James Lawless
Ceist:325. Deputy James Lawless asked the Minister for Social Protection if she will examine a matter (details supplied); and if she will make a statement on the matter. [10668/22]
Amharc ar fhreagraSocial Welfare Benefits
Ceisteanna (325)
Freagraí scríofa
Child Benefit is a monthly payment to the parents or guardians of children under 16 years of age. Child Benefit can also be claimed for children aged 16 and 17, if they are in full-time education or full-time training or have a disability and cannot support themselves.
An application for Child Benefit was received from the person concerned on 28th October 2021 and has been awarded with effect from 1st November 2021, the month following receipt of the claim.
Social Welfare legislation provides that Child Benefit claims should be submitted within 12 months of eligibility commencing. In the circumstances of this application, eligibility commenced from August 2017 when the family entered the state.
Legislation further provides that Child Benefit payment may be backdated where the applicant can show that there was good cause for the failure to claim earlier. Lack of knowledge of the Child Benefit scheme or the eligibility criteria pertaining to the payment is not in itself considered good cause for the delay in making a claim.
In the case of the person concerned, they advised that they were not initially aware of the benefit and that the pandemic made it difficult to gather the required documentation. They advised that they became aware of the benefit just prior to the pandemic.
Department records show that the person concerned was aware of the Child Benefit scheme at time of application for their PPS number on 31/10/2017. The deciding officer found that the person concerned had not shown that there was good cause for the delay in making their claim, as the person concerned did not apply for Child Benefit within the prescribed time. The claim has been awarded from the 1st day of the month following that in which the claim was made in accordance with the relevant legislation.
The person concerned was notified of this decision and advised of their right of appeal.
I trust this clarifies the position for the Deputy.
Social Welfare Payments
Ceisteanna (326)
Gary Gannon
Ceist:326. Deputy Gary Gannon asked the Minister for Social Protection the number of applications made to the exceptional needs payment; and the number awarded in each of the years 2018 to 2021. [10700/22]
Amharc ar fhreagraFreagraí scríofa
Under the Supplementary Welfare Allowance (SWA) scheme, my Department can make a single Exceptional Needs Payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of their weekly income. An urgent needs payment (UNP) may be made to persons who may not normally qualify for supplementary welfare allowance but who have an urgent need which they cannot meet from their own resources or where an alternative is not available at that time. Government has provided €45.75 million for the exceptional and urgent needs schemes in 2022.
The scheme is demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.
The number of ENP and UNPs issued in the years 2018-2021 is set out in the table below.
|
Year |
Number of Payments |
|
2018 |
112,500 |
|
2019 |
92,200 |
|
2020 |
67,600 |
|
2021 |
55,500 |
My Department is currently compiling more extensive statistics in relation the number of applications made to the ENP/UNP schemes, and will revert to the Deputy as soon as possible.
The reduction in demand for exceptional needs payments in 2020 and 2021 most likely reflects the extensive support provided by the Government during the pandemic, including €9.1bn in PUP payments and €236m in Enhanced Illness Benefit payments. Analysis conducted by the ESRI in 2021 has shown that the pandemic supports provided by the Government were effective in mitigating the poverty impacts for those with low incomes. The reduction in demand for ENPs is consistent with the ESRI analysis.
I would encourage any person who considers they may have an entitlement to an exceptional or urgent needs payment to contact their local Intreo Centre. There is a national Income Support Helpline in place - 0818-800024 - which will direct callers to the appropriate office.
I trust this clarifies the matter for the Deputy.
Social Welfare Payments
Ceisteanna (327)
Gary Gannon
Ceist:327. Deputy Gary Gannon asked the Minister for Social Protection the number of letters issued from her Department to one-parent family payment claimants requesting proof of efforts from the liable relatives to seek maintenance in each of the years 2018 to 2021. [10702/22]
Amharc ar fhreagraFreagraí scríofa
The Department does not specifically contact One Parent Family claimants to request proof of efforts to seek maintenance from liable relatives.
As part of the application process, the Department does seek details of the liable relative and asks if the customer is pursuing any efforts to secure maintenance. The customer's responses to these questions are generally accepted.
I trust this clarifies the position.
Social Welfare Payments
Ceisteanna (328)
Gary Gannon
Ceist:328. Deputy Gary Gannon asked the Minister for Social Protection the number of one-parent family payment claimants who were exempt from efforts to seek maintenance conditions due to domestic abuse and risk from a former partner. [10703/22]
Amharc ar fhreagraFreagraí scríofa
The issue of family maintenance payments is first and foremost a private matter for the people concerned.
