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Gnáthamharc

Tuesday, 9 Apr 2024

Written Answers Nos. 802-826

State Pensions

Ceisteanna (802)

James Lawless

Ceist:

802. Deputy James Lawless asked the Minister for Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [15051/24]

Amharc ar fhreagra

Freagraí scríofa

The person concerned reached 66 years of age on 11 June 2015.

Following the Government Decision in 2018 to introduce a Total Contributions Approach (TCA) to the calculation of State Pension (contributory), pensioners who reached pension age from September 2012 (i.e., those born on or after 1 September 1946) had their pension reviewed using this method of calculation.

The pension entitlement of the person concerned was reviewed. The pension rate payable from 30 March 2018 increased from 85.11% to 90.43% of the maximum rate state pension (contributory). This pension, currently paid at the weekly rate of €250.80, is the most financially beneficial rate of state pension (contributory) commensurate with the person's social insurance record.

I have arranged for a copy of their record to issue. If the person concerned considers that they have additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence to my Department and their pension entitlement can be reviewed.

It is also open to the person concerned to apply for the state pension (non-contributory) which is a means-tested, residency-based payment for people of pension age. The maximum personal weekly rate is €266.00 which is approximately 96% of the maximum rate of contributory pension. I have also arranged for an application form to issue to the person.

I hope this clarifies the position for the Deputy.

Social Welfare Code

Ceisteanna (803)

Danny Healy-Rae

Ceist:

803. Deputy Danny Healy-Rae asked the Minister for Social Protection for an update on a matter (details supplied); and if she will make a statement on the matter. [15170/24]

Amharc ar fhreagra

Freagraí scríofa

Domiciliary Care Allowance is a monthly payment to a parent or guardian for a child aged up to 16 who has a severe disability and requires care and attention substantially over and above that required by other children their age.  It ceases to be payable when a child reaches 16 years of age.  The young person can then apply for Disability Allowance if they meet the eligibility requirements.

Disability Allowance is a long-term disability payment which is subject to a means test, medical assessment, and a habitual residency requirement.  Parents’ income is not considered in the means test for Disability Allowance.

The Government committed as part of the Roadmap for Social Inclusion to develop and consult on proposals to restructure long-term disability payments and to simplify the system.  The proposals developed are set out in the Green Paper on Disability Reform that was published in September 2023. 

One of the Green Paper’s proposals is to extend Domiciliary Care Allowance to age 18.  This recognises that young people aged 16 and 17 are usually still in the care of their parents and guardians.

In line with this change, the Green Paper proposes to raise the qualifying age for Disability Allowance to 18.  This would bring it in line with the other long-term disability payments and all working age payments in the Irish social welfare system.

The reconfiguration of Disability Allowance and Domiciliary Care Allowance has been highlighted in a wide range of reports going as far back as the Report of the Commission on Social Welfare in 1986, and more recently, in the Make Work Pay report in 2017.

The consultation period for the Green Paper on Disability Reform has been extended to 31 July 2024.  I encourage anybody who has an interest in the age limit for Domiciliary Care Allowance payment or in any of the other disability income supports to make a submission to the consultation. 

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (804)

Niall Collins

Ceist:

804. Deputy Niall Collins asked the Minister for Social Protection if grant assistance is available for a club (details supplied) to provide worker accommodation; and if she will make a statement on the matter. [15203/24]

Amharc ar fhreagra
Awaiting reply from Department.

Social Welfare Appeals

Ceisteanna (805)

Violet-Anne Wynne

Ceist:

805. Deputy Violet-Anne Wynne asked the Minister for Social Protection the status of an appeal to her Department (details supplied); and if she will make a statement on the matter. [15261/24]

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 26th 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.

When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Insurance

Ceisteanna (806)

Aengus Ó Snodaigh

Ceist:

806. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the options available for self-employed persons paying a PRSI S Stamp but with underlying health issues for which insurance companies will not issue with income protection cover, meaning they have no sick pay cover in event of illness; and if she will make a statement on the matter. [15288/24]

Amharc ar fhreagra

Freagraí scríofa

Invalidity pension is a long-term income support payable to an insured person who satisfies certain PRSI contribution conditions and who is permanently incapable of work due to an illness or incapacity. Access to invalidity pension is available to class S self-employed contributors to protect them in the event of long-term injury or disablement.

Illness Benefit is the primary short term income support provided by my Department to those who are unable to work due to illness of any type and who are covered by social insurance.

Eligibility for illness benefit depends on the person’s PRSI record and class. People must have made the required number of contributions under class A, E, H or P to qualify.

