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Gnáthamharc

Tuesday, 5 Oct 2021

Written Answers Nos. 502-524

Further and Higher Education

Ceisteanna (506)

Cormac Devlin

Ceist:

506. Deputy Cormac Devlin asked the Minister for Further and Higher Education, Research, Innovation and Science if all further educational institutes are required to devise and submit strategic and development plans for their campus; and if he will make a statement on the matter. [47678/21]

Amharc ar fhreagra

Freagraí scríofa

Strategic Performance Agreements between SOLAS and each of the 16 Education and Training Boards (ETBs), set out Further Education and Training (FET) direction and commitments over a three year period, including each ETB’s contribution to national FET system targets. The agreements stipulate how ETBs will deliver on national policy and strategies while reflecting the evolving social and economic needs of the region. The Strategic Performance Agreements have supported the shift to a more strategic, integrated, quality and outcomes-focused approach in FET.

The new National Development Plan (NDP) provides for a major step up in capital funding for the FET sector with an increase from less than €20m last year to approximately €100m by 2025. While the previous NDP marked a turning point with the introduction, for the first time, of a dedicated capital envelope for the FET sector, the new NDP will enable a transition to a more ambitious and strategic approach to the development of FET infrastructure. The new NDP will support the development of FET Colleges of the Future, to consolidate high quality provision in key locations, while retaining a strong community-based presence. Significant planning work and capacity development is required to underpin this major programme of FET investment, including by ETBs. My Department is working with SOLAS to build up the structures to enable strategic planning for a capital programme for the FET sector.

Third Level Costs

Ceisteanna (507)

Cormac Devlin

Ceist:

507. Deputy Cormac Devlin asked the Minister for Further and Higher Education, Research, Innovation and Science the supports that are available to students who have recommenced first year at universities after difficulties with Covid-19 in 2020; if there is standard guidance to universities; if his attention has been drawn to reports of some institutions charging full tuition fees such as in the case of a person (details supplied) whereas others are only charging the student registration fee; and if he will make a statement on the matter. [47679/21]

Amharc ar fhreagra

Freagraí scríofa

Under the Department’s Free Fees Initiative (FFI), the Exchequer provides funding toward the tuition fee costs of eligible undergraduate higher education students. All students eligible for the scheme receive state support whereby the Exchequer pays the cost of tuition fees exclusive of the student contribution.

Under the terms of the FFI, tuition fee funding is not typically provided for any repeat period of study at the same year level.

Cognisant of the leaving certificate 2020 process, arrangements have been put in place to extend the scheme criteria to allow for a repeat period of study in 21/22 where a FFI eligible student receives an uplifted deferred place having sat the 2020 exams.

This extension applies to 20/21 free fees eligible students:

- that started in year one of an undergraduate course in 20/21 based on 2020 calculated grades;

- the student subsequently receives an uplifted deferred place for the 21/22 academic year (based on the 2020 CAO application) having sat the 2020 Leaving Certificate examinations;

- departs their original course and transfers to their new higher choice course of study in 2021/2022.

Free fees eligible students who transfer courses in 2021/2022, in the circumstances outlined above, will remain eligible for free fees for the second period of study and Higher Education Institutions have been advised of the position.

An individual student's eligibility for the scheme, is assessed by the institution in accordance with the terms of the scheme and the covid exemptions authorised by my Department. Where an institution determines a student is not eligible for free fees the student should be advised of the reason for such a determination. A student can appeal the decision of an institution directly with the institution in relation to their application.

Where undergraduate students do not meet the qualifying criteria for the scheme in order to qualify for funding under the Free Fees Initiative they are required to pay tuition fees in full to their higher education institution. It is a matter for the higher education institution as an autonomous body to determine the applicable fee rate for students.

If following appeal to the institution the student considers that the terms of scheme have been unfairly applied, the student can request the Institute to liaise with the HEA and my Department Officials to establish the correct interpretation of the qualifying criteria of the Free Fees Scheme.

