Written Answers Nos. 290-309
290. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide a list of all early years and SAC services that are in receipt of the graduate premium. [52496/22]
Amharc ar fhreagraServices with Early Learning and Care (ELC) graduate Lead Educators/Managers will receive an additional allocation through the ELC Graduate and Manager Premiums where they apply.
In order for a service to be allocated an ELC Graduate Premium, the Lead Educator in an ELC room and/or the Manager of an ELC or a combined ELC and School Age Childcare (SAC) service and must hold an appropriate qualification (QQI Level 7 or higher) as per the Department’s Higher Capitation Qualifications list. They must also have a minimum of three years’ experience in the sector.
The ELC Graduate Premium is calculated based on the number of ELC graduate Lead Educators in ELC rooms and the hours that they lead in those rooms; and if the ELC or combined ELC and SAC service has an ELC graduate as the manager, the premium is calculated on the hours the Graduate Manager works or the hours of operation of the service whichever is the lesser.
The definition of a Lead Educator is taken from ‘Nurturing Skills – The Workforce Plan for Early Learning and Care and School-Age Childcare, 2022-2028’: “An Early Years Educator who leads practice with a group of children will be termed ‘Lead Educator’. The term ‘Lead Educator’ is used to reflect the important pedagogical leadership role played by these individuals with a group of children and with other Early Years Educators who are also working with that group of children. For the purposes of Core Funding, each ELC room can only have one Lead Educator at any one time; even if the children are organised into groups within the room.
The definition of a Manager is also taken from Nurturing Skills – The Workforce Plan for Early Learning and Care and School-Age Childcare, 2022-2028’: “The term Manager is used in the Workforce Plan to refer to the person in charge of a setting, as defined in the Early Years Regulations 2016 and SAC Regulations 2018, i.e. ‘the person who has day-to-day charge of the service’. This person may or may not be the Registered Provider. While ELC and SAC services vary considerably in their legal and organisational structures, every service must – as a condition of its registration – have a designated person in charge (here termed the ‘Manager’) who is responsible for the daily running of the service and – unless deputised by a named person – must be on the premises at all times when the service is being carried on.” The Core Funding Graduate Manager premium can only be attracted by this designated person in charge, not by any of the other members of staff who may deputise when the manager is not present.
Attached is a list of services contracted into Core Funding and the amount of funding they are expected to receive under the Graduate Premium and the Manager Premium, and the sum total of these two premiums. This data capture was taken on the 27th of September 2022. This list does not contain services that had submitted applications but had not yet contracted, nor services which had applications in draft.
Where services have graduate Lead Educators or graduate Managers, details and evidence of the qualifications of these staff are required in order to pay the graduate premium part of Core Funding. The process of appraising this evidence is ongoing. Although the final calculation will be subject to appraisal of any accompanying evidence submitted with it, payments are being made on a provisional basis using the results of this calculation while the appraisal process takes place.
291. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth his plans to increase the income limits for the income assessed strand of the National Childcare Subsidy; the details of any analysis carried out by his Department in this regard; if he will clarify what, if any, mitigating circumstances are taken into account when assessing a subsidy application in respect of parents earning marginally over the income limit; and if he will make a statement on the matter. [52498/22]
Amharc ar fhreagraIncome thresholds are monitored on an ongoing basis relative to income information from the Central Statistics Office and considering measures of relative income poverty thresholds. The National Childcare Scheme is designed to implement various adjustments reflecting the policy decisions and priorities of Government. Such adjustments may be to subsidies or income thresholds amongst other things
Budget 2023 introduced enhancements to NCS subsidies which will come into effect on 2 January 2023. From this date, all families accessing registered early learning and childcare will receive an NCS subsidy of at least €1.40.
There are two types of subsidies available to parents:
- Universal subsidies are available to all families with children between 24 weeks and 15 years of age. This subsidy is not means tested and currently provides 50c per hour towards the cost of a registered childcare place for a maximum of 45 hours per week. This will rise to €1.40 per hour from 2 January 2023.
