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Gnáthamharc

Tuesday, 23 Apr 2024

Written Answers Nos. 411-433

Social Welfare Benefits

Ceisteanna (411)

Éamon Ó Cuív

Ceist:

411. Deputy Éamon Ó Cuív asked the Minister for Social Protection when a decision will be made on an application for carer’s allowance submitted on 15 February 2024 (details supplied) in respect of a person caring for an individual who is terminally ill; and if she will make a statement on the matter. [17699/24]

Amharc ar fhreagra

Freagraí scríofa

Carer'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.

I confirm that my Department received an application for CA from the person concerned on 05 March 2024.

As the person concerned has income from farming, the matter was referred to a local Social Welfare Inspector (SWI) on 13 March 2024 to assess all means and to confirm that all the conditions for the receipt of CA are satisfied.  The SWI has arranged to meet with the person concerned on 23 April 2024.

Once the SWI has completed their report, a decision will be made at the earliest possible date and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Rates

Ceisteanna (412)

Marc MacSharry

Ceist:

412. Deputy Marc MacSharry asked the Minister for Social Protection when it is proposed to reduce the weekly social support payment for those already here under the temporary protection directive, and currently in receipt of €232 per week, to the same level as all other refugees, that is, €38 per week; and if she will make a statement on the matter. [17749/24]

Amharc ar fhreagra

Freagraí scríofa

In March 2022, the European Council adopted unanimously the implementing decision regarding the Temporary Protection Directive, due to the mass influx of persons fleeing Ukraine as a consequence of the war.  People arriving from Ukraine under the Directive can move through the EU as EU citizens. In October 2023, the EU Council agreed to extend the period of temporary protection to March 2025.

In order to continue to meet the EU Temporary Protection Directive requirements, whilst aligning more closely with other EU Member States approaches, the Government has implemented a revised approach to supporting new arrivals from Ukraine from 14 March 2024.

Under the revised approach, Beneficiaries of Temporary Protection who seek State accommodation are accommodated in Designated Accommodation Centres for a maximum of 90 days during which time they receive a reduced weekly payment of €38.80 per adult and €29.80 per child. The changes have been widely communicated to the Ukrainian community both in Ireland and elsewhere, to ensure people make an informed decision in relation to coming to Ireland.

There has been a notable drop in the number of people arriving from Ukraine and seeking Temporary Protection since the beginning of 2024. In addition, the number of Ukrainians relying on State provided accommodation is decreasing every week as people focus on becoming independent.

Any further changes to payments for BOTPs will be considered on a whole of government basis.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (413)

Brendan Griffin

Ceist:

413. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an invalidity pension appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [17811/24]

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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 12th March 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.

These papers have now been received and the case was assigned to an Appeals Officer on 8th April 2024, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Rates

Ceisteanna (414)

Kathleen Funchion

Ceist:

414. Deputy Kathleen Funchion asked the Minister for Social Protection the reason a person (details supplied) is only receiving €130 in carer’s payment, given the circumstances. [17812/24]

Amharc ar fhreagra

Freagraí scríofa

Carer'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.

Social welfare legislation provides that income and capital (such as savings, investments and property other than the family home) belonging to the claimant and his or her partner, where applicable, is assessable for means assessment purposes.

An application for CA was received from the person concerned on 7 December 2023.

One of the qualifying conditions for CA is that the means of the person concerned must be less than the statutory limit.

Following investigation, it was determined that the means of the person concerned were greater than the statutory limit and, therefore they were not entitled to CA.

The person concerned was notified on 15 January 2024 of this decision, the reason for it and of the right of review and appeal.

Following a review of the decision above, the person concerned was awarded CA and was due the payment from 7 December 2023. As weekly means were assessed at €201.82 per week, this resulted in CA of €53.00 being awarded along with €77 for qualified children, payable from 4 April 2024.

The person concerned was notified of this decision on 26 March 2024 and of the right to request a review and/or appeal.