In general, self-employed people make PRSI contributions at class S which does not count towards eligibility for illness benefit. However, self-employed contributors who cannot work due to an illness or a disability may apply for invalidity pension (as mentioned previously) or disability allowance (a means-tested social assistance payment).

Illness benefit is funded by the Social Insurance Fund through PRSI contributions. The Fund is central to our social protection system and the Government needs to ensure that it can provide adequate and sustainable social insurance pensions and benefits for a growing and ageing population.

Self-employed people pay contributions to the Fund at a lower rate of 4%. This is over 11 percentage points lower than the combined employer and employee contribution of 15.05% made in respect of employed contributors. However, self-employed contributors do have access to over 90% of benefits available from the Fund:

These are:

• Adoptive Benefit;

• Guardian's Payment (Contributory);

• Invalidity Pension;

• Jobseeker's Benefit (Self-Employed);

• Maternity Benefit;

• Parent's Benefit;

• Partial Capacity Benefit (where in receipt of Invalidity Pension);

• Paternity Benefit;

• State Pension (Contributory);

• Benefit Payment for 65 Year Olds;

• Treatment Benefit; and

• Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension.

The only benefits that class S PRSI do not provide access to are carer's benefit, health and safety benefit, illness benefit, and occupational injuries benefit.

In circumstances where people are ill but do not qualify for illness benefit, my Department provides means tested supports under the supplementary welfare allowance scheme. An additional needs payment may also be available to people who have expenses that they cannot pay from their weekly income.Any changes to the illness benefit scheme would need to be considered in an overall policy and budgetary context, including the contribution rates for self-employed contributors.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (807)

Brendan Griffin

Ceist:

807. Deputy Brendan Griffin asked the Minister for Social Protection if a decision on a child benefit application by a person in County Kerry (details supplied) will be reviewed; and if she will make a statement on the matter. [15290/24]

Amharc ar fhreagra

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. 

The person concerned applied for Child Benefit in June 2023.  This claim was disallowed as she did not satisfy the Habitual Residence condition.  The person concerned requested a review of this decision.  In July 2023, a review of this decision was carried out and the decision was upheld.  The person concerned was advised of their right to appeal to the Social Welfare Appeals office within 21 days of the decision letter.  The person concerned did not appeal this decision in 2023.

I trust this clarifies the position for the deputy.

Employment Support Services

Ceisteanna (808)

Éamon Ó Cuív

Ceist:

808. Deputy Éamon Ó Cuív asked the Minister for Social Protection if all Ukrainian refugees who sought protection here and are in receipt of jobseeker's allowance are required to engage with Intreo in relation to seeking work, be available for work, and engage with activation services under the same conditions as all other JSA recipients; and if she will make a statement on the matter. [15309/24]

Amharc ar fhreagra

Freagraí scríofa

In March 2022, the EU adopted the Temporary Protection Directive, which allows people arriving from Ukraine under the Temporary Directive to move through the EU as EU citizens. They are also entitled to avail of income supports from my Department.

Beneficiaries of Temporary Protection who are in receipt of Jobseekers Allowance are subject to the same eligibility conditions as all other recipients, including the requirement to be available for and seeking work, and to ‘sign on’ to certify their continuing entitlement.

Beneficiaries of Temporary Protection who are in receipt of Jobseekers Allowance are fully integrated into the standard employment service process on the same basis as all recipients of a jobseeker payment. Engagement is mandatory and is focused on supporting recipients to secure sustainable employment.

Since February 2022, Intreo Employment Services has delivered over 57,000 One to One appointments and 2,025 Group Information Sessions to c 37,000 working age Beneficiaries of Temporary Protection. Long term unemployed Beneficiaries of Temporary Protection are referred to Intreo Partners, the National Employment Service.

At the end of February 2024, Revenue records indicated that 17,655 Beneficiaries of Temporary Protection are in active employment.

From 11th March 2024 Beneficiaries of Temporary Protection who arrive into Ireland and who are accommodated in Designated Accommodation Centres receive a Beneficiary of Temporary Protection Weekly Payment of €38.80 per week for each adult and €29.80 for each child up to the age of 18 years of age. Engagement with Intreo Employment Services is also mandatory for those of working age in this group.

I trust this clarifies the matter.

Social Welfare Code

Ceisteanna (809)

Éamon Ó Cuív

Ceist:

809. Deputy Éamon Ó Cuív asked the Minister for Social Protection the checks that are in place to ensure all recipients of jobseeker’s allowance, including Ukrainian refugees, are still resident in the country; and if she will make a statement on the matter. [15310/24]

Amharc ar fhreagra

Freagraí scríofa

There are a number of control checks in place to ensure people in receipt of Jobseekers Allowance continue to meet the conditions for the payment they receive, including checks to ensure they are resident in the country. These checks include in person ‘signing-on’ at a DSP Intreo Centre and collection of payment at the Post Office. These control checks apply to all recipients of Jobseekers Allowance, including Beneficiaries of Temporary Protection.

