAS also assess their vulnerability in an appropriate manner.
A new Resident Welfare Team has been established which is a multi-disciplinary team with officials seconded from the HSE, Tusla and the Department of Education and focuses on case management of residents identified as particularly vulnerable. IPAS is also currently reviewing all of its operational policies to identify areas where there may still be gaps in terms of formally outlining how we meet the needs of our very diverse range of customers. A new IPAS website is expected to go live in early July and all operational policies developed to date will be published on that website.
328. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth the accommodation arrangements made for applicants for international protection in County Galway who are working as front-line workers during the Covid-19 pandemic; if he is satisfied that this accommodation is suitable to them taking into account the work they are doing; and if he will make a statement on the matter. [35764/21]
Amharc ar fhreagraThe onset of the Covid-19 pandemic presented challenges to maintaining the health and safety of residents living within International Protection Accommodation Service (IPAS) as it did for the country as a whole.
In order to safeguard our residents, specific measures were put in place by IPAS in close collaboration with the HSE from the outset of the pandemic. These measures were first implemented at the time that country-wide restrictions were imposed in March and April 2020. IPAS continues to work closely with the HSE to ensure that all appropriate measures are taken for the safeguarding of IPAS residents.
One of the measures introduced was a HSE operated accommodation scheme for all healthcare workers, which can be availed of by IPAS residents. Queries in relation to any premises currently being operated by the HSE for the housing of frontline healthcare workers are matters for the HSE.
A number of other measures were taken as part of the pandemic response which include:
- Provision for self-isolation facilities centres and offsite self-isolation?.
- Increased capacity to support physical and social distancing ensuring no more than 3 non-related persons share a bedroom?. This is now a permanent policy in IPAS.
- Enhanced cleaning regimes and provision of PPE to all accommodation centres?.
- Regular communications and information on public health advice to residents and centre managers?, both on the IPAS website and through resident newsletters.
- Cocooning of all medically vulnerable and over 65 residents?,
My officials in IPAS have at all times cooperated fully with the HSE in respect of any testing that Public Health may decide to undertake. Any resident who tests positive is moved offsite for self-isolation, along with their close contacts in the centre, until such time as the HSE considers that they can safely return to their centre. The HSE operates two off-site facilities and IPAS has also provided one isolation centre.
329. Deputy Paul Kehoe asked the Minister for Further and Higher Education, Research, Innovation and Science the amount it costs to run the HEAR and DARE initiatives on an annual basis; and if he will make a statement on the matter. [35433/21]
Amharc ar fhreagraThe management and operation of DARE and HEAR are undertaken jointly by the IUA and the CAO. The IUA is responsible for both the criteria and HEIs participation in DARE and HEAR. The CAO is responsible for the operational aspects of DARE and HEAR (including the application, assessment and communications).
The Department of Further and Higher Education, Research, Innovation and Science has no direct role in the running costs for these schemes. It is however understood that the cost of the IUA's part of the roll out of the schemes is circa €100,000 pa and the cost of the elements organised by CAO is circa €300,000.
330. Deputy Paul Kehoe asked the Minister for Further and Higher Education, Research, Innovation and Science the amount that has been allocated to fund the National Plan for Equity of Access to Higher Education 2021-2026; and if he will make a statement on the matter. [35434/21]
Amharc ar fhreagraThe overall vision of the National Access Plan is to ensure that the student body entering into, participating in and completing higher education at all levels reflects the diversity and social mix of Ireland's population.
The Plan identifies the target groups that are currently under-represented in higher education. These include entrants from socio-economic groups that have low participation in higher education, Irish Travellers, students with disabilities, first time mature student entrants, part-time/flexible learners and further education award holders. Lone parents are also included in this grouping.
Public consultation process on the new National Access Plan 2022 -2026 closed on 8th June 2021. All interested parties were invited to make their views known on this matter and other matters related to access to higher education particularly for groups who are underrepresented in the higher education population.
Individual stakeholder meetings is on-going with other Government Departments and will be on going over the coming weeks. It is planned to have the new NAP published at the end of 2021.
All proposals made in relation to the National Access Plan for Equity of Access to Higher Education including expenditure for the duration of the plan will be considered in the context of the estimates process in line with the annual Budget.