Programme for Government

Ceisteanna (508)

Alan Dillon

Ceist:

508. Deputy Alan Dillon asked the Minister for Further and Higher Education, Research, Innovation and Science the status of programme for Government commitments (details supplied); if they have been completed; if not, the timeline on their progress; and if he will make a statement on the matter. [48008/21]

Amharc ar fhreagra

Freagraí scríofa

Under Section 38 of the Teaching Council Act, initial teacher education (ITE) programmes are subject to review and accreditation by the Teaching Council, for registration purposes. New ITE programme standards (entitled ‘Céim: Standards for Initial Teacher Education’) and new post-primary subject curricular requirements were published by the Teaching Council in November 2020.

The Standards set out essential requirements for ITE programmes across foundation studies, professional studies and school placement. The Standards state that professional studies shall develop the pedagogical expertise of student teachers, including subject specific pedagogical content knowledge.

All new programmes submitted to the Teaching Council for accreditation must now be in alignment with Céim and all existing ITE programmes must be realigned in accordance with Céim for commencement in September 2022 for first year student teachers.

Revenue Commissioners

Ceisteanna (509)

Dara Calleary

Ceist:

509. Deputy Dara Calleary asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to a settlement between a State agency (details supplied) and the Revenue Commissioners; if there are any agencies under his Department’s remit that have had a similar issue or have made a settlement with the Revenue Commissioners in relation to any issue in the past five years; and if he will make a statement on the matter. [48025/21]

Amharc ar fhreagra

Freagraí scríofa

During a self-review of invoices by Quality & Qualifications Ireland (QQI) undertaken in 2018 prior to the finalisation of the 2018 financial statements, it was identified that QQI had not been operating the reverse charge mechanism on VAT correctly in prior periods. QQI made a voluntary self-disclosure to the Revenue Commissioners and all due VAT amounts were paid in February 2019. The total settlement amounted to €813,327 (incl. of VAT, Interest & Penalties). This settlement was noted in the 2018 Chairpersons Comprehensive Report and the 2018 Financial Statements for QQI.

The remaining agencies under my remit have confirmed that they have had no similar issues to those referred to by the Deputy, nor have they made any settlements with the Revenue Commissioners.

Prison Service

Ceisteanna (510)

Peadar Tóibín

Ceist:

510. Deputy Peadar Tóibín asked the Minister for Justice if former prisoners (details supplied) had been given extra money by the prison to help them re-enter society; if this extra money was used to buy drugs; and the steps taken to ensure that such funds do not get spent on drugs. [47591/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it would not be appropriate for me to comment on the specifics of any services or supports provided to individual persons in custody or on release.

However, I am advised by my officials in the Irish Prison Service that, in general, all prisoners receive the balance of their own funds in their prison account on release. In addition, prior to release, assistance may be requested by prisoners to support them upon their release, which can be provided to them as appropriate from a Hardship Fund that is available to support prisoners during their time in prison and on release. All requests for assistance are considered on an individual basis and look at the length of time in custody, money lodged externally, the immediate needs of the prisoner and other relevant considerations. The amounts disbursed are typically very modest in nature.

It is the aim of the Prison Service that all releases from Irish prisons and places of detention are planned releases to ensure the informed and effective transition of the offender from prison to the community in compliance with statutory, legal and sentencing provisions.

The Prison Service works in partnership with other state agencies to enhance inter-agency arrangements to ensure that every reasonable effort is made to assist a prisoner to access and make arrangements for accommodation, and to ensure that they have appropriate welfare and health supports prior to and after their release.

Departmental Investigations

Ceisteanna (511)

Peadar Tóibín

Ceist:

511. Deputy Peadar Tóibín asked the Minister for Justice if she will address the case of a person (details supplied). [47592/21]

Amharc ar fhreagra

Freagraí scríofa

I wish to refer the Deputy to the recent email responses sent to him from Minister Humphreys and from me, both of which issued on 1 October 2021. The position as outlined in these communications remains unchanged.

Departmental Inquiries

Ceisteanna (512, 513)

Patrick Costello

Ceist:

512. Deputy Patrick Costello asked the Minister for Justice the details of any inquiry into the allegations made by an organisation in its mission to Ireland in 1977 which specifically references the case of a person (details supplied). [47615/21]

Amharc ar fhreagra

Patrick Costello

Ceist:

513. Deputy Patrick Costello asked the Minister for Justice the details of any inquiry into the findings of oppression against the State by the Court of Criminal Appeal in 1980 which led to the successful appeal by persons (details supplied) of their sentences in 1980. [47616/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 512 and 513 together.

