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Tuesday, 25 Jan 2022

Written Answers Nos. 503-520

Domestic, Sexual and Gender-based Violence

Ceisteanna (503, 509)

Patrick Costello

Ceist:

503. Deputy Patrick Costello asked the Minister for Justice when the third national strategy on domestic, sexual and gender-based violence will be completed and published. [3442/22]

Amharc ar fhreagra

Alan Farrell

Ceist:

509. Deputy Alan Farrell asked the Minister for Justice the status of the publication of the third national strategy on domestic, sexual and gender-based violence; and if she will make a statement on the matter. [3474/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 503 and 509 together.

As the deputies will be aware, the Department of Justice is currently leading on a new whole-of-government strategy to combat domestic, sexual, gender-based violence. The goal of the strategy is zero tolerance of violence against women and it will be structured around the four pillars of the Istanbul Convention –

- Prevention,

- Protection,

- Prosecution and

- Co-ordinated Policies

The strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. Coordinating public input into the new strategy was an important part of its development, which focused on thematic workshops and an online survey.

In the coming weeks, I will begin a final round of consultation so that I can publish the strategy and associated implementation plan as soon as possible thereafter.

Fishing Industry

Ceisteanna (504)

Mick Barry

Ceist:

504. Deputy Mick Barry asked the Minister for Justice the number of non-EEA fishers that have been enrolled in the atypical work permit scheme for non-EEA fishers in the subsequent six years to date since its inception; the number of non-EEA fishers that are currently enrolled in the scheme; the number of non-EEA fishers currently working on the approximately 180 eligible vessels; and if she will make a statement on the matter. [3443/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Atypical Working Scheme was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for permission under the Department of Enterprise, Trade and Employment's employment permit system.

The Scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet and was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the Scheme.

A total of 479 applications, excluding renewal applications, have have been submitted for the AWS for seafishers since its commencement in February 2016, with 468 (97.7%) granted and 11 refused.

This AWS permission is renewable on an annual basis, subject to the scheme's criteria being met. However, all seafishers that held an AWS permission on 20 March 2020 have had that permission extended, with same terms and conditions attaching, on nine occasions most recently until 31 May 2022.

On 31 December 2021, there were 337 seafishers with permission under the scheme and entitled to work. My Department is responsible for the issuing of permission under the scheme and does not retain data on the numbers currently employed in that sector of the fishing industry.

Stardust Fire

Ceisteanna (505, 508)

Cian O'Callaghan

Ceist:

505. Deputy Cian O'Callaghan asked the Minister for Justice if jurors for the Stardust Inquest will be entitled to be paid as they are in criminal cases; and if she will make a statement on the matter. [3452/22]

Amharc ar fhreagra

Alan Farrell

Ceist:

508. Deputy Alan Farrell asked the Minister for Justice if he will address the issue in relation to jury pay with regard to the inquest into the Stardust disaster; and if she will make a statement on the matter. [3473/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 505 and 508 together.

The Stardust fire was a national tragedy that has left a particular legacy of pain for many people in North Dublin.

I offer my deep sympathy and condolences to the families of the 48 young people killed in the Stardust fire over forty years ago.

I also recognise the impact on everyone who attended that night and the impact on the local community and I am committed to ensuring that the new inquests into the Stardust deaths and the families involved are provided with all relevant supports.

Most inquests are completed within a short period; however, I appreciate that this is likely to be a very lengthy inquest.

Section 57 of the Coroners Acts 1962-2020 provides for the Minister to prescribe fees accordingly;

57.—The following fees and expenses shall be prescribed, after consultation with the Minister for Local Government, namely—

(a) the fees payable to persons performing, or assisting at, post-mortem and special examinations,

(b) the expenses payable to witnesses at inquests, and

(c) the expenses payable in connection with removal or custody, in accordance with the direction of a coroner, of a body

Therefore, there is, currently, no statutory authority to prescribe fees to jurors for service at inquests when summoned to do so by a coroner.

I have received a letter from the legal firm representing most of the Stardust victims’ families last week, regarding jury selection and payment of jurors. This letter is currently being considered by my Department and a response will issue in due course.

My Department continues to engage with the coroner and her team and the coroner will provide any updates on the stardust fire inquests website at: www.stardustfireinquests.

