Written Answers Nos. 71-91
71. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage for an update on the community heritage grant scheme for 2024; the timeframe for same; and if he will make a statement on the matter. [16867/24]
Amharc ar fhreagraThe Community Heritage Grant Scheme is a programme of the Heritage Council, which is responsible for decisions on funding and timeframes.
Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for the Heritage Council is: oireachtas@heritagecouncil.ie
72. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage when the planning guidelines in respect of childcare facilities as part of large-scale developments will be published; and if he will make a statement on the matter. [16990/24]
Amharc ar fhreagraThe Guidelines for Planning Authorities relating to Childcare Facilities, were issued in 2001 by my Department under section 28 of the Planning and Development Act 2000, as amended, to provide a framework to guide both local authorities and developers. Planning Authorities and An Bord Pleanála are required to have regard to the guidelines in carrying out their functions.
The Guidelines set out the methodology for calculating adequate provision of childcare places and are intended to ensure a consistency of approach to the treatment of applications in respect to the land use planning aspects of childcare provision, for relevant planning applications, developers and childcare providers in formulating and considering development proposals.
The Guidelines for Planning Authorities relating to Childcare Facilities recommend that, in the case of new housing areas, a standard of one childcare facility providing for a minimum of 20 childcare places per approximately 75 dwellings may be appropriate, depending on the particular circumstances of each individual site.
My Department is currently engaging with the Department of Children, Equality, Disability, Integration and Youth in relation to updating the guidelines and further engagement is planned to advance this area of work.
It should be noted that the Draft Planning and Development Bill 2023 includes provisions which propose to replace Section 28 Ministerial Planning Guidelines with ‘National Planning Statements’. Following enactment of the legislation, it is proposed to undertake a programme of review of existing Section 28 guidelines with the intention of replacing them with National Planning Statements, noting that this programme of work will be sequenced over time. It is envisaged that public consultation will be undertaken as part of this process.
Work undertaken to date by my Department and the Department of Children, Equality, Disability, Integration and Youth in reviewing the current childcare guidelines will contribute towards the preparation of a National Planning Statement relating to childcare facilities in due course.
73. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if there are plans to issue an ocean environment policy statement; if so, what this statement will incorporate; and if he will make a statement on the matter. [17012/24]
Amharc ar fhreagraIt is my intention that an Ocean Environment Policy Statement will be included as part of the forthcoming Marine Protected Area Bill. The policy statement is intended to set out the policy objectives, priorities and targets of the Government in relation to protection and sustainable use of the marine environment including by designation of marine protected areas. The preparation of the statement will include a public consultation process.
74. Deputy Michael Healy-Rae asked the Minister for Social Protection if the case of a person (details supplied) will be examined and a resolution found for the matter; and if she will make a statement on the matter. [16776/24]
Amharc ar fhreagraState pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. Recipients of state pension non-contributory are obliged to notify the Department of any changes in their circumstances that may affect their pension entitlement. A list of the reportable changes in circumstance is included in the initial notification of pension award and in all subsequent review communications issued.
Social welfare legislation provides that the personal representative of a deceased person who, at any time, received a means-tested payment is obliged to give notice to the Department of their intention to distribute the deceased's estate and to provide a schedule of the assets of the estate. The personal representative is requested not to distribute the estate, until they receive formal clearance from the Department. If, on examination of the schedule of assets, it is found that not all of the deceased’s means had been disclosed, or if the values of previously assessed means had changed, the Department will seek to recover any monies overpaid from the estate.
In the case of the deceased person concerned, following the receipt of a schedule of assets of their estate on 23 January 2023, the case was referred to an Inspector of the Department for investigation. Based on new information provided, the Inspector determined that the deceased had been overpaid state pension non-contributory. A calculation of the amount overpaid was communicated to the legal and personal representatives of the deceased person on 23 March 2023.
The legal representative wrote to the Inspector on 5 April 2023 submitting an offer of settlement in relation to the overpayment. The settlement offer was less than the total amount overpaid, therefore the Inspector referred the case to a Deciding Officer for consideration. As there were insufficient funds remaining in the estate of the deceased person to repay the total amount of overpaid pension, the Deciding Officer wrote to the legal and personal representatives on 15 May 2023, informing them that the settlement offer would be accepted by the Department. This letter also stated that upon receipt of payment, a Letter of Clearance would issue.
