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Tuesday, 24 May 2022

Written Answers Nos. 515-534

Apprenticeship Programmes

Ceisteanna (515)

Rose Conway-Walsh

Ceist:

515. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science if an apprentice who is employed by a company registered in the State can work cross-border with the same company in the North of Ireland without repercussions in terms of their apprenticeship; and if he will make a statement on the matter. [25839/22]

Amharc ar fhreagra

Freagraí scríofa

My department’s officials have raised this issue with SOLAS who have advised that an apprentice employed by a company registered in the state can work cross-border with the same company in Northern Ireland once the following requirements are complied with:

1. the company is approved to train apprentices by SOLAS

2. Complies with state taxation requirements

3. Retains a registered office in the state

4. Appoints a company representative

5. The apprentice is registered on the national apprenticeship system

Third Level Education

Ceisteanna (516)

Rose Conway-Walsh

Ceist:

516. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost to the Exchequer of providing equal funding per student to both traditional and technological universities in order to end the situation of a 60:40 split in core funding through an increased allocation to the technological sector; and if he will make a statement on the matter. [25874/22]

Amharc ar fhreagra

Freagraí scríofa

In considering this issue it is important to reflect that the current Higher Education Authority (HEA) approach has developed over time and that the sector has been consulted in developing the allocation model. Reforming core funding including the allocation model must be positioned within a wider context of performance, governance and reform across the tertiary education and training system being driven by my Department.

At present the Department allocates recurrent funding to the Higher Education Authority (HEA) for direct disbursement to HEA designated higher education institutions. Funding is distributed via the Recurrent Grant Allocation Model (RGAM) which currently utilises a 'two pot' system. The Recurrent Grant Allocation Model (RGAM) is allocated through a funding formula. The formula is driven by audited prior-year student numbers. These are weighted for the relative costs of providing education in different disciplines.

In 2016, the Higher Education Authority (HEA) appointed an independent Expert Panel to review the current allocation model for funding higher education and to make recommendations on the most appropriate funding model for the future. The completed review recommends reforms to the HEA funding distribution model. A key recommendation was that (in principle) the future funding model should adopt a universal approach to supporting all higher education institutions facilitated by the development of a Costing Model applied consistently across Higher Education Institutes.

Aligned with the significant transformation of the sector in terms of the development and designation of Technological Universities, the implementation of this recommendation requires consideration in the context of the sustainable model of funding for higher education.  In this regard, on the 4th of May I launched Funding the Future, a landmark policy on the future of higher education.

Funding the Future, which was approved for publication by Government, settles the question on sectoral funding Higher Education. The policy sets out the vision and direction of higher education funding, our commitment to addressing legacy issues in higher education and detailing our ambitious plans for investment and reform.

As outlined in the framework, my Department will engage with the HEA to develop and implement the necessary changes and updates to the funding distribution model to ensure it aligns with and facilitates key reforms necessary.  The objective of this process is to ensure a transparent funding model which reflects sectoral developments, encourages high quality teaching & learning provision, excellent research and the achievement of key strategic objectives. 

This will be supplemented through the development of a comparable reporting process with the sector, which will inform the consideration of future strategic policy objectives and outputs. This will build on the progress realised from the RFAM report and will be further informed by the recent report between the HEA and the OECD on resourcing higher education.

However, it is important to be clear that the funding model is the means to allocate the agreed level of available recurrent funding to higher education institutions. Changes to the allocation model may alter the allocations that are ultimately provided to individual institutions, however such changes should not, in their own right, be a cost increasing or decreasing measure in terms of the overall allocation that will be available for distribution to the institutions.

Student Visas

Ceisteanna (517)

Rose Conway-Walsh

Ceist:

517. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science if he has engaged with the Minister for Justice in relation to the situation in which language students on stamp 2 visas are being forced to leave the State at the end of May 2022 after two years even if they have to return for a post-graduate course in September 2022; and if he will make a statement on the matter. [26053/22]

Amharc ar fhreagra

Freagraí scríofa

Officials in my Department regularly engage with their counterparts in the Department of Justice in relation to the student immigration system and this matter has been discussed in that context. From the outturn of these engagements, my understanding is that this matter is currently under the consideration of the Minister for Justice.

The administration and regulations of immigration permissions are a matter for the Minister for Justice and queries related to these permissions should be addressed to my colleague in the first instance. 

