Written Answers Nos. 538-557
538. Deputy Donnchadh Ó Laoghaire asked the Minister for Further and Higher Education, Research, Innovation and Science his views on the situation of adult education tutors employed by education and training boards who are still awaiting details on an offer devised by his Department following a recommendation by the Labour Court, and if a timeline for the resolution of any such delay can be outlined [8715/23]
Amharc ar fhreagraThere is no specific public sector grade of adult education tutor and tutors employed by Education and Training Boards are paid on an hourly rate basis, generally at the unqualified teacher rate. While progress has been made across other issues for adult tutors, the claim from SIPTU and TUI to align adult education tutors to a pay scale of an existing ETB grade remains unresolved.
In 2020, the Labour Court recommended that the official side make an offer. A joint proposal has been prepared by my Department and the Department of Education, which retains regulatory responsibility for the ETB sector. This proposal is currently under discussion with the Department of Public Expenditure, National Development Plan Delivery and Reform with a view to finalising the offer to the Unions as the earliest opportunity.
539. Deputy Claire Kerrane asked the Minister for Further and Higher Education, Research, Innovation and Science the number of approved PLC places in County Roscommon in each of the years 2020 to 2022 and to date in 2023, in tabular form. [8737/23]
Amharc ar fhreagraPost Leaving Cert (PLC) Courses are delivered by Education and Training Boards (ETB) and by Voluntary Secondary Schools and Community and Comprehensive Schools (VSSCCS). Approved places are allocated at ETB level by SOLAS each year and the ETB manages the allocation within its own particular region. The Galway and Roscommon ETB (GRETB) allocation of approved PLC places has been set at 1,512 for each of the years concerned.
GRETB currently does not offer PLC provision in Co Roscommon. There was provision in Castlerea Community School, however it was discontinued in 2022 due to falling enrolments. GRETB offers PLC courses in Galway Technical Institute, Galway Community College and Clarin College Athenry.
540. Deputy Thomas Pringle asked the Minister for Further and Higher Education, Research, Innovation and Science the timeline for publication of his Department's review of the issue of precarity in academia; and if he will make a statement on the matter. [8838/23]
Amharc ar fhreagraImpact 2030: Ireland’s Research and Innovation Strategy, which I was pleased to launch in May of 2022, prioritises the nurturing and development of talent and excellence to build on Ireland’s reputation as an Island of Talent and a location for research excellence and impact. The quality of our researchers is fundamental to the quality of our research system and its collaboration with partners in industry and policymakers, both in Ireland and abroad.
Under Pillar 4 of Impact 2030 we will ensure that researchers have the right skills development and career opportunities so that they can make their maximum contribution, whether in academia, industry, the public sector or elsewhere.
As part of this commitment, my Department has begun a national review of State supports for PhD researchers. I was pleased to appoint Dr Andrea Johnson and David Cagney as Co-Chairs for the review.
The scope of the review includes:
- Current PhD researcher supports including financial supports (stipends, SUSI supports and others);
- The adequacy, consistency and equity of current arrangements across research funders and higher education institutions, including equity and welfare considerations;
- The status of PhD researchers (student, employee) including a review of international comparators and models;
- Impact on the funding of research programmes of any adjustments to current supports;
- Graduate outcomes for PhD graduates including return on investment/benefits to the researcher;
- Visa requirements and duration for non-EU students.
The review, informed by a robust evidence base, will be completed by the co-Chairs by the end of March. It will conclude by making recommendations to me, which will inform future actions to ensuring a sound framework of PhD supports is in place.
I will consider its findings before going to Government with proposals and this is expected to happen in May.
541. Deputy Jim O'Callaghan asked the Minister for Further and Higher Education, Research, Innovation and Science the details of the supports that his Department has provided for Ukraine and for Ukrainian people since February 2022, whether in Ukraine or within the State; the number of people supported where relevant; the estimated cost and value of the support, where available; and if he will make a statement on the matter. [8868/23]
Amharc ar fhreagraSince the outbreak of the war in Ukraine the Government has been unequivocal in its welcome of people fleeing the war in Ukraine and I have been proud to see that this approach widely reflected throughout our society and in particular in our further and higher education sectors.
Under Section 60(6) of the Act ‘qualified persons’ are entitled to access the labour market, healthcare, social protection and education on the same basis as citizens of Ireland.
In May 2022, I established the National Student and Researcher (NSR) Helpdesk, to act as a national single point of contact for displaced students and researchers wishing to access the higher education and research system for the 2022/23 academic year. This was necessary as many displaced persons were arriving into Ireland after the CAO process had been concluded. The NSR Helpdesk helped to place over 300 displaced students into higher education for the 2022/23 academic year.
