Written Answers Nos. 71-89
71. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage further to the Dáil debate on Questions on Promised Legislation on 25 January 2024 (details supplied), the actions, if any, that will be taken in the context of the State apology by the Taoiseach on 9 July 2019. [9542/24]
Amharc ar fhreagraI refer to the reply to Question No. 343 on 20 February 2024 which sets out the position in this matter.
72. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage when the technical guidance on building regulations will be updated to allow for timber frame high rise construction; and if he will make a statement on the matter. [9559/24]
Amharc ar fhreagraThe Building Regulations set out minimum standards for the design and construction of buildings and works to ensure the health and safety of people in and around such buildings. In general, the Building Regulations apply to the construction of new buildings and to extensions and material alterations to buildings. In addition, certain parts of the Regulations apply to existing buildings where a material change of use takes place. All new dwellings must comply with Building Regulations and all key elements must have a durability of 60 years.
The minimum performance requirements that a building must achieve are set out in 12 parts classified as Parts A to M, in the second schedule to the Building Regulations. They are expressed in terms of ‘functional requirements’ and are performance based.
My Department publishes Technical Guidance Documents to accompany each Part of the Building Regulations indicating how the requirements of that Part can be achieved in practice for common non-complex buildings. Adherence to the approach outlined in the Technical Guidance Documents is regarded, prima facie, as evidence of compliance with the requirements of the relevant Building Regulations. The adoption of an approach other than that outlined in the guidance is not precluded provided that the relevant requirements of the Regulations are complied with.
The Building Regulations are under ongoing review in the interests of safety and the well-being of persons in the built environment. My Department is currently concluding a review of Part B of the Building Regulations dealing with fire safety.
While Technical Guidance Document B generally limits the use of combustible construction timber in compartment floors for buildings with a topmost floor height of less than 10m, the Building Regulations themselves do not prohibit the use of timber above this height, provided compliance can be demonstrated and achieved.
For new innovative products or systems, not covered by existing standards, compliance with the Building Regulations can be demonstrated by 3rd party certification by an independent approval body, such as National Standards Authority of Ireland Agrément certification. My Department does not have an approval function and does not approve or endorse products for compliance with the Building Regulations or standards.
My Department is represented on the Timber in Construction Working Group recently established by Minister of State Hackett. The scope of this Group includes a review of industry capacity, technical research and guidance, and the regulatory environment to support the development of timber construction in Ireland. The Working Group is a forum for Government and industry to work collaboratively to increase the use of timber in construction whilst ensuring the highest degree of building safety and property protection.
73. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage when his Department will issue a quantifiable standard rate to measure both the embodied and operational carbon of buildings; and if he will make a statement on the matter. [9561/24]
Amharc ar fhreagraEmbodied Carbon in construction materials makes a significant contribution to the lifetime carbon emissions of new buildings. These embodied carbon emissions are being addressed by the Climate Action Plan, the review of the EU Construction Products Regulation and the review of the Energy Performance of Buildings Directive (EPBD).
Whilst all new dwellings are A2 rated with regards to their operational energy, and electricity heating systems, the majority of which are heat pumps, were installed in 97% of new dwellings in 2023, the next important step is to lower the carbon emissions from the materials used in construction.
The EPBD is the European Union's main legislative instrument aiming to promote the improvement of the energy performance of buildings within the European Union. In accordance with the proposed Directive, my Department is working with the Sustainable Energy Authority Ireland (SEAI) to put in place embodied carbon frameworks for 1 January 2028 for new buildings over 1000 metre squared and for all buildings from 1 January 2030. This declaration of Global Warming Potential will be included in the Building Energy Rating Certificate. There is significant work required to establish certified material databases, an accounting framework for embodied carbon, development of software and training of professionals. My Department is working with SEAI to put these systems in place in accordance with EPBD and the Construction Products Regulation (CPR). Climate Action Plan 2023 commits that SEAI will develop the framework methodology by the end of 2025. The recast EPBD is planned to be adopted by the European Institutions in the coming weeks.
COM 2022 144, known as the Construction Products Regulation, updates the existing EU harmonised rules for the marketing of construction products. This revised Regulation will fulfil the objectives of the EU Green Deal and enhance the competitiveness of the European construction industry. This will be achieved through the setting of clear rules and improving enforcement and market surveillance.
