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Wednesday, 10 Apr 2024

Written Answers Nos. 83-102

Emergency Accommodation

Ceisteanna (84)

Violet-Anne Wynne

Ceist:

84. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if his Department has any plans for ensuring that service users of emergency accommodation from local authorities will seek their feedback on their experiences; and if he will make a statement on the matter. [15731/24]

Amharc ar fhreagra

Freagraí scríofa

My Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of homeless services rests with individual housing authorities.

To assist in ensuring that homeless services provided are of a high standard, a National Quality Standards Framework (NQSF) was developed by the DRHE in partnership with the NGO Sector, the HSE, and other key stakeholders. The Framework was developed to ensure a consistent approach in how local authorities and service providers respond to the needs of those experiencing homelessness and to improve the quality of services provided.

There are eight themes under which the standards are organised. Themes 1-4 focus on the provision of person-centred services, which are safe and effective, and support the rights and equal treatment of persons at risk of or experiencing homelessness. Theme 1 "Person-Centred Services" focusses specifically on service users’ rights and autonomy, including the right to have a complaint heard and responded to.

The DRHE, following a competitive tender process, appointed an independent inspectorate to carry out inspections on DRHE services. As part of the inspections, a sample of service users are asked to provide feedback. The most recent inspection reports are available for review on the DHRE website at www.homelessdublin.ie/our-work/quality-standards. In addition to this, a dedicated complaints officer has been appointed to respond to complaints and address quality issues within services.

The standards framework is now in place nationally for all local authority and NGO services. Given the increase in contracting private accommodation exclusively for the use of homeless households and to ensure standards in these facilities, the DRHE have adapted the NQSF standards to apply their provisions to private emergency accommodation.

Question No. 85 answered with Question No. 78.
Question No. 86 answered with Question No. 78.
Question No. 87 answered with Question No. 78.
Question No. 88 answered with Question No. 78.
Question No. 89 answered with Question No. 78.

Housing Policy

Ceisteanna (90)

Violet-Anne Wynne

Ceist:

90. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if he will clarify that adult tenants in their parents' council house would be in a position to submit their own housing application to the local authority; and if he will make a statement on the matter. [15744/24]

Amharc ar fhreagra

Freagraí scríofa

It is open to any person over 18 years of age to apply for social housing support at any stage, subject to meeting the eligibility and need criteria at the point at which they apply.

Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended. Decisions on the qualification of specific persons for social housing support, the most appropriate form of any such support, and the allocation of that support are a matter solely for the local authority concerned.

Eligibility for social housing support include: income, existence of previous social housing rent arrears and availability of alternative accommodation. Alternative accommodation is defined in Regulation 3(1) as being, “in respect of a household applying for social housing support, accommodation owned by the household, other than the accommodation currently occupied by the household and, in cases where one or more than one household member is currently living apart from the household, includes the accommodation currently occupied by such member or members”. That is – accommodation the household owns whether it be vacant, let under a tenancy that could be terminated in accordance with the Residential Tenancies Act 2004 or it is occupied by a person other than a member of the applicant household (see Regulation 22(2)(b) of SI 84 of 2011).

An applicant must meet all of these requirements to be deemed in need of social housing support. Where a household is deemed to meet the eligibility criteria, only then is its housing need assessed under the criteria in Regulation 23 of the 2011 Regulations, having regard to its current accommodation. This criteria includes where its accommodation is shared with another household, whether the household that has applied for social housing support has a reasonable requirement for separate accommodation.

Social Welfare Appeals

Ceisteanna (91)

Kathleen Funchion

Ceist:

91. Deputy Kathleen Funchion asked the Minister for Social Protection if a person (details supplied) can have an oral hearing for a carer’s allowance appeal. [15524/24]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision-making functions.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on the 27 February 2024.

The Social Welfare Appeals system is underpinned by legislation in Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). Under the legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed under section 317 of the Social Welfare Consolidation Act, 2005 in the light of new evidence or new facts. New facts or evidence may consist of material or evidence which, although it existed before the appeal decision was made, was not before the Appeals officer at the time the appeal decision was made.

The Social Welfare Appeals Office has noted the Deputy's request for an oral hearing. In advance of an oral hearing, the person concerned will be contacted to specify the new facts or evidence they wish to provide which were not before the Appeals Officer when the summary decision was made.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (92)

Pauline Tully

Ceist:

92. Deputy Pauline Tully asked the Minister for Social Protection the number of people in receipt of payments (details supplied) as of 31 December 2023, in tabular form. [15535/24]

Amharc ar fhreagra

Freagraí scríofa

The data requested by the Deputy is shown in the attached tabular statement.

