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Thursday, 8 Sep 2022

Written Answers Nos. 1350-1369

Third Level Costs

Ceisteanna (1350)

Fergus O'Dowd

Ceist:

1350. Deputy Fergus O'Dowd asked the Minister for Further and Higher Education, Research, Innovation and Science if a response will issue to a proposal raised by a person (details supplied) in respect of spreading the cost of third level fees throughout a calendar year considering the significant increase in the cost-of-living which has led to many families struggling to meet the annual and bi-annual payments; and if he will make a statement on the matter. [43833/22]

Amharc ar fhreagra

Freagraí scríofa

In considering this matter it is important to consider that any fees collected by institutions, including the student contribution, form part of the total income utilised towards the overall operation of the institutions. Appropriate budgetary processes require prudent financial planning including the implementation of processes that support the institutions in receiving income in a timely manner as part of managing their cash flow requirements.

Higher Education Institutions (HEIs) are governed by the Universities Act 1997, the Institutes of Technologies Acts 1992 to 2006 and the Technological Universities Act 2018. Within the meaning of these Acts, HEIs are autonomous bodies and are responsible for their own day-to-day management and operational affairs including dealing with policy and procedure in relation to the collection of any fees.

Under the Department’s Free Fees Initiative (FFI), the Exchequer provides a grant in lieu of tuitions fees costs for eligible undergraduate higher education students. All students eligible for the scheme receive state support whereby the Exchequer pays the cost of tuition fees exclusive of the student contribution. The student contribution applies annually to all FFI eligible students and the current rate is €3,000 per annum. In addition, many students have all or part of the student contribution paid on their behalf by the state via the Student Grant Scheme. In 2020/21 approximately 45% of students eligible for free fees had all or part of their student contribution funding paid on their behalf through student support grants.

My Department has previously requested that higher education institutions put in place arrangements to facilitate the payment of the student contribution in instalments. The standard payment instalment option of payment in two moieties and aligned with the two semesters of the academic year.

It is also important to note that individual higher education institutions, including DKIT, may offer a facility to pay fees in instalments. As autonomous bodies the institutions are responsible for implementation of policy and procedure in relation to the collection of the student contribution outside the general scheme of payment in two moieties.

Notwithstanding the above position, I am very aware of the difficulties facing students following on from the impact of the pandemic and the increased costs of living.  In general there is a real requirement in these exceptional times to have a responsive approach to student needs wherever possible and it is important to acknowledge that HEIs have to date shown enormous willingness to be responsive in numerous ways. I would encourage any student in need of assistance to engage with their institution to discuss the range of options and supports available for their course, including fees.

For any student experiencing difficulties currently, there is a significant allocation to the Student Assistance Fund and I would encourage students to contact their access offices to avail of these funds.

Grant Payments

Ceisteanna (1351)

Bríd Smith

Ceist:

1351. Deputy Bríd Smith asked the Minister for Further and Higher Education, Research, Innovation and Science the supports that he intends to provide for students who fail to meet the SUSI criteria of being on a long-term social protection payments for maintenance grants; if he will consider changing current criteria which discriminates against many students who must work prior to commencing study; and if he will make a statement on the matter. [43836/22]

Amharc ar fhreagra

Freagraí scríofa

The report of the Action Group on Access to Third Level Education made detailed recommendations concerning the introduction of special rates of maintenance grants for disadvantaged students.  The target group of "those most in need" was defined in terms of the dependents of people receiving long-term welfare payments, where the necessary conditions are fulfilled.  

Particular priority is afforded to those on the lowest incomes and social welfare dependents through the special rate of grant, which is payable at the higher non-adjacent rate of €6,115 or the adjacent rate of €2,575, depending on the distance travelled to the college attended. 

The decision on eligibility for a student grant is a matter for SUSI to determine. In assessing an application for the 2022/23 academic year, SUSI will have regard to the following qualifying criteria for the special rate of maintenance grant:

1. The student must qualify for the standard rate of grant;

2. Total reckonable income, after income disregards and Child Dependent Increase(s) are excluded, must not exceed €24,500;

3. As at 31st of December 2021, the reckonable income must include one of the eligible long-term social welfare payments prescribed in Schedule 2 of the Student Grant Scheme 2022.