The text of this proposal has now been approved by Coreper and it is expected to be considered by the European Parliament in the April 2024 Plenary sitting.
When this Regulation is adopted, there will be new obligations on manufacturers to include mandatory declarations of environmental characteristics, such as embodied carbon, on construction products. In addition, the Regulation will support the circular economy principles by regulating used products via harmonised technical specifications.
Manufacturers will be required to upload technical information about their products to a central database known as the Construction Digital Product Passport.
74. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage when new planning guidelines for the short-term letting sector will be published; and if he will make a statement on the matter. [9629/24]
Amharc ar fhreagraOn 7 December 2022 the Government approved the publication of the General Scheme of the Registration of Short-Term Tourist Letting Bill (STTL Bill) and the priority drafting of the Bill which provides for the establishment of a new registration system for short-term lettings to be operated by Fáilte Ireland in line with the commitment under Housing for All - A New Housing Plan for Ireland. The work on the Bill is being led by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (DTCAGSM).
My Department is currently developing Planning Guidelines for the Short-Term Letting sector to supplement the introduction of the STTL Bill. This guidance will provide clarity and certainty on the planning permission requirements in respect of short-term letting properties. It is intended that a draft of the updated guidelines will be published simultaneously with the publication of the STTL Bill by DTCAGSM - which is expected in the coming months - in order that property owners will have a greater understanding of the planning requirements well in advance of the final enactment of the STTL Bill.
75. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to recently naturalised Irish citizens being prevented from registering to vote due to delays in receiving their certificates of naturalisation; if he is concerned about this barrier to participation in the democratic process; and if he will make a statement on the matter. [9640/24]
Amharc ar fhreagraLocal authorities, in their capacity as registration authorities, are responsible for the management and maintenance of the electoral register. It is their duty, as far as possible, and with the cooperation and engagement of the public, to ensure a complete and accurate register of electors.
While every resident over 18 is entitled to be included on the register of electors, it is a person's citizenship that determines the electoral events at which a person may vote.
The Electoral Act 1992 as amended, provides for a process by which a person who becomes a citizen of Ireland can apply to the local authority to have his or her name entered in the register of presidential electors.
In each case it is a matter for the person to satisfy the registration authority that they are a citizen of Ireland by providing such information and documents as the local authority may require and the Act provides that this may include a certificate of naturalisation or a valid passport issued by the Minister for Foreign Affairs or a statutory declaration that they are a citizen of Ireland. The issuing of certificates of naturalisation is a matter for the Minister for Justice.
76. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage to advise when the increased retainer for retained firefighters will be agreed and paid; and if he will make a statement on the matter. [9646/24]
Amharc ar fhreagraMy Department supports fire authorities by establishing policy, setting national standards for fire safety and fire service provision, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects and the procurement of essential frontline fire appliances, ancillary vehicles and equipment.
Fire services are provided in Ireland by local authorities in accordance with the provisions of the Fire Services Acts, 1981 and 2003. Under this legislation, 31 local authorities provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters.
My Department continues to support the Local Government Management Agency (LGMA) who are leading engagement with staff representatives on the implementation of recommendations contained within the Retained Review published in December 2022 and the WRC Agreement. I continue to closely monitor the engagement of the LGMA and Fire Services Management to ensure that the implementation of the WRC agreement continues to be a top priority for 2024.
When the WRC agreement was concluded, I committed to advocate for a further increase in the Retainer payment. During the most recent payment talks I engaged directly with Minister Donohoe, supporting D/PENDR's direct talks with SIPTU on this issue. The outcome of the current agreement, which is currently being considered by the staff side, reflects an agreed position with SIPTU, as follows: "The parties commit to remain in process with a view to concluding the current retainer and associated attendance commitments for Retained Firefighters.
In this context, it is important to reflect on the substantive uplift in income that has already been delivered through the new WRC agreement. This went beyond recommendation two of the Retained Review which only mandated re-balancing of the payment structure that was in place. The current improvements in pay are in addition to a much lower level of commitment to attend incidents with more flexibility for individual firefighters.
I remain fully committed to the completion of a process on the Retainer payment. Official engagement on this issue, led by the LGMA, will commence following ratification of the new public service pay agreement.
