Written Answers Nos. 305-324
305. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which a disability allowance payment is likely to be affected by participation in part-time employment in the case of a person (details supplied); and if she will make a statement on the matter. [20170/23]
Amharc ar fhreagraDisability allowance (DA) is a means-tested payment for people with a specified disability who are aged 16 or over and under the age of 66. The applicant must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has lasted for one year or is expected to last for one year and, as a result of which, they are substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications. The person must also satisfy a means test and be habitually resident in the State.
Recognising that all work is rehabilitative, the DA scheme is structured to encourage recipients to avail of opportunities to engage in either insurable employment or self-employment. When an individual engages in work, they can avail of an income disregard of 100% of the first €165 earned per week. 50% of earnings between €165 and €375 are also disregarded for the purpose of the means test. Any amounts over €375 are assessed in full. This disregard is available to all DA recipients who engage in employment and there are no restrictions on the hours worked each week.
Under the make work pay initiative, where a DA recipient's means exceed the limits, even after the disregard is applied to their earnings, they are entitled to retain their free travel (FT) pass for five years. My Department has also put in place a system for the fast-track reinstatement of DA for people with disabilities who have taken up or returned to an employment which subsequently did not work out within 12 months.
I trust this clarifies the matter for the Deputy.
306. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress in relation to a pension top-up on foot of contributions or otherwise in the case of a person (details supplied); and if she will make a statement on the matter. [20174/23]
Amharc ar fhreagraState pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the state, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record.
An application for state pension non-contributory was received from the person concerned on 17 April 2023. On 25 April 2023, the Deciding Officer issued a form (HRC1) to the person for completion to determine if they satisfy the habitual residence condition for this pension. The Deciding Officer also requested a Social Welfare Inspector to investigate their weekly means and has been asked to expedite their investigation.
On return of the required information, a determination on the person's eligibility for pension will be made and the person will be notified of the outcome in writing.
I trust this clarifies the matter for the Deputy.
307. Deputy Bernard J. Durkan asked the Minister for Social Protection if an application for illness benefit in the case of a person (details supplied) will be referred for an oral hearing given the history of illness in the case; and if she will make a statement on the matter. [20175/23]
Amharc ar fhreagraDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions
I confirm that my Department received an application for DA from the person concerned on 2 December 2022. Based on the evidence supplied in support of this person’s application, his application was disallowed on the grounds that both the medical qualifying condition was not satisfied and he did not satisfy the conditions of being habitually resident in the state. The person concerned was notified in writing of this decision on 9 February 2023, and was given the right to a review or an appeal.
Further medical evidence and a valid Stamp 4 were received. While the HRC conditions were deemed to be met, the person concerned was disallowed on the grounds that the medical qualifying condition was still not satisfied. The person concerned was notified in writing on 15 March 2023.
A review of the decision of 15 March 2023 in relation to not satisfying the medical qualifying conditions was carried out. The original decision was upheld, and the person concerned was notified in writing of this decision on 29 March 2023 and was given the right to request a review or to appeal the decision to the independent Social Welfare Appeals Office (SWAO).
I can confirm that no request for a review or an appeal has been received to date.
An appeal request can be submitted to the SWAO in writing, outlining their reason for an appeal and by submitting additional supporting documentation to support their application.
Details of the SWAO are as follows:
Social Welfare Appeals Office, FREEPOST, D’Olier House, D’Olier Street, Dublin 2, DX2 XY31 or by email to: swappeals@welfare.ie.
I trust this clarifies the matter for the Deputy.
308. Deputy Louise O'Reilly asked the Minister for Social Protection if she will provide a list of contracts her Department currently has with a company (details supplied); and the estimated value of those contracts. [20192/23]
Amharc ar fhreagraThe Department currently holds no contracts with the company concerned.All contracts awarded by the Department are published quarterly on Gov.ie at www.gov.ie/en/collection/6d4953-procurement-contracts-awarded/.
I hope this clarifies the position for the Deputy.