In June 2022, I brought a Memo to Government to agree a range of supports for qualified persons to access higher and further education. This included a Temporary Tuition Fee Support Scheme, a bursary for displaced persons interested in pursuing a Post-Leaving Certificate (PLC) course, an extension of the Student Assistance Fund and of Springboard. I also indicated my intention to use the national Erasmus grant to financially support displaced Ukrainian students who took up full-time education.
These measures were agreed by Government for the 2022/23 academic year only.
In total 322 displaced students availed of the Temporary Tuition Fee Support Scheme and as of 19 February 2023, 472 awards have been made under the PLC bursary scheme.
In 2022, the national Programme and Learner Support System (PLSS) database indicates that 20,591 learners from Ukraine had so far engaged with FET courses. The majority of these (89%) have engaged on an ESOL course. The highest number of these learners are in Kerry ETB, followed by Limerick Clare ETB and Donegal ETB. Approximately three-quarters of these learners are female.
The estimated total cost allocated to Ukraine supports by my Department in 2022 was €17.723m. In total, €9m was allocated to SOLAS for further education, €4.880m was allocated to the Institutes of Technology and Universities for the payment of student fees and provision of mental health supports, €1.666m was allocated to further student supports, €1.6m was allocated to the Higher Education Authority (HEA) to support the Erasmus programme for the Ukrainian students and a further €440,562 was paid to NUI Maynooth for the operation of the NSR Helpdesk.
542. Deputy Violet-Anne Wynne asked the Minister for Further and Higher Education, Research, Innovation and Science the number of discrimination cases taken and won against his Department over the past ten years, under each of the grounds applicable, in tabular form; and if he will make a statement on the matter. [8905/23]
Amharc ar fhreagraMy Department has had no cases taken against it on discrimination grounds since its establishment in July 2020.
543. Deputy Paul Donnelly asked the Minister for Justice the details of the correct route for a five-year-old Irish born child (details supplied) of foreign parents, who is applying for an Irish passport; and if he will make a statement on the matter. [8048/23]
Amharc ar fhreagraThe 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 and 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.
Section 6A of the 1956 Act also provides details on the criteria for naturalisation that applies to a child born to parents who were legally resident in the State at the time of their birth. If the minor was born in the State after 1 January 2005, and was not entitled to Irish citizenship at the time of birth, but has since accumulated five years’ reckonable residence they should use Form 11 when making an application. However, minors cannot apply for naturalisation in their own right. The application must be made by their parent, legal guardian or person acting on the child's behalf "in loco parentis".
It is my intention that the forthcoming Courts and Civil Law (Miscellaneous Provisions) Bill will reduce the residency requirements for naturalisation for children born in the State from 5 years to 3 years and will also set out clear procedures that will apply to citizenship applications relating to children.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
544. Deputy Ivana Bacik asked the Minister for Justice the number of reports to An Garda Síochána for breaches of protection orders, safety orders, and barring orders in 2022; and if he will make a statement on the matter. [8065/23]
Amharc ar fhreagraI have requested the information sought by the Deputy, however, this information was not available in time. I will write to the Deputy once the information is to hand.
|
Incident Type |
Count |
|
Breach of Barring Order |
697 |
|
Breach of Emergency Barring Order |
* |
|
Breach of Interim Barring Order |
138 |
|
Breach of Protection Order |
2306 |
|
Breach of Safety Order |
1598 |
545. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied) who applied in July 2022; and if he will make a statement on the matter. [8094/23]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The median processing time for applications now currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
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.
546. Deputy Bernard J. Durkan asked the Minister for Justice when citizenship will be available to a person (details supplied); and if he will make a statement on the matter. [8102/23]
Amharc ar fhreagraThe 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. Any applicant for citizenship should ensure that the meet the criteria as set down in the Irish Nationality and Citizenship Act 1956, as amended and that their permission to be in the state is up to date.
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/ .
547. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if he will make a statement on the matter. [8103/23]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy was received by my Department in December 2021 and continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The median processing time for applications now currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
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.
548. Deputy Bernard J. Durkan asked the Minister for Justice the current and/or expected residency status in the case of a person (details supplied) [8119/23]
Amharc ar fhreagraThe person referred to by the Deputy has permission to reside in the State until 16 December 2026.
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.
549. Deputy Bernard J. Durkan asked the Minister for Justice when a work visa will issue in the case of a person (details supplied); and if he will make a statement on the matter. [8120/23]
Amharc ar fhreagraThe person referred to by the Deputy created an on-line Employment visa application on 5 January 2023. The supporting documentation and relevant fees were received on 11 January 2023, in the New Delhi visa office.
Processing of this application is ongoing at present. As each application is examined under it's own merits, we are unable to give an exact time-frame for completion. However, the applicant can be assured that there will be no avoidable delay in finalising their application.