No payment was subsequently received. On 30 May 2023, the legal representative wrote to the Department advising that the personal representative wished to appeal the amount overpaid. The Deciding Officer wrote to the legal representative on 10 August 2023, advising that a formal decision and letter would issue in this case, following the receipt of which, the personal representative could appeal the decision to the independent Social Welfare Appeals Office.
The legal representative wrote to the Department on 23 January 2024 requesting an update in the matter. The Department wrote to the legal representative on 25 January 2024 confirming that the case had been assigned to a Deciding Officer. Taking into account the Inspector's report, the Deciding Officer will review the deceased's state pension non-contributory claim and make a determination on their eligibility to state pension over the period of its payment. The legal and personal representatives will be notified of the outcome in writing and advised, if not satisfied with the decision, that they may request a review of the decision or appeal the decision to the Social Welfare Appeals Office.
I trust this clarifies the matter for the Deputy.
75. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the terms of the widows' or widower's pension, particularly in respect of non-married or co-habiting couples and the judgment of the Supreme Court on 22 January 2024; the expected timeline in terms of the legislative changes that are required in respect of this decision; and if she will make a statement on the matter. [16782/24]
Amharc ar fhreagraUnder the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership.
On 22nd January, the Supreme Court delivered its judgment in relation to the entitlement of an unmarried co-habitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.
In simple terms the Court has found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.
My officials and the Office of the Attorney General are now considering the impacts of the very detailed judgment, including the legislative changes required to respond to this decision, and drafting the necessary legislation. This is being done with all expediency.
I hope this clarifies the matter for the Deputy.
76. Deputy Michael Healy-Rae asked the Minister for Social Protection for an update on a carer's application (details supplied); and if she will make a statement on the matter. [16787/24]
Amharc ar fhreagraThe 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.
The Social Welfare Appeals Office has advised me that a Carers Allowance appeal by the person concerned was registered in that office on 13 November 2023. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.
These papers were returned to the Appeals Office on 19 October 2023 and referred on 22 February 2024 to an Appeals Officer. The Appeals Officer has requested additional information on certain issues from the person on 15 April 2024. On receipt of the requested information the Appeals Officer will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.
I trust this clarifies the matter for the Deputy.
77. Deputy James Lawless asked the Minister for Social Protection to examine an issue (details supplied); and if she will make a statement on the matter. [16792/24]
Amharc ar fhreagraChild Benefit is a monthly payment made to families with children up to the age of 16 years. Currently, the payment continues to be paid in respect of children until their 18th birthday where they are in full-time education, or have a disability.
In Budget 2024, the Government decided to extend the payment of Child Benefit to 18-year-olds who are in full-time education or have a disability. This was one of my key priorities in the Budget.
This is a significant change to the Child Benefit scheme. It requires technical and operational changes before implementation.
We had originally provided that the change would take effect from September this year. However, I am very pleased that we are now able to bring this important change in from an earlier date. The legislation required to do that was enacted last month. As a result, the measure will be brought in from May. In the region of 60,000 children are expected to benefit from this measure annually. The additional estimated cost of bringing the commencement date forward to May is €21.6 million.
In the case of a child who has already turned 18 and who is still in full-time education, Child Benefit will be payable again from May 2024 up to their 19th birthday, or until they leave full-time education, whichever is sooner. In the case of a child with a disability, Child Benefit will be payable again from May 2024 up to their 19th birthday. My Department has been contacting families who are required to provide documentation to ensure Child Benefit for eligible families can be resumed in May.
As the measure comes into effect from 1st May, where a child turns 18 in the meantime, there will be no payment for any intervening period up to May 2024, which is the usual approach for changes to the social welfare system that take effect from a future date.
I trust this clarifies matters for the Deputy.
78. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [16841/24]
Amharc ar fhreagraThe 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.
The Social Welfare Appeals Office has advised me that an Invalidity Pensions appeal by the person concerned was registered in that office on 12 April 2024. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.
When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.
79. Deputy Duncan Smith asked the Minister for Social Protection when an application for invalidity allowance by a person (details supplied) will be determined by her Department; and if she will make a statement on the matter. [16862/24]
Amharc ar fhreagraDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
While the Deputy’s query refers to an application for Invalidity Pension, I can confirm that my Department has not received an application to date for this scheme in respect of the person concerned.
I confirm that my Department received an application for DA from the person concerned on 09 November 2023. As their initial application did not contain all the information required to determine their eligibility for DA, an information request letter was sent to the person concerned on 17 November 2023 to supply this supporting documentation. I can confirm that an initial response was received on 22 November 2023. Based on the information received, it was still not possible for the deciding officer (DO) to complete a means assessment of this application without additional information.
