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Wednesday, 8 Feb 2023

Written Answers Nos. 296-313

Flexible Work Practices

Questions (296, 297)

Pa Daly

Question:

296. Deputy Pa Daly asked the Minister for Children, Equality, Disability, Integration and Youth when proposed legislation on flexible working will be brought before the Houses of the Oireachtas. [6005/23]

View answer

Brendan Griffin

Question:

297. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth when legislation for flexible work (details supplied) will be brought before the Houses of the Oireachtas; and if he will make a statement on the matter. [6030/23]

View answer

Written answers

I propose to take Questions Nos. 296 and 297 together.

The Work Life Balance and Miscellaneous Provisions Bill 2022 was included in the Government Legislative Programme for Autumn 2022 as priority legislation for drafting and publication in that session. The Bill has since passed all stages in Dáil Éireann and is currently before the Seanad at Committee Stage.

The Bill includes provisions to transpose Article 9 of the EU Work Life Balance Directive which provides for a right to request flexible working for parents and carers. Separately, the Government brought amendments to the Bill at Report Stage to incorporate the provisions of the Right to Request Remote Work Bill 2021 into this Bill.

Under the provisions of the Work Life Balance and Miscellaneous Provisions Bill 2022, as approved by the Dáil, all employees can make a request for remote work but the right to request flexible working only extends to parents and carers, as defined under the Directive. The Government has committed, however, to reviewing these provisions after two years to consider extending the right to request flexible working to all employees.

Question No. 297 answered with Question No. 296.

Equality Issues

Questions (298)

Mary Lou McDonald

Question:

298. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth when he will publish the study commissioned by him to evaluate the processes for implementation of three equality strategies, the National Strategy for Women and Girls as well as the Migrant Integration Strategy and the National Traveller and Roma Inclusion Strategy. [6077/23]

View answer

Written answers

The Programme for Government includes specific commitments that the Government will develop and implement a new Migrant Integration Strategy and a new National Strategy for Women and Girls, in addition to reviewing the National Traveller and Roma Inclusion Strategy and ensuring that the successor strategy has a stronger outcomes focused approach. While initially due to conclude in 2020, and 2021 in the case of the National Traveller and Roma Inclusion Strategy, these strategies were extended in recognition of the impact of the COVID-19 pandemic on their implementation.

My Department has commissioned a study to evaluate the processes for implementation of three equality strategies, the National Strategy for Women and Girls as well as the Migrant Integration Strategy and the National Traveller and Roma Inclusion Strategy. The study is expected to be published in early 2023, with work to build the new Strategies taking place thereafter. I will make this study available once it has been completed.

Consultations in regard to the successor strategy to the National Strategy for Women and Girls will then commence. In the interim, the principles and priorities of the National Strategy for Women and Girls will continue to guide my Department's work to advance equality in this area.

Departmental Funding

Questions (299)

Niamh Smyth

Question:

299. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth if he will address a matter (details supplied) regarding core funding; and if he will make a statement on the matter. [6078/23]

View answer

Written answers

My Department has published a list of qualifications that meet both regulatory and contractual requirements for working in early learning and care services. The list includes qualifications at levels 7 and 8 on the National Framework of Qualifications that meet the contractual requirements for graduate premium payments in Core Funding. Individuals who have relevant qualifications that are not on the published list can apply to my Department for assessment of their qualifications profile for equivalence with approved qualifications.

With regards to the individual mentioned in the Deputy's question, as a result of data protection requirements I cannot share information with a third party in relation to an individual’s application. I am, however, pleased to say that my officials have already processed the application for recognition of qualifications and have issued the appropriate documentation directly to the applicant.

International Protection

Questions (300)

Paul Murphy

Question:

300. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the position regarding his Department's recent communication on accommodation and support for refugees; the reason it discriminates between different refugees and specifically offers less support to international protection refugees; and if he will make a statement on the matter. [6082/23]

View answer

Written answers

The health and wellbeing of all people who avail of accommodation provided by my Department is of the highest priority to me and my officials.

There is no discrimination by the Department between the supports offered to international protection applicants (IPAs) and Beneficiaries of Temporary Protection (BOTPs) from Ukraine.

There are material differences between the rights and entitlements of IPAs and BOTPs as their rights are defined under two distinct EU Directives. 

Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 sets out the standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection. When a person asks for asylum at the border of a country, that country’s authorities must examine their application. Those seeking asylum in Ireland must make an application for international protection. While that claim is being examined by the International Protection Office, the International Protection Accommodation Service (IPAS) provides accommodation and related services to IPAs who wish to accept the offer of accommodation from the Irish State.