309. Deputy Holly Cairns asked the Minister for Justice the steps he is taking to address post-separation abuse experienced by survivors of gender-based violence; and if he will make a statement on the matter. [19952/23]
Amharc ar fhreagra310. Deputy Holly Cairns asked the Minister for Justice the steps he is taking to ensure that all persons within the policing and justice system who interact with survivors of gender-based violence have been provided with specialised training; and if he will make a statement on the matter. [19953/23]
Amharc ar fhreagra311. Deputy Holly Cairns asked the Minister for Justice the steps he is taking to collate and publish anonymised data from family courts concerning gender-based violence cases; and if he will make a statement on the matter. [19954/23]
Amharc ar fhreagra312. Deputy Paul Murphy asked the Minister for Justice if she is aware of a specific type of abuse, post-separation abuse; if he will ensure the implementation of reporting in all family court cases to investigate the extent of the problems within the current system; and if he will make a statement on the matter. [19980/23]
Amharc ar fhreagraI propose to take Questions Nos. 309 to 312, inclusive, together.
The Government’s Zero Tolerance Strategy, published last year, is an ambitious five-year programme of reform aimed at achieving a society which does not accept any form of domestic, sexual and gender-based violence (DSGBV) or the attitudes which underpin it.
Built on the four pillars of the Istanbul Convention, the Strategy was accompanied by an implementation plan which runs to the end of this year, setting out 144 detailed actions assigned to various departments and agencies.
Some of the key elements of the Strategy include:
the establishment of a statutory DSGBV Agency,
doubling of the number of refuge places,
expanding supports for victims,
strengthening legislative provisions, and
working to raise awareness of DSGBV and the supports available.
I am aware that for some victims of domestic violence, the perpetrator will continue to try and control them or have influence over their lives, even post separation and this, clearly, is unacceptable. I fully agree that we must have a criminal and family law system that supports victims and can identify and respond where this is the case. This includes looking at how the two systems interface.
A number of the actions contained in this years implementation plan for the Third National Strategy, build on the reforms already introduced under Supporting A Victims Journey. These reforms are focused on creating a more victim centred criminal justice system to ensure that victims, and in particular vulnerable victims, feel empowered to report crimes, and that when they do, they are fully supported at every stage of their interaction with our justice system.
A number of key reforms have already been implemented. These include-
Legislating for preliminary trial hearings, which will help to reduce fear of re-victimisation or re-traumatisation for victims;
Increased funding for NGOs providing court accompaniment and related information and support services;
The nationwide rollout of Divisional Protective Services Units across all Garda Divisions and the establishment of a specialised sexual offences unit in the Office of the Director of Public Prosecutions
Work to advance the training for all personnel who come into contact with vulnerable victims is underway, as is work on supporting vulnerable witnesses in court, and
The University of Limerick is running a training programme for intermediaries, with the first cohort of trained intermediaries due to graduate this year
Another important action when it comes to address post separation abuse is a body of research supported by my Department which is being published by the NWCI on 3 May. This research looked at the intersection of criminal, family, and child protection law for victims of domestic and sexual violence.
As the Deputy will be aware Minister McEntee published the first National Family Justice Strategy last November and secured Government approval for the Family Courts Bill 2022, which was published on 1st December. These are the mechanisms by which we are advancing important reforms of how our family justice system operates to make it more supportive and protective when there are vulnerable parties, particularly in cases where there is a history of domestic violence. It will also make it more efficient and user-friendly and significantly less adversarial. The aim is to develop a system that puts the family at the centre of its work and that protects vulnerable parties throughout proceedings.
Delivery of the Strategy’s nine goals and over 50 actions is overseen by the Family Justice Implementation Group, which meets once a quarter to monitor and review progress. The Group last met on 24th March.
Relevant priority actions in 2023 include:
To consider findings of research commissioned by the Department of Justice, which explores the interface and interaction of civil family law, public criminal law and the child protection justice systems, and develop proposals as required for the family justice system.