- Alternatively, Income Assessed Subsidies are available to families with children aged between 24 weeks and 15 years. This subsidy is means tested and will be calculated based on the applicant’s individual circumstances. The rate will vary depending on the level of family income, the child’s age and educational stage, and the number of children in a family. It can be used towards the cost of a Tusla registered childcare place for up to a maximum of 45 hours per week. To apply for an Income Assessed subsidy, the applicant’s reckonable family income has to be less than €60,000.
The current subsidy rates are:
|
Reckonable income |
€26,000 or below |
€26,000 – €60,000 |
Over €60,000 |
|
24-52 weeks old |
€5.10 |
€5.10 - €0.50 |
€0.50 |
|
1 to 2 years old |
€4.35 |
€4.35 - €0.50 |
€0.50 |
|
3 years old or older |
€3.95 |
€3.95- €0.50 |
€0.50 |
|
At school (or older than 6 and less than 15) |
€3.75 |
€3.75- €0.50 |
€0.50 |
From January 2nd 2023 the subsidy rates will be:
|
Reckonable income |
€26,000 or below |
€26,000 – €60,000 |
Over €60,000 |
|
24-52 weeks old |
€5.10 |
€5.10 - €1.40 |
€1.40 |
|
1 to 2 years old |
€4.35 |
€4.35 - €1.40 |
€1.40 |
|
3 years old or older |
€3.95 |
€3.95- €1.40 |
€1.40 |
|
At school (or older than 6 and less than 15) |
€3.75 |
€3.75- €1.40 |
€1.40 |
For income-assessed awards, the highest levels of subsidy will go to families at or below the minimum reckonable income threshold of €26,000, with the level of subsidy tapering down to the minimum subsidy rate as income rises towards the maximum net income threshold of €60,000. The extension of eligibility for the universal subsidy to all children under 15 coupled with the increase to €1.40 will mean the taper rate for those with a net income of €60,000 and above will be further reduced. This is because this group will see the highest reduction in weekly childcare costs as a result of the increase. These changes avoid a step effect for those whose incomes fall just outside the eligibility for income assessed subsidies.
Under the NCS, “Reckonable income” refers to the income that will be assessed when an application is made. It comprises of family income, including Department of Social Protection (DSP) payments, after tax, PRSI, USC, and any allowable items under the Scheme have been deducted. A full list of income deductions and exclusions is available on www.ncs.gov.ie/faqs.
"Allowable deductions" to income assessment are permitted and a list of these are provided in Schedule 1 of the Childcare Support Act 2018. Broadly it includes income tax, pension deductions, and certain grants for education and labour activation.
292. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update in respect of the progress that has been made since the publication of a white paper to end direct provision; the number of international protection applicants that have transitioned into the new model to date in 2022; and if he will provide an update in respect of the work completed by implementation partners such as the Department of Housing, Local Government and Heritage, the Housing Agency and the local authorities to develop and implement the new accommodation model and support services. [52548/22]
Amharc ar fhreagraSince publishing A White Paper to end Direct Provision and to Establish a new International Protection Support Service in February 2021 my department has placed a significant focus on delivering these reforms.
A new, dedicated Transition Team has been established in the Department to drive implementation of the new model. Governance structures have put in place in the form of a Programme Board which includes representation from the NGO sector and an External Advisory Committee to oversee transition to the new system. The Board has met regularly over the past 15 months to review progress.
In order to secure the accommodation required, intensive cooperation has been underway with key implementation partners such as the Department of Housing, Local Government and Heritage, the Housing Agency and the Local Authorities to develop the new accommodation model and support services. This work has included the development of an acquisition policy, a Local Authority Allocation key, an ownership model and a funding model. Proposals in relation to the ownership model were brought to the Programme Board in November 2021 and approved by myself in January 2022. In collaboration with the Housing Agency a funding model for Approved Housing Bodies is being developed.
Planning advanced on the acquisition of a range of properties for Phase Two accommodation, the integration support system that will apply including the launch in August 2022 of a €1m integration fund. The aim of this fund is to fund civil society organisations to support the integration of International Protection applicants. The awards will be announced shortly.