This offering includes food and utilities while the person is an IPA. Access to public medical services is provided and a weekly personal allowance is also paid to each person. In 2021 this was increased to €38.80 for adults and €29.80 for children.

After six months in Ireland, IPAs are eligible to work if they have not received a first instance decision on their application. IPAs are entitled to free legal aid to help them with their application and appeals, if necessary.  IPA children also have a right to access mainstream education.

The Temporary Protection Directive is an EU Directive that was introduced in 2001. The Directive created a special procedure to deal with a ‘mass influx’ of people in need of protection. The Directive was activated by the European Council for the first time in March 2022 in response to the war in Ukraine. 

Once the Directive is triggered, EU Member States must give anyone who benefits from temporary protection a residence permit while the temporary protection is in place. Formalities regarding visas and entry to the country must be kept to a minimum. People who have temporary protection must receive a document that clearly explains the provisions of temporary protection.

During the temporary protection period, EU member states must provide:

- Access to suitable accommodation;

- Access to social welfare and medical care;

- Access to education for children under 18;

- The legal right to access employment immediately on entry to the country;

- Adults are also allowed to take part in vocational training.

Notwithstanding the differences in entitlements set out in these Directives, my Department makes no distinction in terms of the standard of accommodation that it seeks for both beneficiaries of temporary protection and international protection applicants.   

Ukraine War

Questions (301)

Cathal Crowe

Question:

301. Deputy Cathal Crowe asked the Minister for Children, Equality, Disability, Integration and Youth for an update on an accommodation centre for Ukrainian refugees (detailed supplied); and if he will make a statement on the matter. [6090/23]

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Written answers

My Department is now accommodating in excess of 70,000 people, including both those fleeing the war in Ukraine and those seeking International Protection. We have contracted in excess of 42,000 beds to accommodate Beneficiaries of Temporary Protection (BOTPs) in more than 700 settings including hotels, guesthouses, B&Bs, hostels, commercial self-catering accommodation and certain other repurposed settings.

My Department is responsible for providing suitable short-term temporary accommodation to those fleeing the war in Ukraine. Decisions on awarding contracts to existing and new providers will be made in the context of the overall humanitarian situation in Ukraine, the projections in terms of likely arrivals given trends to date and the management of our accommodation needs as a whole given those factors. In that regard, it is therefore impossible to provide information related to individual contracts.

The Government decision of 28 October 2022 agreed that a move from an emergency response to a more mainstreamed approach is appropriate in light of the high numbers of arrivals, both those fleeing the conflict in Ukraine and those seeking asylum. The high level of demand requires us to maximise existing capacity, to bring greater consistency and to ensure equity for all who rely on State supports. This includes taking account of the level of income supports being provided by the State in addition to accommodation and access to a range of State services. The decision involved moving to a more standard offer of accommodation, with more Beneficiaries of Temporary Protection utilising existing state income supports or income from employment ]to pay for their own food and day-to-day expenses.

To give effect to the Government decision, my Department is in ongoing negotiations, as contracts expire, with a significant number of hotels who have previously been accommodating Beneficiaries of Temporary Protection (BOTPS) on a full board basis. At this time no provider has definitively indicated that they will not provide accommodation for BOTPs under the new contract, but negotiations are still ongoing.

I also wish to advise that, as part of the whole of Government response to the increased arrivals, the State is committed to delivering accommodation solutions beyond serviced accommodation. My Department is collaborating with the OPW in terms of implementing the rapid build homes programme. My Department is also working with the Department of Housing to deliver accommodation in certain refurbished buildings.

Beneficiaries of Temporary Protection are also entitled to make their own private arrangements and can avail of some supports to do so. In addition, beneficiaries may be able to avail of offers of pledge accommodation. Those wishing to avail of such accommodation should contact the Irish Red Cross and/or the Local Authority in that area.

I also wish to draw attention to the Government announcement regarding the new call for unoccupied houses. The campaign to assist those fleeing the war in Ukraine may be of interest in the context of the query and further information can be found at offerahome.ie/

Departmental Data

Questions (302)

Thomas Gould

Question:

302. Deputy Thomas Gould asked the Minister for Children, Equality, Disability, Integration and Youth the funding given to an organisation (details supplied) in Cork; and the number of stays utilised by survivors of institutional abuse since 2020, by year, in tabular form. [6154/23]

View answer

Written answers

My Department has not provided funding to the organisation named. As the organisation is an independent group I am unable to offer insight into the number of stays utilised by survivors of institutional abuse.