Applicants can keep up-to-date with the dates the Visa Office in New Delhi are processing by checking the following page; which is updated weekly;
https://www.dfa.ie/irish-embassy/india/visas/processing-times-decisions-appeals/Applicants are advised not to pay for airline or other travel tickets without having first been issued with a visa. The person referred to by the Deputy will be notified as soon as a decision has been reached by a Visa Officer.
It should also be noted that the granting of a work permit by the Department of Enterprise, Trade and Employment (DETE) has no bearing on whether a visa will be subsequently granted. There are two very distinct application processes with different checks and procedures in place in each respective Department.
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.
550. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in processing an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [8129/23]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation.
As communciated in the letter issued directly to the applicant on 16 May 2022, they should advise the Citizenship Division of my Department directly when the outstanding issues have been resolved.
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.
551. Deputy Jim O'Callaghan asked the Minister for Justice if the processing time for de-facto partnership visa applications can be reduced; and if he will make a statement on the matter. [8181/23]
Amharc ar fhreagraThe processing time for de-facto partnership applications for persons with an existing immigration permission, which can be made from inside the State, takes an average of twelve months. At present, my Department is currently processing applications from May 2022.
Applications are strictly dealt with in chronological order of receipt and decisions are reached on a case by case basis. The Domestic Residence and Permissions Division 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 hand, individual circumstances, the complexity of application and if further information is required.
The staffing levels in the ISD Divisions of my Department are kept under review in line with the business needs of the Divisions and were required additional recourses are allocated to meet customer needs.
552. Deputy Ivana Bacik asked the Minister for Justice if he will report on the implementation of the Irish Sign Language Act 2017 by his Department and by agencies which operate under the remit of his Department. [8244/23]
Amharc ar fhreagraI am pleased to inform the Deputy that my Department and the agencies and bodies under its aegis are committed to full implementation of the Irish Sign Language Act 2017. We are also keen to continue the fruitful collaboration with the National Disability Authority (NDA) in this regard which has come as a result of the recent Operation of the ISL Act Survey and report.
My Department hosted a webinar on ISL and Deaf Awareness in September 2022 and further in-depth deaf awareness training was provided to a cohort of staff working in front-line services, event planning and disability access. This training was also available to Access Officers in agencies under the Department’s remit.
The option of ISL interpretation is offered at all major events organised by my Department. Closed captioning is provided on all webinars delivered by our Learning and Development unit, and ISL interpreting is made available as requested.
The Corporate Learning Team is aiming to develop a Deaf Awareness and ISL Training Plan for the Department, to be rolled out in 2023 as part of a broader Disability Awareness Training Programme.
Within the wider Justice sector, the importance of full participation for victims in the criminal justice system is recognised in the Third National Strategy on domestic, sexual and gender-based violence (DSGBV). As part of the development of the Strategy, specialist consultation took place with people with disabilities to ensure their views were considered. Clear protocols are to be established to ensure high quality interpreters, including ISL, for victims and survivors of DSGBV.
There is also an action on building the capacity and resources of support organisations to address and support inclusivity, including by working to ensure the availability of ISL interpreters.
The Criminal Justice Sectoral Strategy 2022-2024 launched in October 2021 commits to reporting annually on how Criminal Justice Sector bodies have given effect to their duty under the ISL Act. The Strategy and its accompanying Implementation Plan also commit to reviewing supports provided to victims, witnesses, and accused persons in relation to accessibility, including the provision of translators and interpreters. A customer service survey, distributed to member bodies in October 2022, included a question on provision of Irish Sign Language (ISL) and the results are due to be considered by the group at a future meeting.
Recognising the role that language plays in the empowerment of minority groups, especially those marginalised through physical or mental disabilities, my Department continues to engage with Justice Sector agencies regarding the ISL Act and their responsibilities under this legislation.
Since the initial survey on the operation of the Act, which took place in March 2021, there have been many positive developments across Justice Sector agencies and we are committed to continuing to drive this progress through our Governance teams and Access Officer network.
553. Deputy Thomas Pringle asked the Minister for Justice if it is envisaged that the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 will have passed all stages before the summer recess of Dáil Éireann; and if he will make a statement on the matter. [8253/23]
Amharc ar fhreagra554. Deputy Thomas Pringle asked the Minister for Justice if it is his intention to commence in its entirety the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 upon being signed into law; and if he will make a statement on the matter. [8254/23]
Amharc ar fhreagra555. Deputy Thomas Pringle asked the Minister for Justice the additional resources that will be made available to the Irish Prison Service, the Probation Service and other relevant agencies to ensure that the transfer of sentenced persons scheme will work effectively and without delays, upon commencement of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021; and if he will make a statement on the matter. [8255/23]
Amharc ar fhreagraI propose to take Questions Nos. 553, 554 and 555 together.