Social Welfare legislation provides that some or all of the cost of One-Parent Family (OFP) payments are recovered. In every case where OFP is awarded, the Department seeks to trace the other parent (liable relative) in order to ascertain whether they are in a financial position to contribute towards the cost of the OFP. Liable relatives are advised that they can meet their liability by making payments directly to the Department or to the OFP recipient.
The methods of assessment of the liable relative's ability to pay are specified in detail in regulations S.I. 571 of 2006 and S.I. 142 of 2007, as amended.
In 2021, Liable Relatives Unit were made aware of 418 cases where a Barring Order/risk of domestic abuse existed. In these case’s the Liable Relative was not contacted to contribute towards the cost of the OFP.
I trust that this clarifies matters for the Deputy.
Rights of People with Disabilities
Ceisteanna (329)
David Cullinane
Ceist:329. Deputy David Cullinane asked the Minister for Children, Equality, Disability, Integration and Youth the rights of children with disabilities in Ireland set out under the United Nations Convention on the Rights of the Child; and if he will make a statement on the matter. [10715/22]
Amharc ar fhreagraFreagraí scríofa
The UNCRC is informed by four core principles: non-discrimination; the best interests of the child; the right to life, survival and development and respect for the views of the child with Article 23 focussing on children with a disability. Ireland ratified the United Nations Convention on the Rights of the Child in 1992 and is required to submit regular state reports on measures taken to give effect to the Convention.
Ireland’s combined Fifth and Sixth State Report was formally submitted to the UN Committee on the Rights of the Child on 15 February 2022. The report outlines what Ireland is doing to protect and enhance the rights of children since the previous UNCRC report in 2016. The Report is written in response to a List of Issues Report provided by the UN Committee on the Rights of the Child and includes a section specifically focussed on Article 23 and the rights of children with disabilities.
Better Outcomes, Brighter Futures: the National Policy Framework for Children and Young People expired at the end of 2020. My Department is currently in the process of developing a successor framework for children and young people, aged 0-24, which will cover the period 2023-2028. This new framework will focus strongly on realising children’s rights, and particularly on the UN Convention on the Rights of the Child.
You will be aware that the intention to transfer policy, functions and funding responsibility for specialist community-based disability services (CBDS) from the Minister for Health to the Minister for Children, Equality, Disability, Integration and Youth was announced by the Taoiseach on 27 June 2020. Both my Department and the Department of Health continue to prioritise the work involved in completing this transfer and significant progress has been made.
Departmental Meetings
Ceisteanna (330)
Carol Nolan
Ceist:330. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth the number of engagements, including online meetings, webinars, briefings and in-person meetings he or officials from his Department have had with the National Women's Council of Ireland from 1 January 2019 to date; and if he will make a statement on the matter. [10571/22]
Amharc ar fhreagraFreagraí scríofa
I can confirm to the Deputy that either an official from my Department or I have met with the National Women’s Council of Ireland on 28 occasions since the establishment of the Department in June 2020.
These meetings took place either by video conference, teleconference or webinar.
Departmental Meetings
Ceisteanna (331)
Carol Nolan
Ceist:331. Deputy Carol Nolan asked the Minister for Further and Higher Education, Research, Innovation and Science the number of engagements, including online meetings, webinars, briefings and in-person meetings he or officials from his Department have had with the National Women's Council of Ireland from 1 January 2019 to date; and if he will make a statement on the matter. [10578/22]
Amharc ar fhreagraFreagraí scríofa
I and my officials meet periodically with the National Women's Council of Ireland (NWCI). This is solely in relation to specific projects related to ending sexual violence and harassment in third level education. Details of every engagement since 2019 is not available.
My Department provides some funding to the NWCI to support its work regarding Ending Sexual Violence and Harassment in Third Level Education (ESHTE). There is ongoing engagement with the NWCI in respect of this work. The NWCI also sits on a number of working groups in this area alongside officials from my Department.
NWCI’s focus in this work has been on continuing to build and enhance relationships across Higher Education Institutions (HEIs), Student Unions and specialist support agencies, and other relevant agencies though the National Advisory Committee (NAC) to support the national goals of the Safe Respectful, Supportive and Positive: Ending Sexual Violence and Harassment in Higher Education Institutes Framework (SRSP Framework). They also campaign to create zero tolerance campuses through the It Stops Now campaign.