International Protection

Questions (303)

Aindrias Moynihan

Question:

303. Deputy Aindrias Moynihan asked the Minister for Children, Equality, Disability, Integration and Youth the strategies in place within his Department in engaging and communicating with local communities on buildings identified for temporary and permanent direct provision and Ukrainian accommodations; and if he will make a statement on the matter. [6159/23]

View answer

Written answers

My Department is now accommodating approximately 73,000 persons between those fleeing the war in Ukraine and those seeking international protection (IPAs).

While efforts are made to notify public representatives and State agencies in advance of utilising a building for accommodation of IPAs, the emergency nature of the response required means that advance communications are not always as comprehensive or as early as the Department would like.

Due to the sheer scale of the present crisis this inevitably means that emergency accommodation of those seeking refuge must be occupied on a faster timeline than would otherwise be the case.

Before the opening of any facility my Department engages with local representatives to provide information as soon as possible following the agreement of terms with contractors.

These constraints limit the time window for advance consultation, however, my Department are cognisant of these issues and are working towards improving advance communications for elected representatives, local authorities and local communities in this regard.

Regarding BOTP accommodation, my Department is regularly in contact and meets with local authorities under the aegis of the City and County Manager’s Association. My officials communicate and discuss accommodation requirements and local authorities have contributed greatly in assisting my Department provide emergency accommodation to those seeking shelter. My Department also engages regularly with key stakeholders in terms of assisting support provision through proving advance notice of relocations to various accommodation locations. This includes liaising with the Department of Social Protection, the Health Service Executive and An Garda Síochana.

The cross-Government response is being supported by the Community Response Forum, a local authority led programme providing assistance to those fleeing the war in Ukraine. The Forum includes representatives from volunteers, NGOs, the HSE and others at community level across the country who are contributing so much to welcoming and helping those arriving.

I and my officials have also met and briefed public representatives and local communities in respect of the implementation of the Rapid-Build Homes Programme and we will continue to do so as further sites come on-stream.

The standard of the response to this unprecedented humanitarian crisis has only been possible due to the remarkable contributions of communities’ right across the country. I and my Department will continue to work with stakeholders in assisting those fleeing the war as best we can.

Social Media

Questions (304)

Neasa Hourigan

Question:

304. Deputy Neasa Hourigan asked the Minister for Further and Higher Education, Research, Innovation and Science the percentage of social media videos posted on his Department's social media accounts or the social media accounts of public bodies and agencies that operate under the remit of his Department, that included closed captioning or subtitling and Irish sign language translations between 1 January 2022 and 31 December 2022, inclusive. [5571/23]

View answer

Written answers

37% of all social media videos posted on my department's social media accounts between 1 January 2022 and 31 December 2022 inclusive included closed captioning/subtitling. This represents 81% of the videos containing dialogue or narration. While Irish Sign Language (ISL) translation was not included with any of the posted videos, it is the practice of the Department to include closed captions in such videos to the greatest extent possible.

In addition to videos, my Department and the agencies operating within the Further and Higher educational sectors also provide a range of written material on websites and through information campaigns in other mediums.

The information in respect of the state bodies within the scope of the Deputy’s question, is not held by my Department.  Contact details for these bodies are set out in the attached document should the Deputy wish to contact them directly with her query.

AegisBodyContacts

Education Policy

Questions (305)

Richard Bruton

Question:

305. Deputy Richard Bruton asked the Minister for Further and Higher Education, Research, Innovation and Science if he has considered supports for persons to change career into a teaching role; if he will consider waiving the rules for grant aiding at a level of study previously undertaken, in view of the particular value of attracting people with wide career experience into teaching; and if he will indicate whether this issue arose in his consultation on the future of support for higher level education. [5630/23]

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Written answers

To satisfy the current terms and conditions of the Student Grant scheme, a student must be progressing in their studies.

In general, under the progression/previous academic attainment criteria of the Student Grant Scheme, students cannot qualify for grant assistance or free tuition fees for a second period of study at the same level or for a different course at the same level, irrespective of whether or not a grant or tuition fees were paid previously.

The main objective of this policy is to assist as many students as possible to obtain one qualification at each level of study. The Scheme operates in the context of competing educational priorities and limited public funding.