77. Deputy Paul McAuliffe asked the Minister for Social Protection the estimated cost to the Exchequer annually to provide free travel for people with epilepsy; and if she will make a statement on the matter. [9403/24]
Amharc ar fhreagraThe Free Travel scheme provides free travel on the main public and private transport services for those eligible under the scheme.
There are over one million customers with direct eligibility. This increases to 1.75million customers when spouses and companions are included. The estimated expenditure on the Free Travel in 2024 is €104 million.
As part of Budget 2024, I was particularly pleased to announce the expansion of my Department’s Free Travel Pass to support people who are medically certified as not fit to drive, including those with epilepsy.
There will be no requirement that a person must be in receipt of a Social Welfare payment in order to qualify for a free travel pass on these medical grounds, provided the other qualifying criteria are met. The implementation date for the measure is July 2024.
Providing an estimate of the cost of extending the free travel scheme to those with epilepsy is not possible as the cost is determined by the usage of the extra passes provided and not by the increased number.
Usage amongst this cohort of people would be expected to be greater than amongst the existing cohort of people eligible for free travel and it is not possible to project the distribution of usage across the range of transport providers in the free travel scheme.
It is important to note that my Department can also provide support by way of an Additional Needs Payment toward the cost of essential travel. This support is for people who cannot meet this cost from their own resources and is available through our Community Welfare Officers.
I hope this clarifies the matter for the Deputy.
78. Deputy Paul McAuliffe asked the Minister for Social Protection the estimated cost to the Exchequer annually to abolish the means test for fish assist and farm assist; and if she will make a statement on the matter. [9405/24]
Amharc ar fhreagraWhile sectoral supports in this area are a matter for the Minister for Agriculture, Food and the Marine, the Department of Social Protection administers the Farm Assist scheme, which is a statutory means-tested income support specifically for farmers on low-incomes. There are approximately 4,000 claims in payment at present. The Government has provided €50.93 million for the scheme in 2024.
A self-employed fisherman or fisherwoman on a low income may qualify for Fish Assist, a support provided under the Jobseeker's Allowance scheme. To qualify for Jobseeker's Allowance you must be available for and genuinely seeking work. You must also satisfy a means test.
I have introduced a number of improvements to the means test for Farm Assist in recent years. The same provisions for Farm Assist apply to Fish Assist.
Under the Farm Assist means test, income from a range of agri-environmental schemes attract a disregard of €5,000, increased from €2,540 from January 2023, with 50% of the balance assessed as means. I increased the number of schemes that qualify for this regard from 4 to 19, with effect from June 2022. From April 2023 I added an additional 4 schemes to this list.
There are also annual disregards for dependent children; €254 for each of the first two children and €381 for the third and other children. Remaining farm income and income from off-farm self-employment is then assessed at 70%, with 30% disregarded. In line with the provisions for Jobseeker's Allowance, a disregard of €20 per day, up to a maximum of €60 for up to three days, applies to off-farm earnings from employment in the means test for Farm Assist, with 60% if the balance assessed as means. As is the case for other means-tested social welfare schemes, the first €20,000 of capital is not assessed.
It is not possible to accurately calculate the cost of abolishing the means test for these schemes. To do so would effectively result in a universal payment for farmers and fishermen/fisherwomen.
As an indicator, according to the 2022 Teagasc Farm Survey there were approximately 86,000 farms in Ireland at that time. The current maximum personal rate of payment for Farm and Fish Assist is €232 per week. The cost of a universal payment at this rate to 86,000 farmers would be over €1 billion annually, with additional costs arising in respect of dependent adults and children. Using CSO data, which indicates that there are over 71,000 self-employed persons involved in agriculture, forestry and fishing, the annual cost of such a payment would be €857 million in addition to that for dependents.
I trust this clarifies the position for the deputy.
79. Deputy Duncan Smith asked the Minister for Social Protection if she will meet with a group (details supplied) to discuss legacy issues in regard to pensions for employees at a company; and if she will make a statement on the matter. [9491/24]
Amharc ar fhreagraI understand that the matters raised by the Deputy have been the subject of legal proceedings and, in that context, l understand that a settlement of the matter was reached. My Department was not a party to these proceedings or settlement and has no knowledge of them.
80. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate the correct level of carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [9548/24]
Amharc ar fhreagraCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
To date, the Department has not received an application form for CA from the person concerned.
An application form for CA has been forwarded by post to the address of the person concerned. It is open to everyone to apply for CA.
