Written Answers Nos. 161-180
161. Deputy Pearse Doherty asked the Minister for Social Protection when a disability allowance application by a person (details supplied) will be processed; the reason for the delay; and if she will make a statement on the matter. [28439/22]
Amharc ar fhreagraI confirm that an application from the person concerned for disability allowance (DA) was received by the Department on 21 February 2022.
The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
The application has been referred to a Social Welfare Inspector (SWI) on 01 March 2022 for a report on the person’s means and circumstances. Following further recent contact with the Inspectors office, the claim has been assigned to a Social Welfare Inspector (SWI) for an urgent assessment. Once the SWI has submitted his/her report, a decision will be made on the application as quickly as possible and the person concerned will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
162. Deputy Pearse Doherty asked the Minister for Social Protection the average processing times for disability allowance applications for each month to date in 2022, in tabular form; and if she will make a statement on the matter. [28440/22]
Amharc ar fhreagraMy Department is committed to making decisions on entitlement as quickly as possible.
In general, social welfare schemes with a number of complex qualifying conditions can take longer to process. Before a decision can be made on entitlement to disability allowance (DA), evidence must be provided in respect of the person’s medical condition, the extent to which it restricts them from taking up employment, their means and their habitual residency.
The claim processing target for DA is to process 75% of claims within 10 weeks. Currently 97% of claims are completed within this timeframe. The average weeks to award currently stands at 6 weeks.
Disability Allowance Average Weeks to Award:
|
Month |
Average weeks. |
|
January 2022 |
5 |
|
February 2022 |
5 |
|
March 2022 |
6 |
|
April 2022 |
6 |
I trust this clarifies the matter for the Deputy.
163. Deputy Eoin Ó Broin asked the Minister for Social Protection if information will be provided regarding the process by which a person (details supplied) can obtain a PPS number.; and if she will make a statement on the matter. [28443/22]
Amharc ar fhreagraA Personal Public Service (PPS) Number is a unique reference number that helps a person access social welfare benefits, public services and information in Ireland. When applying for a PPS Number, a person must provide evidence of their identity, the reason they need a PPS Number and their address.
According to the records of my Department, the person concerned applied for a PPS Number on 13/03/2022. The application was referred back to the person on 15/04/2022 through her MyWelfare account and she was asked to provide a clearer passport image and a documented reason for requiring the PPS Number. The person concerned has provided multiple reasons as to why she requires a PPS Number but has not provided the necessary supporting documentation. For this reason, the application has been returned to her on five occasions.
Following your representation an official from my Department emailed the person concerned on 30/05/2022 regarding the outstanding documentation.
Once the outstanding documents are provided the application will be processed promptly.
I trust this clarifies the matter.
164. Deputy Róisín Shortall asked the Minister for Social Protection the steps that she is taking to protect pensioners against the sharp increases in the cost of living;; and if she will make a statement on the matter. [28530/22]
Amharc ar fhreagraOn an ongoing basis, and as part of the normal budgetary cycle, my Department actively monitors key economic indicators and also takes account of research data including that of the Minimum Essential Standard of Living from the Vincentian Partnership for Social Justice.
The social impact of budget measures is also assessed using the SWITCH model developed by the ESRI.
It is through this evidence-based approach that, over the past 10 years, budget measures have both exceeded inflation and have also been targeted to support those most at risk of poverty. This is evident in the recent results of the Survey on Income and Living Conditions which showed welcome reductions in the number of people at risk of poverty or deprivation.
Having said that, I am very aware that, mainly due to external factors, the recent increase in consumer prices, especially the increase in fuel and other energy prices, has exceeded even the highest forecasts.
In response the Government acted early to address these challenges. To help mitigate the effects of these rising costs, the Government announced a package of measures in February, which will have a positive impact on the incomes of all households in our country.
This package included lump sum payments of €125 and €100 to all households in receipt of the Fuel Allowance payment, which was paid to social welfare recipients in March and May.