As will be appreciated, the war in Ukraine has had an unavoidable impact on timelines for the implementation of the White Paper, as staff in the Department of Children, Equality, Disability, Integration and Youth have been temporarily diverted to fulfil Ireland’s obligations including members of the White paper Transition Team. Upwards of 54,000 people displaced by the war in Ukraine have come to Ireland under the Temporary Protection Directive, and in excess of 42,000 have been referred to this Department seeking accommodation from the State. Alongside this, there has been a substantial increase in the number of people seeking international protection with over 11,500 arrivals in the first three quarters of 2022 alone. Overall my department is now accommodating over 60,000 people, compared with 7,500 at this time last year. The Department is working diligently to manage the response to the Ukraine crisis whilst continuing to progress the aims of the White Paper.
In this vastly changed context an overall review of the projected timelines and deliverables in the White Paper is currently underway. This is a complex exercise that will take account of both the delays that have arisen as a consequence of the war in Ukraine and the impact of the substantial increase in numbers seeking International Protection.
An initial paper with some options and recommendations has been brought to the White Paper Programme Board for their input and feedback.
Notwithstanding the impact of the Ukraine crisis, the implementation of the new model is and will continue to be a key priority for the department.
293. Deputy Thomas Gould asked the Minister for Further and Higher Education, Research, Innovation and Science the number of apprentices who failed a phase; and the number who dropped out in each of the past five years by phase in tabular form. [52506/22]
Amharc ar fhreagraThe information request from the Deputy in respect of 2020, 2021 and to date in 2022 is set out in the attached table. The data in relation to 2018 and 2019 has been requested from SOLAS and will be communicated to the Deputy as soon as possible.
294. Deputy Cathal Crowe asked the Minister for Further and Higher Education, Research, Innovation and Science if all third level students who are attending publicly funded third level colleges are entitled to the €1,000 cut in student fees, regardless of their SUSI grant entitlements. [52524/22]
Amharc ar fhreagraAs part of Budget 2023, in recognition of the cost of living financial challenges facing full time third level students funded through my Department, I have secured a significant cost of living package for third level students, including a once-off €1,000 state financial support towards the undergraduate student contribution fee for higher education students eligible for my Department’s free fees schemes. The once off reduction of €1,000 relates specifically to the student contribution payable by students eligible for free tuition fees under my Department's free fees schemes in academic year 22/23 and will reduce the student contribution payable from €3,000 to €2,000 in 22/23. In this regard, all full time undergraduate students eligible for free fees and paying the student contribution will benefit from this measure. As the 2022/23 academic year is only now getting underway, we do not have enrolment figures yet; however, I can advise the Deputy that in 22/23 it is estimated that over 149,000 Irish and EU full time undergraduate students will be eligible for free fees. This means that, in addition to the SUSI eligible students receiving a student contribution support, an estimated 94,000 free fees eligible students will benefit from this measure alone at a cost of c.€95.6million.
295. Deputy Pádraig Mac Lochlainn asked the Minister for Further and Higher Education, Research, Innovation and Science the way that the reduction in student fees announced in Budget 2023 will be applied to students from this State who are currently studying in the North of Ireland. [52541/22]
Amharc ar fhreagraAs part of Budget 2023 I have secured a significant cost of living package for third level students including a once-off €1,000 State financial support towards the undergraduate student contribution fee for higher education students eligible for my Department’s free fees schemes.
Courses provided in Northern Ireland are not approved courses under the Free Fees schemes and therefore the once off student contribution support of €1,000 in 22/23 cannot apply to students undertaking study in Northern Ireland.
The main support available to assist students with the cost of higher education is the Student Grant Scheme. The Student Grant Scheme, administered by SUSI, provides grant assistance to students pursuing an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means. Students attending courses in Northern Ireland can determine their eligibility for available supports at https://susi.ie/eligibility/income/.
296. Deputy Claire Kerrane asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to a situation in which part-time students were unable to participate in an in-person graduation ceremony in which full-time students could do so (details supplied); if he will advise on the reason that educational institutions at times do not provide a ceremony for their part-time students who are graduating; if he has advice on ensuring that part-time students receive the same supports and treatments as full-time students; and if he will make a statement on the matter. [52637/22]
Amharc ar fhreagraHigher 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 entitled to regulate their own academic affairs and administrative processes including with regard to the protocol for their graduation ceremonies. Accordingly, my Department has no role in relation to this matter.