Arrears of €2,250.00 for the period 7 December 2024 to 3 April 2024 issued on 4 April 2024.

A request for a review and an appeal was received on 8 April 2024. Following a review, the decision dated 26 March 2024 the decision remained unchanged. The person concerned was notified on 17 April 2024 of this decision, the reason for it and of the right of review and appeal.

The means test for CA has been significantly eased over the years. The current income disregard is €350 per week for a single person and €750 per week for a couple. From June 2024, the weekly income disregard will increase to €450 for a single person, and to €900 for carers with a spouse / partner.

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Ceisteanna (415)

Neasa Hourigan

Ceist:

415. Deputy Neasa Hourigan asked the Minister for Social Protection , further to Parliamentary Question No. 46 of 16 April, the date her Department will launch the reformed scheme combining the reasonable accommodation fund and the disability awareness support scheme; and if she will make a statement on the matter. [17815/24]

Amharc ar fhreagra

Freagraí scríofa

My Department provides a wide range of income and employment supports to assist jobseekers and employees with disabilities, and their employers. These supports include the Reasonable Accommodation Fund and the Disability Awareness Support Scheme.

The Reasonable Accommodation Fund provides financial support for people with disabilities and for employers to help make their workplaces more accessible. The Disability Awareness Support Scheme provides funding for disability awareness training for employees.

Last autumn, I published a review of these schemes. The review recommends combining the two schemes into a single flexible scheme, simplifying systems and processes, providing approval in principle, and promoting the reformed scheme.

I have allocated an additional €1 million to implement all nine recommendations in the review.

My officials have been working to make these recommendations operational and I expect to launch the reformed scheme in the coming weeks.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (416)

Robert Troy

Ceist:

416. Deputy Robert Troy asked the Minister for Social Protection if she will expedite a domiciliary care allowance review for a person (details supplied). [17933/24]

Amharc ar fhreagra

Freagraí scríofa

Where an application for Domiciliary Care Allowance (DCA) is awarded, payment is effective from the first of the month following receipt of the application. However, DCA applications may be backdated in cases where good cause for the delay in making the claim can be shown to the satisfaction of a Deciding Officer. This maximum permitted period is governed by social welfare legislation and cannot exceed 6 months.

An application for DCA in respect of their child was received by my Department from the person concerned on 15 February 2024. The application was awarded with effect from 1 March 2024 (month following receipt of the claim), as per decision dated 6 March 2024.

A request for a review, in relation to backdating of DCA entitlement was received on behalf of the person concerned.

Following a review, the DCA entitlement was backdated by 6 months to 1 September 2023, as per review decision dated 18 April 2024. Backdating of payment was allowed, as provided for under legislation, following consideration of the further information provided by the person concerned in their review request, relating to the good cause for not making an earlier claim.

The person concerned was notified of the review decision in writing on 18 April 2024.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Ceisteanna (417)

Robert Troy

Ceist:

417. Deputy Robert Troy asked the Minister for Social Protection if an invalidity appeal will be urgently expedited for a person (details supplied). [17935/24]

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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 22nd February 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.

These papers have now been received and the case was assigned to an Appeals Officer on 19th March 2024, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (418)

Michael Creed

Ceist:

418. Deputy Michael Creed asked the Minister for Social Protection when it is expected a decision will issue on a carer's allowance application (details supplied). [17948/24]

Amharc ar fhreagra

Freagraí scríofa

Carer'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.

It is a condition for receipt of CA that every claimant shall furnish such certificates, documents, information, and evidence as may be required for the purposes of deciding their claim.

I can confirm that an application for CA was received from the person concerned on 20 October 2023 and a further application for CA for a second care recipient was received on 21 February 2024.

The application in respect of the first care recipient was disallowed on 05 December 2023. Based on the medical evidence submitted, the Deciding Officer (DO) decided that the requirement for full-time care was not satisfied and the person concerned also failed to provide such certificates, documents information or evidence as requested.