Taken together with the €5 increase in Fuel Allowance introduced as part of Budget 2022, this means that low-income households will see an increase of 55% in Fuel Allowance support provided during this Fuel season compared to last season. In conjunction with the electricity costs emergency benefit payment, such households will receive over €600 in additional energy supports this year. Deputies will also be aware of the measures taken by the Minister for Finance to reduce duties on fuel and retain the low level of VAT on hospitality services. The Minister for Transport has also reduced public transport fares by 20%.
These measures are in addition to others introduced as part of Budget 2022 - which was the largest social welfare budget package in 14 years - and are more expansive than measures introduced in most other countries.
This Government is very aware of, and concerned about, the impact on rising prices on Irish households, particularly pensioners. We have reacted quickly with not just social protection measures, but implemented a wide range of initiatives covering tax, energy credits, excise and transport measures.
All of these measures will be kept under review, together with trends in prices to inform preparations for the budget later this year.
I hope this clarifies the matter for the Deputy.
165. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide a list of the disability organisations engaged by his Department in the formation of the Assisted Decision Making (Capacity) (Amendment) Bill 2021 after pre-legislative scrutiny on the general scheme had taken place; and the date of these engagements. [28241/22]
Amharc ar fhreagraThe Programme for Government commits to commencing the 2015 Act in full by June 2022, recognising the importance of the much needed reform that it represents. This will allow the Decision Support Service to become fully operational and provide the progressive services and supports of the 2015 Act.
The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.
The Act will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
Following pre-legislative scrutiny by the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth, work has moved quickly on the finalisation of a draft Bill. Given the Government's commitment to the commencement of the 2015 Act by June 2022, limited time has been available for formal consultation. However, careful attention has been given to discourse and commentary on the Bill, which has stretched back to the time of the passage of the 2015 Act itself, and for which significant consultations were undertaken. In that regard it is noted that the Amendment Bill is primarily by way of procedural improvement to the 2015 Act, not a significant policy change.
It should be also be noted that a consultation process took place at the beginning of the year on the codes of practice that will accompany the commencement of the Act, and that regular engagement between the Department and disability groups has take place in various fora, which has facilitated input on Assisted Decision-Making legislation.
Whilst not a full consultation, an update and discussion on the progress of the legislation took place with members of the Disability Stakeholder Group (DSG) on 15th March at my Department's Disability Consultative Committee meeting, and subsequently to the wider DSG at the March meeting of the full National Disability Inclusion Strategy Steering Group. The DSG is a voluntary group that oversees implementation of the Strategy and provides input to wider government disability policy, and is comprised of individuals and groups with experience of disability issues, whether lived experience, professional or academic expertise, advocacy or civil society experience, or as representatives of disabled person's organisations (DPOs).
A high-level Steering Group comprising senior officials from my Department, the Department of Justice, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, has overseen the preparations for commencement of the Act and these officials have also engaged with various bodies in relation to Assisted Decision-Making (Capacity) Act.
166. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the possibility that the constitutional challenge to the State wardship system; if he issued a circular on same to his Ministerial colleagues; and if so, the date on which this memo was distributed. [28242/22]
Amharc ar fhreagraThis is a matter for my cabinet colleague, the Minister for Justice, as the court services are under her remit.
167. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the original date that the examination of Ireland’s compatibility with the United Nations Convention on the Rights of Persons with Disabilities by the United Nations in Geneva was scheduled; when his attention was drawn to the fact that this examination was postponed; and the date on which it is currently scheduled to take place. [28243/22]
Amharc ar fhreagraIreland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the Convention in 2007.
Ireland submitted its Initial State Report on the implementation of the UNCRPD to the UN Committee in November 2021, following extensive consultation with persons with disabilities, disabled persons organisations, representative organisations, and families.
The Department of Children, Equality, Disability, Integration and Youth (DCEDIY) is currently awaiting a review date from the UN Committee to evaluate progress made to date. The review was originally anticipated to occur in June of 2022. However, the UN Committee has not communicated a date for the review or given an indication of a likely date for Ireland’s appearance at the Committee.
