Written Answers Nos. 276-283
276. Deputy James Geoghegan asked the Minister for Social Protection the number of cases where the Department has found suspected fraudulent activity, for each year over the past five years; the total value of overpayments for each of those years identified; the value of recoveries made for each of those years, in tabular form; and if he will make a statement on the matter. [7108/25]
Amharc ar fhreagraOverpayments of social welfare entitlements can occur where a person provides false or misleading information in their application or through error on the part of either the claimant or the Department. Persons who have been overpaid social welfare have a liability to refund the overpayment as they have been in receipt of a payment to which they were not entitled.
The table below sets out the number of overpayments raised and the associated value of those cases where fraudulent activity was suspected. These cases arise where a deciding officer is satisfied that there is sufficient evidence that a person deliberately provided false or misleading information or wilfully concealed relevant information in relation to their entitlement. The Deputy will appreciate that there is a high evidential standard to be met in such cases.
|
Year |
No. of Suspected Fraud Cases |
Value of Overpayments |
*Recoveries of Suspected Fraud Cases |
*Total Recoveries |
|
2020 |
5,338 |
€20,253,317 |
€75,205,776 |
|
|
2021 |
6,290 |
€19,014,828 |
€77,684,552 |
|
|
2022 |
5,597 |
€19,635,546 |
€80,541,007 |
|
|
2023 |
5,097 |
€17,963,080 |
€13,694,860.24 |
€87,359,258 |
|
2024 |
6,007 |
€24,344,345 |
€14,650,666.75 |
€100,785,318 |
*While the total recoveries are available for the years 2020 to 2024, figures for recoveries of suspected fraud cases only are available from 2023 due to changes in reporting systems. Recoveries may include overpayments raised in other years but are being repaid in the current year.
I trust that this clarifies the matter for the Deputy.
277. Deputy Barry Heneghan asked the Minister for Social Protection if he will provide a detailed timeline for the enactment of the Social Welfare (Bereaved Partner’s Pension) Bill 2024, in light of the Supreme Court ruling in a case (details supplied); and to outline the steps being taken to ensure that bereaved cohabiting partners will receive the necessary financial support without further delay. [7116/25]
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.
As the Deputy is aware, on 22nd January 2024, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant 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 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 to resolve the issue raised by the judgment, a legislative amendment is required.
In June 2024, the then Government approved the priority drafting of the legislative changes required to respond to the Supreme Court decision. The General Scheme of a Bill was referred to the Office of Parliamentary Counsel for priority drafting and to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for Pre-Legislative Scrutiny. The Committee issued its report and recommendations on the 26th of July 2024.
The draft legislation raised a number of complex issues that required the advices of the Office of the Attorney General and ongoing engagement between officials in the Department of Social Protection and the Office of Parliamentary Counsel. A draft Bill is now being finalised and I intend to bring it to Government in the near future in order to obtain approval for its introduction to the Oireachtas.
I trust this clarifies the matter for the Deputy.
278. Deputy Peadar Tóibín asked the Minister for Justice whether current and retired Gardaí used to interview asylum seekers; and the cost of each of these interviews. [7139/25]
Amharc ar fhreagra291. Deputy Peadar Tóibín asked the Minister for Justice the number of retired Gardaí who have been paid to interview asylum seekers; the number of interviews they have conducted; the amount they are being paid per interview; and if she will make a statement on the matter. [6939/25]
Amharc ar fhreagraI can assure the Deputy that I am fully committed to ensuring that Ireland’s International Protection system is robust and rules based, and that our borders are protected. In 2024 the International Protection Office (IPO) delivered over 14,000 first decisions compared to over 8,500 in 2023, while the International Protection Appeals Tribunal (IPAT) closed around 3,100 appeals in 2024 compared to over 1,700 in 2023. In 2024 the IPO scheduled over 17,700 interviews while 2,064 interviews have been arranged up to the end of January 2025.
This substantial increase in processing results from investment in increased staffing levels, technology and infrastructure, as well as the increased use of panel members and Tribunal members at the IPO and IPAT respectively.