In terms of supports for part-time students, in May I published 'Funding the Future' – a landmark policy on the future funding of higher education. In line with additional investment under Funding the Future, I have set up an oversight group, which I co-chair with Professor Anne Looney and Professor Tom Collins, to drive reforms in the sector. These structures have identified part-time provision as a key enabler of meeting objectives in relation to an inclusive system, and meeting priority skills needs. As such, a working group is further considering policy options to best support part-time students.
297. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if she will report on the interdepartmental group with responsibility for refuge provision in the State; and if she will make a statement on the matter. [52615/22]
Amharc ar fhreagraOne of the overarching goals of the Zero Tolerance policy to address Domestic, Sexual and Gender Based Violence is to ensure that everyone who needs a refuge space will get one, and I am committed to working with my Government colleagues and those working in the sector to achieve this.In line with the priority which this government is attaching to tackling domestic, sexual and gender based violence, we will double the number of refuge spaces over the lifetime of the strategy, bringing it to 280.The Tusla review of accommodation services for victims of domestic, sexual and gender-based violence identified priority locations where between 50 and 60 new refuge places are needed.Further analysis undertaken identified 12 locations nationwide where the delivery of 98 family refuge spaces would have the most impact if prioritised.In the initial phase of this work, we expect to have delivered 24 places in Wexford, Dundalk and Navan by 2024. The delivery of additional safe homes is also a key part of the response and it is expected to increase the number of safe homes by 15 this year.In addition, by putting in place the correct structures to deliver additional refuge accommodation now, including the development of a new statutory agency, we will accelerate the number of additional spaces that can be opened each year.Already, work undertaken implementing the Strategy has prepared the way for this, including a very significant increase in funding under Budget 2023.
As the Deputy has mentioned, an interdepartmental group is developing and progressing agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way.
This has already resulted in a streamlined process for capital funding applications for new refuges.
Supports for applicant groups from the Housing Agency in relation to public procurement processes and direct engagement between Department of Housing Architectural Advisors and the Design Teams recruited by the applicant groups are also in place.
The group is now focusing on:
- reaching agreement on a design approach for future refuges;
- providing project management resources to local groups;
- providing supports to local service providers to facilitate the development of organisational policies and procedures, and
- enabling the appointment of key roles in these organisations.
This work will ensure that when organisations come forward with proposals for a refuge, the process with which they engage will be more straightforward and they will be assisted and supported throughout.
The outcome of this will be a faster timeframe and more consistent approach for the delivery of additional spaces.
298. Deputy Catherine Murphy asked the Minister for Justice if she has amended certain statutory instruments in Section 9 of the Garda Síochána Functions and Operational Areas Act 2022 since its enactment (details supplied). [52297/22]
Amharc ar fhreagraSection 9 provides a power for the Minister for Justice to amend specific references to a Garda district or Garda rank in statutory instruments. It will allows the Minister to make certain other amendments to give effect to a determination of the Commissioner of the Garda Síochána under section 33(1) of the Garda Síochána Act 2005 (which deals with the distribution of Garda members throughout the State).
The purpose of this section is to provide for the making of a statutory instrument to amend other statutory instruments that refer to the word ‘district’ or specific Garda ranks to reflect the changes to the organisational structure of An Garda Síochána brought about by the introduction of the new Garda operating model. It is intended that any such amendments will be along the same lines as those being made in the Schedules to the Act.
To date, no statutory instruments under section 9 of the Garda Síochána (Functions and Operational Areas) Act 2022 have been made.
Following discussions with the Office of the Parliamentary Counsel and within my Department, it is my intention to make Regulations under section 9 at the same time as the Act is commenced in its entirety once the new operating model has been rolled out nationwide.
Work has been underway in An Garda Síochána (AGS) for some time to prepare for and implement the new organisational structure. The model was announced by the Commissioner in August 2019.
As the Deputy will be aware, the new operating model reflects and addresses the challenges of modern day policing by enabling specialisation in the delivery of key services and freeing up more Gardaí to focus on front line policing.
It will particularly enhance the investigation of crime through the delivery of a greater range of specialised services in local areas such as the investigation of sexual crime, domestic violence, cyber-crime, and economic crime.
The Operating Model is designed to make each Division the central unit of policing administration, rather than the current smaller District model, to benefit from greater scale. This is to provide a more comprehensive and inclusive policing service and will help strengthen the focus on community policing.