I can confirm on 05 March 2024, additional financial statements were submitted by the person concerned. However, a further information request had to be issued to the person concerned on 11 March 2024, requesting them to supply details of specific transactions on their financial statements. The information request allowed the person, 14 days to provide the required information in order to determine the eligibility for DA.
As the person concerned failed to supply the requested information, their means could not be determined and the claim was disallowed on this basis. The person was notified of the decision in writing on 08 April 2024 and advised of their entitlement to request a review and/or to appeal the decision to the Social Welfare Appeals Office (SWAO). They were also reminded about the outstanding documents required to determine their means.
I can confirm that neither a request for a review nor an appeal have been received to date. A review of this decision would be possible if accompanied by the outstanding documentation, requested in January and March.
I trust this clarifies the matter for the Deputy.
80. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [16869/24]
Amharc ar fhreagraThe 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 of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.
I trust this clarifies the matter for the Deputy.
81. Deputy Willie O'Dea asked the Minister for Social Protection when a disability allowance claim by a person (details supplied) will be put into payment after being allowed on appeal in December 2023; and if she will make a statement on the matter. [16876/24]
Amharc ar fhreagraDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and habitual residency conditions.
I confirm that my Department received an application for DA from the person concerned on 11 July 2023. While the original decision was to disallow the application, following a successful appeal, the person concerned was awarded DA with effect from 06 March 2024. The person concerned was participating on an Education Training Board course from 05 September 2022 until 01 March 2024, there was no entitlement to DA during that period. The first payment will be made via their chosen payment method on 17 April 2024.
Arrears of payment due, covering the period 06 March 2024 to 16 April 2024, will issue as soon as possible once any necessary adjustments are calculated and applied in respect of any overlapping payments.
The person concerned was notified of this decision in writing on 12 April 2024.
I trust this clarifies the matter for the Deputy.
82. Deputy Joe Flaherty asked the Minister for Social Protection if she will consider the return of community welfare offices to principal secondary towns in provincial Ireland (details supplied); and if she will make a statement on the matter. [16893/24]
Amharc ar fhreagraThe delivery of crucial and locally based community welfare services to meet the challenges and the needs of citizens across the country is a priority for me and for my Department. The Community Welfare Service (CWS) continues to provide a flexible service to meet the different needs of clients, who may find themselves in a financially difficult or vulnerable situation. It is important that this service is easily accessible and responsive to our client’s needs.
A Community Welfare Officer (CWO) is available to meet with clients, living in Ballymahon, Edgeworthstown and Granard during business hours Monday to Friday in the Longford Intreo Centre, Government Buildings, Ballinalee Road, Longford, N39 E4E0.
CWOs are physically on site daily in over 50 Intreo Centres across the country where they are available to be seen without an appointment, during business hours, Monday to Friday. In addition to meeting citizens in Intreo Centres and DSP offices, CWOs can facilitate an appointment within a short time of a person requiring such a meeting, at a mutually agreed location, including at the person's home or indeed where facilities are in place, at their local Social Welfare Branch Office.
While local face-to-face engagement with clients continues to be a cornerstone of the community welfare service, it is important to mention that a person does not need to meet with a CWO to make an application and any person who needs to access the CWS can call the National CWS freephone number at 0818 60 70 80, to make an appointment or to speak directly to a CWO. A person can speak with a CWO over the phone if they do not wish to travel to meet with a CWO in person. This service is proving very popular with customers in rural areas, who can have their needs met without the requirement to travel.
Where it is clear that a person has an urgent or immediate need, every effort is made to ensure that the claim is processed on the same day. CWOs are very experienced and can generally assess when a case is so urgent that it requires an immediate response. They have the facility to issue same-day manual cheque payments to clients and approximately 19% of clients who present to CWOs in person each week receive a manual cheque payment on the day that they attend.
A person can apply for a Supplementary Welfare Allowance (SWA) payment by completing a SWA1 form which is available in all Intreo Centres and Branch Offices. It can also be requested by calling 0818 60 70 80 and by using this link www.eforms.gov.ie/en/forms/5. A completed application form together with any supporting documentation can be returned directly to my Department where the claim will be processed quickly.
Where a person has a verified MyGovID they can also apply online for an Additional Needs Payment (ANP) at www.MyWelfare.ie. The provision of the ANP online application allows a person to make an application online whilst also providing documentation in support of their claim.
I trust this clarifies the matter.