There are currently 6 full time and 88 part time Tribunal Members at IPAT who make decisions on appeals with the administrative staff providing governance and organisational support. Until mid-2024, it was necessary for a candidate to have practised as a barrister or solicitor for 5 years before being appointed as a Tribunal Member by the Minister for Justice, following a competition run by the Public Appointments Service. The entry qualification is now two years practice.
People may apply to be members of the IPO panel if they hold a relevant degree, or have a minimum of two years’ experience in the area of international protection or immigration, as well as meeting other criteria. Panel members may not be serving civil or public servants (including Gardaí). It is open to anyone to apply if they meet the essential qualifications and requirements.
The complex nature of the International Protection Act 2015 requires in-depth training and the IPO works closely with the UNHCR in developing and delivering this training to its staff and panel members.
Following this period of extensive training panel members undertake interviews, draft reports and recommendations which are then considered by staff of the International Protection Office.
I am informed that the IPO currently contracts 240 panel members, of whom 34 are former Gardaí.
The schedule of fees payable is attached.
|
Single Procedure |
|
|
Full Single Procedure |
€615.00 |
|
Protection Only |
€495.00 |
|
PTR Only |
€120.00 |
|
Spouse/Partner |
€350.00 |
|
Protection Only |
€290.00 |
|
PTR Only |
€60.00 |
|
Dependent |
€95.00 |
|
Protection Only |
€65.00 |
|
PTR Only |
€35.00 |
|
Withdrawal |
€165.00 |
|
No Show |
€110.00 |
|
PTR Post IPAT Decision |
|
|
Review of Case |
€120.00 |
|
Spouse/Partner |
€60.00 |
|
Dependent |
€30.00 |
|
Subsequent Application for IP |
|
|
Subsequent Application |
€245.00 |
|
Single Procedure Appeals (Presenting Unit) |
|
|
Principal Applicant |
€295.00 |
|
Spouse/Partner |
€210.00 |
|
Dependent |
€0.00 |
|
Does not go ahead |
€95.00 |
|
Dublin Regulation Cases |
|
|
Principal Applicant |
€220.00 |
|
Spouse/Partner |
€135.00 |
|
Dependent |
€30.00 |
|
Dublin Cases (Appeals) |
|
|
Principal Applicant |
€135.00 |
|
Spouse/Partner |
€100.00 |
|
Dependent |
€0.00 |
|
Does not go ahead |
€25.00 |
|
IP Preliminary Interview/Admissibility Assessment |
|
|
Admissibility |
€245.00 |
|
Refoulement Consideration |
|
|
€247.50 |
279. Deputy Matt Carthy asked the Minister for Justice if he will establish a forum for stakeholder engagement on firearms licensing and related matters, similar to the previous firearms consultative panel that was previously in place; and if he will make a statement on the matter. [6812/25]
Amharc ar fhreagra280. Deputy Matt Carthy asked the Minister for Justice if he has received correspondence from an organisation (details supplied); if he intends to meet with this organisation; and if he will make a statement on the matter. [6813/25]
Amharc ar fhreagra281. Deputy Matt Carthy asked the Minister for Justice if he intends to reform the processing procedures for firearms licensing; and if he will make a statement on the matter. [6814/25]
Amharc ar fhreagraI propose to take Questions Nos. 279, 280 and 281 together.
My Department holds meetings with individual firearms organisations on request and engages with various firearms stakeholders in other ways, while An Garda Síochána also meets with stakeholder organisations in respect of relevant matters.
The Firearms Consultative Panel (FCP) was a non-statutory forum comprising various firearms interest groups that last met in 2019. I am informed that a breakdown in relations between some of the major firearms interest groups represented on the panel meant that it was not possible for meetings to take place with all groups represented, in effect putting the FCP into abeyance.
Reform of the firearms licensing system has been under consideration for a number of years and extensive consultation has been undertaken on this issue.
The Firearms Expert Committee, a non-statutory advisory body, was established in 2022 to provide guidance on matters related to firearms licensing in the State. The FEC was tasked with making recommendations on a range of firearms matters, including carrying out an assessment of all types of firearms to determine their current use under the existing licensing system and their suitability for future licensing. Its final reports were published in March 2023 alongside the minutes of each in-person meeting.
