Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Wednesday, 25 Oct 2023

Written Answers Nos. 119-138

Departmental Consultations

Ceisteanna (119)

Carol Nolan

Ceist:

119. Deputy Carol Nolan asked the Minister for Social Protection if her Department, or any body under the aegis of her Department, has facilitated in-person or remote briefings on any issue from organisations (details supplied) from 2021 to date; if so, the topic discussed; the fees paid to the organisations for these briefings; and if she will make a statement on the matter. [46759/23]

Amharc ar fhreagra

Freagraí scríofa

There have been two engagements between officials in my Department, including the General Register Office, and TENI since 2021.

The first engagement took place in TENI head office in June 2022 and was in relation to the production by the General Register Office of an information booklet on the application and legal process involved in acquiring a gender recognition certificate as set out in recommendations 10A and 10B of the Review of the Gender Recognition Act 2015.  There was no fee for this meeting. 

The second engagement discussed the experience of living as a non-binary person for a Project Leadership Team established under the Department's Engagement and Innovation Programme.  The project was established in accordance with recommendation 2C of the Review of the Gender Recognition Act 2015 and involved a number of individual phone conversations and an online talk to the group in February 2023 from the education officer in TENI.  There was no fee for this engagement. 

I trust this clarifies the matter for the Deputy.

Caiteachas Ranna

Ceisteanna (120)

Mairéad Farrell

Ceist:

120. D'fhiafraigh Deputy Mairéad Farrell den Aire Coimirce Sóisialaí an bhfoilseoidh sí an méid iomlán a íoctar mar 'Sochar Linbh' sa stát in 2018, 2019, 2020, 2021 agus 2022 agus i bhfoirm thábla. [46764/23]

Amharc ar fhreagra

Freagraí scríofa

Is Íocaíocht mhíosúil é an Sochar Leanaí a thacaíonn le tuismitheoirí agus caomhnóirí. Íoctar é do gach leanbh.

• a ghnáthchónaíonn leat agus a bhfuil tacaíocht iomlán á tabhairt agat dóibh

• atá níos óige ná 16 bliana d’aois atá in oideachas lánaimseartha nó atá ag tabhairt faoi oiliúint lánaimseartha nó atá faoi mhíchumas agus nach féidir leo tacú leo féin.

Is féidir éileamh a dhéanamh ar Shochar Linbh freisin do leanaí 16 agus 17 mbliana d’aois má tá siad in oideachas lánaimseartha nó in oiliúint lánaimseartha nó má tá míchumas orthu agus nach féidir leo tacú leo féin.

San am atá I Láthair ní íoctar Sochar Linbh thar ceann leanaí atá 18 mbliana d’aois nó níos sine, fiú má bhíonn siad in oideachas nó faoi oiliúint ach ó Mhí Mhean an Fhómhair 2024 beidh Sochar Linbh a leathnú chuig daoine atá 18 mbliana d’aois in oideachas lánaimseartha.

Eiseofar íocaíocht dhúbailte de shochar leanaí chun tacú le gach teaghlach i mí na Nollag 2023.

Tá súil agam go soiléiríonn é seo an t-ábhar don Teachta.

Bliain

Caiteachas (€ milliún)

Faighteoirí

Líon na bPáistí

2018

2,097.96

628,354

1,202,925

2019

2,102.33

637,007

1,216,475

2020

2,102.33

633,456

1,206,848

2021

2,090.45

630,632

1,197,794

2022

2,284.58

648,053

1,220,978

State Pensions

Ceisteanna (121)

Claire Kerrane

Ceist:

121. Deputy Claire Kerrane asked the Minister for Social Protection if farmers who were in receipt of farm assist between the years 1998 and 2016, and who accrued class S contributions during this time are eligible for the State pension; if she will advise on any changes to the system of calculating class S contributions from those on farm assist regarding the State pension since 2016; and if she will make a statement on the matter. [46808/23]

Amharc ar fhreagra

Freagraí scríofa

The Farm Assist scheme was introduced in 1999 to provide income support for low income farmers.  It replaced the former smallholders’ unemployment assistance payment.  In line with the then existing arrangements for unemployment assistance (including smallholders) and pre-retirement allowance, the income of farm assist recipients was exempt from class S PRSI for self-employed workers.  Recipients of farm assist who had previously paid class S social insurance had the option of paying voluntary contributions to maintain their social insurance record, including their entitlement to State pension contributory, provided they satisfied the qualifying conditions.