Immigration Policy

Ceisteanna (506)

Paul Murphy

Ceist:

506. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to the case of persons (details supplied) who do not qualify for the Afghan Admission Programme; if there is a way that they can bring their family to Ireland; and if she will make a statement on the matter. [3461/22]

Amharc ar fhreagra

Freagraí scríofa

In response to the humanitarian situation in Afghanistan, I opened the special Afghan Admission Programme for applications on 16 December 2021. Applications will be accepted until 24 February 2022, with up to 500 places available for Afghan family members.

The Programme enables current or former Afghan nationals living legally in Ireland to apply to have certain close family members come to live with them in Ireland.

While the situation in Afghanistan is dire for everyone, we are all acutely aware that some groups face an even greater risk to their freedoms and safety, most especially women, girls and minorities. This has been well documented by multilateral organisations like the UN and civil society organisations that have been working in Afghanistan for many years. For this reason, my Department is prioritising these and other groups for admission. Within families, there will be some members that fall into these higher risk categories and others that don’t. But we will not be breaking up families when we come to consider applications.

Furthermore, it is important to note that all current avenues remain open for new applications, including visa and family reunification applications. The Afghan Admission Programme is additional and complementary to the current suite of immigration schemes and should not be viewed in isolation. Further details in relation to the other avenues available and how to apply can be found on the Irish immigration website (www.irishimmigration.ie).

Legal Aid

Ceisteanna (507)

Richard O'Donoghue

Ceist:

507. Deputy Richard O'Donoghue asked the Minister for Justice the cost of the provision of criminal free legal aid and civil free legal aid in County Limerick in each of the years 2016 to 2021; and if she will make a statement on the matter. [3462/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware there are two categories of legal aid; civil legal aid and criminal legal aid.

The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017. The Board operates 30 full time law centres and a number of part time law centres in Ireland. The Board also provides mediation services to help separating couples to negotiate their own agreement.

The majority of the Board's income consists of a grant received from my Department. This funding is used to provide the Board's services in all of its offices across the country, as well as to support services provided to law centres centrally from the Board's Head Office.

I am informed by the Legal Aid Board that it is not possible to extract and isolate the total cost of civil legal aid in any one office/county in a given year as it would be necessary to devise a basis on which to attribute, to each county or to each individual law centre, all expenditure incurred by the Board centrally. Complexities may also arise at local level with regard to the delivery of civil legal aid, for example a client living in County Limerick may choose to apply to Ennis Law Centre. Also, in a case where two parties to a dispute seek the services of the Legal Aid Board at one law centre, one party will be required to engage with a different law centre, which may be in a neighbouring county.

To be of some assistance to the Deputy, the funding provided to the Legal Aid Board by my Department for the years 2016-2021 is provided in the table below:

Year

Expenditure

2016

€36.2 million

2017

€39.7million

2018

€40.3 million

2019

€40.8 million

2020

€42.2 million

2021

€44.6 million

Regarding criminal legal aid, the 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 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation.

Statistics for criminal legal aid are also not compiled in such a manner as to readily identify expenditure on a county by county basis .

Expenditure on criminal legal aid in each of the years 2016 to 2021 is set out in the table below:

Year

Expenditure

2016

€52.9 million

2017

€58.1million

2018

€64.8 million

2019

€65.1 million

2020

€62.2 million

2021

€73.4 million

Question No. 508 answered with Question No. 505.
Question No. 509 answered with Question No. 503.

Domestic, Sexual and Gender-based Violence

Ceisteanna (510)

Mary Lou McDonald

Ceist:

510. Deputy Mary Lou McDonald asked the Minister for Justice her Department’s total capital and current expenditure budget for 2021 and 2022 for domestic, sexual and gender-based violence with a breakdown for each related allocation for both years in tabular form. [3504/22]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is currently being compiled and I will write to her directly when it is available.

An Garda Síochána

Ceisteanna (511)

Niall Collins

Ceist:

511. Deputy Niall Collins asked the Minister for Justice further to Parliamentary Question No. 208 of 12 December 2017, if she will provide the total number of hours and the associated total cost of Operation Foray from 2018 to date; the expenditure on another operation (details supplied); and if she will make a statement on the matter. [3524/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible, under the Garda Síochána Act 2005 (as amended), for the management and administration of Garda business. The Commissioner is also responsible for the deployment of An Garda Síochána throughout the State, including to the various Garda Regions/units and operations, under Section 33 of the Act. As Minister, I play no role in these independent functions.