331. Deputy Paul Kehoe asked the Minister for Further and Higher Education, Research, Innovation and Science the European funds that contribute to higher and further education in Ireland; if any contribute towards improving access to further and or higher education opportunities for persons with disabilities; and if he will make a statement on the matter. [35435/21]
Amharc ar fhreagraThe further and higher education sectors in Ireland are supported by a range of EU funds. The Horizon Programme plays a critical role supporting research and innovation in the sector, while the Erasmus Programme supports student and staff mobility as well as cross border cooperation projects. The European Regional Development Fund (ERDF) has also supported the development of research and technological innovation in Ireland through the SFI Research Centres and Spokes Programme and developing stronger links between industry and higher education institutions.
The European Social Fund (ESF) Operational Programme for Employability, Inclusion and Learning 2014-2020 supported a range of programmes in the further and higher education sector, including Youthreach and Community Training Centres; Adult Literacy; the Back to Education Initiative; ETB Training for the Unemployed and Third Level Access.
Details of EU funding in Ireland are available at www.eufunds.ie.
While people with disabilities are participating in the range of programmes supported by the ESF, the purpose of the Third Level Access Fund for Students with Disabilities is to assist higher education institutions in ensuring students with disabilities have the necessary assistance and equipment to enable them access, fully participate in and successfully complete their chosen course of study.
A Partnership Process Steering Group has been established to assist and advise the programming authorities throughout the development process for the Partnership Agreement and the various Cohesion Policy Programmes (including the ERDF and ESF+) for the 2021 – 2027 funding round. A Needs Analysis was conducted by Indecon Economic Consultants to provide the evidence base for the future ESF+ and ERDF programmes and a public consultation process was undertaken last year.
The European Commission highlighted the need to support and develop services to improve the employment situation of people with disabilities in its investment guidance on cohesion policy funding for Ireland in 2021-27. The needs analysis also advocates that ESF+ funding should be directed towards labour market programmes and training programmes aimed at improving employment access for this group. Work is ongoing on the draft Partnership Agreement and draft Operational Programmes with a view to Government Approval and formal submission to the Commission later in 2021.
332. Deputy Denis Naughten asked the Minister for Further and Higher Education, Research, Innovation and Science if he plans to increase the SUSI rates available for postgraduate students; and if he will make a statement on the matter. [35447/21]
Amharc ar fhreagraThe main support available to assist postgraduate students with the cost of attending higher education is the Student Grant Scheme and the Programme for Government committed to addressing the gap in postgraduate grants. From September 2021, the postgraduate fee grant will increase to €3,500 from €2,000. This increase will allay some of the costs for postgraduate study and would give greater certainty for students in terms of supports. In addition the fee income threshold will increase to €54,240 from €31,500 from September 2021.
Under the Student Grant Scheme 2020, a student in receipt of a postgraduate research award where the stipend portion of the award does not exceed €16,000 may apply to the centralised student grant awarding authority SUSI (Student Universal Support Ireland) for financial assistance under the Student Grant Scheme. This has been increased to €18,500 under the Student Grant Scheme 2021.
The Programme for Government contains commitments to, among other things, review SUSI eligibility criteria, adjacency rates and postgraduate grant supports. On foot of these commitments Ministerial approval was given to commence a review of the Student Grant Scheme.
The review is being conducted by external research/policy consultants Indecon International Economic Consultants. A Steering Committee has been established to provide direction for the external consultants undertaking the review. Its membership includes: the Union of Students of Ireland; Student Universal Support Ireland (SUSI), SOLAS, the HEA; Irish University Association (IUA); Technological Higher Education Association (THEA); Technological University Dublin (TUD), the Department of Social Protection and officials from my Department. A public consultation and student survey have been carried out as part of the review and the consultants are carrying out their analysis of the data captured in the surveys. The findings will inform policy priorities for the next Estimates process and future considerations regarding the development of student grant policy.
Apart from the Student Grant Scheme, the Deputy will be aware that last July I announced a funding package of €168m for the return to education. This package includes a €10m access support package for higher education students. I approved the allocation of €8.1m of this funding to top up the Student Assistance Fund (SAF). The SAF assists students in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Institutions have the autonomy to maximise the flexibility in the Student Assistance Fund to enable HEIs to support students during the COVID-19 situation. 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.
In addition, tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education including approved undergraduate and postgraduate courses in EU Member States and in non-EU countries. Further information on this tax relief is available from a student's local Tax office or from the Revenue Commissioners website www.revenue.ie.