The person concerned was notified of this decision on 05 December 2023, the reasons for it and also of the right to review and-or appeal.

A request to appeal this decision was lodged to the Department on 12 December 2023 and forwarded to The Social Welfare Appeals Office (SWAO) on 09 February 2024 for determination.

The SWAO provides an independent appeals service for people who are dissatisfied with decisions made by Deciding Officers and can be contacted by phoning 0818-747434 or 01-6732800 or by emailing swappeals@welfare.ie.

The application in respect of the second care recipient was awarded from 07 September 2023. The person concerned was notified on 19 April 2024 of the decision, the reasons for it and also of their right to review and / or appeal. Arrears for the period 07 September to 24 April 2024 have issued to the persons nominated bank account.

I trust this clarifies the matter.

Social Welfare Eligibility

Ceisteanna (419)

Bernard Durkan

Ceist:

419. Deputy Bernard J. Durkan asked the Minister for Social Protection whether any interim payment is available in the case of a person (details supplied) who is a HSE worker who contracted Covid on the frontline during the pandemic but has suffered with ill health ever since and currently has no income; and if she will make a statement on the matter. [17975/24]

Amharc ar fhreagra

Freagraí scríofa

My Department provides a suite of income supports for those who are unable to work due to an illness or disability. These include contributory payments, based on PRSI contributions, such as Illness Benefit and Invalidity Pension, and non-contributory payments, based on a means test, such as Disability Allowance.

Entitlement to these supports is contingent on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work.  It is not dependent on the nature of the illness or disability.

A person who can no longer work due to ill health after COVID may be covered, like all other conditions, by the range of disability-related payments provided by my department, which are not condition-specific.

Illness Benefit is a short-term social insurance scheme. It is available for up to two years for people who have the required social insurance contributions. Their doctor must submit a Certificate of Incapacity to Work to the Department.

Invalidity Pension is a longer-term social insurance scheme, based on PRSI contributions and medical condition. In order to qualify, the person must have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months; or must be permanently incapable of work. Over 57,000 were in receipt of Invalidity Pension in February 2024.

Disability Allowance is a longer-term social assistance scheme. In order to qualify, the person must satisfy a habitual residency condition, a means test and meet the medical requirement. The medical requirement for Disability Allowance is that the person's disability must be expected to last for at least one year, and the disability must substantially restrict a person’s ability to work. Over 162,700 people were in receipt of Disability Allowance in February 2024.

A Temporary Scheme of Paid Leave was developed by the Department of Health for certain public health sector employees who were unfit to work after a COVID-19 infection. This scheme was due to end on 31 March 2024 but has been extended for a further three months.

Any person experiencing financial hardship may seek financial assistance under the Supplementary Welfare Allowance Scheme. To qualify, the person must satisfy a habitual residency condition and the means assessment. They must have also applied for any other benefit or allowance they are entitled to and registered for work with Intreo, if they are of working age.

I trust this clarifies the matter for the Deputy.

Social Insurance

Ceisteanna (420)

Matt Carthy

Ceist:

420. Deputy Matt Carthy asked the Minister for Social Protection the reason a person on class D contribution within a State agency is unable to change to class A contributions; if she has considered implementing changes to facilitate same; and if she will make a statement on the matter. [18020/24]

Amharc ar fhreagra

Freagraí scríofa

Social insurance contributions are made in accordance with the legislation and the employment terms and conditions in force at the time they are made, and eligibility for social insurance benefits flows from those particular contributions.

Civil and public sector employees recruited prior to 6 April 1995, pay social insurance contributions at modified rates under classes B, C and D. Amongst the class B contributors are permanent and pensionable civil servants and Gardaí, the class C contributors are commissioned army officers and members of the army nursing service and the class D contributors include permanent and pensionable employees in the public service other than those insured at classes B and C. Civil and public servants recruited from 6 April 1995 pay social insurance at the standard class A rate.