The person concerned will need to complete all the relevant sections and return the completed form to the address below at their earliest convenience:
Carers Allowance, SWSO, Ballinalee Road, Longford.
In considering applications for CA, evidence must be provided in respect of the care recipient’s medical condition, the care needs of the care recipient and the provision of care conditions by the carer, the carer's means and habitual residency conditionality. Therefore, decisions on eligibility and entitlement can only be established following the receipt of a completed application form.
Further scheme conditions and the CA application form (CR1) can be found on www.gov.ie. CA application forms are also available through a local Intreo Office or Citizens Information centre.
I hope this clarifies the position for the Deputy.
81. Deputy Niamh Smyth asked the Minister for Social Protection if she can expedite a maternity benefit application (details supplied); and if she will make a statement on the matter. [9556/24]
Amharc ar fhreagraMaternity Benefit is a payment made for up to 26 weeks to employed and self-employed women who are on maternity leave from work and who satisfy certain qualifying conditions including social insurance (PRSI) contribution conditions on their own insurance record.
To qualify for Maternity Benefit, the claimant must be in insurable employment that is covered by the Maternity Protection Act, 1994, immediately before the first day of maternity leave and she must meet certain PRSI contribution conditions listed in the governing legislation.
The Maternity Benefit claim for the person concerned was received by post on 8 February 2024 and was awarded on 22 February 2024. An award letter issued to the person concerned by post on the date of award.
Any arrears owed to the person concerned will be lodged to the nominated bank account later this week.
I trust this clarifies the matter for the Deputy.
82. Deputy Robert Troy asked the Minister for Social Protection if she will review a case (details supplied) [9557/24]
Amharc ar fhreagraWithin the social welfare system, there are a number of supports for people who suffer a bereavement. In particular, there is an arrangement known as the six-weeks payment after death which allows for certain payments to continue to be made after a person dies.
To qualify for a continued payment, the spouse/partner must be either a qualified adult on the deceased person’s payment or a customer in receipt of a payment in his/her own right.
Where a person in receipt of a social welfare payment dies and there is an Increase for a Qualified Adult in payment, this payment continues for six weeks. Where there is no Increase for a Qualified Adult, entitlement to the payment ceases upon the death of the customer.
As there was no increase for a qualified adult payable to the spouse of the person concerned, the payment ceased on the death of their spouse.
I have arranged for an application for the Widow’s, Widower’s or Surviving Civil Partner’s Contributory Pension (WCP) to issue to the person concerned. The person concerned is currently in receipt of Deserted Wife's Benefit from my Department at a rate equivalent to the maximum rate payable on the WCP.
I hope this clarifies the position for the Deputy.
83. Deputy Mairéad Farrell asked the Minister for Social Protection to outline the situation with relation to her Department’s negotiations with the Irish Dental Council regarding payments for treatment benefit; if she is aware of dental practices increasing prices for patients availing of dental services through their PRSI benefits; and if she will make a statement on the matter. [9641/24]
Amharc ar fhreagraThe Treatment Benefit Scheme provides dental, optical and aural services to insured workers, the self-employed, retired people and their dependent spouse/partner who have the required number of social insurance (PRSI) contributions.
The Department of Social Protection entered into a consultation process with the Irish Dental Association (IDA) at the end of 2022 to review the Dental Contract and the fees being paid by the Department under the Treatment Benefit Dental Scheme. This consultation process concluded in November 2023 and has resulted in the first increase in the rate payable for an oral examination since 2009 and with a dental contract that has been revised to ensure that it complies with competition law and legislation.
The increase in the fee payable for an oral examination has been successfully implemented with effect from 27th January 2024 with the first of the increased payments issuing earlier this month.
I have signed the regulations bringing effect to the new fee structure, as has Minister Donohoe.
The Department is not aware of dental practices increasing prices for patients availing of dental services through their PRSI benefits. However, if there are instances of this, it should be reported to the Treatment Benefit Section for appropriate action.
I hope this clarifies matters for the Deputy.