333. Deputy Colm Burke asked the Minister for Further and Higher Education, Research, Innovation and Science if there are plans to decrease the cost of college fees if courses continue to be conducted online for the upcoming academic year; and if he will make a statement on the matter. [35583/21]
Amharc ar fhreagraWhile Ireland is operating on the Plan for Living with COVID all further and higher education institutions delivered the majority of their classes online with only essential activities held on site. I are keenly aware and appreciate that the COVID impacts and activities are disappointing for students who had hoped to have as much time on campus as possible, these measures are necessary to support halting the spread of the Coronavirus.
Following Government approval, the Minister has published A Safe Return: Plan for a safe return to on-site Further and Higher Education and Research in 2021/22. The Safe Return Plan can be accessed here: www.gov.ie/en/publication/bcd91-a-safe-return-to-on-site-further-and-higher-education-and-research/
The Plan reflects the essential nature of higher and further education and training, and research activities, and in that context, provides for comprehensive on-site activity for the next academic year, with almost full scale on-site activities.
At a very minimum, workshops, tutorials, classroom based activities and smaller lectures will be allowed and libraries, research facilities and labs will be opened. Institutions and providers will continue to put in place plans to ensure that the overall number of people on campus at a given time continues to be moderated.
Higher Education Institutions are autonomous institutions as provided for in legislation and are responsible for their own academic affairs. Therefore, the determination of the total level of tuition fees is a matter for each institution in accordance with its own particular operational conditions and circumstances in ensuring quality education provision.
In general there is a real requirement in these exceptional times to have a responsive approach to student needs wherever possible and it is important to acknowledge that HEIs have to date shown enormous willingness to be responsive in numerous ways. Students are encouraged to engage with their institution to discuss any issues in relation to their course, including course delivery and fees.
In considering fees, it is important to note that the State currently provides very substantial financial support to undergraduate students in higher education towards the cost of their studies. This support has played a very significant role in facilitating access to and growth in higher education. What was previously the preserve of a relatively small proportion of the school leaving population is now much more widely available, as reflected in the current transfer rate from second to third level.
This commitment is demonstrated through the Free Fees Schemes under which the Exchequer currently contributes €340m to meeting the tuition fee costs of eligible undergraduate students in higher education.
All students eligible for the scheme receive state support whereby the Exchequer pays the cost of tuition fees exclusive of the student contribution. In addition, the Exchequer pays the student contribution of €3,000 per annum in full or part, through SUSI, for approximately 44% of students eligible for free fees at a cost of over €180m.
In response to the immediate impacts of the COVID-19 pandemic on our students and in recognition of the challenges facing full time third level students, financial assistance was provided in academic year 20/21 to all students who avail of SUSI grants and to all EU full-time undergraduate and postgraduate students attending publicly funded Higher Education Institutions in the state.
Under this initiative students who avail of the SUSI grant received a €250 top-up in their grant and students who do not avail of the grant but attend publicly funded Higher Education Institutions in the state could reduce by €250 any outstanding student contribution fee payments or receive a €250 credit note for their institution.
This builds on the additional supports announced in July 2020 including a doubling of the Student Assistance Fund, a €15 million technology fund for devices for students in further and higher education and an additional €3m provided for investment in supports for mental health services and well-being initiatives.
Students 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. Information on the fund is available through the Access Office of the institution attended. The fund is administered on a confidential, discretionary basis.
334. Deputy David Cullinane asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of an additional 100 undergraduate nursing places; and if he will make a statement on the matter. [35637/21]
Amharc ar fhreagraThe Higher Education Authority (HEA) has a Recurrent Grant Allocation Model (RGAM) which allocates core recurrent funding to institutions. The grant is allocated as a block recurrent grant and the internal allocation of this grant is a matter for each institution.
In the case of nursing students, State grant and fees are paid separately from ring-fenced Nursing funding (i.e. nursing students are not included in the RGAM). The HEA currently pays a fee rate of €4,106 per eligible student and an average grant per student of c.€3,350. These students are liable to make payment of the Student Contribution of €3,000 annually. Eligible students may have the student contribution fully or partially paid on their behalf under SUSI.
Please find attached a spreadsheet detailing the estimated additional cost to the Higher Education Authority (HEA) for increasing the number of undergraduate nursing places by 100 students.