Prior to 6 April 1995, civil and public servants did not have access to the full range of social insurance benefits as their terms of employment protected them against the main contingencies of illness and retirement, and the risk of unemployment was not considered a factor due to the nature of their employment.

Consequently, such contributors pay less in social insurance contributions in return for fewer social insurance benefits. For example, class D contributors currently pay a contribution at the rate of 0.9% on their weekly earnings up to €1,443 and 4% on weekly earnings over that amount and their employers pay a contribution of 2.35% on all employee earnings. Class D contributors are currently entitled to widow's, widower's or surviving civil partner's (contributory) pension, guardian's payment (contributory), occupational injuries benefits, parent's benefit and carer's benefit.

In contrast, civil and public servants recruited from 6 April 1995 pay a class A social insurance contribution of 4% on their weekly earnings and their employers pay a contribution of 8.8% where employees’ weekly earnings are €441 or less and 11.05% where their employees’ weekly earnings exceed €441.  Class A contributors have access to the full range of social insurance benefits.

I am satisfied with the current rules that apply across the PRSI classes and I have no plans to change them to facilitate a class D contributor changing to class A within the same employment.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (421)

Ivana Bacik

Ceist:

421. Deputy Ivana Bacik asked the Minister for Social Protection , further to Parliamentary Question No. 731 of 9 April, how an assessment is conducted with respect to determining the extent to which a particular illness or disability impairs or restricts a person's capacity to work; and if she will make a statement on the matter. [18082/24]

Amharc ar fhreagra

Freagraí scríofa

In conducting assessments of the impact of an illness or disability on a person's capcity to work  all submitted medial evidence from the customer’s own doctor, hospital clinician, or other health care provider, along with the customer’s own account of the impact to their health and functioning is taken into consideration.

All information provided is considered against the qualifying criteria of the relevant scheme.

Medical Assessors employed by the Department are all qualified physicians and come from a variety of backgrounds, including General Practice, Surgery and Psychiatry  and are trained in occupational health assessments. They do not question the diagnosis presented by the person seeking an income support but assess the impact of the condition(s on the person's capacity to work  taking due account of  the prognosis of the condition(s); its severity, the expected duration of the condition(s); the treatment received and/or future planned treatment or intervention.

I trust this clarifies the matter for the Deputy.

Registration of Births

Ceisteanna (422)

Ivana Bacik

Ceist:

422. Deputy Ivana Bacik asked the Minister for Social Protection her views on the making public of the stillbirth register; if she has further plans for reform to support families through pregnancy loss and stillbirth; and if she will make a statement on the matter. [18083/24]

Amharc ar fhreagra

Freagraí scríofa

The registration of a stillbirth is voluntary. The General Register Office (GRO), who operate the Stillbirth Register on behalf of my Department,  have observed that around half of parents who experience a stillbirth select to register the event, perhaps in part reflecting, the huge loss and trauma experienced by parents and their families. Those parents who registered the stillbirth of their child on the current register did so in the knowledge that the record created would not be publicly available.

Currently, the birth of a stillborn child may be registered where the child has a gestational age of 24 weeks or more or weighs 500 grammes or more. I have recently published the Civil Registration (Electronic Registration) Bill 2024 which , based on clinical advice from the Department of Health, seeks to reduce these criteria to 23 weeks and 400 grammes respectively. Additionally, I have also introduced a change that will allow, in cases of multiple pregnancies, that where any child reaches the criteria for stillbirth, then any other children will also be recorded as a stillbirth, provided they each weigh 200 grammes or more.

Currently, only the parents of a child recorded in the register can request a stillbirth certificate. The new Bill provides that other members of the family can also make an application. This process has also been improved in the Bill and it will enable local HSE registration staff , in addition to staff of the GRO, to search the register and issue certificates for the parents or family members.