The work in which I engage with the NWCI complements the work carried out by my officials in the Equality, Diversity and Inclusion Unit of my Department and the work of the Higher Education Authority’s Centre for Excellence for Equality, Diversity and Inclusion.
Visa Applications
Ceisteanna (332)
James Lawless
Ceist:332. Deputy James Lawless asked the Minister for Justice the status of travel visa applications (details supplied); and if she will make a statement on the matter. [10543/22]
Amharc ar fhreagraFreagraí scríofa
Following full consideration by a Visa Officer, both visa applications referred to by the Deputy were refused. The letters issued to the applicants on 28 October 2021 and 1 November 2021 outline the reasons for the refusals.
There is an appeals process, which is free of charge, to allow applicants to address the factors which gave rise to that decision. Appeals were lodged in respect of these applications on 9 December 2021 and 23 December 2021.
Both visa applications have been re-examined by a Visa Appeals Officer in my Department. Taking all the documentation and information submitted with the original application and the appeal into consideration, these appeals have not been successful and the original decision to refuse the applications has been upheld. The reasons for the refusal of the appeals are outlined in the refusal letters of 31 January 2022 and 17 February 2022.
All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on my Department's website at: www.irishimmigration.ie. Applicants that follow these guidelines have an improved prospect of receiving a positive decision at first instance.
Anyone who has been refused a visa and wishes to make another application at a future point, will have their application assessed on its own merits taking all relevant information into consideration at that time. Their prior immigration history is a matter of record but does not preclude them from seeking a visa in the future.
It should also be noted that the granting of an employment permit by the Department of Enterprise, Trade and Employment, has no bearing on whether a visa will subsequently be granted. There are two very distinct application procedures with different checks and procedures in place in each Department.
Public Procurement Contracts
Ceisteanna (333)
Dara Calleary
Ceist:333. Deputy Dara Calleary asked the Minister for Justice the actions she has taken in relation to reports that a significant supplier of product to An Garda Síochána and the Irish Prison Service made a tax settlement with the Revenue Commissioners; if all suppliers of services to her Department and to agencies under her remit require an up-to-date tax clearance certificate, possess an up-to-date-tax clearance certificate and had an up-to-date-tax clearance certificate at all times of their contract; and if she will make a statement on the matter. [10546/22]
Amharc ar fhreagraFreagraí scríofa
It has been confirmed to me that under procurement procedures, the taxable status of the successful tenderer is confirmed at contract award stage. I can also confirm that my Department requires the successful tenderer to supply its Tax Clearance Access Number and Tax Reference Number to facilitate online verification of their tax status before they can be set up as a supplier on the Department’s financial management system. Once set up, all payments to suppliers providing goods or services to my Department or its agencies, processed through the Department's Financial Shared Services Centre, are subject to ongoing electronic tax clearance verification against Revenue’s on-line system. No payments greater than €10,000 are made to suppliers without a valid tax clearance certificate. In the event that a supplier reaches the €10,000 annual threshold and has not the requisite tax clearance from Revenue, payment is withheld until such verification is electronically updated by Revenue. The issue of tax settlements is directly between the Revenue Commissioners and individual suppliers.
Naturalisation Applications
Ceisteanna (334)
Bernard Durkan
Ceist:334. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in determination of application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [10559/22]
Amharc ar fhreagraFreagraí scríofa
A certificate of naturalisation issued to the person referred to by the Deputy on 21 December 2021. A letter also issued to their legal representative on the same day, advising of this. My Department has no record of the certificate being returned undelivered.
If they have not received their certificate of naturalisation they should contact the Citizenship Division of my Department immediately by email to: citizenshipinfo@justice.ie or by post to: Citizenship Division Immigration Service Delivery, Department of Justice, Rosanna Road, Tipperary Town, E34 N566, Ireland.
Departmental Meetings
Ceisteanna (335)
Carol Nolan
Ceist:335. Deputy Carol Nolan asked the Minister for Justice the number of engagements, including online meetings, webinars, briefings and in-person meetings she or officials from her Department have had with the National Women's Council of Ireland from 1 January 2019 to date; and if she will make a statement on the matter. [10581/22]
Amharc ar fhreagraFreagraí scríofa
I met with the National Women’s Council of Ireland (NWCI) on 21 July 2020, where I was briefed on the work and priorities of NWCI and in particular, on matters in relation to violence against women and girls, and women and leadership across the Justice sector. I met with the NWCI again at the National Observatory on Violence Against Women and Girls Webinar on 10 December 2021.