83. Deputy Fergus O'Dowd asked the Minister for Social Protection if she will seek a review of a domiciliary care allowance case (details supplied) where the child is profoundly deaf but this is not seen as meeting the required criteria; and if she will make a statement on the matter. [16900/24]
Amharc ar fhreagraDomiciliary Care Allowance (DCA) is a monthly allowance payable to a parent/guardian in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of the child's disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child to deal with the activities of daily living in areas such as mobility, personal care, feeding / diet, communication, speech / language, sleeping, behaviour, safety, sensory issues, including any other additional needs.
Eligibility for DCA is not based entirely on the type of disability or diagnosis but primarily on the impact of the child's disability, in terms of the associated overall level of care and attention required by the child compared to a child of a similar age who does not have such a disability. The decision process that applies in the consideration of whether a child meets the conditions for DCA, includes the examination of all relevant factors identified as impacting on the child's additional care needs.
An application for DCA in respect of the child concerned was received by my Department on 22 January 2024. A Deciding Officer disallowed the claim as per decision dated 09 February 2024. Based on the information provided, the child was not considered to satisfy the conditions for DCA. This determination also considered the supporting medical evidence that was provided by the applicant in their application. The Deciding Officer had regard to the professional opinion of a departmental Medical Assessor in making their decision and a copy of this opinion was issued to the applicant for information along with the decision notification.
The applicant requested a review of the above decision.
Following a review of their application in respect of the child concerned, including all information and evidence available at the time of the original decision and all further information and documentary evidence that was provided in support of their review request, a Deciding Officer decided not to revise the above decision as per review decision dated 08 March 2024.
The person concerned submitted further additional information/evidence for consideration.
Following a further review of their application, including the further additional information and documentary evidence that was submitted for consideration, a Deciding Officer decided not to revise the original decision, as per further review decision dated 09 April 2024.
On foot of a request for a further review of eligibility for DCA in this case, a full re-examination of this DCA claim and my Department's original decision of 09 February 2024, was undertaken by a Deciding Officer.
Following the review of their entitlement to DCA in respect of the child concerned, including all information and supporting documentary evidence that was provided by the applicant in the application process to date, a Deciding Officer decided that a revision of the original decision of 9 February 2024 was warranted. As per revised decision dated 17 April 2024, their claim has been awarded with effect from 1 December 2023. This award includes a backdate of 2 months.
The person concerned was notified of the above revised decision in writing on 17 April 2024.
I hope this clarifies the position for the Deputy.
84. Deputy Fergus O'Dowd asked the Minister for Social Protection to respond to concerns raised in respect of the Automatic Enrolment Retirement Savings System Bill 2024 (details supplied); and if she will make a statement on the matter. [16982/24]
Amharc ar fhreagraI arranged for an in-depth consideration of the alternative AE proposal referred to by the Deputy. While my own officials looked at it carefully, I also referred it to the independent Pensions Council for its assessment.
The Pensions Council is an independent statutory body of pension experts drawn from the legal and financial world and its statutory role is to advise me on what it understands to be the best way forward in terms of providing a pensions landscape in Ireland.
While the Council acknowledged some positive aspects of the proposal in its report published on 3rd April 2024 on its website, it ultimately could not recommend it to me as a better alternative to the already agreed AE design.
The Council has found several shortcomings with regard to the technical and practical feasibility of the proposal, and a lack of supporting evidence for it. In short, the proposal is untried, untested and unproven in any other pension system or jurisdiction.
I, as Minister for Social Protection with responsibility for driving forward the auto-enrolment project, cannot pull AE participants into an untested investment model. I cannot take risks with participants' money, most of whom with be low to middle income earners, on an unproven approach and against the advice of the Pensions Council.
Furthermore, no investment is risk free, but even if the alternative proposal presented a lower risk overall, it allows no flexibility whatsoever for participants. It would lock them into permanent participation in a savings scheme that invests their money on the stock market with no option to suspend participation for any length of time or to opt-out. In addition, the alternative proposal does not provide participants with a choice in respect of the risk they are willing to undertake with their investment. I do not believe that these are constraints the participants themselves would find acceptable.
In view of these matters, and the advice provided to me, I intend to press ahead with the design agreed by Government in March 2022, the implementation of which is now well advanced.
I trust this clarifies matters for the Deputy.
85. Deputy Brendan Griffin asked the Minister for Social Protection when a decision will be made on a carer's allowance appeal (details supplied) in respect of a person in County Kerry. [17050/24]
Amharc ar fhreagraThe 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 Carer's Allowance appeal of the person concerned by way of summary decision on the 7 November 2023.
Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. I am advised that the person concerned subsequently submitted additional evidence and the appeal was assigned to another Appeals Officer to review the appeal. The Appeals Officer will make a review decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
I trust this clarifies the matter for the Deputy.
86. Deputy Duncan Smith asked the Minister for Justice if she is aware of the concern of organisations in the charity sector that run raffles as a funding mechanism regarding the impact of the Gambling Regulation Bill; if exemptions will be put in place to ensure charities are not restricted in running and advertising such raffles; and if she will make a statement on the matter. [16891/24]
Amharc ar fhreagraThe 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.
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 on the 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. Additionally, the Deputy may also like to note that the watershed provision does not apply to advertising online via social 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 the 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.
87. Deputy Carol Nolan asked the Minister for Justice if she is now in a position to supply the information sought in a previous question (details supplied); and if she will make a statement on the matter. [16773/24]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended), which includes all operational policing matters, including the management of Garda IT systems. As Minister, I have no role in such matters.
The Schengen Information System (SIS) went live in Ireland on 15 March 2021, and enables An Garda Síochána to further improve the safety and security of the public with access to the most widely used, and largest, information sharing system for security and border management in Europe.
On 7 March 2023, the upgraded SIS entered into operation. The upgraded SIS is enhanced to include new categories of alerts, biometrics such as palm prints, fingerprints, and DNA records for missing persons, and additional tools to combat crime and terrorism. These upgrades aim to provide national authorities with more complete and reliable information to enhance security and border management in Europe.
An Garda Síochána has responsibility for system connectivity and international communications regarding SIS. The national SIRENE Bureau is located at Garda Headquarters and is supported by the National SIS Office, also located in Garda Headquarters.
I am advised by the Garda authorities that SIS Alerts issued and received by Ireland from 15 March 2021 to 23 January 2024 (inclusive) are as listed below. Information may only be provided from 15 March 2021 as that is the date SIS went live in Ireland.
• Article 26 SIS Alerts issued by Ireland for persons wanted on European Arrest Warrants – 201
• Article 26 SIS Alerts received by Schengen countries – 54,098
• Article 32 SIS Alerts issued by Ireland for Missing Persons including children– 11,299
• Article 32 SIS Alerts received by Schengen countries – 4,214
• Article 34 SIS Alerts issued by Ireland for purpose of Establishing Place of Residence of Persons Sought to Assist with Criminal Proceedings – 300
• Article 34 SIS Alerts received by Schengen countries -2,017
• Article 38 SIS Alerts issued by Ireland for Objects wanted for Seizure or for Use as Evidence in Criminal Proceedings – 98,270
• Article 38 SIS Alerts received by Schengen countries – 2,677
It is worth noting that Ireland does not receive alerts per se. Alerts are issued by Member States and broadcast on the Schengen Information System. Ireland can view/access these alerts through SIS on a hit basis. The figures for “SIS Alerts received by Schengen countries” provided above are the number of alerts received/reviewed by An Garda Síochána on SIS that were issued by other Schengen states. These make up only a small part of the total number of alerts received across all Member States.
Accurate records of alerts issued by Member States other than Ireland are held centrally by EU-Lisa, the EU agency responsible for the Schengen Information System.
All information supplied is operational and subject to change and is correct as of 25 January 2024.
88. Deputy Carol Nolan asked the Minister for Justice if she is in a position to supply the information sought in a previous question (details supplied); and if she will make a statement on the matter. [16775/24]
Amharc ar fhreagraMy Department’s Border Management Unit (BMU) and the Garda National Immigration (GNIB) are working closely with airlines on a range of measures to ensure that passengers have the appropriate travel documentation when boarding. Immigration officials of my Department are available 24/7 to assist airlines with queries in relation to immigration matters.
In addition to providing advice to airlines on specific queries, training is provided to airline ground staff on current travel documentation requirements to help them identify fake documents and reduce the number of passengers boarding flights without correct documentation. It is an offence for a person to seek to enter the state without a valid passport or equivalent document.
My Department has recorded a significant reduction in 2023 in the number of people arriving in the State without the correct documentation. Q1 in 2024 has seen a further reduction in the numbers arriving without documentation based on the work that the Department’s Border Management Unit is doing in co-operation with Gardaí.