Since 1st January 2007, the exemption from class S PRSI has been removed and those receiving jobseeker’s allowance and farm assist are subject to class S PRSI as self-employed contributors on their self-employed income, provided their annual income is €5,000 or more. 

Since April 1988, class S contributions are reckonable for the State Pension (contributory).  A minimum of 520 paid contributions, which may be class S, are required to access the State Pension (contributory).

There has been no changes to how Class S contributions are assessed for State Pension purposes since 2016.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (122)

Robert Troy

Ceist:

122. Deputy Robert Troy asked the Minister for Social Protection if she will urgently reinstate fuel allowance to a person (details supplied). [46833/23]

Amharc ar fhreagra

Freagraí scríofa

Fuel Allowance is an administrative (non-statutory) scheme and is payable to people who satisfy the conditions of the scheme and who either live alone or only with certain qualified people.

I  can confirm that the person concerned is currently in receipt of Disability Allowance effective from 26 September 2018.  In addition, the person concerned was in receipt of fuel allowance from 26 September 2018 to 4 April 2023.

My Department periodically reviews claims to ensure there is continued entitlement. 

An information request issued to the person concerned on 11 March 2023, to establish his continued entitlement to fuel allowance.  The requested information was received by my Department on 22 March 2023.

Based on the information provided to my Department, the person concerned does not qualify for the allowance as he is not living alone and his household includes a person who is in receipt of Illness Benefit which is not a qualifying social welfare payment.

The person concerned was notified in writing of this decision on 3 April 2023.

I can confirm that, to date, the person concerned has not submitted a new application for fuel allowance or requested a review of the decision of 3 April 2023.

I trust this clarifies the matter for the Deputy.

Pension Provisions

Ceisteanna (123)

Noel Grealish

Ceist:

123. Deputy Noel Grealish asked the Minister for Social Protection to outline the timelines for auto-enrolment, including when it will be ready to launch; if she plans to seek submissions from asset managers on how they will manage pension savings, given that asset managers may be reluctant to sign up to a four-year contract that is likely to be loss-making for some time, without any certainty of it being renewed; and if she will make a statement on the matter. [46854/23]

Amharc ar fhreagra

Freagraí scríofa

The introduction of an Auto Enrolment Retirement Savings System is a Programme for Government commitment, and a key priority for me as Minister for Social Protection.

Last year, I published 'The Design Principles for Ireland’s Automatic Enrolment Retirement Savings System', which sets out the new system in detail. Implementation of the AE system has been gathering pace since then, with the first enrolments expected to begin in the latter half of 2024.

A dedicated project team in the Department of Social Protection is solely focused on implementing the agreed design, including by drafting the necessary legislation that will underpin it, designing the organisational structures and the technical system to operate it, and communicating this landmark reform to stakeholders and the public.

It is my intention to publish the AE Bill during this current session of the Dáil, with initiation of its passage through the Oireachtas immediately thereafter.  This will be a major milestone in progressing towards the implementation of AE.

Investment of participants’ contributions will be managed by commercial investment managers whose services will be procured by the Central Processing Authority (CPA) through an open tender process. These contracts will be tendered for periodically with options for extension. The investment service to be provided to the CPA will be set out in detail in the resulting contracts.

My Department continues to work intensively on putting the administrative and operational processes in place, in order to ensure that contributions in the AE system can commence in 2024. Specifically in relation to the procurement of investment management service providers, the Department is currently engaged in a market research exercise which will inform the specification of requirements for this tendering process to commence early in 2024.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (124)

Peadar Tóibín

Ceist:

124. Deputy Peadar Tóibín asked the Minister for Social Protection if she will examine and expedite a case on behalf of a person (details supplied), given the length of time the original application is on the system. [46861/23]

Amharc ar fhreagra

Freagraí scríofa

Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.  

The Department received a claim for IP for the person concerned on 3 May 2022.  To qualify for IP, a claimant must, inter alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution years before the relevant date of their claim.   The person in question does not have the required 260 paid PRSI contributions in Ireland.  The claim was refused on 7 May 2022 under national legislation on the grounds that the contribution conditions for the scheme are not satisfied and the person referred to was notified of the decision on the same date. 

As the person concerned had previously worked in the Netherlands, a request was made to the Dutch Authorities for her social insurance contribution record there.  An application was also made on her behalf to the Dutch Authorities for an equivalent IP payment from them.  Her contribution record has now been received and she satisfies the contribution conditions for Invalidity Pension under Bilateral/EU Regulations.  She must also satisfy the medical conditions for the scheme.