The Bill will also create a new Record of Stillbirths. This Record will be open to the public and will contain records from the Register of Stillbirths, where the parents of the stillborn child indicate to the GRO that they would like to have the details of their stillborn child in the Record of Stillbirths.

These are important changes to the stillbirth registration process which I hope will help families who have experienced the trauma and sadness of the loss of a stillborn child.

I believe the changes I have outlined above together with the voluntary open access of the Record of Stillbirths will allow a form of public recognition whilst also maintaining the  privacy of those parents who do not wish to have their child's records made available publicly.

Information relating to the reform of supports for families who experience pregnancy loss and stillbirth are matters that relate to the Department of Health.

I hope that this information is of assistance to the Deputy.

Social Welfare Benefits

Ceisteanna (423)

Duncan Smith

Ceist:

423. Deputy Duncan Smith asked the Minister for Social Protection when a domiciliary allowance payment, which was submitted on behalf of a person (details supplied) in November 2023, will be awarded to the applicant; and if she will make a statement on the matter. [18116/24]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that an application for Domiciliary Care Allowance (DCA) from the person concerned was received by my Department on 21 November 2023.

The application was awarded as per decision dated 8 April 2024.

The person was notified of the above decision in writing on 8 April 2024.

As advised in the above decision notification, the DCA payment commenced on 16 April 2024. The payment was made to the person's nominated financial account and included any arrears due.

I hope this clarifies the position for the Deputy.

An Garda Síochána

Ceisteanna (424)

Richard Boyd Barrett

Ceist:

424. Deputy Richard Boyd Barrett asked the Minister for Justice , further to Parliamentary Question No. 921 of 9 April, if further clarification will be provided on what specifically the figures for offences and convictions are in respect of the second table; and if she will make a statement on the matter. [17318/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, management of the courts, including operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

To be of assistance, I have contacted the Courts Service on the Deputy's behalf and requested, as per the Deputy's clarification, a breakdown of what specific offence type people were convicted of. 

I am advised by the Courts Service that there is only one offence code for breach, and the prosecutor would state in the body of the offence what was breached. Unfortunately, the courts service cannot break down this information into categories of what was breached.

Additionally, as the Deputy may be aware section 33. (1) of the Domestic Violence Act 2018 provides that a respondent who—

                                (a) contravenes a safety order, a barring order, an interim barring order, an emergency barring order or a protection order, or

                                (b) while a barring order, an emergency barring order or an interim barring order is in force, refuses to permit the applicant or a dependent person to enter in and remain in the place to which the order relates or does any act for the purpose of preventing the applicant or dependent person from so doing, commits an offence and shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months, or both.

Immigration Status

Ceisteanna (425)

Brendan Griffin

Ceist:

425. Deputy Brendan Griffin asked the Minister for Justice for advice and-or clarification on a matter (details supplied); and if she will make a statement on the matter. [17319/24]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy currently holds a Stamp 4 immigration permission valid until 21 May 2024.

If the person concerned wishes to renew their permission at the end of this period, they should attend at their local Immigration Registration Office. Information on how to renew an immigration permission is available on the Immigration Service website: at www.irishimmigration.ie/registering-your-immigration-permission/how-to-renew-your-current-permission/.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Legislative Reviews

Ceisteanna (426)

Patrick Costello

Ceist:

426. Deputy Patrick Costello asked the Minister for Justice if she would be willing to carry out a review of the Multi-Unit Developments Act 2011 and issues relating to the operation of same; and if she will make a statement on the matter. [17322/24]

Amharc ar fhreagra

Freagraí scríofa

The Multi-Unit Developments (MUDs) Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). The Programme for Government contains a commitment to conduct a review of the MUDs Act, to ensure that it is fit for purpose and that it acts in the best interests of residents.

The work of my Department in relation to multi-unit developments is guided by that of the Department for Housing, Local Government and Heritage, in view of its central role in this area. The importance of policy input from that Department is underlined by a number of important initiatives in relation to multi-unit developments that have recently been brought forward by the Minister for Housing, Local Government and Heritage. These include the remediation scheme, which Minister O’Brien announced last year, and which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013.