The information requested by the Deputy regarding nationalities of people who arrived at Dublin Airport, and who subsequently claimed international protection without being in possession of correct identifying documentation or no identifying documentation, has been to be collated in the manner requested with effect from October 2021 onwards. The tables below give a detailed breakdown as requested for the years 2022, 2023 and 2024 to 31 March.
The table below details the number of arrivals who were not in possession of correct identifying documentation or had no identifying documentation in 2022.
|
Nationality |
Total |
|
Nationality |
Total |
|
Georgian |
1538 |
|
Somali |
920 |
|
Zimbabwean |
540 |
|
Syrian |
506 |
|
Iranian |
391 |
|
Kuwaiti |
316 |
|
Eritrean |
233 |
|
Albanian |
202 |
|
Algerian |
178 |
|
Iraqi |
96 |
|
Chinese |
92 |
|
Palestinian |
88 |
|
Yemeni |
86 |
|
Sudanese |
83 |
|
Afghan |
82 |
|
Congolese (DRC) |
74 |
|
Nigerian |
47 |
|
Indian |
40 |
|
Ethiopian |
34 |
|
South African |
31 |
|
Togolese |
27 |
|
Sri Lankan |
26 |
|
Others |
170 |
|
Total |
5800 |
The table below details the number of arrivals who were not in possession of correct identifying documentation or had no identifying documentation in 2023.
|
Nationality |
Total |
|
Georgian |
526 |
|
Somali |
486 |
|
Chinese |
472 |
|
Zimbabwean |
371 |
|
Syrian |
335 |
|
Iranian |
313 |
|
Albanian |
278 |
|
Eritrean |
198 |
|
Kuwaiti |
191 |
|
Afghan |
183 |
|
Iraqi |
123 |
|
Indian |
122 |
|
Algerian |
115 |
|
Sudanese |
100 |
|
Congolese (DRC) |
60 |
|
South African |
57 |
|
Palestinian |
48 |
|
Yemeni |
36 |
|
Nigerian |
32 |
|
Ethiopian |
18 |
|
Turkish |
11 |
|
Others |
84 |
|
Total |
4159 |
The table below details the number of arrivals who were not in possession of correct identifying documentation or had no identifying documentation in 2024 to 31 March.
|
Nationality |
2024* |
|
Somali |
123 |
|
Albanian |
107 |
|
Georgian |
92 |
|
Syrian |
90 |
|
Zimbabwean |
79 |
|
Iranian |
58 |
|
Eritrean |
52 |
|
Afghan |
40 |
|
Kuwaiti |
38 |
|
Chinese |
36 |
|
Sudanese |
31 |
|
Congolese (DRC) |
17 |
|
Palestinian |
16 |
|
Algerian |
10 |
|
Others |
63 |
|
Total |
852 |
*All data provided is correct at time of issue and may be subject to data cleansing.
Information provided by applicants in support of their application upon arrival at the International Protection Office, including documents concerning their identity, are recorded on each individual applicant’s file. Therefore, this information is not available in a manner which allows detailed data to be extracted in the manner sought by the Deputy.
89. Deputy Brendan Griffin asked the Minister for Justice if a decision has been made on a join family visa in respect of a person (details supplied); and if she will make a statement on the matter. [16777/24]
Amharc ar fhreagraI can advise the Deputy that the application referred to was created on the 29 November 2023. Supporting documentation was received in the Bangkok office on the 14 December 2023. The application was received in the Dublin Visa Office on the 09 January 2024 where it awaits examination and processing.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:
www.irishimmigration.ie/visa-decisions/
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
90. Deputy Bernard J. Durkan asked the Minister for Justice the progress made to date in the determination of an appeal for a visa in the case of a person (details supplied); and if she will make a statement on the matter. [16813/24]
Amharc ar fhreagraThe visa application referred to by the Deputy was refused by the Visa Office in Dublin. The reason for this decision was set out in the refusal letter sent to the applicant on 21 November 2022. An appeal of this decision was received on 18 January 2023.
All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.
It should be noted that visa appeals are dealt with in strict chronological order. Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:
www.irishimmigration.ie/visa-decisions/
Processing times can change during the year, for example before holiday periods or for study applications prior to a new college year.
A decision will be issued to the applicants as soon as full consideration has been given by a Visa Appeals Officer.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
91. Deputy Bernard J. Durkan asked the Minister for Justice the current position of a naturalisation application by a person (details supplied); and if she will make a statement on the matter. [16823/24]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy was received in May 2023 and continues to be processed by my Department. The median processing time for applications is currently 19 months.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