The report referred to by the Deputy related to allegations of maltreatment of persons in custody over 40 years ago. My predecessor as Minister for Justice, Mr Gerry Collins, responded to these allegations at the time and these matters were debated in the House. The debates can be viewed on the Oireachtas website. Similarly, the report of the Ó Briain Committee, which considered the matter of serious allegations of ill-treatment of persons in Garda custody including the Amnesty report, and made a series of recommendations, is published on the Oireachtas website.

I am informed that the Court of Appeal judgment referenced by the Deputy decided to exclude the admissibility of evidence obtained from persons in custody. The Court ruled that the court of trial in the case, having regard to subsequent case law in the Supreme Court, could not be satisfied beyond reasonable doubt that the statements made by the applicant were voluntarily made or that the manner in which they were made satisfied the basic requirements of fairness, and therefore granted the appeal.

As I previously advised the Deputy, the events in question culminated in the overturning of the convictions of two persons in 1980 and a pardon for an individual in 1992, as well as compensation in the cases.

Finally, the Deputy will be aware that the Criminal Justice Act 1984 was subsequently introduced to regulate the treatment of persons in Garda custody.

Question No. 513 answered with Question No. 512.

Legal Aid

Ceisteanna (514)

Eoin Ó Broin

Ceist:

514. Deputy Eoin Ó Broin asked the Minister for Justice the status of the review of the civil legal aid scheme; the timeframe in which it will be held; and the details of any public consultation or engagement with stakeholders that it may include. [47649/21]

Amharc ar fhreagra

Freagraí scríofa

The Justice Plan 2021 contains a commitment to commence a review of the Civil Legal Aid Scheme this year. In this regard, my Department is currently in the process of scoping the review and it is expected that it will commence later this year.

It is now over 40 years since the first civil legal aid scheme was launched in Ireland and over 25 years since the scheme was placed on a statutory footing following the enactment of the Civil Legal Aid Act 1995.

The Legal Aid Board and the Civil Legal Aid Scheme it administers have served those of limited means well over those years. The Board’s provision of legal advice and representation, as well as more recently its role in the Family Mediation Service, plays an important part in resolving family disputes.

Since the enactment of the 1995 Act and the making of the Civil Legal Aid Regulations 1996, the Regulations relating to financial eligibility have been substantially revised on three occasions.

It is recognised however, that demands on the Civil Legal Aid Scheme have grown and that in order to provide maximum benefit to those it was established to serve, a review of the Scheme is appropriate, not least in light of societal change in Ireland over recent years. We must also acknowledge the reality that the resources available to fund the Civil Legal Aid Scheme are not infinite.

We must aim to ensure that those in most need and whose means are insufficient can continue to avail of the Civil Legal Aid Scheme to the maximum extent possible, consistent with their legal needs.

The terms of reference for the review are still in the process of being finalised. However, it is my intention that there will be significant consultation. This will ensure that the insights of those from the non-governmental sector with experience of the Civil Legal Aid Scheme and its clients will be captured by the review. The review may also have scope to undertake research to enable a data informed approach to this important initiative.

Ultimately the review should map out a future for the Civil Legal Aid Scheme, which in my view is one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of insufficient means.

Residency Permits

Ceisteanna (515)

Bernard Durkan

Ceist:

515. Deputy Bernard J. Durkan asked the Minister for Justice the current and-or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [47654/21]

Amharc ar fhreagra

Freagraí scríofa

In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

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.

Alcohol Sales

Ceisteanna (516, 519)

Pa Daly

Ceist:

516. Deputy Pa Daly asked the Minister for Justice her planned reforms to licensing laws; and when she anticipates being able to publish these legislative proposals. [47747/21]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

519. Deputy Jim O'Callaghan asked the Minister for Justice if steps can be taken to waive or delay the reintroduction of the €410 per night special exemption order in order that some financial pressure can be lifted from the Irish pub and nightclub industry that has experienced a difficult time over 19 months; and if she will make a statement on the matter. [47768/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 516 and 519 together.

As the Deputy will be aware, the Justice Plan 2021 and the Programme for Government commits to reviewing and modernising alcohol licensing.