Scheme

Number of recipients end December 2023

Blind Persons Pension

968

Carer's Allowance

95,787

Carer's Benefit

3,904

Illness Benefit

56,806

Disablement Benefit

14,513

Disability Allowance

162,326

Invalidity Pension

56,650

Occupational Injuries Benefit

496

Social Welfare Benefits

Ceisteanna (93)

Catherine Murphy

Ceist:

93. Deputy Catherine Murphy asked the Minister for Social Protection the estimated full-year cost of extending parental leave and benefit by four weeks for mothers and by six weeks for fathers. [15566/24]

Amharc ar fhreagra

Freagraí scríofa

Parental leave is a matter for my colleague, the Minister for Children, Equality, Disability, Integration and Youth. I hold responsibility for the associated benefit payments.

Parent's Leave and Benefit are currently available for seven weeks to all eligible parents of children born or adopted from 1 November 2019 and must be availed of within the first two years of the child’s life or adoption. Parent’s Benefit is paid at €274 per week - the same rate as Maternity, Paternity and Adoptive Benefits.

Budget 2024 provided for the number of weeks of Parent's Leave and Benefit available to each eligible parent to be increased from seven weeks to nine weeks from August 2024. The estimated cost of this increase in Parent's Benefit is €10.3 million in 2024 and the overall cost for a full year is €25.6 million.

Parents who have already availed of their Parent’s Leave entitlement will also benefit from an additional two weeks leave and benefit if their child is under the age of 2 or has been placed with their parent(s) for less than two years at the date of implementation.

Nine weeks Parent’s Leave and Benefit is not transferable between parents which is in line with the provision of the EU Work Life Balance Directive. This recognises the importance of equality between men and women with regard to labour market opportunities and the equal importance of men and fathers in bringing up their children.

The estimated full-year cost of increasing Parent's Benefit by a further four weeks for mothers and for a further six weeks for fathers is approximately €68 million. This is based on the estimated number of recipients in 2024. It should be noted that these costings are subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients. There would be further additional costs to the Exchequer as these estimates do not include the costs for staff substitution which would be a matter for the Minister for Public Expenditure and Reform.

Any decision regarding the extension of Parental leave would be a matter for my colleague, the Minister for Children, Equality, Disability, Integration and Youth. Decisions around the extension of the associated benefit would have to be considered in a budgetary context.

I trust this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (94)

Robert Troy

Ceist:

94. Deputy Robert Troy asked the Minister for Social Protection the reason a person (details supplied) was never advised to apply for a pension (non-contributory) when awarded a reduced rate contributory pension on turning 66 years. [15576/24]

Amharc ar fhreagra

Freagraí scríofa

The person concerned reached state pension age on 11 June 2017.

An application for the state pension contributory and state pension (non-contributory) were received in my Department prior to the person reaching pension age.

Officials in my Department examined entitlement to both pensions. It was decided that the person concerned had an entitlement to the state pension (non-contributory) at the weekly rate of €52.00. As the mixed insurance state pension (contributory) was payable at a financially more beneficial weekly rate of €115.20, the person concerned was awarded this pension.

Following the Government Decision in 2018 to introduce a Total Contributions Approach (TCA) to the calculation of State Pension (contributory), pensioners who reached pension age from September 2012 (i.e., those born on or after 1 September 1946) had their pension reviewed using this method of calculation.

The pension entitlement of the person concerned was reviewed. On 3 May 2019, they were notified that the rate payable had increased to €183.30 from 3 March 2018.

The spouse of the person concerned re-applied for an increase for a qualified adult in respect of the person concerned. This was awarded at the weekly rate of €248.60 from 1 December 2023.

I hope this clarifies the position for the Deputy.

Departmental Schemes

Ceisteanna (95, 96)

Seán Sherlock

Ceist:

95. Deputy Sean Sherlock asked the Minister for Social Protection why the free travel pass is only assigned to those in receipt of the carers allowance and cannot be assigned to both the recipient of the carers allowance and the other parent/guardian, where the second parent/guardian can prove they contribute to the care of the child whose care needs gives rise to the eligibility for the payment; and if she will make a statement on the matter. [15643/24]

Amharc ar fhreagra

Seán Sherlock

Ceist:

96. Deputy Sean Sherlock asked the Minister for Social Protection to consider expanding the names assigned to a free travel pass, where a person qualifies for carers allowance, in order to be able to share the caring responsibilities with other family members; and if she will make a statement on the matter. [15644/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 95 and 96 together.

The 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.

It is important to note that, in general, access to a free travel pass for those aged under 66 is linked to a person being in receipt of certain primary Social Protection payments such as Disability Allowance, Invalidity Pension, Carers Allowance, Blind Pension and Partial Capacity Benefit. Therefore, the free travel pass is a secondary benefit directly linked to the person being in receipt of Carers Allowance.