Please note the following:
- The attached represents the estimated additional cost to the HEA (excluding the €3,000 student contribution – some students may be eligible to have this paid under SUSI) using an average cost of €7,500 per student per year. This represents an average of funding currently provided by the HEA for grant and fees for nursing undergraduate places
- The attached excludes any rostered placements salaries– the costs of this fall on the Department Health /HSE.
- There may be other costs that fall to the Department of Health/HSE.
- The attached shows just the cost for one cohort of an additional 100 nursing students.
|
Estimate cost per student |
€7,500 per student per annum |
||||||
|
100 students |
|||||||
|
Extra Enrolments |
Year 1 |
Year 2 |
Year 3 |
Year 4 |
Total |
Estimated Cost |
|
|
2021/22 |
100 |
100 |
€750,000 |
||||
|
2022/23 |
100 |
100 |
€750,000 |
||||
|
2023/24 |
100 |
100 |
€750,000 |
||||
|
2024/25 |
100 |
100 |
€750,000 |
||||
|
€3,000,000 |
|||||||
Note: excludes €3,000 student contribution (which may be paid by SUSI) and other costs (e.g. rostered placements salaries) which may fall on Dept Health/HSE.
335. Deputy Denise Mitchell asked the Minister for Justice if she plans to amend section 30 of the Data Protection Act 2018 to prevent targeted advertising to children or to produce a similar piece of legislation with the same purpose and if she will make a statement on the matter. [28423/21]
Amharc ar fhreagraThe Deputy will appreciate that the General Data Protection Regulation (GDPR) is an EU wide instrument and Member States including Ireland cannot deviate from its provisions, nor will guidelines supersede that position.
Commencement of section 30 of the Data Protection Act 2018, raises serious matters, including the risk of infringement proceedings and the potential for significant penalties against the State. The processing of personal data for marketing and profiling purposes takes place under the so-called “legitimate interests” ground in Article 6.1(f) of the GDPR, with the case law of the European Court of Justice underlining the importance of free movement of personal data and establishing that Member States are not permitted to impose additional conditions that would have the effect of amending the scope of any of the grounds now set out in Article 6.1 of the GDPR.
The Office of the Attorney General has also advised my Department that section 30 of the 2018 Act appears to go beyond the margin of discretion afforded to Member States in giving further effect to the GDPR and would conflict with Article 6(1) (f), read alongside Recital (47).
Put simply, it is not an option for a Member State to unilaterally prohibit a category of processing activities which might otherwise be lawful under Article 6.1(f). The commencement of section 30 could, therefore, give rise to a substantial risk of infringement proceedings against the State pursuant to Article 258 of the Treaty on the Functioning of the European Union.
The European Commission has also confirmed that processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest and that Article 6(1) (f) of the GDPR does not make the processing of personal data of a child for the purposes of direct marketing unlawful.
The Commission also indicated that subject to Article 22 (automated decision-making), processing of personal data of a child for the purposes of profiling is not generally prohibited, albeit the processing must take into account that children merit specific protection as clarified in recital (38).
Moreover, the Commission have indicated that the term "micro-targeting", as referenced in Section 30 of the Act, is not mentioned in the GDPR, as such its scope remains uncertain and undefined.
Apart from this apparent conflict with the GDPR, the Office of the Attorney General has advised that section 30 gives rise to difficulties under Article 38.1 of the Constitution and under Article 7 of the European Convention on Human Rights. Article 38.1 provides that no person shall be tried on any criminal charge save in due course of law. In order for a domestic offence provision to comply with Article 38.1, it must be clear, precise and foreseeable in its application. It is not clear under section 30 what might constitute the processing of personal data of a child for the purposes of micro-targeting. It is also a requirement under Article 7 of the Convention that offence provisions must be sufficiently clear and precise so as to enable individuals to ascertain which conduct constitutes a criminal offence and to foresee the consequences of engaging in such conduct.
Officials in my Department are keeping this specific issue under review. The Deputy will also appreciate that my Department has no role in the wider regulation of advertising or broadcasting.
336. Deputy Brendan Howlin asked the Minister for Justice when an application for citizenship by a person (details supplied) will be determined. [35429/21]
Amharc ar fhreagraAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 10 March 2021.
This application for naturalisation continues to be 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 in due course.
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.
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.