I am advised that Operation Foray is a Garda investigation. I am further advised by the Garda authorities that Garda personnel may be assigned to several investigations in response to operational requirements and it is not possible to provide costs or resources associated with specific investigations, along the lines sought by the Deputy. Insofar as the material provided in the question referred to by the Deputy is concerned, I can clarify that the information related to overtime incurred in respect of a crime prevention operation (Operation Thor) as opposed to a particular investigation.

Tribunals of Inquiry

Ceisteanna (512)

Catherine Murphy

Ceist:

512. Deputy Catherine Murphy asked the Minister for Justice if she will provide the last date on which she and or her officials were briefed with an update by the DPP and or An Garda Síochána in respect of the final report of the Moriarty Tribunal; and if she will make a statement on the matter. [3554/22]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to a previous reply in relation to this matter, most recently in response to Parliamentary Question 1077 answered on 3 November 2020.

The Deputy will appreciate, and the position remains, that criminal investigations and other operational matters are, in accordance with the Garda Síochána Act 2005 (as amended), solely a matter for the Garda Commissioner.

Likewise it is a matter for the Director of Public Prosecutions to decide, independently in the exercise of her functions under the Prosecution of Offences Act 1974 (as amended), if any charges should be brought and I have no role in these matters.

I am not aware of any updates or briefings by the DPP or Garda Síochána subsequent to that reply.

Immigration Policy

Ceisteanna (513)

Thomas Pringle

Ceist:

513. Deputy Thomas Pringle asked the Minister for Justice if an expanded Afghan refugee programme will be introduced; the reason that there is a family limit of five persons on the current programme; and if she will make a statement on the matter. [3571/22]

Amharc ar fhreagra

Freagraí scríofa

In response to the humanitarian situation in Afghanistan, I opened the special Afghan Admission Programme for applications on 16 December 2021. Applications will be accepted until 24 February 2022, with up to 500 places available for Afghan family members.

The Programme enables current or former Afghan nationals living legally in Ireland to apply to have certain close family members come to live with them in Ireland.

As the Deputy will appreciate, no immigration programme can be unlimited in scope. In line with policy considerations, certain conditions apply. The Programme has been developed to allow as many families as possible the opportunity to have some family members join them here in Ireland. Allowing larger numbers of family members to be nominated for admission, would mean that some families would miss out.

At this time, the Government decision is to allow up to 500 places under the Programme. There are no plans for approvals beyond this at this stage. However, developments at EU level may play a role at a later stage.

Furthermore, it is important to note that all current immigration avenues remain open for new applications, including visa and family reunification applications. The Afghan Admission Programme is additional to the current suite of immigration schemes and should not be viewed in isolation. Many people are already availing of these other avenues, and will continue to do so.

Visa Agreements

Ceisteanna (514)

Eoin Ó Broin

Ceist:

514. Deputy Eoin Ó Broin asked the Minister for Justice if she will consider granting an extension to the number of hours of employment allowed for a person (details supplied) under their visa. [3586/22]

Amharc ar fhreagra

Freagraí scríofa

My Department has responsibility for immigration-related matters, including the entry and residence conditions of non-EEA students, who are granted a Stamp 2 immigration permission, 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.

A student's primary purpose for being in the State is to study. However, since April 2001, non-EEA students with an immigration Stamp 2 permission, and who are 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.

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 by my Department with all relevant stakeholders. Any changes to the work entitlements of non-EEA students would be a policy decision for the wider stakeholder group.

Immigration Support Services

Ceisteanna (515, 516)

Gary Gannon

Ceist:

515. Deputy Gary Gannon asked the Minister for Justice if a person (details supplied) will be granted an appointment at the INIS office on Burgh Quay given that they cannot get an appointment through existing means and it is causing distress. [3603/22]

Amharc ar fhreagra

Gary Gannon

Ceist:

516. Deputy Gary Gannon asked the Minister for Justice the status of the new immigration service appointment and scheduling systems; if they have eliminated the practice of the appropriation by third parties of immigration appointments; and if she will make a statement on the matter. [3604/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 515 and 516 together.

When a non-EEA national enters the State and intends to stay for more than 90 days, they must register their immigration permission. First time registrations outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network and securing of those appointments with GNIB are a matter for An Garda Síochána.

The Registration Office of my Department registers permissions for those residing in the Dublin area.

Since the onset of the pandemic, immigration permissions have been extended nine times, which means that people who held a valid permission to be in the State in March 2020 are legally permitted to remain until 31 May 2022.

As a result of the unavoidable delays created from closures and the reduced capacity of the Registration Office during Covid-19 restrictions , a high number of customers are now coming forward to seek an appointment. When the office is open, 50% of normal capacity or 200 first time registration appointments are permitted every day. This is the maximum allowed under current public health guidelines, which are strictly adhered to for the safety of all staff and customers alike.