The Dutch Authorities have requested a detailed medical report (DMR) for the application with them which was made on behalf of the person in question by my Department.  When completed, the same DMR will be used to establish if she satisfies the medical conditions for her IP claim here.  In this regard, a Medical Assessor has requested that the person concerned attend for an in-person medical assessment for the purposes of completing the DMR.  An appointment has been arranged for her to attend for the medical assessment on 0 November 2023 and she has been notified of the appointment date by letter on 23 October 2023.  

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Ceisteanna (125)

Donnchadh Ó Laoghaire

Ceist:

125. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection to provide details of her Department’s plans for a permanent so-called voucher scheme for the Deaf community under section 9 of the Irish Sign Language Act 2017, in 2024; and to confirm if funding has been allocated to provide this scheme on a permanent basis from 1 January 2024. [46875/23]

Amharc ar fhreagra

Freagraí scríofa

Section 9 of the Irish Sign Language (ISL) Act, 2017, assigns responsibility to the Minister for Social Protection, to provide funds to facilitate users of Irish Sign Language to access social, educational and cultural events and services (including medical) and other activities. 

I have assigned the implementation of these responsibilities to the Citizens Information Board (CIB), the statutory body under the aegis of my Department, and its Service Delivery Company, the Sign Language Interpreting Service (SLIS).  SLIS is an independent body, funded and supported by CIB, to develop, promote and deliver quality sign language interpreting services to the Deaf community in Ireland, including face to face and remote services.

In 2021, CIB and SLIS launched a pilot project, supported by the Department of Social Protection, which involved the creation of a Voucher Scheme for users of ISL to access free interpreting for social, educational and cultural events and services (including medical services) and other activities.  Findings from the July 2022 evaluation of this successful pilot have informed the design and roll out of the permanent Voucher Scheme.  

I am delighted to confirm that the "Voucher Scheme" was officially launched by SLIS on 1st October 2023.  It will allow individuals to book interpretation services to meet their needs in respect of access to social, cultural and education activities.  This is an important step in the implementation of the Irish Sign Language (ISL) Act 2017.

2023 funding has been provided and I can confirm that 2024 funding has been secured as part of the recent Budget process.  As stated previously, I am firmly committed to supporting and funding the Voucher Scheme now and into the future, on a permanent basis, in line with my responsibilities under the ISL Act. 

Social Welfare Benefits

Ceisteanna (126)

Brendan Griffin

Ceist:

126. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for disability allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46885/23]

Amharc ar fhreagra

Freagraí scríofa

Disability 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 can confirm that the Department received an application for DA from the person concerned on 4 October 2023.  A request for information issued to the customer on 17 October 2023.  On completion of a review of all aspects of their application, a decision will be made and the person concerned will be notified directly of the outcome. 

The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim. 

In the meantime, the person concerned can apply to the Community Welfare Officer for the means-tested Supplementary Welfare Allowance (SWA) if they are in need of financial assistance, while awaiting the outcome of their application.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (127)

Marian Harkin

Ceist:

127. Deputy Marian Harkin asked the Minister for Social Protection if she will outline the dates of payment of social welfare payments for Christmas week and the week up to the end of December 2023; and if she will make a statement on the matter. [46907/23]

Amharc ar fhreagra

Freagraí scríofa

As in previous years my Department schedules payments over the Christmas holiday period to cater for post offices, banks and credit unions being closed.  This Christmas, double payments will be made in the week commencing Monday 18th of December.  This ensures that social welfare customers will receive their weekly payments even though financial institutions and post offices are closed on Monday 25th, Tuesday 26th and Wednesday 27th December. 

The scheduling of the double week payments being made in the week commencing Monday 18 December 2023 are as follows:

• Monday 18th December customers will receive their social welfare payment for that day and for Monday 25th December.

• Tuesday 19th December customers will receive their social welfare payment for that day and for Tuesday 26th December.

• Wednesday 20th December customers will receive their social welfare payment for that day and for Wednesday 27th December.

• Thursday 21st December customers will receive their social welfare payment for that day and for Thursday 28th December.

• Friday 22nd December customers will receive their social welfare payment for that day and for Friday 29th December.

Post offices are usually open on Saturday mornings but this year they will be closed on Saturday 30th of December. 