Looking forward, my Department is currently working on a new International Education, Research and Innovation Strategy, the aim of which is to develop an aligned strategic framework which will support a Whole of Government approach to the sector. A public consultation has recently been completed which will inform the development of this Strategy and has provided an opportunity for stakeholders to highlight aspects of the current system which can be developed and improved. My officials will continue to raise any issues identified through this process in discussions with their counterparts across Government and the education sector.

Third Level Education

Ceisteanna (518)

Rose Conway-Walsh

Ceist:

518. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 615 of 10 May 2022, if he will outline which section of the Higher Education Authority Bill 2022 as amended that will further the provision of Technical University borrowing and or deliver student accommodation; and if he will make a statement on the matter. [26055/22]

Amharc ar fhreagra

Freagraí scríofa

Section 130 of the Higher Education Authority Bill (as amended) amends the Housing Finance Agency Act 1981 to broaden the type of higher education institution to which the Housing Finance Agency can lend to, with relevant consents.

Enabling appropriate access to finance is one of the significant requirements for the delivery by higher education institutions of purpose built student accommodation.

On 3rd December 2021, the Minister for Housing, Local Government and Heritage confirmed that his Department had reviewed the Housing Finance Agency Act 1981, as amended, and was satisfied that the legislation in place was robust enough to allow the Housing Finance Agency to also lend, in addition to universities designated under the Universities Act 1997, to TUs, IoTs and other institutions encompassed by the definition of “Institutes of Higher Education” as set out in the Higher Education Authority Act 1971.

The reference in the HFA Act to the term ‘institute of higher education’ as defined in the Higher Education Authority Act 1971 has been amended by section 130 of the Higher Education Authority Bill to refer to the 2022 HEA Bill. 

However, in amending the HFA Act to refer to the 2022 HEA Bill, the type of institutions to whom the legislation facilitates lending by the HFA is being broadened. This change would include other  education institutions not designated under the remit of the HEA but who are in receipt of core funding through the public system.

Institutions, other than traditional universities, would require firstly my consent following consultation with the Higher Education Authority. This will necessitate the establishment of an appropriate framework setting out the criteria, financial and non-financial, including governance, oversight and reporting to define the operational process through which such consent would be sought and obtained.  Having passed those primary screening tests the prospective borrowing entity would then be required to pass the relevant tests, procedures and requirements of the HFA before accessing borrowing funds.

I am confident, therefore, that there will be robust and adequate systems in place to ensure any proposed borrowing is rigorously examined to protect both Exchequer funding and HEIs themselves.

Departmental Data

Ceisteanna (519)

Rose Conway-Walsh

Ceist:

519. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the number of Student Universal Support Ireland, SUSI, recipients in the academic year 2021-2022; and the total number of full-time students; and if he will make a statement on the matter. [26056/22]

Amharc ar fhreagra

Freagraí scríofa

The Student Grant Scheme, which is administered by SUSI on behalf of my department, is demand led and as such the numbers applying each year can change for reasons such as demographics and the expansion and extension of alternative educational opportunities.

The data for 2021/2022 is not currently available as SUSI are still finalising processing.  However, to date,  SUSI has paid over 71,700 recipients.

In relation to the total number of full time students, this information comes from HEA and statistics for the 2021/2022 academic year will be available once the annual reports are published.

Apprenticeship Programmes

Ceisteanna (520)

Rose Conway-Walsh

Ceist:

520. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science if he will provide details on plans to provide summer off-site training to address the backlog of 8,208 apprentices that each education institute will provide summer provision; and if he will make a statement on the matter. [26057/22]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy in relation to this issue has been requested from SOLAS.

 Officials in my Department are engaging with SOLAS to confirm the position and the details will be communicated to the Deputy by SOLAS as soon as possible.

Government Communications

Ceisteanna (521)

Pauline Tully

Ceist:

521. Deputy Pauline Tully asked the Minister for Further and Higher Education, Research, Innovation and Science the ministerial contact details for persons (details supplied). [26109/22]

Amharc ar fhreagra

Freagraí scríofa

Please find the details for my offices below. If the Deputy wishes to discuss any matter with me directly, please contact those numbers and I will be in touch. Contact details: (01) 618 3805 Oireachtas (01) 889 2442 Department (01) 281 3727 Constituency simon.harris@oireachtas.ie

Apprenticeship Programmes

Ceisteanna (522)

Michael Healy-Rae

Ceist:

522. Deputy Michael Healy-Rae asked the Minister for Further and Higher Education, Research, Innovation and Science the reason no national hairdressing apprenticeship is being offered in County Kerry; and if he will make a statement on the matter. [26235/22]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy in relation to this issue has been requested from SOLAS.