As part of my Department’s ongoing work to meet the current unprecedented demand for first-time registration appointments, on 10 January 2022, a Freephone service (0800 741 741) was introduced for customers. It is currently operating 12 hours a day from Monday to Friday (8am to 8pm) and 8 hours a day on Saturday and Sunday (9am to 5pm). There are between 15 and 20 customer service representatives taking calls and making appointments. All appointments for persons to register their immigration permission are now issued through this service, with operators offering one appointment per call, unless it is for an identifiable family group. Over 4,000 customer appointments have been allocated so far.

I would advise the person referred to by the Deputy contact the Freephone service as soon as possible.

The Registration Office’s customer service team is also available to support customers who may have language difficulties or may need assistance with translation. A number of multi-lingual videos describing the registration process and what to expect are available on our website www.irishimmigration.ie.

A new Immigration Service appointment and scheduling system, which will streamline and further improve the registration process, is currently being developed and is expected to be available to customers shortly.

Dublin based customers seeking to renew their permission can continue to do so online at inisonline.jahs.ie/user/login.

Question No. 516 answered with Question No. 515.

Ministerial Staff

Ceisteanna (517)

Catherine Murphy

Ceist:

517. Deputy Catherine Murphy asked the Minister for Justice the number of civilian and Garda Ministerial drivers in her current corps of drivers; the breakdown of the civilian versus Garda drivers; and the total costs including salaries, maintenance, fuel and so on incurred by the driver corps in 2020 and 2021. [3971/22]

Amharc ar fhreagra

Freagraí scríofa

It has not been possible to collate the information requested by the Deputy in the time allowed.

I will write to the Deputy to provide this information as soon as it is available.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 517 to my Department, which was for answer on 25 January, 2022, and in which you requested the number of civilian and Garda ministerial drivers in my current corps of drivers; the breakdown of the civilian versus Garda drivers; and the total costs including salaries, maintenance, fuel and so on incurred by the driver corps in 2020 and 2021.
As you will recall, the information you requested could not be obtained in the time available and I undertook to contact you again. Please find a response provided below for your consideration.
As I hope the Deputy will appreciate, for policy and security reasons An Garda Síochána do not comment on matters of security.
I can advise the Deputy that there are two civilian drivers in my Department’s current corps of drivers. The payroll costs of those drivers in 2020 and 2021 is set out in the table below:

2020

2021

Grand Total

Grand Total

€125,750.14

€74,963.08

€200,713.22

Costs associated with maintenance of the vehicle, fuel etc. are met by the registered owner, in this case the Minister of State at the Department of Justice, who can claim travel expenses for official travel in their own vehicle at approved civil service rates.

Domestic, Sexual and Gender-based Violence

Ceisteanna (518, 653)

Neale Richmond

Ceist:

518. Deputy Neale Richmond asked the Minister for Health if he will work to introduce specialised training for counsellors and therapists on sexual violence; and if he will make a statement on the matter. [3164/22]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

653. Deputy Mary Lou McDonald asked the Minister for Health his Department’s total capital and current expenditure budget for 2021 and 2022 for domestic, sexual and gender-based violence with a breakdown for each related allocation for both years in tabular form. [3502/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 518 and 653 together.

Government policy in relation to addressing Domestic, Sexual and Gender-based Violence (DSGBV) is set out in the National Strategy on DSGBV, which outlines a whole of Government approach to delivering on the actions in the Strategy. The Department of Justice coordinates the implementation of the strategy.

The Department provides annual funding to the HSE National Social Inclusion Office to provide the appropriate supports to address the health needs of victims of DSGBV. As part of Budget 2022, the Department secured additional funding for initiatives to support victims of DSGBV and the details of these will be outlined in the HSE National Service Plan 2022.

As the detail in relation to the amount of funding allocated by the HSE relates to operational and service matters, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Home Care Packages

Ceisteanna (519)

Éamon Ó Cuív

Ceist:

519. Deputy Éamon Ó Cuív asked the Minister for Health the steps and arrangements that are being put in place to recruit staff members for homecare packages and homecare hours to ensure that eligible persons are in receipt of their allocation as awarded when medically assessed; and if he will make a statement on the matter. [3465/22]

Amharc ar fhreagra

Freagraí scríofa

I am, along with Government as a whole, committed to the development of improved community-based services, shifting care to the home, and offering greater choice for older people. We have prioritised home support services and the additional funding secured in Budget 2021 to provide an extra 5 million hours has been maintained under Budget 2022. It is estimated that by the end of November some 18.6 million hours had been provided to over 55,100 people. This is about 2.7 million more hours compared to the same period in 2020, an increase of 17%.