The Indecon Review of the Student Grant Scheme had some commentary regarding flexibility in the criteria for the student grant scheme in areas of critical skill shortage reflecting graduate entry routes, but did not make any recommendation in this regard.

I have consulted with my colleague, the Minister for Education, who has advised that the recruitment of teachers is a priority area of action for the Department of Education, given the importance of ensuring that every child's experience in school is positive and that they have available to them qualified, engaged and supportive teachers to support them in their learning. In 2018, the Department of Education established a Steering Group on Teacher Supply to facilitate multi-agency engagement and to lead on a coordinated programme of actions to support the supply of teachers. Arising from the work of this Group and its various substructures, the Teacher Supply Action Plan was published in November 2018. That Department is undertaking a comprehensive programme to support the supply of teachers. Officials engage closely with school management bodies and other education stakeholders to inform this work.

Teacher Training

Questions (306)

Michael Healy-Rae

Question:

306. Deputy Michael Healy-Rae asked the Minister for Further and Higher Education, Research, Innovation and Science the status of a training allowance for a person (details supplied); and if he will make a statement on the matter. [5965/23]

View answer

Written answers

From enquiries made by my officials with Kerry ETB, I understand that the individual concerned is enrolled on a course eligible for training allowances. To qualify for an allowance the learner must provide an F103 form from the Department of Social Protection confirming their entitlement to a qualifying social welfare payment. The individual  submitted a F103 form to Kerry ETB on 13th July 2022 which stated that their claim was “pending” and Kerry ETB understands that the outstanding claim is awaiting approval from DSP. A training allowance can only be paid by Kerry ETB once the DSP have confirmed the entitlement with a completed F103 form. 

Third Level Fees

Questions (307)

Robert Troy

Question:

307. Deputy Robert Troy asked the Minister for Further and Higher Education, Research, Innovation and Science if he will clarify whether students studying for a masters or postgraduate degree would qualify for the reduced fee contribution of €1,000. [6027/23]

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Written answers

In Budget 2023, I gave priority to introducing a significant package of measures that will see students and families directly benefit and will help them tackle the challenges posed by the increased cost of living.

The agreed cost of living package provided for adjustments to the level of funding available through existing supports provided by my Department, as once off measures, for the 2022/23 academic year and include a reduction of €1,000 in the student contribution rate payable by students eligible for free tuition fees under the Departments Free Fees schemes.

The once off reduction of €1,000 relates specifically to the student contribution payable by students eligible for free tuition fees under my Department's free fees schemes in academic year 22/23. Students undertaking postgraduate study do not pay a student contribution towards free fees and pay tuition fees as determined by the institution attended. In this regard changes to the student contribution payable by free fees eligible students cannot apply to postgraduate student tuition fees.

In terms of other supports, the main support available to postgraduate students is the statutory based Student Grant Scheme. The Student Grant Scheme, administered by SUSI, provides grant assistance to students pursuing an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means. Students can determine their eligibility at susi.ie/eligibility/income/.

As part of the cost of living measures in Budget 2023, postgraduate Students who meet the eligibility criteria for a Postgraduate Fee Contribution Grant received a once-off increase of €1,000 in the grant, which increased from €3,500 to €4,500. This measure excludes postgraduate students who receive the Special Rate of grant as they have their tuition fee contribution paid up to €6,270. For these postgraduate students, they received the once-off extra maintenance payment for all student maintenance grant recipients, paid in December 2022. In addition, the Postgraduate Fee Grant is set to increase by €500 on 2022 levels from €3,500 to €4,000 from the 2023/24 academic year.

Full time PhD students funded through an award by IRC or SFI received a once off increase in their stipend for 2022 of €500, and the same cohort will receive an increase of €500 to their stipend level for 2023.

I am conscious that not all students are eligible for free fees or student grants. For postgraduate students experiencing difficulties currently, there is a significant allocation to the Student Assistance Fund (SAF). The total allocation for the Student Assistance Fund for the 22/23 academic year will be over €20 million, which is the highest amount that has ever been provided under this fund. The SAF provides financial support to students who are experiencing financial difficulties while attending college and can provide assistance towards their rent, childcare costs, transport costs and books/class materials. It is open to both full and part-time registered students on courses of not less than one year's duration leading to an undergraduate or postgraduate qualification. Applications can be made under the SAF through the Access Office in a student’s third level institution.