Furthermore, an Interim Remediation Scheme for the funding of emergency fire safety defect works in apartments and duplexes was launched last December and is now open to applications from OMCs. Minister O’Brien also expects to publish this year, the draft legislation required to underpin the scheme, and to put in place the statutory scheme shortly thereafter.

It is important that the review of the Multi-Unit Developments Act 2011 would be informed by these key ongoing and priority developments, and as such it is not possible at this point to say when the review of the Act will be completed.

Legislative Measures

Ceisteanna (427)

Patrick Costello

Ceist:

427. Deputy Patrick Costello asked the Minister for Justice in instances where residents feel aggrieved by decisions taken or feel owners’ management companies are acting outside the scope of the Multi-Unit Developments Act 2011, the mechanisms under which residents can submit these actions for review or enforcement; and if she will make a statement on the matter. [17324/24]

Amharc ar fhreagra

Freagraí scríofa

The Multi-Unit Developments (MUDs) Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs).

The MUDs Act acknowledges the risk of disputes arising in the enforcement of rights and the performance of obligations imposed by its provisions and makes provision for the resolution of such disputes. For example, section 24 provides that a person, including any member of an OMC, may apply to the Circuit Court for an Order to enforce any rights conferred or obligations imposed by the Act. Section 24(2) allows the Court to take into account whether the parties have tried to resolve their differences by mediation or other alternative dispute resolution. While section 27 provides for court-directed mediation if the court considers that a ‘mediation conference’ between the parties would assist in reaching a settlement of the matter.

It should also be noted that OMCs are subject to company law provisions, including their own memorandum of association, and are subject to oversight by the Company Registration Office and the Office of the Director of Corporate Enforcement. Furthermore, the Competition and Consumer Protection Commission plays a role in providing information and advice to intending purchasers of residential units in multi-unit developments.

Immigration Status

Ceisteanna (428)

Kathleen Funchion

Ceist:

428. Deputy Kathleen Funchion asked the Minister for Justice if a person can apply for citizenship (details supplied). [17372/24]

Amharc ar fhreagra

Freagraí scríofa

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals and people granted International Protection where the requirement is 3 years. In all cases, the final 12 months must be continuous residence in the State with up to 70 days allowed to facilitate foreign travel for business family or holiday purposes.

It is open to anyone to make an application for citizenship once they meet the criteria as set out in the 1956 Act, as amended. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.

Detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/

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.

International Students

Ceisteanna (429, 430)

Mairéad Farrell

Ceist:

429. Deputy Mairéad Farrell asked the Minister for Justice the number of English language schools that were inspected for compliance of the ILEP in each of the years 2016 to 2023, in tabular form; and if she will make a statement on the matter. [17393/24]

Amharc ar fhreagra

Mairéad Farrell

Ceist:

430. Deputy Mairéad Farrell asked the Minister for Justice the number of English language schools that were removed from the ILEP in each of the years 2016 to 2023, in tabular form; the number of these schools that were later readmitted on to the ILEP; and the number of schools that were not readmitted. [17394/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 429 and 430 together.

The information sought by the Deputy is set out in the following table with regard to English language schools listed on the Interim List of Eligible Programmes (ILEP).

Year

Providers removed

Providers readmitted

Refused readmission

Compliance inspections

2016

2

 

1

10

2017

0

 

 

1

2018

5

1

 

13

2019

2

 

 

15

2020

2

1

1

7

2021

1

 

 

0

2022

1

 

 

2

2023

5

 

 

3

The Deputy may wish to note that providers are removed from the ILEP for a number of reasons: at the request of the provider; where a provider closes or ceases to offer programmes; identified cases of non-compliance with set criteria and requirements. Few providers apply for readmission.