A person’s entitlement to a free travel pass is displayed on an individual’s Public Service Card which also contains the holders name, photograph and signature and therefore allowing the card to be used by another person would result in security and administrative issues especially for transport providers participating in the free travel scheme.

Any decision to expand the qualifying conditions for the free travel scheme to award a free travel pass to both the recipient of the Carers Allowance and the other parent/guardian not in receipt of Carers Allowance could only be considered in the context of overall budgetary negotiations.

Finally, I would like to highlight that the Department does provide Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential need which they cannot meet from their own resources. These payments are available through our Community Welfare Officers and may be paid to assist with ongoing or recurring travel costs that cannot be met from the client’s own resources and are deemed to be necessary. Every decision is based on consideration of the circumstances of the individual case, taking account of the nature and extent of the need and of the resources of the person concerned.

Any person who considers that they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.

I hope this clarifies the matter for the Deputy.

Question No. 96 answered with Question No. 95.

State Pensions

Ceisteanna (97)

Brendan Smith

Ceist:

97. Deputy Brendan Smith asked the Minister for Social Protection if she will bring forward amending legislation to address the anomaly whereby retrospective payment to pension claimants is limited to six months, even though her Department has been in possession of all the facts relating to the claimants' eligibility from the date of pension application; and if she will make a statement on the matter. [15712/24]

Amharc ar fhreagra

Freagraí scríofa

The governing social welfare legislation for backdating payments is contained in section 241 of the Social Welfare Consolidation Act, 2005 (as amended) and Article 186 of Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. 142 of 2007). This legislation specifies the rules regarding backdating for a range of payments.

The legislation provides for backdating of State pension (contributory) for 6 months from the date of receipt of the claim. Backdating of a late claim beyond 6 months may be considered in circumstances where the failure to claim arose as a result of - 1) incorrect information being supplied by the Department or 2) the claimant's incapacity by illness or infirmity to make a claim or have someone make a claim on their behalf.

It should be noted that any change to the legislation regarding backdating of payments would need to be considered in a wider policy context. Accordingly, there are currently no plans to amend the time allowed for backdating claims.

I hope this clarifies the matter for the Deputy.

Legislative Measures

Ceisteanna (98, 113)

Fergus O'Dowd

Ceist:

98. Deputy Fergus O'Dowd asked the Minister for Justice to respond to concerns raised by an organisation (details supplied) in respect of the Gambling Regulation Bill. 2022; and if she will make a statement on the matter. [15523/24]

Amharc ar fhreagra

Michael Lowry

Ceist:

113. Deputy Michael Lowry asked the Minister for Justice if she will suspend the processing of the Gambling Regulation Bill 2022 until an examination of its potential impact on fundraising income for charities can be undertaken; if she is aware of concerns from charitable organisations (details supplied) that the Bill, in its current format, will impact their ability to fundraise and this potential loss of fundraising will increase the funding needed from several Government Departments that currently fund charitable organisations; and if she will make a statement on the matter. [15595/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 98 and 113 together.

The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.

At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities.

The Government recognises and appreciates the hard work of, and services provided by, not-for-profit and voluntary organisations, including the many charitable organisations in this country. In that regard, the Bill provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes, including charities, sporting organisations and local sports clubs.

Neither the Government nor I want to prevent charities from fundraising via lotteries, raffles and other gambling activities. I have had wide-ranging engagement with the charity sector and have listened to their concerns. My officials and I met with 14 individual organisations from the sector in February 2023 to hear their views on the Bill. In addition, my Department has corresponded with over 40 charities in relation to the Bill. A further meeting between Department officials and representatives from the Charities Institute Ireland took place in August 2023 to discuss the Bill.

As the Deputy will be aware, the Bill includes restrictions on gambling advertising, including the introduction of a pre-watershed ban on gambling advertising, which was included as a direct result of a recommendation of the Joint Oireachtas Committee on Justice’s pre-legislative scrutiny report (May 2022). In line with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5.30am and 9.00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.

The Bill does not equate the charity and not-for-profit sectors with commercial gambling operators. Charities may continue to advertise and promote their work in all fora without hindrance. The advertising watershed will only apply to charitable / philanthropic licence holders when advertising gambling activities, and not advertising generally.

It is important to note that charities and other organisations that operate and promote lotteries as part of their fundraising model are already subject to regulation via the Gaming and Lotteries Act 1956. The Gambling Regulation Bill is a direct continuation of this existing policy, and the measures, albeit modernised, provided for in the 1956 Act and the exclusion of the charity sector from the provisions of the Bill would result in a removal of safeguards and protections that sector has complied with for close to the past 70 years.