Under the Student Grant Scheme 2022, maintenance grants are also available at different rates of grant for those who are not eligible for the Special Rate of Grant due to them not being in receipt of a long term social welfare payment. These rates of grant are assessed on the reckonable income that is applicable to the student and the rate of grant awarded is based on eligibility under a particular income threshold.

Also, under Article 22(5)(b) of the Student Grant Scheme 2022, income from an applicant’s employment which represents holiday earnings outside of term time but within the reference period up to a maximum of €4,500 can be deducted from the total reckonable income assessed.  On 21/06/2022 Cabinet approved my request to increase the holiday earnings income disregard from €4,500 to €6,552 which will be reflected in the Student Grant Scheme for 2023.  While the 2023 Scheme will not be finalised until 2023, I secured Government approval at that point so that students could be informed of the proposed change and make them aware that they can earn up to €6,552 during non-term time in 2022 without being concerned that it will affect their eligibility for a student grant in 2023.

The eligibility criteria for student grants are reviewed annually by the Department and approved by the Department of Public Expenditure and Reform. All proposals made in relation to education expenditure, including student grants, are considered in the context of the annual Budget.  

Apart from the Student Grant Scheme, students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund (SAF). Students can apply for the SAF to help with either temporary or ongoing financial difficulties and can be assisted towards their rent, childcare costs, transport costs, medical costs and books/class materials. This Fund is administered on a confidential, discretionary basis and assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Details of this fund are available from the Access Offices in the third level institution attended.

Student Accommodation

Ceisteanna (1352, 1353)

Holly Cairns

Ceist:

1352. Deputy Holly Cairns asked the Minister for Further and Higher Education, Research, Innovation and Science the steps he is taking to address the shortage of accommodation for students attending third level courses in Cork city and county; and if he will make a statement on the matter. [43904/22]

Amharc ar fhreagra

Holly Cairns

Ceist:

1353. Deputy Holly Cairns asked the Minister for Further and Higher Education, Research, Innovation and Science his engagement with the Minister for Housing, Local Government and Heritage concerning the shortage of accommodation for students attending third level courses. [43905/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1352 and 1353 together.

I am acutely aware of the issues being faced by students trying to source affordable accommodation both in Cork City and county, and elsewhere across the country.

It must be recognised that fundamentally, the challenge is one of supply of housing more generally. As a country, we know that we need to dramatically increase the supply of all types of housing and accommodation, including student accommodation. That is why the Government has launched Housing for All, led by the Minister for Housing, Local Government and Heritage setting out a series of actions which will be delivered to address the housing crisis. The plan is backed by the largest housing budget in the history of the State to transform our housing system, in excess of €20 billion.

Since taking up office, both myself and my Department officials have engaged and continue to engage on as ongoing basis with the Minister and Department of Housing, Local Government and Heritage (DHLGH) and the wider higher education sector and relevant stakeholders on student accommodation issues including within the context of the advancement of the Government's Housing for All policy.In June I met with the presidents and chairs of all the traditional universities and technological universities to discuss any immediate proposals they may have identified or be able to identify in relation to any additional student accommodation provision that may be pursued in the short to medium terms and the Department is continuing to liaise with the higher education institutions in this regard. In a welcome development, the sector indicates that hundreds of additional bed spaces are to be made available by higher education institutions for the start of the forthcoming academic year and NUIG is to deliver some 670 new bed spaces later next year.

With regard to Cork specifically, my Department understands that, across both private and HEI-owned purpose built student accommodation, there is currently in the region of 5,000 bed spaces is available in Cork City, and we are aware of a number of developments on site that are expected to add in the region of 1,000 further bed spaces in 2022 including 255 bed spaces being delivered by UCC.