Ireland's approach to meeting the obligations of the UNCRPD is one of progressive realisation - each year moving forward on key reforms, through delivery of two whole-of-government national strategies - the National Disability Inclusion Strategy (NDIS) and the Comprehensive Employment Strategy for People with Disabilities (CES). This model involves obligations arising from the Convention being met over time. On this basis, initial priority has been given to meeting legislative commitments and requirements.
168. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth the engagement that his Department has had with Tusla, after it was disclosed that 20 children were placed at harm by the HSE in South Kerry CAMHS while under the care of Tusla; and if he will make a statement on the matter. [28277/22]
Amharc ar fhreagraMy Department has had no engagement with the Child and Family Agency, Tusla, on the matter raised by the Deputy. As a result of the Deputy's question, my Department contacted Tusla and they gave us the following information about the situation:
-On the 26th January 2022 the HSE published the Maskey Review into the care received by children and young people at South Kerry Child and Adolescent Mental Health (CAMHS) services.
- Further to the findings of that report, Tusla identified 6 Children in the care of the State as having suffered harm arising out of the medical practice of a CAMHS medical practitioner during the period of investigation. 2 of these 6 children were identified as having suffered significant harm arising out of the medical practice of a CAMHS medical practitioner.
- The 6 children identified have been reviewed by CAMHS and meetings offered to both the foster carers of the children and the parents of the children. The assigned Social Worker to the children attended the meetings between the Health Services Executive and the parents. All 6 children have been offered Health Screening from the HSE & their carers have been informed of the Compensation Scheme. The needs of these 6 children are reviewed formally in their child care reviews in line with Regulations.
- Tusla identified 14 other children in the care of the State as having accessed the service or having been referred to the service during the period of the investigation. These children were viewed not to have been harmed by the medical practice of the CAMHS medical practitioner. The needs of these 14 children are reviewed formally in their child care reviews in line with Regulations.
- CAMHS provides copies of all correspondence to ensure Tulsa & the Social Work Department specifically has relevant and up to date information, in order to support both the children and the foster carers into the future.
I wish to advise the Deputy that statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency. CAMHS is managed by the Health Service Executive, and is a separate entity to Tusla. In some instances, a child in the care of Tusla may require a service or support that is provided by another Agency such as the HSE.
Tusla and the Department of Children, Equality, Disability, Integration and Youth are committed to promoting safe and high quality practice in all areas of alternative care. In all instances the best interests of those children in the care of the State must remain the paramount concern.
169. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth the engagement that his Department has had with the Department of Health in amending the Assisted Decision-Making (Capacity) Act 2015; and if he will make a statement on the matter. [28278/22]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.
The Act will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
Amendments are required to the 2015 Act before full commencement can take place. Work has been ongoing on the Assisted Decision-Making (Capacity) (Amendment) Bill, which was published on 30th May this year and which I look forward to taking through the Houses. The amendments will streamline processes, in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act.
A high-level Steering Group comprising senior officials from my Department, the Department of Health, the Department of Justice, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, has overseen the preparations for commencement of the Act. This group has met regularly in the context of making preparations for the full operationalisation of the Decision Support Service, including preparing the Assisted Decision-Making (Capacity) (Amendment) Bill 2022. There has been further and extensive bilateral engagement between members and member organisations, and other organisations not permanently represented on the Group, as has been required.
Part 8 of the 2015 Act is and remains the responsibility of the Minister for Health. Significant engagement has taken place between the Department of Health and my own Department regarding required amendments to that Part, and the Act as a whole, which has been facilitated the by the Inter-Department Group and by further bilateral engagement.