 Officials in my Department are engaging with SOLAS to confirm the position and the details will be communicated to the Deputy by SOLAS as soon as possible.

Apprenticeship Programmes

Ceisteanna (523)

James Lawless

Ceist:

523. Deputy James Lawless asked the Minister for Further and Higher Education, Research, Innovation and Science if an issue regarding apprenticeships (details supplied) will be examined; and if he will make a statement on the matter. [26319/22]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy in relation to this issue has been requested from SOLAS.

 Officials in my Department are engaging with SOLAS to confirm the position and the details will be communicated to the Deputy by SOLAS as soon as possible.

Departmental Funding

Ceisteanna (524)

Niamh Smyth

Ceist:

524. Deputy Niamh Smyth asked the Minister for Further and Higher Education, Research, Innovation and Science if funding is available to community groups (details supplied); and if he will make a statement on the matter. [26323/22]

Amharc ar fhreagra

Freagraí scríofa

My officials contacted Cavan Monaghan Education and Training Board (CMETB) who advised that it recently published its call for proposals under the Mitigating Against Educational Disadvantage Fund (MAEDF) / Community Education Grants on its website at www.cmetb.ie/funding-announcement/13/05/2022/.

The MAEDF is designed to increase the capacity of community and youth education providers and to address the decline in active participation of disadvantaged learners.   This fund highlights the importance of community education as a mechanism to provide the necessary supports to disadvantaged learners.  It also provides a platform, which enables providers to invest in building effective and cost-efficient digital infrastructures. 

CMETB will be providing an in-person information support session at the Cootehill Community Building on the 30th May 2022.  This public forum will provide its attendees with detailed guidance of the necessary requirements, when considering an application for MAEDF funding.  Application forms may also be downloaded from the CMETB website. www.cmetb.ie/funding-announcement/13/05/2022/.

While I understand that the community group in question was not successful in an application for MAEDF support last year, it is open to them to reapply for support this year.

Departmental Investigations

Ceisteanna (525)

Peadar Tóibín

Ceist:

525. Deputy Peadar Tóibín asked the Minister for Further and Higher Education, Research, Innovation and Science the number of investigations, internal or external, commissioned by his Department into instances in which Departmental documents or information was leaked to the media, which were commissioned or conducted in each of the past ten years and to date in 2022; the nature of such leaks and investigations; and if he will make a statement on the matter. [26339/22]

Amharc ar fhreagra

Freagraí scríofa

There have been no investigations of the sort referred to by the Deputy commissioned by my Department since its inception in June 2020. 

Further and Higher Education

Ceisteanna (526)

Rose Conway-Walsh

Ceist:

526. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the pay and conditions of personal assistants working in further education colleges; the starting salary for personal assistants; if they are on full-time, permanent contracts; if they need to access social welfare during the holidays; the steps that he is taking to improve the pay and conditions of personal assistants who work in further education colleges; and if he will make a statement on the matter. [26475/22]

Amharc ar fhreagra

Freagraí scríofa

The Fund for Students with Disabilities (FSD) provides funding to higher and further education institutions for the delivery of key services and supports for students with disabilities. It aims to support the personal, educational and professional development of the participating students. While historically administered by the Higher Education Authority, responsibility for the Fund in the further education and training sector transferred to SOLAS during 2020. SOLAS provides FSD funding to the Education and Training Boards (ETBs) who manage the funding allocations to PLC further education providers for services and accommodations required to support students with disabilities. Funding can be used to provide a range of supports and accommodations including non-medical helpers such as personal assistants and notetakers.

Need assessments determine the supports and accommodations requested for students and the individual ETB/ further education college is responsible for decisions on the most appropriate support to meet the needs of the student, in accordance with the guidelines issued by SOLAS.  

As noted in the SOLAS Guidelines, where an ETB or further education college employs personnel to deliver supports to individual students, responsibility for the terms of employment rests with the individual ETB/ further education college. 