In July, following a case that I made to the Cabinet Committee on Housing, my Department has received support to progress a new policy that bridges the challenging gap between the viability of delivering purpose-built student accommodation and subsequent rental affordability for students. This could involve the State assisting with the cost of building student accommodation in return for affordability commitments on rent. Work is continuing on this policy and the Department is also ready to work with any of the new technological universities, including MTU, to support them to borrow to build student accommodation.

On rent affordability, following engagement between my Department and DHLGH, restrictions have been put in place to limit the amount that students can be required to pay up-front for their accommodation, ending the practice whereby students were required to pay a lump sum up-front each term. The total amount that anyone is required to pay to a landlord by way of a deposit or an advance rent payment to secure a tenancy is now no more than the equivalent of 2 months’ rent – that is one month’s rent, and one month’s deposit. In addition, student accommodation is subject to rent pressure zone caps, including in Cork City and parts of the county, and students now have recourse to the Residential Tenancies Board for dispute resolution where appropriate.

In addition to the extra accommodation which is being put in place this year, amounting to hundreds of beds as I have stated, it is also open to homeowners to rent a room to students. A homeowner can rent a room, retain their social welfare entitlements where applicable and earn up to €14,000 in rental income before having to pay tax. All higher education institutions continue to support their students to find accommodation in the private rental sector through, for example, the encouragement of room rental or ‘student digs’ in family homes and many also maintain online databases where students can search for and check out accommodation, advertisements for room rentals can be placed and advice on sample rental agreements provided. Institutions are actively promoting this option in their localities. This is an approach which I fully support and encourage.

Question No. 1353 answered with Question No. 1352.

Qualifications Recognition

Ceisteanna (1354)

Joe McHugh

Ceist:

1354. Deputy Joe McHugh asked the Minister for Further and Higher Education, Research, Innovation and Science the number of Ukrainian nurses, doctors, teachers, dentists, consultants, orthodontists, psychologists, physiotherapists, professors and pharmacists that have had their qualifications recognised in order to fully participate in employment positions in County Donegal in tabular form; and if he will make a statement on the matter. [43963/22]

Amharc ar fhreagra

Freagraí scríofa

My Department does not hold the data in question.

Where a person wishes to practice a regulated profession in Ireland, they must engage with the relevant Competent Authority with responsibility for that profession to seek the recognition of their qualifications. In the cases of nurses, doctors and teachers, for example, this would be the Nursing and Midwifery Board of Ireland (NMBI), the Medical Council and the Teaching Council respectively. These authorities would hold the relevant data in respect of the professions under their remit.  A list of regulated professions in Ireland, their corresponding competent authority and the relevant contact information for each authority is available online at the following link: www.gov.ie/en/publication/d7527-professional-qualifications-recognition/#contacts.

My Department is supporting the work of these Competent Authorities by sharing best practice material supplied by the European Commission in relation to the recognition of professional qualifications of Ukrainian people in Ireland. This includes working with and supporting these Authorities as they implement the EU Commission Recommendation 2022/554 on the recognition of qualifications for people fleeing Russia’s invasion of Ukraine.  This Recommendation provides Member States' authorities with guidance and practical advice to ensure a quick, fair and flexible recognition process for Ukrainian refugees with the aim of helping those fleeing the war to find a path to meaningful employment, while facilitating their integration.

In addition, these Competent Authorities have been advised of further information resources which are available to support their work from NARIC Ireland (www.naric.ie), which is hosted by Quality and Qualifications Ireland (QQI). NARIC Ireland provides advice on the academic recognition of a foreign qualification by comparing it to a major award type and level on the Irish National Framework of Qualifications (NFQ). The QQI NARIC database currently lists 21 Ukrainian qualifications, comparable to levels 3-10 on the NFQ, including general professional, further and higher education awards. NARIC Ireland is working with the NARIC network across Europe to continue building the list of Ukrainian qualifications.  The NARIC Guide has recently been translated into Ukrainian and the Guide is also available in Polish, English and Russian, which many Ukrainian citizens also speak.

The NARIC service also helps to inform employers to determine if an applicant holds the academic qualifications necessary for a particular job or employment opportunity.