Social welfare payments due for payment on New Year’s Day, Monday 1st January 2024, will be brought forward for payment on Friday 29th December 2023.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (128)

Mark Ward

Ceist:

128. Deputy Mark Ward asked the Minister for Social Protection the rationale behind a person who is receiving the State pension and is carer for their partner not being entitled to receive the full-rate carer's payment; and if she will make a statement on the matter. [46925/23]

Amharc ar fhreagra

Freagraí scríofa

There are a number of basic principles which underpin the Irish social insurance system, one of which is the general principle of one person, one payment.  Generally, people qualifying for two social welfare payments receive the higher payment for which they are eligible. 

There are a limited number of exceptions in the social insurance system to the general principle of one person, one payment.  For example, people in receipt of certain social welfare payments other than Carer’s Allowance or Benefit who are providing full-time care and attention can retain their main payment and receive another payment, depending on their means, the maximum of which is equivalent to a half-rate Carer’s Allowance. 

Therefore, a person who may have an underlying entitlement to another social welfare payment, such as the State Pension Contributory, can transfer to that payment and continue to receive up to a half-rate Carer’s Allowance.  These arrangements apply to almost all weekly social welfare payments and to people in receipt of qualified adult allowances.  Recipients of Jobseeker’s Allowance or Benefit are not eligible given the job seeking nature of these payments.

I trust that this clarifies the position for the Deputy.

Departmental Consultations

Ceisteanna (129)

Carol Nolan

Ceist:

129. Deputy Carol Nolan asked the Minister for Justice if her Department, or any body under the aegis of her Department, has facilitated in-person or remote briefings on any issue from organisations (details supplied) from 2021 to date; if so, the topic discussed; the fees paid to the organisations for these briefings; and if she will make a statement on the matter. [46756/23]

Amharc ar fhreagra

Freagraí scríofa

It has not been possible to collate the information requested in the time allowed.

I will write to the Deputy directly when this information is to hand.

An Garda Síochána

Ceisteanna (130)

Michael Ring

Ceist:

130. Deputy Michael Ring asked the Minister for Justice when the next Garda recruitment competition will open for applications; and if she will make a statement on the matter. [46768/23]

Amharc ar fhreagra

Freagraí scríofa

The unprecedented allocation of over €2.3 billion to An Garda Síochána for 2024, up 23 per cent since 2020, demonstrates the Government's commitment to ensuring the Gardaí have provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work. Following Budget 2024, I announced that this allocation would allow for the recruitment of between 800 to 1,000 new Garda recruits. 

As the Deputy will be aware, by law the Garda Commissioner is responsible for the management of An Garda Síochána, including Garda recruitment competitions and when they are held. As Minister, I have no role in these matters. The Commissioner has informed me of his intention that annual recruitment campaigns will be held.

Additional funding made available in Budget 2024 will provide for an increase in the allowance payable to Garda trainees to €305, per week, a 66% increase.

The level of funding provided to An Garda Síochána has allowed for a steady pipeline of new Gardaí, with a new batch of recruits entering the Garda College every 11 weeks or so this year. The next recruitment competition will launch in the coming months.

Passport Services

Ceisteanna (131)

Alan Farrell

Ceist:

131. Deputy Alan Farrell asked the Minister for Justice to outline the process of how a UK citizen married to an Irish citizen obtains an Irish passport; and if she will make a statement on the matter. [46781/23]

Amharc ar fhreagra

Freagraí scríofa

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 and assessed individually in accordance with the provisions of the Act.

There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of a marriage or civil partnership with an Irish citizen. The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.

Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen. The requirements are:

• That the couple are married or civil partners to each other for a period of at least three years and are living together.

• That the couple have 3 years reckonable residence in the State prior to making an application. With the final 12 months being continuous residence in the State.

It is open to any individual to lodge an application for naturalisation if and when they are in a position to meet the statutory conditions as specified in the Irish Nationality and Citizenship Act 1956, as amended, and pay the appropriate fees.

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: www.irishimmigration.ie/how-to-become-a-citizen/

Last week, my Department moved from paper based applications to online forms for all new adult applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.