It is essential that charities, not-for-profit and voluntary organisations of all kinds and their activities continue to be well regulated, and are also seen to be well regulated to ensure public confidence in them, and that is what the Bill provides for. It is also imperative to ensure that someone cannot operate and offer gambling activities under the guise of a charity, charitable cause or as a sports club. To exclude these organisations from the scope of the legislation, or to reduce its application, would remove important protective legislative safeguards for legitimate organisations, and create a scenario where anyone could apply for a charitable or philanthropic licence to circumvent being subject to the regulation, scope or accountability contained in the Bill.

As I noted at Committee Stage, and following engagement with stakeholders, I intend to bring a number of amendments to the Bill during Report Stage to provide clarification to the advertising provisions and related matters.

International Protection

Ceisteanna (99)

Brendan Griffin

Ceist:

99. Deputy Brendan Griffin asked the Minister for Justice if she will provide clarification on a matter (details supplied); and if she will make a statement on the matter. [15533/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, when an International Protection claim is being examined by the International Protection Office (IPO), the International Protection Accommodation Service (IPAS) under the Department of Children, Equality, Disability, Integration and Youth is responsible for the provision of accommodation and related services to applicants who wish to accept such services.

The International Protection Accommodation Service (IPAS) of the Department of Children, Equality, Disability, Integration and Youth may hold more detailed information sought by the Deputy regarding persons who remain in IPAS accommodation. They can be contacted at

ipasinbox@equality.gov.ie.

An Garda Síochána

Ceisteanna (100)

Catherine Murphy

Ceist:

100. Deputy Catherine Murphy asked the Minister for Justice the number of WTE civilian Garda staff working in the Garda national cyber crime unit as of 3 April 2024. [15549/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for the management and administration of Garda business, including the distribution and stationing of Garda members throughout the State, including to specialist units within the organisation. As Minister, I have no role in these independent, operational functions.

The Government is committed to ensuring that An Garda Síochána has the resources it needs to fight crime. The 2024 allocation provides a budget of over €2.35 billion to An Garda Síochána. This is a 25% increase since 2020. This unprecedented budget will strengthen the work of specialist units such as the Garda National Cyber Crime Bureau. Furthermore, and as part of Budget 2024's unprecedented allocation, €155 million has been allocated for digital capital investment and IT.

The Garda National Cyber Crime Bureau (GNCCB) is tasked with the forensic examination of computer media seized during the course of any criminal investigations. These include murders, cyber-crime, online harassment, computer intrusions, child exploitation offences and any criminal investigation in which computers are seized or may contain evidential data.

GNCCB strategies or initiatives include the establishment of four of six planned regional cybercrime hubs, participating in the Cross Border Joint Agency Task Force and liaising with the National Cybersecurity Centre. The GNCCB continues to engage with Law Enforcement Agencies, the European Union Cybercrime Taskforce and to the EMPACT (EU Commission Policy Cycle) Cyber Attacks. It also provides cybercrime prevention advices to interest groups in local communities.

I have been informed by the Garda authorities that, as of 3 April 2024, there were 11 WTE Garda staff working in the Garda National Cyber Crime Bureau.

An Garda Síochána

Ceisteanna (101)

Catherine Murphy

Ceist:

101. Deputy Catherine Murphy asked the Minister for Justice the number of WTE civilian Garda staff working in the Garda national drugs and organised crime unit as of 3 April 2024. [15550/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for the management and administration of Garda business, including the distribution and stationing of Garda members throughout the State, including to specialist units within the organisation. As Minister, I have no role in these independent, operational functions.

I have been informed by the Garda authorities that as of 3 April 2024 there are 10.8 WTE Garda staff attached to Garda National Drugs and Organised Crime Unit (GNDOCB).

An Garda Síochána

Ceisteanna (102)

Catherine Murphy

Ceist:

102. Deputy Catherine Murphy asked the Minister for Justice the number of unmarked Garda cars and unmarked Garda vans attached to the Garda national immigration bureau as of 3 April 2024. [15551/24]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the management of the Garda Fleet.

The purchase and allocation of Garda vehicles is a matter for the Commissioner, in light of identified operational demands and the availability of resources. As Minister, I have no role in these independent functions, however, I am assured that the distribution of resources is reviewed on a continual basis.

I am advised by the Garda authorities that the information requested by the Deputy is contained in the table below. Information supplied is as of 8 April 2024, and is operational and subject to change.

It should be noted that all vehicles assigned to GNIB are unmarked.

GNIB Fleet

Cars

28

Vans

2

Other

1

Total

31

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