Minister Humphreys met with NWCI during the All-island Women's Forum Webinar on 30 September 2021 and I am informed that the former Secretary General met with the NWCI on the 22 August 2019.
My Department partnered with the NWCI and Safe Ireland in the development of the next National Strategy on Sexual, Domestic and Gender-Based Violence (DSGBV). An Executive Committee, consisting of a representative of my Department, NWCI and Safe Ireland, and two consultants engaged to assist with the work, has met fortnightly since mid-2021 to date to oversee the development of the Strategy.
The NWCI has also participated in a range of meetings convened by my Department to monitor implementation of the current DSGBV Strategy and to progress Supporting a Victim’s Journey (the O’Malley Implementation plan), for which a number of subgroups have been established to address specific tasks. They are also members of the advisory group aligned to current DSGBV awareness campaigns and were involved, along with other DSGBV NGOs, in the development of the Still Here campaign in partnership with the Department.
Legislative Reviews
Ceisteanna (336)
Neasa Hourigan
Ceist:336. Deputy Neasa Hourigan asked the Minister for Justice the status of the review into the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016; if her Department has considered drug offences in relation to this review; and if she will make a statement on the matter. [10616/22]
Amharc ar fhreagraFreagraí scríofa
The Deputy will be aware that the Government commits in the Programme for Government to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent. As part of this review process, a public consultation on spent convictions was launched in October 2020. I can confirm that certain offences relating to the personal possession of illegal drugs were considered as part of the review.
Based on the outcome of that consultation and other submissions received, as well as discussions with Senator Ruane in the context of her Criminal Justice (Rehabilitative Periods) Bill 2018, the Department is continuing work on identifying and assessing the possible implications of amending the 2016 Act so that the fairest possible outcomes can be achieved for the public. This matter remains under consideration at this time.
Immigration Status
Ceisteanna (337)
Bernard Durkan
Ceist:337. Deputy Bernard J. Durkan asked the Minister for Justice when naturalisation will be approved in the case of a person (details supplied); if stamp 4 will be renewed as a first stage towards naturalisation; and if she will make a statement on the matter. [10785/22]
Amharc ar fhreagraFreagraí scríofa
The person referred to by the Deputy was the holder of a valid immigration permission in the State until 21 October 2016. My Department wrote to the person concerned on 25 October 2016 and again on 1 September 2020 advising that all applications for permission to remain in the State on the basis of parentage of an Irish citizen child from a non-EEA parent must be submitted using the Irish citizen child application form. No such application has been received to date by my Department.
It remains open to them to submit an Irish citizen child application and to regularise their immigration permission in the State. The application form is available on my Department's website at: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/the-parent-of-an-irish-citizen-child/.
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 INISOireachtasMail@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.
Antisocial Behaviour
Ceisteanna (338)
Brendan Griffin
Ceist:338. Deputy Brendan Griffin asked the Minister for Justice the maximum periods of detention currently permissible to gardaí in respect of individuals involved in serious antisocial behaviour and public order offences; and if she will make a statement on the matter. [10829/22]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, the Government is committed to tackling anti-social behaviour and ensuring that people both feel safe and are safe in their communities.
In line with a commitment in the Programme for Government, I have established an Expert Forum on Anti-Social Behaviour. The Forum is examining a broad range of issues with a focus on developing measures which will counteract the negative impact of anti-social behaviour on community morale and quality of life. This has included two subgroups established to consider the specific issues of knife crime and the misuse of scramblers and quadbikes. Other subgroups may be established to tackle additional specific issues as required.
As the Deputy will appreciate, in the absence of the identification of specific offences or the circumstances in which such offending occurs, it is not possible to provide a definitive answer to the question posed.
The primary legislation that provides for antisocial behaviour and public order offences is contained in the Criminal Justice (Public Order) Act 1994, as amended. Many of the offences specified in that Act are “Summary Offences” and, while a person may be arrested in certain circumstances, there would not be a provision that permits detention for questioning of the person arrested.
Section 3 of the Criminal Justice Act 2017 amended the Criminal Justice (Public Order) Act 1994 by inserting Section 4A. This provided that where a person is arrested for offences under Section 24 of the Criminal Justice (Public Order) Act 1994, or for common law breach of the peace, that person may be detained in custody for such periods not exceeding 6 hours if the member of An Garda Síochána for the time being in charge of the Garda station is of the opinion that the person is intoxicated to such an extent as would give rise to reasonable apprehension that the person might endanger himself or herself, or other persons. A person so detained cannot be questioned during this period, it is a detention for their own safety and the safety of others.