Establish a Working Group to review existing training needs for those working within family justice including:
- Research the minimum standards and recommended training required for professions working in the family justice area
- Identify professional development opportunities to address identified gaps relevant to profession/relevant to all where appropriate and;
- Engage with educational and professional bodies and associations to develop and implement training across professions in core family justice areas e.g. child-centred approach, dispute resolution, trauma-informed practice.
Establish a Working Group to improve data sharing, data collection and data quality across the family justice sector. This Group will work to:
-Establish formal statistical reporting, initially to the family justice implementation body, to provide an overall view of the current performance of the family justice system and to allow for better monitoring and evaluation.
-Identify areas of misunderstanding or roadblocks in collecting, processing or sharing data between family justice bodies and make recommendations to improve processes, systems and amend or develop legislation to enable sharing, improve efficiencies and reduce duplication of effort.
Commission research to examine the operation of the in camera rule, including: Reviewing the current operation of the rule and analysing the issues with current statutory exceptions which permit research and reporting on cases and recommend any legislative changes.
313. Deputy Seán Haughey asked the Minister for Justice if he will take appropriate measures to deal with delays in the Dublin coroner’s office in undertaking post-mortems which can cause unnecessary distress for bereaved families; and if he will make a statement on the matter. [20000/23]
Amharc ar fhreagraI am acutely conscious that any delay in the carrying out of coroner-directed post-mortems can be upsetting for bereaved families and loved ones.
The Coroner Service provides a valuable service to next of kin and society in general in seeking to explain the causes of death in those instances which are reportable by law.
The Department of Justice has responsibility for providing financial and administrative support to the Dublin District Coroner’s Office since 1st January 2018 - Coroners in all other districts are the responsibility of their respective Local Authorities.
Waiting times for the completion of post-mortem examinations in the Dublin District Mortuary (DDM) generally fluctuate depending on the demands on the service, but recent developments, including the withdrawal by a number of hospitals in the Dublin region of pathology services for Coroner-directed post-mortem examinations has placed increased pressures on the service. The DDM nevertheless works to ensure that waiting times for post-mortem examinations carried out at the DDM are kept to a minimum. The Dublin District Coroner’s Office is exploring whether some, or all, of the hospitals in question can recommence conducting Coroner directed post-mortem examinations.
The Dublin District Coroner’s Office have also appointed two locum APTs and are seeking to appoint another. The DDM also established an APT trainee programme in 2021 and is currently preparing to run a second recruitment campaign to bring in additional trainees this year.
The Department of Justice has also established a Standing Committee tasked with considering the core issues involved in the provision of a sustainable pathology service to coroners in the longer term. The committee includes representatives from the Department, the Coroners Society, the Office of the State Pathologist, the HSE, the Royal College of Physicians – Faculty of Pathology, and the Local Authorities.
314. Deputy Bríd Smith asked the Minister for Justice further to Parliamentary Question No. 1097 of 21 March 2023, if the e-vetting of applicants for 2023 is being processed ahead of applicants for 2021 and 2022; the reason this is happening; the length of time the e-vetting process will take for 2021 and 2022 applicants; and if he will make a statement on the matter. [20111/23]
Amharc ar fhreagraMy Department is taking a number of steps to speed up the processing of applications for naturalisation and a number of digitisation measures have 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 and therefore improve service to our customers and reduce waiting times.
In early 2023, as part of this streamlining process, a registration unit was established within Citizenship Division to ensure earlier registration and acknowledgment of applications as they are received. In 2022 it took on average seven months for this part of the process to be completed. Under the new system it has been reduced to a matter of weeks. As a by-product of this development, applications received under these new arrangements have commenced the eVetting process sooner. eVetting links will, however, shortly issue to all existing customers who applied prior to January 2023 and have yet to receive them.
315. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 304 of 20 April 2023, the reason data protection prohibits him from stating the number of charges and convictions in each year under the Acts concerned, given that the names of those charged and convicted would have been a matter of public record at the time and not subject to any restrictions on reporting or publication; and if he will make a statement on the matter. [20113/23]
Amharc ar fhreagraI can inform the Deputy that the data provided to him in question 304 of 20th of April was not data on convictions or the number of persons charged under the Acts in question. The data provided was of incidents recorded on the Garda PULSE system. As the Deputy can appreciate not every incident recorded on the PULSE system necessarily leads to an individual appearing before a Court, and therefore is not synonymous with the publicly available records held by the Courts Service.
I am advised by the Garda authorities that An Garda Síochána adhere to the highest standards for protection of personal data processed for law enforcement purposes, in line with the requirements of Part 5 of the Data Protection Act 2018.
I am also advised that An Garda Síochána follow an approach informed by advice from the An Garda Síochána Data Protection Unit to withhold low volume counts, and therefore generally no figures less than 10 are provided. Figures between 5 and 10 are provided in some specific circumstances where it is necessary to do so, and there are lower risks to the individual data subjects concerned.
316. Deputy Paul Kehoe asked the Minister for Justice the oversight that is in place for GSOC operations; and if he will make a statement on the matter. [20126/23]
Amharc ar fhreagraAs the Deputy will be aware under the Garda Síochána Act 2005 (as amended), the Garda Síochána Ombudsman Commission (GSOC) is independent in the performance of its functions. As Minister, I have no direct role in such matters.
The existing legal framework for the operation of GSOC is set out in Part 3 of the Garda Síochána Act 2005 (as amended). The Act includes provisions designed to ensure the confidentiality of all information obtained by GSOC for the purpose of implementing its statutory functions. It is a matter for GSOC to ensure that these provisions are complied with.
As GSOC is statutorily independent in its operation and administration, it would not be appropriate for me, as Minister, to comment on or interfere with investigations.
In accordance with the Code of Practice for the Governance of State Bodies, the relationship between GSOC and my Department is governed by an oversight agreement, with performance expectations set by annual agreement.
The oversight agreement sets out the broad governance and administrative accountability framework within which GSOC operates, and defines the key statutory and administrative roles, responsibilities and commitments that underpin its relationship with my Department.
Under the Code of Practice for the Governance of State Bodies, GSOC is required to seek the Minister's views on its strategy. GSOC is also required under the Code to submit an Annual Compliance Statement to the Minister for Justice.
GSOC is also accountable to the Oireachtas under certain provisions within the Garda Síochána Act 2005, subject to certain safeguards in relation to its work.
As the Deputy may also be aware, section 109 of the 2005 Act provides that the Minister may request the Chief Justice to invite a judge to inquire into the conduct of a designated officer of GSOC in relation to investigations under the Act.
GSOC has a vital role in upholding confidence in policing in Ireland, and it is incredibly important that public confidence in GSOC be maintained. I can also advise the Deputy that the Policing, Security and Community Safety Bill 2023 is a Bill that gives effect to a Programme for Government commitment and has its origins in the report of the Commission on the Future of Policing in Ireland (CoFPI).
A key objective of the Bill is to simplify and streamline GSOC’s investigation processes and to deliver a more efficient and effective complaints handling system overall. The Bill, when enacted, will also reform the structure of the body and provide a new framework for governance and accountability. The Bill was published on 19 January 2023. It is currently making its way through the legislative process and I aim to have it enacted and commenced by January 2024.
317. Deputy Paul Kehoe asked the Minister for Justice the number of vehicles that are in the operation of GSOC; and if he will make a statement on the matter. [20128/23]
Amharc ar fhreagra318. Deputy Paul Kehoe asked the Minister for Justice the number of people employed by GSOC; and if he will make a statement on the matter. [20130/23]
Amharc ar fhreagraI propose to take Questions Nos. 317 and 318 together.
As the Deputy will be aware, the Garda Síochána Ombudsman Commission (GSOC) has a very important role to play in ensuring public confidence in An Garda Síochána and it has extensive powers under the Garda Síochána Act 2005 (as amended).