Further information resources for Ukrainians in respect of the recognition of qualifications in Ireland can be found online here: www.gov.ie/en/publication/320e9-employment-and-education/#employment-and-self-employment.

Question No. 1355 answered with Question No. 1317.
Question No. 1356 answered with Question No. 1317.

Further and Higher Education

Ceisteanna (1357)

Richard Bruton

Ceist:

1357. Deputy Richard Bruton asked the Minister for Further and Higher Education, Research, Innovation and Science the supports that his Department makes available to support the learning of digital skills for adults who do not have any. [44037/22]

Amharc ar fhreagra

Freagraí scríofa

The Adult Literacy for Life (ALL) Strategy sets out a cross-government, cross-economy and cross-society approach to achieve the vision of an Ireland where every adult has the necessary literacy, numeracy and digital literacy to engage in society and realise their potential.

As noted in Harnessing Digital -The Digital Ireland Framework, the ALL Strategy is aimed at bridging the digital divide across Irish society including through enhancing broad digital skills.  The Strategy, which was launched in September 2021, sets a target of decreasing the share of adults in Ireland without basic digital skills from 47% to 20% by 2030.

A specific website www.adultliteracyforlife.ie has been set up with details of 210 local contacts points across the country.  I would encourage everyone to drop in or call their local ETB or contact the National Adult Literacy Agency (NALA) freephone service at 1800 20 20 65 to access support in building their digital skills.

In addition, the Mitigating Against Educational Disadvantage Fund (MAEDF), was put place to address educational disadvantage among adults.  This fund supports online learning, connecting communities and providing social supports to the most disadvantaged. The third iteration of MAEDF - now REACH Fund, in 2022 - builds on the success of MAEDF and is aimed at addressing educational disadvantage by placing a strong focus on community education as a mechanism to continue to support and engage with disadvantaged learners, while specifically targeting and enhancing the availability of devices and technology. As such, it supports and enables engagement with education and provides this support in digital-first ways that meet the complex needs of the learners.

Student Accommodation

Ceisteanna (1358)

Brendan Smith

Ceist:

1358. Deputy Brendan Smith asked the Minister for Further and Higher Education, Research, Innovation and Science if he will ensure that higher education institutions which have on-campus accommodation refund in full deposits for accommodation paid by applicants who subsequently may not be able to take up the offer of accommodation due to a college placement elsewhere or failure to obtain a particular college placement at that time, and also taking into account the delayed leaving certificate results and offers of college places, given the increasing costs of living and rising accommodation costs; and if he will make a statement on the matter. [44170/22]

Amharc ar fhreagra

Freagraí scríofa

Higher education institutions (HEIs) legislated for under the Universities Act 1997 and the Technological Universities Act 2018 remain autonomous institutions responsible for their own day-to-day operations, including any relevant accommodation provision, management and administration. 

As such fees, deposits or administration fees charged for the booking of HEI provided accommodation and associated refund policies are matters for the individual HEI in question and neither I, as Minister, or my Department has a function or role in such matters. 

Furthermore, my Department understands that deposit and refund policies vary between relevant HEIs with at least one institution requiring no advance deposit or booking fee, a number of institutions offer full refunds including if students are not offered a course of study at the particular institution and several offer partial refunds within specific timeframes with a small number charging non-refundable application fees, deposits or administration charges of between €50 –€100.

I would encourage all HEIs to use their best efforts to ensure maximum flexibility in favour of prospective students in operating their relevant charging and refund policies for student accommodation given the pertaining circumstances and particular timings at play in relation to the forthcoming academic year.

Third Level Fees

Ceisteanna (1359)

Brendan Smith

Ceist:

1359. Deputy Brendan Smith asked the Minister for Further and Higher Education, Research, Innovation and Science if he will ensure that additional measures will be introduced to reduce student contributions and other associated costs for the forthcoming academic year given the particular pressures on many families with students attending third-level education; and if he will make a statement on the matter. [44171/22]

Amharc ar fhreagra

Freagraí scríofa

On 5th of September, in advance of the Budget, I published, for the first time, a costs of education paper which will set out the possible policy options, and their indicative costs, to aid public discussion on how we should prioritise any interventions to address costs of education. The paper “Funding the Future, an annual options paper on reducing the cost of higher education can be found here: www.gov.ie/en/publication/28c9d-funding-the-future-an-annual-options-paper-on-reducing-the-cost-of-higher-education/.