My Department has been actively engaged with the Night-Time Economy Taskforce looking at innovative approaches to support and develop a vibrant, diverse night-time culture and economy in Ireland. Reforming and modernising our licensing law is an important part of how we do that.

On 15 September 2021, I received Government approval to draft the General Scheme of the Sale of Alcohol Bill 2021 to reform and modernise licensing laws in Ireland. We are delivering on the first stage of that commitment and setting a course for how we will do it.

The outdated Licensing Acts, Registration of Clubs Acts, and the Public Dance Hall Act 1935, will all be repealed and replaced with updated and streamlined 21st century provisions relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs. This will radically reform, streamline and simplify our licensing laws.

The larger body of work on the consolidation and reform of the licensing laws is at an early stage of development and the reform of licensing law is a complex process. Any reforms will be developed with a supportive approach to businesses and the interests of public health, consumers and communities will be central to implementation. For this reason, it is my intention to engage constructively with stakeholders as that work progresses.

Separately, on 15 September, Minister Catherine Martin published the Report and recommendations of the Night-Time Economy Taskforce, which I welcomed. The work of the Taskforce has included wide stakeholder engagement. Liquor licensing reform in general as well as Special Exemptions Orders was the subject of many submissions and presentations received by the Night-Time Economy Taskforce and has formed part of their deliberations.

The recommendation made by the Night-Time Economy Taskforce to review licence fees, including the Special Exemption Order fee, will be taken forward by my officials. It will require further consideration in consultation with the Department of Public Expenditure and Reform and the Courts Service.

Separate to this review and the fees applicable to Special Exemption Orders, and in acknowledgement of the Covid restrictions, on 21 July 2021, it was announced that the Government had approved a waiver of specified court fees and excise duties for vintners for the second consecutive year. On 29 August, Minister Humphreys signed the District Court (Fees) (Amendment) Order 2021 to give effect to what was approved by Government:

- to waive court fees relating to the renewal of specified pubs and other liquor licences in 2021; and

- to waive excise and stamp duties associated with those court fees for 2021.

In addition, Revenue has waived the excise duty on on-trade liquor licences renewals.

These fees and excise duties have been waived again in 2021 to support vintners and other licensed premises. I know that the ongoing impact of the Covid-19 pandemic has had a devastating effect on these businesses and Government is keen to support them in any way we can. The waiving of these fees and duties is an important signal of that support.

Pubs, bars, nightclubs and restaurants are all benefitting from this measure, helping to stimulate economic activity and employment as the sector returns to activity in line with Government and public health recommendations.

Asylum Seekers

Ceisteanna (517)

Alan Dillon

Ceist:

517. Deputy Alan Dillon asked the Minister for Justice if she is considering the possibility of introducing an amnesty in respect of asylum seekers who are residents in the State over a specific period of time; and if she will make a statement on the matter. [47751/21]

Amharc ar fhreagra

Freagraí scríofa

My Department has taken a pragmatic and compassionate approach to immigration and international protection arrangements in the context of COVID-19 and will continue to do so for as long as is necessary.

For those who are in the international protection process, our objective is to have decisions made on their applications, including the permission to remain consideration, as soon as possible. This ensures that those who are found to be in need of our protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security.

In the permission to remain element of the process, each case is given a detailed consideration on its individual merits under all of the prescribed headings. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights, among other issues, before a decision is taken to grant or to refuse permission to remain.

My Department is committed to implementing the key recommendations in the Expert Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months respectively, as outlined in the White Paper to End Direct Provision and Establish a New International Protection Support Service.

The White Paper proposes that the new system should be phased in and operational by 2024 and that the intervening period should provide an opportunity to progress improvements in the overall processing times for international protection.

The Advisory Group's recommendation in relation to applicants who will have been two years or more in the system being granted leave to remain, will be considered in the context of the ongoing analysis of progress towards achieving the objectives outlined in the White Paper.

My Department intends, in the first instance, to prioritise processing of all cases using improved processes and the planned ICT investment in the system. The International Protection Office of my Department is also examining and implementing measures with a view to speeding up processing times and reducing the overall number of applicants in the protection process. These measures include training more staff to conduct interviews and complete reports, whilst also streamlining processes to assist in expediting applications in the medium to long term.