Language Schools

Ceisteanna (527)

John Lahart

Ceist:

527. Deputy John Lahart asked the Minister for Further and Higher Education, Research, Innovation and Science if there are persons who are employed by an organisation (details supplied) involved in the inspection of those wishing to attain International Education Mark accreditation, who are themselves owners, and directors involved in the provision of English language education; if so, if he is satisfied that there is no conflict of interest in this regard ; and if he will make a statement on the matter. [26487/22]

Amharc ar fhreagra

Freagraí scríofa

The information as requested by the Deputy is not readily available within the Department.  

My Department is in the process of engaging with the agency in question and will revert with a reply to the Deputy directly as soon as it is received.

Stardust Fire

Ceisteanna (528, 555)

Cian O'Callaghan

Ceist:

528. Deputy Cian O'Callaghan asked the Minister for Justice if legislation will be brought forward to allow for the payment of members of the jury at the Stardust Inquest; and if she will make a statement on the matter. [25452/22]

Amharc ar fhreagra

Denise Mitchell

Ceist:

555. Deputy Denise Mitchell asked the Minister for Justice the status of a legislative proposal to address concerns in jury selection and income protection for an upcoming Stardust inquest; and if she will make a statement on the matter. [26388/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 528 and 555 together.

I acknowledge the concerns raised regarding the law governing the selection of jurors for the Stardust Inquests and the appropriate supports that may need to be put in place should the inquests extend over a period of months.  

I made a commitment to consider if legislative amendments might be appropriate in the context of the Stardust Inquests.  I have sought the advice of the Attorney General on possible legislative amendments to address the concerns raised in a way that is both practicable and legally sustainable.

Subject to the advice of the Attorney General, I intend to progress the issue in the coming weeks.

Immigration Status

Ceisteanna (529)

John Brady

Ceist:

529. Deputy John Brady asked the Minister for Justice the status of an application by a person (details supplied) for an extension of permission to remain in the State; and if she will make a statement on the matter. [25691/22]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy currently holds a Stamp 2 immigration permission.

The application number supplied by the Deputy relates to an extension of student conditions requested over a year ago. That application was subsequently approved and the person's student permission was extended to 31 May 2022.

The conditions of the extension were outlined in a letter from my Department dated 4 June 2021. My Department has not received any further immigration application from the person concerned.

It may be open to them to apply to my Department for a change of status or an extension to their current permission. Any application would need to be supported by relevant documentation and details of their personal circumstances.

It may also be open to them to make an application for a Stamp 1G on the completion of their PhD and for any prospective employer to make an application for an employment permit on their behalf to the Department of Enterprise, Trade and Employment, who have responsibility for the employment permits regime.

An Garda Síochána

Ceisteanna (530)

Aodhán Ó Ríordáin

Ceist:

530. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the status of the inquiry into the death of a person (details supplied); and if she will make a statement on the matter. [25721/22]

Amharc ar fhreagra

Freagraí scríofa

I am conscious of the distress caused to the Tuohey family as they await the conclusion of the Inquiry relating to the investigations into the death of Shane.

As the Deputy may be aware, retired District Court Judge, Michael Coghlan was appointed on 11 January 2022 to complete the work of the Inquiry.

While the Inquiry remains independent of me as Minister, I have assured Judge Coghlan that every possible resource will be made available to him in order to ensure that the work of the Inquiry can be concluded in a timely and efficient manner. Judge Coghlan has updated me on his progress to date and has advised me that the Inquiry’s work ought to be concluded by the end of this year, subject to any unforeseen circumstances. Judge Coghlan has undertaken to provide me with further general progress reports to be submitted at the end of July and October.

Earlier this year, I met with the Tuohey family. The meeting offered the opportunity for me to listen to the family of Shane Tuohey, to express regret at the length of time the Section 42 Inquiry has taken to date and to affirm my commitment to the completion of the Inquiry under the new judge as soon as possible.

Citizenship Applications

Ceisteanna (531)

Michael Creed

Ceist:

531. Deputy Michael Creed asked the Minister for Justice the current situation regarding an application for Irish citizenship by a person (details supplied). [25724/22]

Amharc ar fhreagra

Freagraí scríofa

The application for naturalisation from the person referred to by the Deputy, 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.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In 2021, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date.