The development and introduction of the Operating Model was a recommendation by both the Garda Inspectorate and the Commission on the Future of Policing in Ireland (CoFPI).
Its focus is on community policing based on local needs consistent with the objective of “Keeping People Safe” by working closely with wider services to prevent crime and support vulnerable people. The model will also facilitate more effective streamlining of administrative processes and reduce bureaucracy.
Under the Model, all services will be managed and co-ordinated at divisional level, to allow greater specialisation and to release Gardaí from back office functions, and Garda Districts will no longer form part of the organisational structure.
This will result in a reduction in the number of Garda Divisions from the current 28 to 19 with each comprised of four Functional Areas: Community Engagement, Crime, Performance Assurance and Business Services. The Operating Model is currently being rolled out in all divisions and is fully implemented in five.
299. Deputy Paul Donnelly asked the Minister for Justice the number of new Garda recruits who have left the force within two years of completion of training in each of the years 2018 to 2021; and if she will make a statement on the matter. [51651/22]
Amharc ar fhreagraI would like to assure the Deputy that my Department is committed to ensuring An Garda Síochána have the resources they need to serve their vital role in the community. An unprecedented €2.14 billion has been allocated as part of Budget 2023 to An Garda Síochána, an increase of €78 million on last year. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff, facilitating Garda plans to recruit up to 1,000 new Gardaí in 2023, and over 400 Garda staff.
As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including human resourcing matters. As such I have no role in these matters.
The following table, provided to me by An Garda Síochána, outlines the number of resignations of new Garda recruits who have left the force within two years of completion of training for each year from 2018 to 2021. For context, the table also outlines the number of new Gardaí who attested in the same years as those members who resigned:
|
- |
Recruitment 2016 - 2019 |
Resignations 2018 - 2022 |
|
|
Year |
Number of Gardaí attested |
Year |
Number of resignations |
|
2016 |
393 |
2018 |
18 |
|
2017 |
883 |
2019 |
26 |
|
2018 |
789 |
2020 |
23 |
|
2019 |
605 |
2021 |
28 |
|
Total |
2,670 |
Total |
95 |
300. Deputy Bernard J. Durkan asked the Minister for Justice if legislative change is required in order to ensure that the paramount rights of children are fully vindicated and protected with particular reference to section 47 reports which have in some cases heretofore remained unchallenged; and if she will make a statement on the matter. [50591/22]
Amharc ar fhreagraI would like to assure the Deputy that protecting the rights, and best interests of, the child is a priority in relation to all legislation under the remit of my Department dealing with family law proceedings.
This legislation includes:
- Guardianship of Infants Act 1964
- Family Law Act 1995
- Family Court Bill
Furthermore, Article 42A.4 of the Constitution requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.
Section 47 of the Family Law Act 1995 provides that the Circuit Court or High Court may order a report in writing on any question affecting the welfare of a party to family law proceedings or any other person to whom they relate.
Assessors and experts in family law proceedings are formally appointed by the court, and answer to the presiding judge in a specific case.
As the Deputy is aware, the Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any family law case is a matter for the presiding judge.
I am determined to overhaul the operation of the family justice system, to ensure that we have a more efficient and user-friendly family court system that puts the family at the centre of its work. This is a key commitment in my Justice Plan 2022. The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated family court within the existing courts structure and provide for court procedures that support a faster and less adversarial resolution of disputes.
The Bill will provide a set of guiding principles to make the best interests of the child a primary consideration in all family law proceedings. The principles will give clear recognition to the need to ensure that the views of the child are heard and given due weight, and that children are appropriately informed about family law proceedings that affect them.
The drafting of the Family Court Bill is at an advanced stage with a view to publication of the Bill as soon as possible in this Dáil session.
In addition I have also established a Family Justice Oversight Group to develop the first national strategy for the reform of the family justice system and to support the legislative changes proposed in the planned Family Court Bill.
The focus of the group is to drive and co-ordinate the modernisation of the family justice system to make it more user-friendly, streamlined, supportive and, where possible, less adversarial. During the Group’s work to develop the strategy, it heard from children and young people who have engaged with the family justice system. They told the Group how they think a modernised family justice system should look.