The Government is committed to ensuring that GSOC has the necessary supports and resources in order to fulfil its statutory functions and mandate. I can inform the Deputy that Budget 2023 made provision of €16.2 million for the Commission to provide for the staff and expenses of GSOC’s operations.
I am advised that as of 26 April 2023 there were 19 cars attached to GSOC.
I am further advised that there are currently a total of 161 officers serving in GSOC with roles in casework, investigations, protected disclosures and the corporate administration function.
319. Deputy Ged Nash asked the Minister for Justice in light of the financial pressure experienced by a person (details supplied) if his Department will agree to renew his stamp 4 on a two or three-yearly basis rather than annually; and if he will make a statement on the matter. [20135/23]
Amharc ar fhreagraI am aware, particularly in the current economic climate, of the financial pressures that non-EEA nationals in the State are under. The cost of registration and validity periods for permissions is kept under ongoing review by my Department. However, there are no current plans to reduce the fee or extend any validity periods.
All non-EEA persons over the age of 16 are required by Section 9 of the Immigration Act 2004, as amended, to register their permission to be in the State and are issued with an Irish Residence Permit (IRP) Card which displays details of the permission granted, the conditions attaching and the expiry date of the permission. The period of permission in the majority of cases is for a period of 12 months and a standard fee of €300 applies except for certain defined categories which are exempted; the individual in this case would not appear to fall into any such categories.
320. Deputy Louise O'Reilly asked the Minister for Justice if he will provide a list of contracts his Department currently has with a company (details supplied); and the estimated value of those contracts. [20189/23]
Amharc ar fhreagraI can inform the Deputy that my Department does not have any contracts with the company named.
321. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine if he will provide an update on the establishment of the Food Vision Tillage Group; and if he will make a statement on the matter. [19949/23]
Amharc ar fhreagraThe tillage sector is an important and integral component of the Agri-food industry. It is a major producer of high-quality grain for the animal feed industries and straw for feeding and bedding. Tillage growers also make a significant contribution to the food and drinks sectors.
A vibrant and sustainable tillage sector is central to increasing Ireland’s food and feed security while also contributing to climate change objectives. Maintaining the current tillage area with an ambition for further growth is therefore an important strategic objective of my Department. This is highlighted in the Food Vision 2030 Strategy and more recently in the Climate Action Plan where a target has been set to grow the area under tillage crops to 400,000ha by 2030.
There are opportunities for the sector to expand and to increase the production of grain for the high value food and drinks sectors while also substituting imports of feed grains and proteins adding to the sustainability of Irish produced food and feed. Last year was a good year for the tillage growers. However, I am acutely aware of the challenges for this season including higher input prices, lower forward grain prices and competition for land.
To help grow this important sector, I am currently establishing a Food Vision 2030 Tillage Group. This group will bring together all relevant stakeholders to set out a roadmap for the sustainable growth and development of the sector to 2030. I hope to announce details of the Terms of Reference along with the Group’s membership shortly. The first meeting of the Group will take place in May.
322. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when an agency (details supplied) in County Mayo will be provided with more resources in order to be able to provide a service to all the people that require it in County Mayo, in view of the need for this service and the importance of same; and if he will make a statement on the matter. [20002/23]
Amharc ar fhreagraUnder the Agriculture, (Research, Training and Advice) Act, 1988, Teagasc has statutory responsibility for the delivery of education, advisory and research services to the agriculture sector. Teagasc develops its programmes and services in conjunction with its clients and partners overseen by the Teagasc Authority comprising representatives of the main stakeholder groups in the agri-food sector.
Teagasc currently employs over 1,400 staff at some 50 locations throughout the country. The allocation of staff to particular locations is exclusively an operational matter for Teagasc and not something that my Department can become involved with.
My Department has, however, been working to provide Teagasc with more resources for the advisory and education service. It includes sanctioning 44 additional permanent posts this year and recently approving 20 temporary teachers to facilitate extra places on the Teagasc Green Cert Programme from September.