This paper is another step in deepening my commitment to the progressive consideration and implementation of measures to address costs as a barrier to education, within the overall context of Government policy towards costs of living and other relevant strategies including those related to access and participation in education.  

I have already taken a number of significant steps in this regard, including major changes to the SUSI student support scheme and the elimination of participation fees for PLC courses from this September.

With this in mind, it is important to highlight the very substantial financial support, currently well in excess of half a billion euro, provided by the taxpayer towards tuition fees and the student contribution for students in higher education. This comprises State funding of tuition costs amounting to €357m per annum for 146,000 eligible higher education students and €190m paid by the Exchequer under the Student Grant Scheme in respect of all or some of the €3,000 student contribution which benefits over 65,000 eligible students. 

It is important to recognise that the overall funding provided by the student contribution, which is shared between the students and families and the State, is a significant element of the income of our higher education institutions. The student contribution rate therefore requires consideration not just in the context of costs of education for families but also in terms of implications for the sustainable model of funding higher education.

I have, however, been clear and consistent in stating that I believe the value of the student contribution share, as paid by students and families compared to the states contribution, is too high and that a priority for me in the forthcoming Estimates process will be to seek a reduction for student and families with an increase in the funding provided by the state, particularly in the context of the cost of living challenges being experienced by families. 

My policy position in this regard was articulated in Funding our Future, the Government's policy response to the Cassells and DG Reform Reviews on the future funding of higher education.  Sustainable funding for the sector and measures to address the cost of education must proceed in tandem if we are to meet our ambition of improved outcomes for learners and the system as a whole.

As I look towards the next budgetary cycle, I will be examining all the levers I have to address the cost of education in a way that has impact for students and families and that applies broadly and fairly across society.  Unfortunately at this time it is not possible to pre-empt the outcome or funding for student support measures in advance of Government's Budget 2023 announcement on 27th September.

Third Level Admissions

Ceisteanna (1360)

Róisín Shortall

Ceist:

1360. Deputy Róisín Shortall asked the Minister for Further and Higher Education, Research, Innovation and Science the number of persons who have been admitted and graduated from paramedic science degree courses since 2015, by college, in tabular form; and if he will make a statement on the matter. [44191/22]

Amharc ar fhreagra

Freagraí scríofa

There are three routes to training as a paramedic in Ireland - recruitment by the National Ambulance Service, recruitment by the fire brigade or entry into the University of Limerick's B.Sc in Paramedic Studies. The number of entrants accepted by the NAS and fire brigade is a matter for those organisations, in line with their recruitment needs. While there are other paramedic training courses provided in HEIs, UL's degree is the only one designed for students who are not already working as paramedics. The entrants and graduates from this course are below. As it began in 2016, graduate figures are only available for 2020 at this time.

Year

1st Year Enrolments

Graduates

2016/2017

16

N/A

2017/2018

23

N/A

2018/2019

19

N/A

2019/2020

28

14

2020/2021

32

My Department is strongly committed to supporting the health of the population through the provision of graduates with the key competencies and skills to be effective in the health workforce, and support a range of clinical teams in our health services. 

The Programme for Government commits the Department of Health to working with the education sectors, regulators, and professional bodies to improve the availability of health professionals and reform their training to support integrated care across the entire health service.  

My officials are actively engaging with the Department of Health on determining the longer term skills needs of the healthcare services, and the role which the further and higher education sector can play in meeting those skills needs. I will ensure that there is continued engagement with all stakeholders to ensure that we deliver graduates with the skills necessary to support our healthcare system and support the strategic workforce planning by the health sector. 