Following the delivery of the FEC’s reports, an FEC consultation was launched online in May 2023. This was to ensure that stakeholder organisations, and their members, could engage fully in this consultation process. As part of the consultation process the then-Minister of State and Department officials held meetings with a number of such groups so that they could feed in the views of their members, and this process continues.
It is my intention, with Minister of State Collins, to give early consideration to the FEC's reports and the outcomes of the consultation process and to further engage with relevant stakeholders in relation to any potential changes to policy or legislation in this area.
282. Deputy Ryan O'Meara asked the Minister for Justice the criteria that a person who arrived in Ireland as a child under beneficiaries of temporary protection must meet for naturalisation; and if she will make a statement on the matter. [6823/25]
Amharc ar fhreagraAs the Deputy will be aware, the Temporary Protection Directive has been extended until March 2026 at a meeting of the European Council in June 2024, thereby providing certainty for Beneficiaries of Temporary Protection who can continue to avail of the protections that the Directive provides during this time. Consideration as to the arrangements to be put in place following the expiry of the Directive are ongoing, both within the Government and at an EU level.Beneficiaries of Temporary Protection hold temporary permission to remain in Ireland, this permission is renewable on an annual basis, as long as the Directive remains in force.
The Deputy will appreciate that I cannot pre-empt the outcome of future discussions and decisions of either the EU or the Government in this regard, however, Ireland supports the strong call from EU Member States for a harmonised approach.
All applications for a certificate of naturalisation are assessed individually in accordance with the provisions of the Irish Nationality and Citizenship Act 1956, as amended.
A determination on whether an applicant satisfies the statutory criteria for naturalisation can only be made after an application is received.
Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted. The conditions include that applicants must have 5 years reckonable residence in the State prior to making an application. There is no exemption from these requirements for beneficiaries of Temporary Protection in Ireland.
As minors cannot apply for naturalisation directly, an application must be made by their parent, legal guardian or person acting on the child's behalf "in loco parentis".
Detailed information on how to apply for naturalisation and other resources is available on my Department’s Immigration website here: www.irishimmigration.ie/how-to-become-a-citizen/.
283. Deputy Paul Murphy asked the Minister for Justice the number of civilian staff recruited under the An Garda Síochána civilianisation programme since 2008; the number of gardaí who have been put on the beat on foot of this programme since 2008; the cost of the civilianisation programme each year since 2008; and the number of gardaí sitting at desks as of 29 January 2025. [6829/25]
Amharc ar fhreagraThe Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes all operational policing matters. As Minister, I have no role in these matters and cannot seek to direct the Commissioner in relation to such.
There has been a major increase in Garda staff numbers over the last ten years where the number of whole-time equivalents has increased from approximately 2,000 to 3,500, a 75% increase. Over this time, these additional staff have provided expertise in support of the investigation of crime and freed up 900 Gardaí for deployment to frontline duties. This proportion of civilian staff to sworn members is still relatively low by international standards and I look forward to further civilianisation and greater professional expertise in key areas.
In January of this year, the nationwide transfer of immigration registration functions from An Garda Síochána to my Department completes the full civilianisation of the Garda administrative immigration functions.
Prior to this transfer, over 100 Gardaí were assigned to immigration duties. The release of these Gardaí now enables Garda management to focus resources more on enforcement and operational matters such as deportations and investigations.
Work is ongoing in my Department to progress the other recommendations contained in the 2018 report of the Commission on the Future of Policing in Ireland (COFPI), working in conjunction with An Garda Síochána and other Departments and Agencies.
The Commission also recommended that Garda staff be recruited directly to An Garda Síochána as public servants, rather than to the Civil Service. A central tenet of the report was that An Garda Síochána should be seen and treated as a single organisation with a single workforce sharing a common mission. It found that more integrated workforce structures would help to leverage the different skills and perspectives of Gardaí and Garda staff and thereby to contribute to enhancing the capacity of the organisation to deliver better policing outcomes.
It is for this reason that the Policing, Security and Community Safety Act 2024 provides that Garda staff will in future be recruited and appointed by the Garda Commissioner as public servants.
The total Garda workforce, including Reserves is currently over 18,000.