323. Deputy Patrick Costello asked the Minister for Agriculture, Food and the Marine if he will provide an update on the expenditure on the Food Dudes programme since it commenced in 2009, broken down annually in tabular form; and if he will make a statement on the matter. [20069/23]
Amharc ar fhreagraThe expenditure requested by the Deputy is set out in the table below. Ireland receives an annual allocation of funds from the EU through the EU School Scheme for school fruit, vegetables, which is supported by National Exchequer funds for the Food Dudes programme, as made available.
|
School Year |
EU Contribution€ |
National Contribution€ |
Total€ |
|
2009 – 2010 |
475,423 |
2,049,354 |
2,524,777 |
|
2010 – 2011 |
503,652 |
2,042,981 |
2,546,632 |
|
2011 – 2012 |
510,666 |
2,263,878 |
2,774,544 |
|
2012 – 2013 |
430,388 |
1,757,843 |
2,188,231 |
|
2013 – 2014 |
371,301 |
1,497,757 |
1,869,058 |
|
2014 – 2015 |
861,911 |
1,934,239 |
2,796,149 |
|
2015 – 2016 |
1,171,014 |
1,671,974 |
2,842,988 |
|
2016 – 2017 |
1,306,687 |
1,836,939 |
3,143,626 |
|
2017 – 2018 |
2,124,831 |
1,857,000 |
3,981,831 |
|
2018 – 2019 |
1,849,760 |
1,857,000 |
3,706,760 |
|
2019 – 2020 |
2,266,887 |
2,000,000 |
4,266,887 |
|
2020 – 2021 |
1,757,779 |
2,000,000 |
3,757,779 |
|
2021 – 2022 |
1,821,202 |
2,500,000 |
4,321,202 |
324. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the measures that will be put in place to ensure the funding that should be spent for the next 12 months on planting, roads and so on (details supplied) will be spent; and if he will make a statement on the matter. [20105/23]
Amharc ar fhreagraThe Deputy will be aware that expenditure on the forestry programme is demand-led. The shortfall in spending in 2022 was primarily due to the anticipated level of planting not being reached, with 2,273 hectares planted against a target of 8,000 hectares.
This is often a feature of the final year of a Programme, as those with valid licences adopt a 'wait and see' attitude to see whether they would benefit from transitioning to the new Forestry Programme 2023 2027. This is borne out by the fact that at the end of 2022 there were over 1,000 approved afforestation licences with a total of 7,500 hectares where planting had not commenced.
Over 1,500 hectares of these valid approvals have opted into the interim scheme which was launched in December to enable planting take place while awaiting state aid approval for the new programme. In addition, 71 road applications representing 27,560 linear metres have been approved under the interim road scheme.
The Deputy will be aware that funding of €1.3 billion has now been secured for the next Forestry Programme. Subject to State Aid approval, this will support the biggest and best-funded Forestry Programme to date in Ireland. This funding provides unprecedented incentives to encourage the planting of trees that can provide a valuable addition to farm income and to help meet our national climate and biodiversity objectives.
It includes proposed attractive grant and premiums that will support landowners to plant trees in a manner to providing lasting benefits for many key areas including climate change, biodiversity, wood production, employment alongside enhancing societal benefits.
The Forestry Programme requires State Aid approval from the European Commission to implement. We have been working intensively with the European Commission to secure this State Aid approval for the new Forestry Programme and have submitted formally last week.
In addition to launching interim schemes for afforestation, roads and the reconstitution of ash dieback, all applications that are in the system are being worked on and processed in the normal manner, progressing to the point just before certification and approval. The aim is to have all the work completed on as many grant aid files as possible, so that approvals will be ready to issue as soon as the state aid approval is granted.
Along with Minister of State Pippa Hackett, who has overall responsibility for the sector, I am confident that when approval is secured the proposed new forestry programme and the accompanying €1.3 billion budget will have a major positive impact on planting targets over the lifetime of the programme.