84. Deputy Brendan Griffin asked the Minister for Social Protection if her Department should accept some liability for the litany of bogus self-employment cases at RTÉ, given the knowledge of the prolonged practice by her Department; if her Department's role in handling the issue of bogus self-employment will be independently investigated, given the apparent scale and complexity of the matter, including a specific focus on the process and rationale surrounding the decision to reclassify test cases as sample cases; and if she will make a statement on the matter. [9672/24]
Amharc ar fhreagraIn late 2020, my Department commenced an investigation into the PRSI classification of RTÉ’s contractors. RTÉ provided the Department with lists of 695 workers engaged on a contract basis in 2018, 2019 and 2020 and these formed the basis of the investigation.
Whilst the scale of my Department’s investigation in RTE is significant and involves retrospective analysis of the engagement of many workers, I am satisfied that my Department has engaged in this investigation in a comprehensive and timely manner. Furthermore, I am satisfied that my Department has the capacity and resources to fully address this matter.
Decisions with respect to insurability of employment decisions are made through the application of criteria as set out in the Code of Practice for the Determination of Employment Status developed in 2001 by the Employment Status Group, including the Social Partners, established under the Programme for Prosperity and Fairness. These criteria, which are applied to each case, were initially developed based on the analysis of a number of cases determined in the late 1990s together with the principles established in cases considered by the Courts. The Code of Practice was updated in 2007 and again in 2021. It is available on the Department’s website.
The criteria are applied by Deciding Officers in my Department on each occasion that they assess the PRSI status of a worker’s employment. Each worker, including each case currently under examination as part of the investigation into the employment status of contractors at RTE, is entitled to an individual decision and each decision is appealable to the Social Welfare Appeals Office. It is in the interests of workers, RTÉ and the Department that the investigations are progressed in a timely and efficient manner.
In conducting these investigations, the Department's fundamental objective is first, to ensure that workers do not suffer a loss of entitlement to social insurance benefits as a consequence of misclassification and, second, to ensure that employers collect and remit the correct amount and value of social insurance contributions. Where an investigation identifies that this has not been the case the workers record is corrected, and employers are required to remit the correct value of contributions back-dated as appropriated.
The Comptroller and Auditor General has examined the Department’s approach to the determination of employment/self-employment on a number of occasions over recent years, most recently in 2022. This examination included reviews of cases which it selected at random and found that cases were determined on their own merits through the application of the criteria set out in the Code of Practice.
85. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection for an update on the discussions between her Department and the Irish Dental Council in relation to the treatment benefit scheme; and if she will make a statement on the matter. [9721/24]
Amharc ar fhreagraThe Treatment Benefit Scheme provides dental, optical and aural services to insured workers, the self-employed, retired people and their dependent spouse/partner who have the required number of social insurance (PRSI) contributions.
The Department of Social Protection entered into a consultation process with the Irish Dental Association (IDA) at the end of 2022 to review the Dental Contract and the fees being paid by the Department under the Treatment Benefit Dental Scheme. This consultation process concluded in November 2023 and has resulted in the first increase in the rate payable for an oral examination since 2009 and with a dental contract that has been revised to ensure that it complies with competition law and legislation.
The increase in the fee payable for an oral examination has been successfully implemented with effect from 27th January 2024 with the first of the increased payments issuing earlier this month.
I have signed the regulations bringing effect to the new fee structure, as has Minister Donohoe.
I hope this clarifies matters for the Deputy.
86. Deputy Michael Ring asked the Minister for Justice the number of arrivals (details supplied), giving details for each category, by month, in tabular form; and if she will make a statement on the matter. [9563/24]
Amharc ar fhreagraMy Department is taking all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of the processes is maintained at all times.?
The table below details the breakdown of International Protection applications from 1st January 2023 to 31st January 2024 by month*
|
IP Applications |
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
Grand Total |
|
2023 |
1305 |
831 |
858 |
633 |
941 |
901 |
1029 |
1158 |
1249 |
1481 |
1464 |
1427 |
13277 |
|
2024 |
1774 |
|
|
|
|
|
|
|
|
|
|
|
|
*Please note, figures are correct at time of issue, however all statistics may be subject to data cleansing.
I can further advise that Temporary Protection in Ireland applies to the following groups of people who have had to flee Ukraine due to the invasion by Russia:
Ukrainian nationals who were residing in Ukraine before 24 February 2022;
Nationals of a third country (other than Ukraine) or a stateless person who would have benefited from international protection (for example: Refugee status) or an equivalent national protection status in Ukraine and were residing there before 24 February 2022;
Family members of persons covered by a) and b), where their family already existed in Ukraine, prior to 24 February.