Third Level Fees

Ceisteanna (1361)

Gary Gannon

Ceist:

1361. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science The estimated cost of reducing the third-level student contribution, also known as the registration fee, by €500; and if he will make a statement on the matter. [44263/22]

Amharc ar fhreagra

Freagraí scríofa

On 5th of September, in advance of the Budget, I published, for the first time, a costs of education paper which will set out the possible policy options, and their indicative costs, to aid public discussion on how we should prioritise any interventions to address costs of education. The paper “Funding the Future, an annual options paper on reducing the cost of higher education can be found here: www.gov.ie/en/publication/28c9d-funding-the-future-an-annual-options-paper-on-reducing-the-cost-of-higher-education/.

This paper is another step in deepening my commitment to the progressive consideration and implementation of measures to address costs as a barrier to education, within the overall context of Government policy towards costs of living and other relevant strategies including those related to access and participation in education.

In the paper we identify that the estimated cost of providing for a €500 reduction in the student contribution [reduce to €2,500] in 2022/2023, after an associated reduction in the student grant support budget, is €42.7million.

The above estimate is based on the number of students that qualified for free fees funding in the academic year 2020/21; taking into account overall projected increases in student numbers and net of the associated estimated reduction in the student grant scheme budget which is paid by the exchequer on behalf of eligible students.

As the deputy will be aware I have already taken a number of significant steps in this regard, including major changes to the SUSI student support scheme and the elimination of participation fees for PLC courses from this September.

It is important to highlight the very substantial financial support, currently well in excess of half a billion euro, provided by the taxpayer towards tuition fees and the student contribution for students in higher education. This comprises State funding of tuition costs amounting to €357m per annum for 146,000 eligible higher education students and €190m paid by the Exchequer under the Student Grant Scheme in respect of all or some of the €3,000 student contribution which benefits over 65,000 eligible students.

The overall funding provided by the student contribution, which is shared between the students and families and the State, is a significant element of the income of our higher education institutions. The student contribution rate therefore requires consideration not just in the context of costs of education for families but also in terms of implications for the sustainable model of funding higher education.

I have, however, been clear and consistent in stating that I believe the value of the student contribution share, as paid by students and families compared to the states contribution, is too high and that a priority for me in the forthcoming Estimates process will be to seek a reduction for student and families with an increase in the funding provided by the state, particularly in the context of the cost of living challenges being experienced by families.

My policy position in this regard was articulated in Funding our Future, the Government's policy response to the Cassells and DG Reform Reviews on the future funding of higher education.  Sustainable funding for the sector and measures to address the cost of education must proceed in tandem if we are to meet our ambition of improved outcomes for learners and the system as a whole.

As I look towards the next budgetary cycle, I will be examining all the levers I have to address the cost of education in a way that has impact for students and families and that applies broadly and fairly across society.  Unfortunately at this time it is not possible to pre-empt the outcome or funding for student support measures in advance of Government's Budget 2023 announcement on 27th September.

Residency Permits

Ceisteanna (1362)

Bernard Durkan

Ceist:

1362. Deputy Bernard J. Durkan asked the Minister for Justice if the adjudication of residency status and citizenship in the case of a person (details supplied) will be expedited given the severe condition of their health and lack of housing; and if she will make a statement on the matter. [42060/22]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy is the subject of a Deportation Order made on 1 February 2019. However, they made a request on 23 October 2020, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. This will be considered as soon as possible. 

All applications are examined on a case by case basis, on the documentation supplied and as provided for under Section 3(11) of the Immigration Act 1999 (as amended). The decision will be that the existing Deportation Order will be either ‘affirmed’ or ‘revoked’. 

As a person is subject to a Deportation Order, they remain legally obliged to comply with any reporting obligations placed on them by the Garda National Immigration Bureau (GNIB) during this time. 

My Department has not received a citizenship application from the person concerned.

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. 