It was necessary to halt inspections of English language schools when the Covid-19 pandemic restrictions were introduced. Other methods of investigating and monitoring compliance were developed which are still used, including spot-checks of compliance and requests for records to gather data to evaluate providers’ compliance with ILEP criteria and immigration requirements.

Question No. 430 answered with Question No. 429.

Legislative Measures

Ceisteanna (431)

Carol Nolan

Ceist:

431. Deputy Carol Nolan asked the Minister for Justice if it is her view that existing legislation is sufficient to deal with the issue of rising knife crime, including the carrying of illegally held knives; if her Department is considering updating the law in this regard; and if she will make a statement on the matter. [17396/24]

Amharc ar fhreagra

Freagraí scríofa

There are many complex and interlinked reasons for the use of knives in the commission of offences. Long term, evidence-based strategies and local interventions by trusted youth workers are most effective as part of a wider strategic response to the types of crime in which knives are a feature, including anti-social behaviour, street violence, youth offending and domestic violence. As the Deputy will be aware, in many tragic instances, the weapon is an ordinary household/kitchen knife, a screwdriver or similar item.

When some younger people feel unsafe or under threat, there can be a temptation to carry knives. Incidents involving knives can tend to increase this trend and there are certainly no quick-fix solutions to tackling this type of behaviour which is long-standing over many generations.

I established the Expert Forum on Anti-Social Behaviour in 2020 which has examined a broad range of issues with a focus on developing measures which will counteract the negative impact of this behaviour on community morale and quality of life. The Forum has established four sub-groups to consider specific issues, including one on knife crime, and has made a number of recommendations based on the available evidence to inform criminal justice policy in this area.

This work resulted in last week’s approval by the Government of my proposal to amend legislation to increase sentences for a number of knife-related crimes and to strengthen the use of Anti Social Behaviour Orders.

The specific offences we are seeking to increase for knife-related crimes are the penalties under Sections 9 (1) and (5), 10, 11, and 12 of the Firearms and Offensive Weapons Act 1990.

Section 9(1): possession of a knife in a public place, to remain at a maximum penalty of 5 years.

Section 9(5): possession with intent to unlawfully cause injury, to increase maximum penalty of 5 years to 7 years.

Section 10: trespassing with a knife, weapon of offence or other article, to increase maximum penalty of 5 years to 7 years.

Section 11: production of an article capable of inflicting serious injury (to unlawfully intimidate another person),

to increase maximum penalty of 5 years to 7 years.

Section 12: the manufacture, importation, sale, hire or loan of offensive weapons, to increase maximum penalty of 7 years to 10 years.

I can assure the Deputy that An Garda Síochána continues to put into practice a range of proactive measures to tackle this issue, including the ongoing assault reduction strategy, which is targeted at tackling all types of assaults, including the use of knives. This strategy is informed by a pro-arrest, early investigation, and proactive high-visibility approach.

An Garda Síochána

Ceisteanna (432)

Sorca Clarke

Ceist:

432. Deputy Sorca Clarke asked the Minister for Justice the amount spent on the replacement of ballistic shields for use by An Garda Síochána in 2023 and to date in 2024, in tabular form. [17423/24]

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 administration and management of An Garda Síochána, including the procurement of protective equipment such as ballistic shields. As Minister, I have no role in such matters.

To provide An Garda Síochána with the equipment and resources they need I have allocated record amounts to the Garda Vote in recent years, with over €2.35 billion allocated for 2024, an increase of 25% since 2020.

I can inform the Deputy that Budget 2024 provides for the purchase of over 2,500 units of body armour for An Garda Síochána.

I am informed by that Garda authorities that no ballistic shields were replaced in the years 2023 and to date in 2024.

Visa Applications

Ceisteanna (433)

Bernard Durkan

Ceist:

433. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a visa application in the case of a person (details supplied); if this application can be expedited, given the circumstances of the case; and if she will make a statement on the matter. [17444/24]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the visa application referred to was granted on 15 April 2024.

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.

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