Common themes were raised, similar to those raised during the wider consultation, such as the need for: a greater focus on children; better availability of and access to support services and appropriate training for those working in the family justice system, in particular for those who work with children. These areas are being considered by the Group as work to finalise the strategy continues.
The Family Court Bill will provide that specialist knowledge, and ongoing professional training in the area of family law will be required to be appointed as a family court judge.
301. Deputy Bríd Smith asked the Minister for Justice if a series of matters in relation to an organisation (details supplied) will be clarified; and if she will make a statement on the matter. [52561/22]
Amharc ar fhreagraAs indicated to the Deputy in my reply to question 1296 of 26 April, I am informed by the Director of the Probation Service that it was formally notified in March 2022 by the Board of the organisation referred to, of their intention to wind down the organisation.The Probation Service has also now informed me that they continued to engage with the Board regarding the winding down process. In this regard the Probation Service has already undertaken the process of engaging with Probation Service clients, in order to ensure that that they are aware of the closure and to discuss what alternative supports require to be put in place. In line with existing commitments, the Probation Service has funded the organisation for the first half of this year. The Probation Service has also agreed to fund the organisation for proposed operational and wind up costs. The Department of Social Protection also provides funding to the organisation concerned to support a Community Employment Drug Rehabilitation Programme. I am informed that the Department of Social Protection officials are in active discussions with a new Sponsor with a view to them taking over responsibility for the Community Employment Drug Rehabilitation Programme. It is hoped that these discussions will reach a successful outcome in the near future.
Finally, I can advise the Deputy that my Department has no role in relation to human resource matters concerning the organisation in question.
302. Deputy Éamon Ó Cuív asked the Minister for Justice when a decision will be made in relation to an application for a join family visa lodged by a person (details supplied); the reason for the delay in considering an application by a person (details supplied) which has been lodged for over 12 months; if his attention has been drawn to the urgent need for a decision on the application given that it is having a profound negative impact on their family; and if she will make a statement on the matter. [52611/22]
Amharc ar fhreagraThe visa application referred to by the Deputy was refused by the Visa Office in Abuja on 25 May 2022. The reasons for this decision were set out in the refusal letter sent to the applicant at that time. An appeal of this decision was launched on 22 June 2022.
Appeals for applications of this type are processed in the order in which they are received, in order to be fair to all applicants. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.
All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh.
Full consideration will be given to the appeal however the onus is on applicants to satisfy the Visa Appeals Officer that a visa should be granted. Processing times and decisions at the Overseas Visa Offices can be checked at the webpage for the relevant office.
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.
303. Deputy Bernard J. Durkan asked the Minister for Justice the current and or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [52642/22]
Amharc ar fhreagraThe person referred to by the Deputy holds a Stamp 4 permission, which expires on 21 November 2024.
Since 20 July 2020 all renewals of immigration permissions for the Dublin area are being processed online at: inisonline.jahs.ie.
It is open to the person to contact the Registration Office of my Department at immigrationsupport@justice.ie before the expiration of their immigration permission if they have urgent requirements .
Customers residing outside of Dublin should contact their local Garda Immigration office for advice.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act. Each application is assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
Applicants are required to have 5 years reckonable residence in the state prior to making an application, except for spouses of Irish nationals where the requirement is 3 years. In both cases, the final 12 months must be continuous residence in the State with up to 6 weeks allowed to facilitate foreign travel for business family or holiday purposes.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: https://www.irishimmigration.ie/how-to-become-a-citizen/.
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.
304. Deputy Bernard J. Durkan asked the Minister for Justice the current position in regard to an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [52646/22]
Amharc ar fhreagraMy Department cannot locate a naturalisation application for the persons concerned.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed in line with the eligibility criteria as set out under the Irish Naturalisation and Citizenship Act 1956, as amended. Each application is assessed individually in accordance with the provisions of the Act.
A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: https://www.irishimmigration.ie/how-to-become-a-citizen/.
305. Deputy Bernard J. Durkan asked the Minister for Justice if she has plans to place on hold the current work/research underway in respect of parental alienation until her Department undertakes an investigation into those agents who have submitted proposals for criminalising parental alienation; and if she will make a statement on the matter. [52656/22]
Amharc ar fhreagraTo better inform further discussion in relation to this complex issue, my Department arranged for independent research on parental alienation to be carried out.