Asylum Applications

Ceisteanna (132, 133, 134, 135, 136)

Peadar Tóibín

Ceist:

132. Deputy Peadar Tóibín asked the Minister for Justice the locations of entry of people who have applied for international protection in each of the past five years and to date in 2023. [46784/23]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

133. Deputy Peadar Tóibín asked the Minister for Justice the locations where people have made their application for asylum in each of the past five years and to date in 2023. [46785/23]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

134. Deputy Peadar Tóibín asked the Minister for Justice the location of residence of each applicant for asylum in each of the past five years and to date in 2023. [46786/23]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

135. Deputy Peadar Tóibín asked the Minister for Justice the percentage of those coming to Ireland to seek asylum who are coming through the North of Ireland. [46787/23]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

136. Deputy Peadar Tóibín asked the Minister for Justice how many people already in Ireland under a student visa, holiday visa and so on have applied for asylum in each of the past five years and to date in 2023. [46788/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 132 to 136, inclusive, together.

The Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.  

The State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments very seriously. 

It must be noted that an applicant is not legally obliged to make an application for international protection at a designated port of entry. An applicant can lodge their initial application directly with the IPO after arrival in the State. 

The table below provides the breakdown of the number of international protection applications recorded between 2019 and to 30th September 2023 by “place of application”.  Information on how a person enters the country when not through a designated port, including by travelling over the land border, is not recorded.  Information is also note collated on location of residence of asylum applicants, or on those applying who had been resident prior to making an application. 

IP Applications - Place of Application

Year of Application

IPO

Airports

Ports

Other

Total

2019

2,277

2,383

9

113

4,782

2020

1,239

284

4

39

1,566

2021

2,101

514

9

25

2,649

2022

8,795

4,796

35

24

13,650

2023 (to end of Sept)

6,821

2,045

11

29

8,906

Question No. 133 answered with Question No. 132.
Question No. 134 answered with Question No. 132.
Question No. 135 answered with Question No. 132.
Question No. 136 answered with Question No. 132.

An Garda Síochána

Ceisteanna (137)

Catherine Murphy

Ceist:

137. Deputy Catherine Murphy asked the Minister for Justice the number of attempted murder and serious assault causing harm cases reported to gardaí within all the DMR divisions in each of the years 2020 to 2022 and to date in 2023, by division, in tabular form. [46790/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.

The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases, under reservation, in relation to various crime statistics. The most recent statistics  were released on 25 September 2023, providing stats for Recorded Crime for Quarter 2 (Q2) 2023. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.  

Figures in respect of attempted murder and serious assault causing harm reported to Gardaí in the Dublin Metropolitan Region (DMR) divisions, can be found on the CSO website at the following link: data.cso.ie/table/CJQ06

Asylum Seekers

Ceisteanna (138)

Peadar Tóibín

Ceist:

138. Deputy Peadar Tóibín asked the Minister for Justice how many people who have come through or are in the asylum application process and are resident in Ireland have criminal records; and how many people who have come through or are in the asylum application process and who were resident in Ireland have been sent home in each of the past five years and to date in 2023 as a result of having a criminal record either gained abroad or in Ireland. [46800/23]

Amharc ar fhreagra

Freagraí scríofa

The State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments very seriously. 

My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times. 

The establishment of an applicant’s identity and nationality is an important feature of every immigration process and this is especially so in the context of persons who enter the Irish State for the purposes of making a claim for international protection. Each application for international protection is examined in detail on its individual merits, taking all factors into account. 

Any and all criminal convictions are considered when processing an international protection application. An Garda Síochána notify the Department of matters which may be relevant to its examination of an application. 

Any person being considered for a grant of status (refugee status, subsidiary protection or permission to remain) will have a character and conduct check (including checks for criminality) carried out in respect of them before any such status is conferred on them.

Each applicant has their fingerprints checked against the Eurodac system which allows officials to establish if the applicant has previously applied for international protection in another Member State.

In relation to persons seeking international protection who have committed a crime outside the state, this may or may not be material to their international protection claim.  If a person has committed a serious crime in their country of origin, this can form a basis for having them ‘excluded’ from being declared a refugee or from gaining subsidiary protection status in the State. Similarly, a person granted a refugee or a subsidiary protection status can have their status revoked in certain prescribed circumstances, as set out in section 52 of the International Protection Act 2015. 

Data is not collated in a manner which provides the number of international protection applicants who have been removed as a result of having a criminal record gained abroad or in Ireland.

I want to assure the Deputy that the Immigration Services maintain ongoing contact with An Garda Síochána and the Irish Prison Service in relation to such individuals and it is a priority of the Immigration Services to seek the removal or deportation of any person posing a threat to public safety or security.

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