Third Level Education

Questions (308)

Éamon Ó Cuív

Question:

308. Deputy Éamon Ó Cuív asked the Minister for Further and Higher Education, Research, Innovation and Science when the national roll-out of free period products will be completed in all tertiary education and training centres; and if he will make a statement on the matter. [6106/23]

View answer

Written answers

The Programme for Government (PFG) includes the commitment to ‘provide a range of free, adequate, safe, and suitable period products in all educational publicly-funded settings (including schools, colleges and HEIs), to ensure that no students are disadvantaged in their education by period poverty.’

The Government has also taken the decision to support the Private Members’ Bill, the Free Provision of Period Products Bill, 2021 (Bill 4) which seeks to make period products freely available to all those who need them.  It has also been  agreed that the recommendations of the 2021 Discussion Paper on Period Poverty in Ireland will be taken into account in the development of the Bill.

To co-ordinate all of the work here, an implementation group, led by the Department of Health has been established. My Department is represented on this group and is engaging with it to determine how best these commitments will be taken forward in the context of schools and to ensure no students are disadvantaged in their education by period poverty as we have committed in the Programme for Government.

Domestic Violence

Questions (309)

Charles Flanagan

Question:

309. Deputy Charles Flanagan asked the Minister for Justice the current situation regarding the provision of a domestic violence refuge in County Laois; and if he will make a statement on the matter. [5792/23]

View answer

Written answers

As the Deputy will be aware, in June of last year Government launched Zero Tolerance, the third national strategy on domestic, sexual and gender based violence.In line with the priority which we are attaching to tackling domestic, sexual and gender based violence, we will double the number of refuge spaces over the lifetime of the strategy, bringing it to 280. This will be the fastest ever expansion of refuge spaces.

The government has agreed to prioritise the delivery of 98 refuge spaces in Sligo, Cavan/Monaghan, Cork City, North Cork, West Cork, Dún Laoghaire-Rathdown, Westmeath, Portlaoise, Balbriggan Longford, Carlow and Offaly. In the initial phase of this work, we expect to have delivered 24 places in Wexford, Dundalk and Navan in 2024.

This Strategy also sets a target to increase the number of Safe Homes. In 2022, an additional 12 Safe Homes were put in place with a further increase from 32 to 50 expected by the end of 2023.In addition, and by putting in place the correct structures to deliver additional refuge accommodation, we will accelerate the number of refuge spaces that can be opened each year. Already work undertaken implementing the Strategy has prepared the way for this, including through the development of agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way and the allocation of a very significant increase in funding under Budget 2023.

As the Deputy will also be aware, a new statutory Domestic, Sexual and Gender Based Violence agency, under the aegis of the Department of Justice, is being established. The agency will ensure a permanent and dedicated focus on implementation and supports for Government and the sector in our work to combat DSGBV and support victims of these horrific crime.The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue.

Pending establishment of the Agency, responsibility for DSGBV services continues to be channelled through Tusla and as such I have referred the specific question posed by the Deputy to Tusla for direct reply.

Domestic Violence

Questions (310)

Charles Flanagan

Question:

310. Deputy Charles Flanagan asked the Minister for Justice the current situation regarding the provision of a domestic violence refuge in County Offaly; and if he will make a statement on the matter. [5793/23]

View answer

Written answers

As the Deputy will be aware, in June of last year Government launched Zero Tolerance, the third national strategy on domestic, sexual and gender based violence. In line with the priority which we are attaching to tackling domestic, sexual and gender based violence, we will double the number of refuge spaces over the lifetime of the strategy, bringing it to 280. This will be the fastest ever expansion of refuge spaces.

The government has agreed to prioritise the delivery of 98 refuge spaces in Sligo, Cavan/Monaghan, Cork City, North Cork, West Cork, Dún Laoghaire-Rathdown, Westmeath, Portlaoise, Balbriggan Longford, Carlow and Offaly. In the initial phase of this work, we expect to have delivered 24 places in Wexford, Dundalk and Navan in 2024.

This Strategy also sets a target to increase the number of Safe Homes. In 2022, an additional 12 Safe Homes were put in place with a further increase from 32 to 50 expected by the end of 2023. In addition, and by putting in place the correct structures to deliver additional refuge accommodation, we will accelerate the number of refuge spaces that can be opened each year.

Already work undertaken implementing the Strategy has prepared the way for this, including through the development of agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way and the allocation of a very significant increase in funding under Budget 2023.