My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times and based on the outcome of that review, decide by the end of 2022, whether additional measures are required in order to ensure that the new system can come into operation without the overhang of any significant number of legacy cases.

Work Permits

Ceisteanna (518)

Neale Richmond

Ceist:

518. Deputy Neale Richmond asked the Minister for Justice if she has considered allowing stamp 2 visa holders to work full-time in order to alleviate staff shortages in certain sectors of the economy; and if she will make a statement on the matter. [47759/21]

Amharc ar fhreagra

Freagraí scríofa

My Department has responsibility for immigration-related matters, including the entry and residence conditions of non-EEA students and continually consults and engages with the Department of Enterprise, Trade and Employment and the Department of Further and Higher Education, Research, Innovation and Science, among other key sectoral stakeholders, in this area.

Their primary purpose for being in the State is as a student. However, since April 2001, non-EEA nations with permission to remain in the State as students, on immigration Stamp 2 permission, and enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP) including English language courses, have been afforded the opportunity to work.

This allows them to take up casual employment to supplement their income while studying in Ireland. During term time, non-EEA students can work up to 20 hours per week and during normal college holiday periods they can work on a full time basis up to 40 hours per week.

However, all applicants for permission to study in Ireland must show that they have sufficient funds to support their stay in Ireland without recourse to public funds, or the reliance on casual employment.

The conditions attaching to all immigration permissions are kept under ongoing review with all relevant stakeholders. Any changes to the work entitlements of non-EEA students would be a policy decision for the wider stakeholder group.

Question No. 519 answered with Question No. 516.

Fines Administration

Ceisteanna (520, 521)

John Paul Phelan

Ceist:

520. Deputy John Paul Phelan asked the Minister for Justice the number of fines that have been issued for non-essential travel by county in tabular form; and if she will make a statement on the matter. [47790/21]

Amharc ar fhreagra

John Paul Phelan

Ceist:

521. Deputy John Paul Phelan asked the Minister for Justice if an appeals process exists for fines issued for non-essential travel during the Covid-19 lockdown; and if she will make a statement on the matter. [47791/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 520 and 521 together.

As the Deputy will be aware, An Garda Síochána is responsible for policing the criminal offences in the public health regulations made under the Health Act 1947.

The Health (Amendment) Act 2020, which amended the Health Act 1947 to provide a new system of fines under the Act were introduced by the Minister for Health in November 2020. The Act allowed for a system of fixed charge notices for people who breached certain COVID-19 regulations which had been designated as penal provisions. A person has 28 days to pay the fixed charge after it is issued but, as the Deputy will be aware, it is also open to anyone who has received a Fixed Charge Notice to apply to have it cancelled within 28 days of receiving the notice, or to choose to appear in court following a summons for the unpaid fine.

I am informed by the Garda authorities that the table at the following link shows the number of fines issued by month up to 12th August 2021. The specific breakdown requested by the Deputy is not available.

Table

The Deputy will be aware that non-essential travel is no longer an offence.

The Deputy may be interested to note that the reports produced by the Policing Authority on policing performance by An Garda Síochána during the COVID-19 period contain a breakdown of the total number of COVID related fines by Region and Division. These reports are published at: www.policingauthority.ie/en/about-us/detail/oversight-of-covid-19-policing.

This information is also available at the Garda website, at www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/coronavirus-covid-19-.html

Question No. 521 answered with Question No. 520.

Citizenship Applications

Ceisteanna (522)

Bríd Smith

Ceist:

522. Deputy Bríd Smith asked the Minister for Justice if she will clarify the steps a family (details supplied) need to take in order to receive or apply for citizenship; the steps expected of the family to retrieve their passports from Serbia, the state they fled; if she can offer any further advice; and if she will make a statement on the matter. [47811/21]

Amharc ar fhreagra

Freagraí scríofa

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in line with the eligibility criteria set out under the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation, can only be made after an application is received.

The Act requires that, any person, prior to making an application for naturalisation, has five years reckonable residence in the State, except for spouses of Irish nationals where the requirement is three years. In both cases, the final 12 months must be continuous residence in the State with up to six weeks absence currently allowed to facilitate foreign travel for business, family or holiday purposes. In June, when announcing the publication of the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2021, I confirmed that the continuous residence requirement will be amended to allow for total absences of up to 70 days from the State in the year preceding the citizenship application being made. Up to a further 30 days may also be allowed where necessitated by exceptional circumstances.