It is open to the applicant to contact the Citizenship Division of my Department at: citizenshipinfo@justice.ie at any time for an update on their application.

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.

Immigration Policy

Ceisteanna (532)

Mick Barry

Ceist:

532. Deputy Mick Barry asked the Minister for Justice the number of applications that her Department has received to date for the regularisation scheme for long-term undocumented migrants; the number of applications that have been rejected; the number of instances where rejections have occurred due to the applicant, despite being currently undocumented and having resided in the State for at least four years, being documented at some point within those past four years; and if she will make a statement on the matter. [25748/22]

Amharc ar fhreagra

Freagraí scríofa

As of 23 May 2022, my Department has received 4,703 applications in respect of 5,943 applicants to the scheme for the Regularisation of Long-Term Undocumented Migrants.

At the outset, my Department committed to making the online application process as simple and as straightforward as possible.  As a result of this, permission letters have been arriving in homes across the country with life changing news for those receiving them and their families. I want to congratulate everyone who has received a letter and to thank them for trusting us and coming forward to regularise their position in the State. 

A total of 807 permissions have been issued to date to successful recipients of the scheme. No refusals have been issued yet.

These figures relate to the main strand of the Scheme and not the international protection element, which is being processed separately by the International Protection Office of my Department.

It is very important that people who are eligible don’t miss out on the opportunity to apply to this scheme. To build on the early momentum and continue raising awareness of the scheme, my Department is running a targeted communications campaign from now until the end of July when the scheme closes, to reach out to migrant communities likely to benefit from the scheme to encourage them to consider applying.

The scheme genuinely is a once-off, life-changing opportunity to obtain status in the State. I can assure people that we are examining applications pragmatically and humanely and we are considering all viable proofs of residence.

If the Deputy is aware of someone who might be eligible for the scheme please encourage them to come forward. Applicants will be supported in a positive way and if they are not eligible for the scheme, other immigration options can be explored. 

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is available on my Department's immigration website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/. 

Visa Applications

Ceisteanna (533)

Pádraig O'Sullivan

Ceist:

533. Deputy Pádraig O'Sullivan asked the Minister for Justice the status of visa applications by a family (details supplied); and if she will make a statement on the matter. [25759/22]

Amharc ar fhreagra

Freagraí scríofa

The persons referred to by the Deputy created online Short Stay 'C' visa applications on 23 February 2022. The supporting documentation and relevant fees were received on 13 March 2022. These visa applications were received in my Department's Dublin Visa Office for further processing on 11 April 2022.

Processing of these applications is ongoing at present.  As each application is examined under its own merits, my Department is unable to give an exact timeframe for completion.  However, the applicants can be assured that there will be no avoidable delay in finalising their applications.

The Dublin Visa Office is currently processing applications of this type received on 31 March 2022. Applicants can keep up-to-date with the processing dates by checking the following webpage, which is updated weekly;

www.irishimmigration.ie/visa-decisions/. 

Applicants are advised not to pay for airline or other travel tickets without having first been issued with a visa. The persons referred to by the Deputy will be notified as soon as a decision has been rmade by a Visa Officer.

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.

Prison Service

Ceisteanna (534)

Carol Nolan

Ceist:

534. Deputy Carol Nolan asked the Minister for Justice the current total capacity of Irish prisons; the number of persons who are currently in prison; the breakdown of all inmates by gender; the number of inmates who are Irish citizens and those who are non-nationals; and if she will make a statement on the matter. [25766/22]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the current total capacity of Irish Prisons is 4,375.  On the 16 May 2022, there was a total of 4,022 prisoners in custody, of which 161 were female and 3,861 were male. 

I can further inform the Deputy that the most recent statistical snapshot available (30 April 2022) indicates that there were 3,982 prisoners in custody of which 3,389 were recorded as Irish and 593 were recorded as Non Irish.

The Irish Prison Service collates and publishes the prisoner population breakdown on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie. This breakdown includes the number of prisoners incarcerated and the bed capacity in each prison. The information can be found in the Information Centre – under Statistics & Information – Daily Prisoner Population.

The Prison Service also have advised that detailed statistical information in relation to gender and nationality are collated and published on a monthly basis and this information is available in the Information Centre – under Statistics & Information – Snapshot Statistics.

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