170. Deputy Aindrias Moynihan asked the Minister for Children, Equality, Disability, Integration and Youth the number of applications received from those volunteering to house Ukrainian refugees; the number of these applications that have been processed; if there is a surplus or deficit of living space to adequately house Ukrainians in reasonable accommodation; and if he will make a statement on the matter. [28345/22]
Amharc ar fhreagraThe Government is committed to delivering a humanitarian response to welcome people seeking protection in Ireland as part of the European Union's overall response. The scale of response to this crisis has been unprecedented and Irish people have displayed an incredible level of generosity in their support and pledges of accommodation.
The Irish Red Cross has put in place a national pledge as the mechanism for channeling the offers of accommodation which many members of the public wish to provide. The website through which offers of accommodation are pledged is registerofpledges.redcross.ie. Ove 25,000 offers of accommodation have been pledged by the Irish public through the Irish Red Cross (IRC).
The Department understands that all those who pledged accommodation have been contacted by IRC or those working with them. My Department receives pledges which it understands can be activated from IRC and passes these to local Implementing Partners to advance the placement of Ukrainian Beneficiaries of Temporary Protection. Implementing partners include Local Authorities, IRC, the International Organisation of Migration (IOM), and Peter McVerry Trust. Over 4,700 pledged properties have been notified to implementing partners. 1180 Beneficiaries have been matched to 424 of these properties. Placement of people in need into pledged properties also occurs outside the pledged process.
In addition to the pledged accommodation my Department is working as part of a cross-government effort to provide short-term accommodation to those fleeing the conflict in Ukraine. To date in excess of 23,000 people have been referred to my Department for accommodation.
It is difficult to say if there is a surplus or deficit as described by the Deputy.
171. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 149 of 25 May 2022, the details of any interim reports that were received during the drafting of the report on the operation of the Irish Sign Language Act 2017; his plans for the publication of the interim reports; and if he will make a statement on the matter. [28512/22]
Amharc ar fhreagra172. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 149 of 25 May 2022, the details of any engagement that his Department has had with an organisation (details supplied) to date in 2022, as part of his Department’s consideration of the recommendations of the report on the operation of the Irish Sign Language Act 2017; and if he will make a statement on the matter. [28513/22]
Amharc ar fhreagraI propose to take Questions Nos. 171 and 172 together.
The Irish Sign Language Act 2017 was signed into law on 24th December 2017 and I commenced the Act jointly with the Minister for Children, Equality, Disability, Integration and Youth in December 2020.
The Act recognises the right of the Deaf community to use Irish Sign Language (ISL) as their native language. The Act creates obligations for the public sector regarding the provision of ISL. In addition, the Act provides for specific duties and obligations in the areas of legal proceedings, educational provision and broadcasting.
Implementing the Irish Sign Language Act requires a whole of government approach. As such, all public bodies have obligations to fulfill. My Department has an important role to play in monitoring the implementation of the Act to ensure that users of Irish Sign Language have equal access to the services of the State and equal opportunities to achieve their full potential.
Section 10 of the Act requires a report on the operation of the Act to be produced, initially three years after enactment and every five years thereafter. These reports must be laid before the Houses of the Oireachtas.
In line with these requirements, the National Disability Authority (NDA) was commissioned to produce the first report on the operation of the Act.
My department is advised on a regular basis by the NDA on a range disability issues. This engagement has included the development and status of the ISL Report.
No interim report on the operation of the ISL Act was received by my Department, as the request made to the NDA was for a single comprehensive report. In the course of preparing the final version of the Report, drafts were received and observations were sought from relevant departments and public bodies. The final version of the report has now been finalised and formally submitted.
The NDA Report is now receiving detailed consideration within my Department. As the recommendations of the Report affect a wide range of organisations, it has been necessary to consider the whole of Government implications arising. I intend to publish the report at the earliest possible opportunity.
173. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 9 of 24 March 2022, the status of the promised payment scheme to make once-off payments of €3,000 to persons affected by illegal birth registration in the files of an institution (details supplied); and if he will make a statement on the matter. [28514/22]
Amharc ar fhreagraIn March 2021, following publication of the Independent Review into Illegal Birth Registration, I asked Professor Conor O’Mahony, the Special Rapporteur on Child Protection, to consider the significant complexities and challenges which arise in relation to the issue of illegal birth registrations, and to provide a report proposing an appropriate course of action. On 14th March 2022 I published the report which sets out 17 numbered recommendations.
Recommendation 16 of the report by the Special Rapporteur on Child Protection was that provision should be made to cover legal costs associated with a declaration of parentage of persons affected by illegal birth registrations. In response, the Government approved a once-off payment of €3,000 for the individuals whose illegal birth registration has been confirmed by Tusla from the files of St. Patrick’s Guild.
This once-off payment of €3,000 is intended as contribution towards costs such as creating or amending wills or seeking a declaration of parentage. While it could also be used for DNA testing, Tusla has covered the costs of DNA testing for individuals in cases where records were insufficient to confirm an illegal birth registration and will continue to provide this support.
The development of this scheme is at an advanced stage with a view to implementation as soon as possible in 2022.
174. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 212 of 11 May 2022, the expected timeline for the completion of the review of the vulnerability assessment pilot programme; and if he will make a statement on the matter. [28515/22]
Amharc ar fhreagraThe Vulnerability Assessment Pilot is still ongoing. However, due to the Ukrainian crisis, the completion of the review into it has been delayed as staff from the International Protection Accommodation Service (IPAS) were temporarily diverted to support the work to accommodate Ukrainian refugees.
A timeline for the completion of the pilot cannot be given until this review has been completed.
It is envisaged that the review should be completed by the end of Quarter Three.
175. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of increasing the student maintenance grant by €1,000 for full-time third-level students; and if he will make a statement on the matter. [28497/22]
Amharc ar fhreagraThe 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. It is therefore not possible to fully determine the number of new applicant's who may apply for supports under the student grant scheme in any given year.
However, to date for the academic year, 2021/22, 61,011 awards have been made by SUSI to students who were eligible for any form of maintenance grant. If all of those students were to see their grant increased by €1,000 the estimated cost for full-time students at undergraduate and postgraduate level would be in the region of €61m.
176. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of increasing the non-adjacent maintenance grant by €1,000 to €4,225 for full-time students at undergraduate and postgraduate-level; and if he will make a statement on the matter. [28498/22]
Amharc ar fhreagraThe 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. It is therefore not possible to consider the number of new applicant's who may apply for supports under the student grant scheme in any given year.
However, to date for the academic year, 2021/22, 16,018 awards have been made by SUSI to students who were eligible for a full non-adjacent maintenance grant rate of €3,225 ( based on 22/23 rates). If all of those students were to see their grant increased by €1,000 to €4,225, the estimated cost for full-time students at undergraduate and postgraduate level is in the region of €16.01m.
177. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of extending a non-adjacent maintenance grant to part-time students at undergraduate and postgraduate level; and if he will make a statement on the matter. [28499/22]
Amharc ar fhreagraDuring the 2020/2021 academic year,(the latest year data is available) statistics from the Higher Education Authority show that there were 49,658 students studying at all levels in our publicly funded institutions on a part time basis.
The costs of extending the SUSI grant scheme to these part time students would depend on an assessment to see if they meet the prescribed conditions of funding, including those which relate to course mode, nationality, residency, previous academic attainment (progression) and means. As they have not been assessed under the SUSI scheme, we do not know how many of these students would be eligible to receive SUSI grant funding if they were eligible to apply.
It is also the case that we would not have details on the distance that part time students reside from their college to specifically give a cost estimate of extending the non adjacent maintenance grant rate to part time students.
However the following will give you an indication of estimated costs of extending the non adjacent special maintenance rate of the SUSI scheme to part time students:
- If 10,000 of these students were deemed eligible for the 2022/23 non-adjacent special maintenance rate of €6,115, we would estimate a cost of €61.1m.