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 at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
337. Deputy John Lahart asked the Minister for Justice if she will respond to correspondence (details supplied) arising under proposals to regularise undocumented migrants; and if she will make a statement on the matter. [35431/21]
Amharc ar fhreagra351. Deputy Ged Nash asked the Minister for Justice if the circumstances of undocumented persons (detail supplied) is intended to be covered by the provisions of the new regularisation scheme; and if she will make a statement on the matter. [35597/21]
Amharc ar fhreagraI propose to take Questions Nos. 337 and 351 together.
Proposals for the draft scheme to regularise undocumented migrants are being developed in line with the commitment in the Programme for Government to bring forward a regularisation scheme within 18 months of the formation of the Government, to create new pathways for long-term undocumented people and their dependents. Applicants will need to meet specific criteria and these will be formed with a clear consideration of Ireland's European Union (EU) and Common Travel Area (CTA) commitments.
Our consultation process on the proposed scheme has provided an opportunity for stakeholders to express their views on the proposed approach to the scheme. My Department continues to work to finalise the details, including eligibility considerations and qualifying criteria, and to manage the practical aspects to enable applications to be made. The specific qualifying criteria will be guided by, among other things, the learning from previous regularisation schemes, such as the 2018 Student Scheme, and schemes operated by other EU Member States.
As outlined in the Justice Plan 2021, the scheme will be opened to applications before the end of year.
338. Deputy Pa Daly asked the Minister for Justice her views on the matter of coroners charging families for reports on their deceased relatives. [35437/21]
Amharc ar fhreagraCoroners are independent quasi-judicial office holders located in districts around the country. Their statutory function is to investigate sudden and unexplained deaths so that a death certificate can be issued. This is an important public service in particular to next-of-kin and friends of the deceased.
Section 29 of the Coroners Act 1962 requires that certain documents relating to inquests, including reports of post-mortem examinations made in pursuance of the Act and every record of the verdict returned at an inquest, are preserved by coroners. The section also provides that a coroner shall provide a copy of any such document preserved by them, and that a coroner may charge for a copy such fee as may be prescribed.
339. Deputy Martin Browne asked the Minister for Justice the number of cancelled 999 calls by Garda division and by the subject of the cancelled calls by division in tabular form; and if she will make a statement on the matter. [35443/21]
Amharc ar fhreagraI welcome the apology that was made by the Garda Commissioner last week and the Commissioner has assured me that when someone calls 999 now, they can expect and trust that An Garda Síochána will help. That should of course always be the case.
As the Deputy will be aware, the Policing Authority, at the request of Minister McEntee, is overseeing the Garda review of this matter, and this work is ongoing. Once the Authority has completed its work, I will examine its conclusions, and any action that needs to be taken on foot of that report will be taken.
I am advised by the Garda authorities that calls for service to An Garda Síochána are processed through a Computer Aided Dispatch (CAD) system. These calls are channelled through the emergency call service to one of the four regional control rooms located in Dublin, Galway, Cork and Waterford. Such calls also include referrals from other emergency services or calls made to individual Garda stations. There are four categories for calls: Emergency, Priority 1, Priority 2 and Priority 3.
The Garda review of this matter, and the Authority's oversight of it, is ongoing and I am advised that further data will be available as the review progress. The Garda authorities have, however, provided me with the information in the table below, in relation to the number of CAD incidents nationally with a categorisation of Emergency or Priority 1, from 1 January 2019 to 31 April 2021.
|
01 Jan 2019 - 31 Oct 2020 |
% |
1 Nov 2020 - 30 Apr 2021 |
% |
|
|
Emergency CAD incidents (highest priority) |
12385 |
3355 |
||
|
Priority 1 CAD incidents |
163788 |
41480 |
||
|
Emergency incidents with closure status "cancelled" |
766 |
6.2% |
120 |
3.6% |
|
Priority 1 incidents with closure status "cancelled" |
22595 |
13.8% |
2694 |
6.5% |
(The Garda authorities further advise me that CAD changes introduced from 1 November 2020 placed restrictions on how CAD incidents could be closed.)
340. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to regularise status in the case of a person (details supplied); and if she will make a statement on the matter. [35506/21]
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.
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.
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 (inisoireachtasmail@justice.ie) 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.