All applicants for a certificate of naturalisation must supply original passports in support of their applications due to the requirement for applicants to firmly establish their identity. The requirement to supply original, in date and valid passports applies to all applicants. In rare circumstances, where an applicant cannot produce their current passport, the applicant will be required to provide a full explanation. This should, where possible, be supported by satisfactory evidence that they have attempted to obtain such documentation and correspondence from the relevant authorities or embassy responsible for the issuing of passports in their country and clearly stating the reason the documentation cannot be provided.

My Department will consider the explanation given and, if satisfied it is for reasons genuinely beyond the applicant’s control, may suggest alternative means to the person to assist them in establishing their identity and nationality.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended and pay the appropriate fees.

Rights of Way

Ceisteanna (523)

Pa Daly

Ceist:

523. Deputy Pa Daly asked the Minister for Justice her plans for reform in the area of easements and rights of way and when she anticipates being able to bring legislation on the matter. [47812/21]

Amharc ar fhreagra

Freagraí scríofa

The Land and Conveyancing Law Reform Act 2009 provided for a wide-ranging reform and modernisation of land law and conveyancing law. Part 8 of the 2009 Act introduced changes to the law concerning prescriptive easements, including rights of way, based on the recommendations of the Law Reform Commission.

A prescriptive easement is a right acquired by long use, as of right, by a property owner over a neighbour’s land, which is not granted in any surviving title deed. Common examples are rights to access a farm or dwelling house, where the access laneway is privately owned by one or more neighbours.

Public rights of way, or rights contained in written title deeds, are not affected.

The Land and Conveyancing Law Reform Act 2009, as amended in 2011, introduced a new requirement for these rights based on long use to be verified (by a court order, or an uncontested application for registration), and registered with the Property Registration Authority (PRA). Up to 30 November 2021, this could be done based on the existing legal rules on establishing long use. After that date, registration would still be possible, but only under new legal rules.

I have consulted with a range of stakeholders, including the Law Society, Bar Council, Law Reform Commission and the Property Registration Agency, and listened carefully to the concerns raised. It is clear that there remains legal uncertainty about how the new rules may be interpreted, and that it has not yet been possible to register many important rights of way, which appear to have been enjoyed for many years without dispute. These problems are causing significant delays in conveyancing, and in loan applications.

I am satisfied that, if not addressed, this deadline was likely to lead to unnecessary litigation between neighbours, causing needless stress and legal costs. That is why I am acting quickly to address the legal uncertainty that has arisen.

As an interim solution, on 21 September, I secured Cabinet approval for a short amending Bill, to be enacted before the November deadline. Consistent with the strong preference indicated by stakeholders, the Bill will remove the major changes to the law on prescriptive rights that were due to take effect after 30 November, thus removing and not extending the upcoming deadline. This is also expected to greatly reduce current conveyancing blockages.

It is clear that more comprehensive reform may be needed, and I have therefore also obtained agreement to set up a time bound review that will identify the best long-term, sustainable provisions for the law in this area.

I very much hope that the forthcoming urgent Bill will enjoy cross-party support in both Houses of the Oireachtas.

Prison Service

Ceisteanna (524)

Alan Kelly

Ceist:

524. Deputy Alan Kelly asked the Minister for Justice when she expects the position of chaplain to be appointed by the Irish Prison Service in Limerick and Portlaoise prisons. [47816/21]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that there is no vacancy for the position of Chaplain in either Limerick or Portlaoise Prison. Permanent Chaplains are assigned to both locations.

I am advised however, that the Chaplain appointed to Portlaoise Prison is currently on a long-term absence from duty and Chaplaincy Services for Portlaoise Prison are currently being provided by the Midlands Prison Chaplaincy team.

The Irish Prison Service continually monitors the staffing requirements and vacancies that arise as a result of multiple factors, including promotions and retirements. The Prison Service holds promotional competitions and recruits on an ongoing basis to fill vacancies at all levels of the Service as they arise.

The Irish Prison Service is currently recruiting for Chaplains on a nationwide basis and a panel will be formed from which vacancies, as they arise, will be filled across the Estate.

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