The aims of the research were to:
- Identify the various definitions and characteristics of parental alienation being used internationally.
- Investigate what is known about the prevalence of this issue (in Ireland or internationally) through an examination of the literature.
- Identify and outline the various approaches and responses being taken in other jurisdictions to deal with the issue of parental alienation (legislative and otherwise).
- Describe, outline and evaluate any studies which have examined the effectiveness of these various international approaches and assess the relevance of these studies to the Irish context.
I am pleased to say that a revised draft report has been received by my Department and is now being reviewed. I have also held a public consultation on the topic, which provided a valuable opportunity for those interested to share their views. All views, opinions and experiences submitted as part of that consultation have been welcomed, and I am sure you understand that I am unable to comment on individual submissions put forward. All of the responses received are currently under review.Both the research report and results of the consultation will, I expect, create a deeper understanding of the concept of parental alienation, and subsequently inform my Department’s consideration of policy and law in this area. I expect a report, outlining the outcome of the research and consultation process and any arising recommendations, towards the end of this year. There are no plans to put this review on hold.
306. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she and her Department are currently combatting organised crime; and if she will make a statement on the matter. [52657/22]
Amharc ar fhreagraI can assure the Deputy that tackling organised criminal activity is an overriding priority for An Garda Síochána and the Government.
I wish to acknowledge the superb and painstaking work of the Gardaí in harnessing an international coalition of supporting bodies to tackle the criminality associated with a particular high-profile Organised Crime Group who operate transnationally. The enforcement of sanctions demonstrates the tremendous value and power of international co-operation in tackling organised crime and the actions taken recently send a very clear message to those involved in the group, or associated with the group, that criminality will not go unnoticed or unpunished.
While we should not underestimate the difficulties which the Garda authorities face in tackling organised crime, we continue to see the significant results of their efforts in the arrests made and people being brought before the Courts. This is evident both here and in other jurisdictions, as indeed are the ongoing drugs and firearms seizures made.
An Garda Síochána tackles organised criminal activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations. To the greatest extent possible, these measures include the use of advanced analytical and intelligence methodologies.
The additional resources allocated to An Garda Síochána in recent years have enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime, including the Armed Support Unit, Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau (CAB).
An Garda Síochána uses multi-disciplinary approaches to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Such approaches include the use of money-laundering legislation and the powers available to CAB under the proceeds of crime legislation.
Other measures taken to tackle organised crime include the strengthening of legislation where required, the establishment of a second Special Criminal Court in 2016, and the establishment of Garda Armed Response Units in all Garda regions which are available to support all divisions countrywide.
The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting drug-trafficking and the supply of illicit drugs by organised crime groups. I am advised by the Garda authorities that in 2021, the GNDOCB seized almost €64 million worth of illicit drugs and around €6 million in cash. This represents a significant increase from 2019 when there were over €21 million worth of illicit drugs and over €2.5m in cash seized.
The Criminal Assets Bureau (CAB) conducted a search operation in Counties Donegal, Limerick and Cork on Friday 14 October 2022 targeting a Limerick based Organised Crime Group (OCG). The operation was conducted by Bureau Officers, supported by the Southern Regional Armed Response Unit and Gardaí from Donegal and Limerick. The search operation marks a significant development in the overall CAB proceeds of crime investigation which will target assets including properties linked to this OCG. In addition, the CAB were successful in a recent application to the Courts to have a property effectively owned by a prominent OCG recognised as being the proceeds of crime.
I am also progressing the Criminal Justice (Miscellaneous Provisions) Bill shortly, which will increase the maximum sentence for conspiracy to murder from ten years to life in prison. These new laws will ensure that An Garda Síochána and our Courts have the tools they need to take firm and decisive action to deal with our most serious criminals.
Justice Plan 2022 commits to working to break the link between gangs and the children they seek to recruit. In 2022, we will also progress draft legislation to outlaw the grooming of children into a life of crime. In parallel, we will continue to roll out the community intervention programme “Greentown” which seeks to break the link between children who are engaged or at risk of engaging with a criminal gang.
307. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the leaders of criminal gangs are currently in prison or have charges pending against them; and if she will make a statement on the matter. [52660/22]
Amharc ar fhreagraI am advised by my officials in the Irish Prison Service that there are currently 122 prisoners in custody associated with known criminal gangs, of which 17 would be categorised as leaders. These figures excludes the subversive prisoners in Portlaoise Prison.
I can further advise the Deputy that in respect of the 17 leaders there are currently 5 further court dates pending.
In relation to the information sought by the Deputy in respect of the number of criminal gang leaders who have charges pending against them, it is important to state that the Director of Public Prosecutions (DPP) is responsible for the prosecution of crime in Ireland.
Criminal investigations are carried out by An Garda Síochána, who then submit a report to the DPP. It is for the DPP to decide whether or not someone should be prosecuted and for what crime, on the basis of the Garda findings, viewed against the background of common and/or statute law. The Director is fully independent in the performance of her functions.
Membership or allegiance of criminal groups fluctuates on a continuous basis with some persons breaking links and others becoming affiliated on a daily basis. It is also the case that prisoners will not always declare their affiliation to certain groupings and it is therefore not possible to provide definitive numbers in relation to the number of known members of criminal groupings currently in custody. It should also be noted that more than one criminal gang may group together under the umbrella of a particular group and in some instances some gangs may form splinter groups due to family or in house disputes.
I am advised by the Irish Prison Service that a number of prisons have introduced specialist programmes, including a gang desistance group which incorporates collaboration with men with a history of gang involvement in the development and facilitation of the programme. A full range of policies, procedures and standard operating procedures are used by the IPS to identify, monitor and manage specific individuals. Management and staff have to ensure that the various factions are kept apart and, as far as possible, that gang members do not have influence over other inmates or criminal activities outside the prisons.
Measures taken on a continuous basis include regular targeted searching; placement in high security locations; close supervision of all visits, including the use of screened visits and the barring of certain visitors; the use of CCTV, metal detectors and mobile phone detectors; and the examination and monitoring of mail and telephone calls. The Operational Support Group has a core function to gather and collate intelligence information on criminal gang members in our prisons and to carry out intelligence led searches.
In addition, there is regular contact between the IPS and An Garda Síochána to discuss security issues including the operation of criminal gangs and the release of prisoners who form part of these groupings.
308. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which gardaí injured in the course of their duties are being compensated or are in course thereof; and if she will make a statement on the matter. [52661/22]
Amharc ar fhreagra309. Deputy Bernard J. Durkan asked the Minister for Justice the number of gardaí injured during the course of their duties in the past ten years; if all have received compensation for their injuries; and if she will make a statement on the matter. [52662/22]
Amharc ar fhreagraI propose to take Questions Nos. 308 and 309 together.
I have asked An Garda Síochána for the information requested by the Deputy, and I will contact him again when this is to hand.
|
Garda Compensation Acts 1941-1945 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022* |
Total |
|
Number of applications received annually |
173 |
205 |
176 |
193 |
208 |
176 |
163 |
156 |
136 |
147 |
89 |
1,822 |
|
Number of cases refused annually |
11 |
3 |
16 |
9 |
45 |
24 |
30 |
5 |
10 |
10 |
5 |
168 |
|
Number of cases settled in the High Court |
158 |
170 |
159 |
93 |
66 |
111 |
126 |
92 |
46 |
108 |
103 |
1,232 |
|
Awards Paid €m |
7.1 |
6 |
4 |
3.6 |
4.7 |
5.8 |
4.6 |
4 |
2.7 |
6.6 |
4.5 |
53.6 |
|
Costs Paid €m |
2.2 |
2.4 |
2.2 |
1.3 |
1.6 |
2 |
1.8 |
1.4 |
1.7 |
1.2 |
1.9 |
19.7 |
|
2013 |
€136,703 |
|
2014 |
€130,251 |
|
2015 |
€96,337 |
|
2016 |
€127,087 |
|
2017 |
€102,682 |
|
2018 |
€111,188 |
|
2019 |
€92,606 |
|
2020 |
€180,816 |
|
2021 |
€182,658 |
|
Up to 29 November 2022* |
€63,140 |