However, delays can arise between funding approval and the delivery of home support hours. Certain regions are experiencing increased pressures due to staff availability. At the end of November there were 4,975 people assessed and waiting for a carer to become available. A further 455 people were waiting for funding approval. To address this, the HSE is endeavouring to prioritise service for clients with the highest care needs to ensure that the service can commence for those who require it most urgently. However, it is important to note that the total number of people waiting for home support across both categories has reduced from over 9,000 at the start of 2020 to approximately 5,430 by the end of November 2021.

I am engaged with stakeholders in home support and nursing homes on issues of recruitment and retention, with multiple meetings held with such groups in recent months. Work is also ongoing within the Department to progress the establishment of a Cross Departmental Strategic Workforce Advisory Group which will be set up as a priority in early 2022.

The Department is completing a short-life scoping exercise which is currently underway. A ‘call for submissions’ issued to relevant national stakeholders in early December, with a closing date for receipt of submissions on 7th January 2022. This is a critical first step to set out current challenges and to gather initial data and evidence to support the scoping, nature, and extent of the challenges, in advance of the Department bringing relevant stakeholders together in a structured process.

The role of the group will be to facilitate the views of stakeholders and examine any strategic workforce challenges in front-line carer roles in home support and nursing homes. Potential areas to be considered include recruitment, retention, training, and the career development of front-line carers in home support and nursing homes into the future. Subject to the scoping exercise, it is expected that the pay and conditions for these workers is also likely to be considered.

The Department’s project team will consider the submissions received which will inform the next steps, including membership of the Group, consultation with Government Departments and arrangements for meetings.

Covid-19 Pandemic

Ceisteanna (520)

Joe Flaherty

Ceist:

520. Deputy Joe Flaherty asked the Minister for Health if agency and porter staff assigned to hospitals throughout the pandemic are eligible for the €1,000 frontline workers’ payment; if HSE home help staff are eligible for the €1,000 frontline workers’ payment; and if agency home help and PA staff are eligible for the €1,000 frontline workers’ payment. [3574/22]

Amharc ar fhreagra

Freagraí scríofa

Firstly I would like to extend my sincere gratitude to all healthcare workers for their efforts during this most challenging period.

In recognition of the efforts of the general public, volunteers and all workers during the COVID-19 pandemic and in remembrance of people who lost their lives due to the COVID-19 pandemic, on Wednesday 19 January last, the Government announced a once-off public holiday will take place on Friday 18 March 2022.

The Government also announced COVID-19 recognition payment for frontline public sector healthcare workers, to recognise their unique role during the pandemic. The payment of €1,000 will not be subject to income tax, USC, or PRSI. The measure will be ring fenced to staff ordinarily onsite in COVID-19 exposed healthcare environments within the period between 1 March 2020 and 30 June 2021. Those public sector frontline healthcare workers eligible for the payment will be directly employed public health sector staff working in clinical settings. A pro-rata arrangement will apply for eligible part time staff / equivalents and supernumerary students who were required to perform training in clinical sites.

The Department of Health will also introduce a measure for making a similar payment to staff in private sector nursing homes and hospices that were affected by Covid-19.

I would like to assure the Deputy that work is underway to ensure fairness in the application of this measure as the Government intended. The Department and the HSE are currently engaging in finalising arrangements to give effect to the Government announcement concerning the Recognition Payment. Full particulars, eligibility and terms and conditions that apply to this payment shall be made available shortly. It is important that this measure is applied fairly as intended and I welcome the work that is ongoing to ensure this is so.

There are many, many individuals in our country who did so much during the pandemic. I and the Government is sincerely grateful for this commitment but it is appropriate that these public sector frontline healthcare workers get particular recognition. They exposed themselves to particular COVID-19 risks that did not exist in other work environments or those working from home. I am also deeply appreciative of all those frontline workers who worked in our nursing homes and hospices during this pandemic and that they also get similar recognition.

Outside of the above recognition, the Government also notes that some private healthcare companies have recognised the work of their employees during the pandemic. I would encourage private healthcare companies that have not already done so to consider appropriate measures to recognise their own frontline workers for their work during this most trying period.

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