- If 20,000 of these students were deemed eligible, we would estimate a cost of €122.2m
- If 30,000 of these students were deemed eligible, we would estimate a cost of €183.3m.
- If all 49,658 of these students were eligible, we would estimate a cost of €303.66m.
These estimates do not include an estimation of extending funding to part time students under the free fees initiative which would be an additional cost to the exchequer.
178. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of increasing the adjacent maintenance grant by €1,000 to €2,415 for full-time students at undergraduate and postgraduate level; and if he will make a statement on the matter. [28500/22]
Amharc ar fhreagraThe 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. It is therefore not possible to consider the number of new applicant's who may apply for supports under the student grant scheme in any given year.
However, to date for the academic year, 2021/22 15,215 awards have been made by SUSI to students who were eligible for a full Band A adjacent maintenance grant rate of €1,415 . If all of those students were to see their grant increased by €1,000 to €2,415, the estimated cost of for full-time students at undergraduate and postgraduate level is in the region of €15.2m.
179. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of extending an adjacent maintenance grant to part-time students at undergraduate and postgraduate level; and if he will make a statement on the matter. [28501/22]
Amharc ar fhreagraDuring the 2020/2021 academic year,(the latest year that data is available) statistics from the Higher Education Authority show that there were 49,658 students studying at all levels in our publicly funded institutions on a part time basis.
The costs of extending the SUSI grant scheme to these part time students would depend on an assessment to see if they meet the prescribed conditions of funding, including those which relate to course mode, nationality, residency, previous academic attainment (progression) and means. As they have not been assessed under the SUSI scheme, we do not know how many of these students would be eligible to receive SUSI grant funding if they were eligible to apply.
It is also the case that we would not have details on the distance that these part time students reside from their college to specifically give a cost estimate of extending the adjacent maintenance grant rate to part time students.
However the following will give you an indication of estimated costs of extending the special adjacent maintenance rate of the SUSI scheme to part time students:
- If 10,000 of these students were deemed eligible for the 2022/23 adjacent special maintenance rate (€2,575), we would estimate a cost of €25.75m.
- If 20,000 of these students were deemed eligible, we would estimate a cost of €51.5m.
- If 30,000 of these students were deemed eligible, we would estimate a cost of €77.25m.
- If all 49,658 of these students were deemed eligible, we would estimate a cost of €127.87m
These estimates do not include an estimation of extending funding to part time students under the free fees initiative which would be an additional cost to the exchequer.
180. Deputy Cian O'Callaghan asked the Minister for Justice if he will consider outlawing price on application property advertisements to ensure that perspective purchasers pay the actual price rather than the maximum of their mortgage approval; and if she will make a statement on the matter. [28234/22]
Amharc ar fhreagraThe Property Services (Regulation) Act 2011 provides for the licensing and regulation of property services providers (auctioneers, estate agents, letting agents and property management agents) by the Property Services Regulatory Authority (PSRA).
There are a number of provisions in the Act relating to the sale of land (including buildings) and the keeping of records by licensees aimed at providing protections for potential purchasers. However, it is important to note that the licensee is contracted by the vendor and has no contractual relationship with potential buyers/bidders.
The licensee is selling the property for the vendor, is acting in the vendor’s best interests, and takes instructions from the vendor. Ultimately, it is the vendor's decision on the price he/she wishes to sell the property and to whom.
It is also a matter for the vendor to decide whether or not to indicate the price at which he/she is willing to sell the property (subject to the provisions in the Act in relation to the advised market value) in any advertisements for the sale of the property or to provide that the price will be provided on application by a potential purchaser.
Advertisement of property with price on application (POA) forming part of the advertisement is not improper conduct under the Act and licensees are not in breach of the legislation or regulations in doing so. Furthermore, I am advised by the PSRA that it has received no complaints, nor have any concerns been raised with the Authority, in relation to this issue.
While my Department keeps all legislation under continuous review, there are no plans to amend the Property Services (Regulation) Act 2011 in this manner at this time.