As the Deputy will also be aware, a new statutory Domestic, Sexual and Gender Based Violence agency, under the aegis of the Department of Justice, is being established. The agency will ensure a permanent and dedicated focus on implementation and supports for Government and the sector in our work to combat DSGBV and support victims of these horrific crime. The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue.

Pending establishment of the Agency, responsibility for DSGBV services continues to be channelled through Tusla and as such I have referred the specific question posed by the Deputy to Tusla for direct reply.

Social Media

Questions (311)

Neasa Hourigan

Question:

311. Deputy Neasa Hourigan asked the Minister for Justice the percentage of social media videos posted on his Department's social media accounts or the social media accounts of public bodies and agencies that operate under the remit of his Department, that included closed captioning or subtitling and Irish sign language translations between 1 January 2022 and 31 December 2022, inclusive. [5574/23]

View answer

Written answers

There was a total of 1,451 posts across my Department's social media platforms between 1 January and 31 December 2022. Of these, 594 (41%) contained video in some format. 93% of these videos contained text-based content and/or captioning/subtitles.

The social platforms in use by my Department during this period were Twitter, Instagram, Facebook and LinkedIn.

I have sought the information requested by the Deputy from the bodies and agencies under my remit and the details are outlined as follows.

An Garda Síochána

An Garda Síochána produced a total of 61 videos that were published simultaneously on their social media channels (Twitter, Facebook, Instagram and YouTube). Of these, 81% contained closed captioning/subtitling and/or Irish Sign Language translations broken down as follows:

- 55 pre-recorded videos were published simultaneously across Twitter, Facebook, Instagram and YouTube. Of these, 46 contained closed captioning/subtitling and or Irish Sign Language translations.

- A total of six events were streamed live to Garda Facebook and YouTube channels. Of these, three contained live Irish Sign Language translations.

Garda Síochána Inspectorate

A Report of the Garda Síochána Inspectorate, Delivering Custody Services A Rights-Based Review of the Treatment, Safety and Wellbeing of Persons in Custody in Garda Síochána Stations was published in February 2022 and a video of Deputy Chief Inspector Pauline Shields discussing the report was posted on social media using closed captions. This was the only video posted on the Inspectorate’s social media account in the timeframe in question.

Courts Service

I am informed that none of the Courts Service social media videos included closed captioning/subtitling and Irish sign language translations in the specified period.

Data Protection Commission

Only one video posted on the Data Protection Commission’s social media accounts in the time period specified contained audio, and this did not have closed captioning/subtitling or Irish sign language translations.

Legislative Measures

Questions (312)

Paul Murphy

Question:

312. Deputy Paul Murphy asked the Minister for Justice the laws and regulations, if any, that exist to ensure that weapons must be disarmed within a certain distance from the public; and if he will make a statement on the matter. [5600/23]

View answer

Written answers

I am assuming that the Deputy is referring to whether or not there are laws or regulations in place to ensure firearms must not be used or discharged within a certain distance from the public.

On that basis, I can advise the Deputy that section 8 of the Firearms and Offensive Weapons Act 1990 provides for an offence of reckless discharge of a firearm. A person who discharges a firearm being reckless as to whether any person will be injured or not, is guilty of an offence, whether any such injury is caused or not, and is liable -

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 7 years or to both.

The maximum penalties on summary conviction and conviction on indictment under this provision were amended by section 64 of the Criminal Justice Act 2006. The maximum fine on summary conviction was increased from €1,270 to €5,000 and the maximum term of imprisonment on conviction on indictment was increased from 5 years to 7 years.

The Deputy may also wish to note that all individuals authorised to possess, use or carry any firearm under firearms legislation must at all times act in a responsible manner and fully comply with any conditions attached to the grant of a firearm certificate.

Section 3A of the Firearms Act 1925 provides for the issuance of guidelines from time to time on the practical application and operation of any provisions of firearms legislation. The Garda Commissioner issued the most recent version of the guidelines in 2018 and these can be viewed on the Garda Síochána website, www.garda.ie

An Garda Síochána

Questions (313)

Aengus Ó Snodaigh

Question:

313. Deputy Aengus Ó Snodaigh asked the Minister for Justice if Ballyfermot, Crumlin, Kilmainham, Sundrive, Terenure and Kevin Street Garda stations are to be included in the Garda Capital Investment Plan 2022 – 2030. [5679/23]

View answer

Written answers

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 Garda estate. Matters in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW.

There is ongoing engagement between OPW, An Garda Síochána and my Department in respect of a new Garda Capital Investment Plan 2023-2030, which is due to be finalised shortly.

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