Family Reunification

Ceisteanna (1363, 1378)

Jackie Cahill

Ceist:

1363. Deputy Jackie Cahill asked the Minister for Justice if her attention has been drawn to the significant delays experienced by Nigerian and Ghanaian nurses who are working in Ireland and hold critical skills permits in obtaining their family reunification visas, particularly given that many of their colleagues from other non-European Union countries such as India, the Philippines and Zimbabwe are still having their visas processed in a much-shorter timeframe; the action that will be taken to reduce these long waiting times given that it is causing great distress for separated families; and if she will make a statement on the matter. [42081/22]

Amharc ar fhreagra

Aengus Ó Snodaigh

Ceist:

1378. Deputy Aengus Ó Snodaigh asked the Minister for Justice if her attention has been drawn to the issue of nurses from Nigeria and Ghana working in Ireland in recent years being denied the same opportunities for family reunification that are afforded to nurses from South Africa, Zimbabwe, the Philippines, India and other states, through the denial of visas and unexplained longer wait times for applications; if her Department has investigated the matter; if not, if the matter will be investigated before the end of 2022; and the steps that have been taken by her Department to secure family reunification for nurses working in Ireland from Nigeria and Ghana, particularly given the incredible work, selflessness and diligence they have demonstrated throughout the Covid-19 pandemic. [42338/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1363 and 1378 together.

Long Stay Join Family visa applications are processed in accordance with the guidelines set out in my Department's Policy Document on Non-EEA Family Reunification, which can be found on my Department's immigration website: www.irishimmigration.ie. 

The Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be processed within six months of application. A 12 month target applies for applications to join Category B sponsors, such as Non Critical Skills Employment Permit Holders or Stamp 4 holders not covered by other arrangements. 

The business targets reflect the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification. However, it is important to note that these are business targets and do not a constitute legal obligation. 

If a person is working in the State on an atypical permission they are present on a short stay permission which gives no family reunification rights. It is only when they receive a Critical Skills Employment Permit that they then become a Category A sponsor and they can make an application for family members to join them. 

All Join Family visa applications are processed in chronological order based on date order of receipt in the relevant Embassy or Visa Office. Processing times for each individual Visa Office overseas will vary as a result of the differing volume and complexity of applications and the resources available in that office.  It may also be necessary for officials of my Department to investigate, inquire into, or seek further information in relation to particular applications.

The Deputy can be assured that every effort is made to keep processing times to a minimum, and a number of measures have been put in place to deal with the increased demand for visas to come to Ireland.  This has included the streamlining of visa processes where possible.  The position in this regard is being kept under review.

The central concern in deciding on visa applications, as with all visa services worldwide, is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time facilitating travel for those who meet the criteria.  Each visa application is therefore decided on its own merits taking all factors into account.

Seized Property

Ceisteanna (1364)

Jim O'Callaghan

Ceist:

1364. Deputy Jim O'Callaghan asked the Minister for Justice if the Criminal Assets Bureau can have cryptocurrencies seized as proceeds of crime; and if not, if she proposes to introduce legislation permitting such seizure; and if she will make a statement on the matter. [42083/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act, 1996. Its remit is to target assets, wherever situated, which derive or are suspected to derive, directly or indirectly, from criminal conduct.

The Bureau actively targets emerging trends such as the use of cryptocurrency for asset transfer and money laundering, both nationally and internationally. 

The Proceeds of Crime Act 1996 to 2016 provides for the seizure of “specified property and that the property constitutes directly or indirectly, proceeds of crime” (Proceeds of Crime Act 1996 – 2016, Section 2(1)(a)(i)”.

Through its investigations, the Bureau has made a number of seizures of various forms of cryptocurrencies including Bitcoin and Ethereum, the most notable of which is the Bureau’s seizure of cryptocurrency to the value of €53million in 2020.  Further information of cryptocurrency seized by the Criminal Assets Bureau has been reported on in the CAB Annual Reports of 2017, 2018, 2019, 2020 and 2021. 

Legislative Process

Ceisteanna (1365, 1367)

Duncan Smith

Ceist:

1365. Deputy Duncan Smith asked the Minister for Justice her views on whether that every citizen must undertake an exhaustive, hugely time consuming and disproportionate exercise to examine the entire range of primary and secondary legislation in order to provide a complete list of all exceptions to the general position when they seek to ascertain their legal obligations regarding periods of time and deadlines (details supplied). [42097/22]

Amharc ar fhreagra

Duncan Smith

Ceist:

1367. Deputy Duncan Smith asked the Minister for Justice the efforts that have been undertaken to ensure that Ireland provides information that complies with European Union law as set out in Council Decision 2001/470/EC (details supplied). [42099/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1365 and 1367 together.

Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The material in question concerns Rules of Court, which are a form of secondary legislation.

As Minister for Justice I cannot interpret the law, nor can I provide legal advice. It is not possible for me to comment on material on a website which was provided by the independent Courts Service or to comment in its accuracy or on a third party’s interpretation of its accuracy.

Departmental Communications

Ceisteanna (1366)

Duncan Smith

Ceist:

1366. Deputy Duncan Smith asked the Minister for Justice when she will ensure that Irish factsheets published on her Department provide information that is written in plain English and contain practical information for the public to spare the citizen unnecessary research. (details supplied). [42098/22]

Amharc ar fhreagra

Freagraí scríofa

The material in the European Judicial Network (EJN) factsheet, which is the subject of the Deputy's question, is correct and appropriate for its purpose. Furthermore, the information in section 6 of the EJN factsheet is intended to be concise and to contain practical information for the public.

Therefore, section 6 confirms:

- the general position in Ireland where an event occurs which sets time running - that the day of an occurrence is included when calculating a period of time;

- that this position is subject to exceptions; and

- one important exception to that general position.

The term "subject to statute and rules of court" may have given rise to the Deputy's query. This wording appears in section 6 of the EJN factsheet on time limits on procedures. Section 6 correctly sets out the general, or default, position in Ireland where the occurrence of an event sets the time running, i.e. where a period of time is expressed to begin on or be reckoned from a particular day, that day is included in that period. The Interpretation Act 2005, section 18(h) refers.

However, this provision does not apply universally. Section 4(1) of the 2005 Act provides that "any provision of [the 2005] Act (including section 18(5)) applies to an enactment except in so far as the contrary intention appears in this Act, in the enactment itself or, where relevant, in the Act under which the enactment is made".

The wording used on the factsheet ("subject to statute or rules of court") is intended to concisely convey the fact that there are, and can be, exceptions to the general position. The factsheet then proceeds to set out one very important exception to that general rule, which is contained within Order 122 of the Rules of the Superior Courts. It is important to cite this exception as it governs time periods within the said rules which in turn are crucial to the practice and procedure of the relevant courts.

In summary, section 6 sets out the general position, (that the day of an occurrence is included when calculating a period of time), that this position is subject to exceptions, and confirms an important exception to that general position.

Question No. 1367 answered with Question No. 1365.

European Union

Ceisteanna (1368)

Duncan Smith

Ceist:

1368. Deputy Duncan Smith asked the Minister for Justice if she will ensure that the Courts Service as the European Judicial Network contact point in Ireland and whose operation is also within her remit provides her with information that is in compliance with European Union law as set out in Council Decision 2001/470/EC, for posting on the eJustice portal (details supplied). [42100/22]

Amharc ar fhreagra

Freagraí scríofa

Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The material in question concerns Rules of Court, which are a form of secondary legislation.

As Minister for Justice I cannot interpret the law, nor can I provide legal advice. It is not possible for me to comment on material on a website which was provided by the independent Courts Service or to comment in its accuracy or on a third party’s interpretation of its accuracy.

Immigration Status

Ceisteanna (1369)

Michael Healy-Rae

Ceist:

1369. Deputy Michael Healy-Rae asked the Minister for Justice if she will provide an update on the case of a person (details supplied); and if she will make a statement on the matter. [42149/22]

Amharc ar fhreagra

Freagraí scríofa

An application for a Spouse of Irish National (SOIN) permission was received from the person referred to by the Deputy on 1 September 2021. This application continues to be processed and my Department has recently been in contact with the person concerned.

To be fair to all applicants, applications are dealt with in chronological order by date received. My Department endeavours to process applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

As outlined to the person concerned in the acknowledgment letter when their application was received, SOIN applications can take up to 12 months to finalise.

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.

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