As the Deputy may be aware, the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2022 completed its passage through the Dáil on 8 February 2023 and has, today, completed its passage through the Seanad.
The purpose of the Act is to implement the provisions of EU Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU. The Act also amends and updates the existing legislation underpinning the Convention regime in respect of transfers for non-EU states, including the United Kingdom.The existing legislation implementing the Convention has been subject to legal challenge in recent years due to differences in sentencing structures between states. This uncertainty has necessitated extensive legal review of each individual application to evaluate potential issues and these differences have proven difficult, and often impossible, to reconcile. The amendments to the existing legislation provided for in the Act will address these issues and will simplify and streamline the transfer process.
Once signed into law by the President, I expect those elements of the Act transposing the Framework Decision will be commenced as soon as possible. The timeline for commencement of the amendments to the Convention regime is to be determined, but I do not expect a significant delay before the Act comes into operation in its entirety.
Resourcing will be kept under review to ensure that applications are properly considered in a timely manner.
556. Deputy Jennifer Murnane O'Connor asked the Minister for Justice further to Parliamentary Question No. 455 of 24 January 2023, if he has received the necessary information from the Garda authorities for this question to be answered; and if he will make a statement on the matter. [8261/23]
Amharc ar fhreagraFurther to Parliamentary Question No. 455 of 24 January 2023 I can confirm that carriers are required to ensure that passengers travelling to the State are in possession of a valid travel document that establishes the person’s identity and nationality, and that they have the appropriate visa if required. Section 2(1) of the Immigration Act 2003 specifically refers.
Where a person arrives in the State without the required documentation, such as a visa or a passport, the Garda National Immigration Bureau (GNIB) will issue notices and fines to the responsible carriers.
Carrier liability fines are provided for in the Immigration Act 2003 (Carrier Liability) Regulations 2003.
In 2022, I am advised that the GNIB issued 964 carrier liability fines. Each fine is €1,500, rising to €3,000 for each offence if it isn’t paid in 28 days. Approximately €1.1 million has been paid to An Garda Síochána to date for the year 2022. However, November 2022 and December 2022 claims are still being processed.
Immigration Officials are actively engaging with airport authorities and airlines at a senior level to underscore the importance of passengers possessing correct documentation and to provide support in helping them to reduce the number of passengers boarding flights without the correct documentation.
The Border Management Unit and the GNIB are working closely with airlines on a range of measures to ensure that passengers have such documentation when boarding. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
557. Deputy Thomas Pringle asked the Minister for Justice if his Department has conducted any recent review into the IPO's treatment of SOGI (sexual orientation or gender identity) asylum claims to establish whether LGBT asylum seekers have faced discrimination in the IP process; the reason his Department does not collect or publish statistics on the number of SOGI claims made or the rate of rejection for these claims; the guidance that has been issued to the IPO in relation to SOGI claims; and if he will make a statement on the matter. [8279/23]
Amharc ar fhreagraI can advise the Deputy that Ireland follows the guidance of the UNHCR in relation to claims for international protection based on sexual orientation and/or gender identity and was one of the first countries to specifically bring sexual orientation within the ambit of a ‘particular social group’, under the legislation that was in force prior to the commencement of the International Protection 2015. I can also advise the Deputy that comprehensive training for International Protection Office (IPO) caseworkers and interviewers is conducted in conjunction with the UNHCR.
The IPO has incorporated the Difference, Stigma, Shame, Harm (DSSH) model into training for caseworkers. The model is designed to help the applicant provide a detailed narrative and provides a sensitive and appropriate way of assessing credibility in sexual orientation/gender identity (SOGI) claims. Written guidance on assessing SOGI claims has also been provided to all staff and contracted panel members. In addition, the IPO, in conjunction with the UNHCR, carries out a quality assurance process to review a sample of international protection recommendation reports.
As the Deputy may be aware, my Department is legally obliged to protect the identity of persons seeking international protection. As each application is examined on its own merits, the IPO, and the ORAC before 2017, has never kept statistics on the grounds on which applications are made. While an applicant may provide a particular Convention ground at the time of application, following a full examination of the applicant’s claim, it may be the case that the applicant does not articulate a well-founded fear of persecution for the ground stated at time of application, but could have a compelling case under another ground.
I am satisfied that all international protection applications, including those with a SOGI-based element, are examined fairly, sensitively and impartially by fully trained caseworkers and contracted panel members in accordance with all relevant UNHCR and EUAA (European Union Agency for Asylum) guidelines and also in accordance with the applicable laws, including case-law.