341. Deputy Réada Cronin asked the Minister for Justice if she has raised with An Garda Síochána, the situation whereby children would have been in the number of 999 calls rejected; the number of children calling 999 in each of the past three years in tabular form; and if she will make a statement on the matter. [35520/21]
Amharc ar fhreagraI welcome the apology that was made by the Garda Commissioner last week and the Commissioner has assured me that when someone calls 999 now, they can expect and trust that An Garda Síochána will help. That should of course always be the case.
Any inappropriate cancellation of 999 calls is a very serious issue. This falls significantly below the high standards that the public expect from the Gardaí and the high standards that An Garda Síochána set for themselves. I am particularly concerned that anyone in a vulnerable position, including children, who summoned the courage to seek assistance may not have received it.
On foot of a request from Minister McEntee, the Policing Authority is overseeing the Garda review into this matter, which is ongoing. Once the Authority has completed its work, I will examine its conclusions, including insofar as it identifies calls from children as being amongst those cancelled. Any action that needs to be taken on foot of that report will be taken.
More generally, I am informed by the Garda authorities that the Garda response to those contacting An Garda Síochána seeking assistance is governed by policy and procedures which recognise the specific requirements of children and young people. I am further advised, however, that the Computer Aided Dispatch (CAD) system, which is used to dispatch the appropriate available Garda response to emergency calls, does not record the age or any demographic details about the caller, and as such the breakdown requested by the Deputy cannot be provided. Any data which is gathered as part of the ongoing review will of course be made available in due course.
342. Deputy Réada Cronin asked the Minister for Justice the cost of the free legal aid scheme for criminal justice in 2021 and in each of the past five year in tabular form; the number of cases involved in each; and if she will make a statement on the matter. [35522/21]
Amharc ar fhreagraThe Criminal Justice (Legal Aid) Act, 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings.
Under the Scheme, the courts, through the judiciary, are responsible for the granting of legal aid.
An applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal aid themselves. The 1962 Act specifies that the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid.
Criminal prosecutions originate in the District Court and if so satisfied, the Judge will grant a criminal legal aid certificate.
It is not possible to provide the number of cases involved under the Criminal Legal Aid Scheme for each of the years 2016 to 2021.
Figures are not kept in such a way as to be able to provide a breakdown of the number of cases where Criminal Legal Aid was granted.
Expenditure on the main Criminal Legal Aid Scheme for each of the years 2016 to 2021 (to end May) was as follows:
|
Year |
Expenditure |
|
2016 |
€52.9 m |
|
2017 |
€58.1 m |
|
2018 |
€64.8 m |
|
2019 |
€65.1m |
|
2020 |
€62.2 m |
|
2021 (to end May) |
€26.6 m |
343. Deputy Mairéad Farrell asked the Minister for Justice further to section 41 of the Garda Síochána Act 2005 (details supplied), if she is satisfied that the Garda Commissioner has fulfilled their duty in view of the recent issue with the cancellation of more than 22,000 category 1 999 emergency calls; and if she will provide the reports which she received from the Commissioner in respect of same. [35528/21]
Amharc ar fhreagra344. Deputy Mairéad Farrell asked the Minister for Justice if there was any additional information relating to the cancellation of category 1 999 emergency calls provided by the Commissioner to her between October 2020 and May 2021. [35529/21]
Amharc ar fhreagraI propose to take Questions Nos. 343 and 344 together.
I welcome the apology that was made by the Garda Commissioner last week and the Commissioner has assured me that when someone calls 999 now, they can expect and trust that An Garda Síochána will help. That should of course always be the case.
An Garda Síochána wrote to the Secretary General of my Department on 4 December 2020 to inform the Department that a number of 999 calls had been cancelled on the AGS Computer Aided Dispatch (CAD) system and that An Garda Síochána was carrying out a review of the reasons behind this. The correspondence did not make explicit reference to section 41 of the Garda Síochána Act but was of course in keeping with the overall requirement of that section to keep the Minister and the Secretary General fully informed of matters of significance. The Commissioner wrote to me with an update on 16 June.
As the Deputy will be aware, the Policing Authority is, at the request of Minister McEntee, overseeing the review being carried by An Garda Síochána in relation to this matter, and there have been a number of engagements between the Authority and An Garda Síochána in this regard. I have also been briefed by both the Commissioner and the Chair of the Authority.
Once the Authority has completed its work, I will examine its conclusions and take any action that needs to be taken on foot of its report.