Certain offences under the Criminal Justice (Public Order) Act 1994 are deemed “Indictable Offences”. If the penalty on conviction for such offence is one that carries 5 years or more of imprisonment, then it also qualifies as an “Arrestable Offence”. Examples under the Act are the offences of Riot as contrary to Section 14, Violent Disorder as contrary to Section 15, and Affray as contrary to Section 16. Where a person has been arrested for those offences, and where certain circumstances arise, that person can be considered for detention and questioning under the provisions of the Criminal Justice Act 1984 as amended. Whether a person is so detained will rest on a number of factors to be considered by a member of An Garda Síochána referred to as the “member in charge”.
Under current legislation, the total period for which a person may be detained under Section 4 of the 1984 Act is 24 hours. Detention for the full 24 hour period will be subject to assessment at 6 and 12 hours, and will only arise if continued detention is required for the full and proper investigation of the offence among other considerations.
The periods of detention referenced above are set out in the table below for ease of reference.
|
Section 4 – Sanctioned by |
Detention Period |
|
Member In Charge |
6 Hours |
|
Superintendent |
6 Hours |
|
Chief Superintendent |
12 Hours |
|
Total |
24 Hours |
The Deputy will appreciate that detention is a highly regulated process and that significant measures exist to protect the individual rights of a person so detained.
Sentencing Policy
Ceisteanna (339)
Brendan Griffin
Ceist:339. Deputy Brendan Griffin asked the Minister for Justice her plans to update legislation to increase the maximum possible sentence for crimes such as knife crime, serious assault and grievous bodily harm; and if she will make a statement on the matter. [10830/22]
Amharc ar fhreagraFreagraí scríofa
I condemn the recent incidents that have occurred around the country in the strongest possible terms. My thoughts are with the victims of these attacks.
As the Deputy will appreciate, sentencing is a matter solely within the discretion of the trial judge, having regard to the circumstances of the case and of the accused and subject to any limits as may be prescribed by law for a particular offence. The court is required to impose a sentence which is proportionate not only to the crime but also to the individual offender; in that process, identifying where on the sentencing range the particular case should lie, and then applying any mitigating factors.
The Deputy may be aware that the Judicial Council, which was established on 17 December 2019, is an independent body made up of all of the judges in Ireland. The Council constitutes a separate and independent branch of Government. The Council has established a Sentencing Guidelines and Information Committee which includes 5 lay people.
The Committee is focused on:
- promoting consistency in sentences imposed by the courts;
- the impact of sentencing decisions on victims;
- the need to promote public confidence in the criminal justice system;
- the relative effectiveness of them in preventing reoffending.
I understand that the Council has initiated a review of all sentencing guidelines under the Judicial Council Act 2019 and that information relating to this review is available on the Council's website at www.judicialcouncil.ie.
As the Deputy will be aware, there is a comprehensive and robust legal framework in place in Ireland with respect to knife crime, including heavy penalties for breaches of the laws concerned. Indeed, the maximum penalty in the Firearms and Offensive Weapons Act 1990 for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years in an amendment introduced via the Criminal Justice (Miscellaneous Provisions) Act 2009.
Legislative responses alone will not provide a ready solution and evidence from other jurisdictions indicate that simply adopting harsher penalties will not lead to a reduction in the incidence of these crimes. Our existing five-year sentence for knife possession is longer than in the UK, for example, where a four-year penalty applies. It is important to note that there are no quick-fix solutions, based on international experience, and longer term, evidence-based strategies are needed. The issue of knife crime is currently being examined by a subgroup of the Antisocial Behaviour Forum, which is assessing available evidence to inform both legislation and community safety policies, programmes and practices with regard to the issue. The work of this subgroup is ongoing and is expected to conclude in Q1 2022.
While the specific offences of 'serious assault' and 'grievous bodily harm' are not listed in the Non-Fatal Offences Against the Person Act, (1997), the Deputy may wish to note that the Act provides for the following:
- A fine and/or in imprisonment for up to 6 months for persons convicted of assault.
- An unlimited fine and/or imprisonment for up to 5 years for persons convicted of assault causing harm.
- An unlimited fine and/or a period of life imprisonment for persons convicted of causing serious harm.