Family members include a spouse or partner, unmarried minor children of either of them, and their other close dependent family relatives who have been living with them as part of the family unit before 24 February 2022.
The table below shows the total number of applications granted for Temporary Protection by month and year.
|
Year |
Month |
Granted |
|
2022 |
March |
13,175 |
|
April |
12,141 |
|
|
May |
7,975 |
|
|
June |
6,926 |
|
|
July |
5,730 |
|
|
August |
3,997 |
|
|
September |
4,863 |
|
|
October |
6,062 |
|
|
November |
4,129 |
|
|
December |
4,590 |
|
|
Total |
69,588 |
|
|
|
|
|
|
2023 |
January |
2,663 |
|
February |
3,086 |
|
|
March |
3,208 |
|
|
April |
1,897 |
|
|
May |
2,732 |
|
|
June |
3,106 |
|
|
July |
3,396 |
|
|
August |
2,229 |
|
|
September |
2,970 |
|
|
October |
3,343 |
|
|
November |
2,229 |
|
|
December |
2,186 |
|
|
Total |
33,045 |
|
|
|
|
|
|
2024 |
January |
1,454 |
|
|
|
|
|
Total |
|
104,087 |
* Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.
87. Deputy Mairéad Farrell asked the Minister for Justice if she intends to introduce legislation to prohibit sex-for-rent exploitation in 2024; and if she will make a statement on the matter. [9415/24]
Amharc ar fhreagraI can assure the Deputy that this Government is deeply committed to tackling domestic, sexual and gender-based violence in all its forms.
The prioritisation of this hugely important work is evident in the policy and legislative developments implemented by this Government and those that are currently being progressed.
Let me be quite clear that any behaviour from accommodation providers seeking to use their position to prey on vulnerable people is completely unacceptable. It is an appalling abuse of power by unscrupulous individuals and it will not be tolerated by this Government.
I plan to address this abhorrent and exploitative behaviour by making the offering or advertising of accommodation for sex in lieu of rent a criminal offence.
My officials are working closely with the Office of the Attorney General to draft an amendment to criminalise this behaviour which is to be taken forward in the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 that is currently before the Houses. The Bill passed Committee Stage in November 2023 and it is intended that Report Stage will be scheduled in the coming weeks.
88. Deputy Robert Troy asked the Minister for Justice when Ireland will sign up to the European Union visa information system; and how many of the 27 Member States have signed up to date. [9416/24]
Amharc ar fhreagraI can advise the Deputy that the Visa Information System (VIS) is a system which allows Schengen Area States to exchange visa data. It consists of a central IT system and of a communication infrastructure that links this central system to national systems. The Schengen Area states apply a common borders code which governs the border control of persons crossing the external EU border into the Schengen states. The Schengen states have a common list of countries whose citizens are required to obtain a visa to enter and VIS supports the operation of those visa arrangements.
For the Deputy's information, I can advise him that the Schengen Area encompasses most EU countries, except for Cyprus and Ireland. Bulgaria and Romania will join the Schengen area as of 31 March 2024. The non-EU States Iceland, Norway, Switzerland and Liechtenstein also have joined the Schengen Area.
As the Deputy will be aware, Ireland is in a separate Common Travel Area with the UK, the operation of which is not compatible with membership of the Schengen Area Border Code. As a consequence Ireland does not participate in the Visa Information System.
Protocol 19 to the Treaty on European Union and Treaty on the Functioning of the EUTEU allows Ireland to request to participate in some or all of the Schengen acquis, and Ireland does participate in certain aspects of the acquis for law enforcement purposes, including the Schengen Information System.
89. Deputy John Lahart asked the Minister for Justice the number of vehicles that were confiscated by gardaí at the roadside for non-display of road tax in 2023; and the normal protocol for dealing with a driver with an out-of-date or non-display of motor tax disc. [9462/24]
Amharc ar fhreagraAs you will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the enforcement of road traffic legislation. As Minister for Justice, I have no direct role in these matters.
I am informed by the Garda authorities that 11,409 vehicles were seized for having no road tax in 2023. Please be advised that this total is operational and may be subject to change.
I am advised that a Fixed Charge Notice (FCN) can be issued for a vehicle where the tax is expired or no tax disc is displayed.
I am further advised that the vehicle can be seized under Section 41 Road Traffic Act if the tax has expired for 2 months or over.