The results of checks to date do not indicate abuse, and it is clear from the sign of life work undertaken by the Central Statistics Office that Beneficiaries of Temporary Protection are closing their claims when they leave the country.

The payment entitlements for newly arrived Beneficiaries of Temporary Protection who avail of State accommodation and are assigned to Designated Accommodation Centres are also paid at the Post Office.

I trust this clarifies the matter.

Social Welfare Benefits

Ceisteanna (810)

Éamon Ó Cuív

Ceist:

810. Deputy Éamon Ó Cuív asked the Minister for Social Protection how many people received the fuel allowance in each of the years 2021, 2022 and 2023; the cost of the scheme in each of these years; the details of any improvements being considered for this scheme; and if she will make a statement on the matter. [15334/24]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €382 million in 2024. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

While the Departments schemes are reviewed on an ongoing basis any further expansion or improvements to the scheme can only be considered while taking account of the overall policy and budgetary situation.

In Budget 2024, the Government did provide for increases to core Social Welfare payments including increases to the weekly rate of State Pension payable, as well as once off payments of €200 for those in receipt of the Living Alone Increase and €300 for those in receipt of the Fuel Allowance payment. Budget 2024 also provided for the Christmas Bonus payment and January Cost of Living Bonus payment.

The records of the Departments indicate that the number of households in receipt of the Fuel Allowance payment and the cost to the State over the previous 3 years is as follows:-

Year

No. of Recipients

Yearly Cost

2021

374,861

€316 million

2022

393,769

€576 million

2023

411,395

€502 million

The number of recipients is based on the end of December figure for each year requested. The increase in costs for 2022 and 2023 relate to additional lump sum payments made to customers in receipt of Fuel Allowance in those years. The 2023 spend on Fuel Allowance is a provisional figure.

I trust that this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (811)

Éamon Ó Cuív

Ceist:

811. Deputy Éamon Ó Cuív asked the Minister for Social Protection how many people received the household benefit package in each of the years 2021, 2022 and 2023; the cost of this scheme to the state in each of these years; whether consideration is being given to increasing the payment under the scheme; and if she will make a statement on the matter. [15335/24]

Amharc ar fhreagra

Freagraí scríofa

The Household Benefits Package comprises the electricity or gas allowance, and the free television licence. The Department of Social Protection will spend approximately €285 million this year on the Household Benefits Package for over 521,000 customers.

People over the age of 70 receive the Household Benefits Package, with one package provided per household. The package is also available to people living in the State aged 66-69 years who are in receipt of certain social welfare payments or who satisfy a means test. The package is available to some people under the age of 66 who are in receipt of certain welfare type payments.

While consideration is always given to suggested improvements to the Departments schemes, any decision to enhance the Household Benefits Package would have to be considered in the context of overall budget negotiations.

In Budget 2024, the Government did provide for increases to core Social Welfare payments including increases to the weekly rate of State Pension payable, as well as once off payments of €200 for those in receipt of the Living Alone Increase and €300 for those in receipt of the Fuel Allowance payment. Budget 2024 also provided for the Christmas Bonus payment and January Cost of Living Bonus payment.

The records of the Departments indicate that the number of households in receipt of the Household Benefits Package and the cost to the State over the previous 3 years is as follows:-

Year

No. of Recipients

Yearly Cost

2021

476,241

€274 million

2022

497,196

€281 million

2023

521,753

€286 million

The number of recipients is based on the end of December figure for each year requested. The 2023 spend on the Household Benefits package is a provisional figure.

I trust that this clarifies these matters for the Deputy.

Social Welfare Code

Ceisteanna (812)

Peadar Tóibín

Ceist:

812. Deputy Peadar Tóibín asked the Minister for Social Protection if she will consider extending the criteria of the one parent family payment to include the entire duration of an undergraduate course in circumstances where a child is still in full time education beyond the age of 22 years such as undergraduate medicine; and if she will make a statement on the matter. [15341/24]

Amharc ar fhreagra

Freagraí scríofa

The One-Parent Family Payment is a means tested payment for lone parents, under 66, whose youngest child is under seven. The Jobseeker’s Transitional Payment is a means-tested payment for lone parents whose youngest child is aged between 7 and 14 years. The Jobseeker’s Allowance payment may be paid to lone parents where the youngest child is aged 14 or over, subject to the qualifying conditions.

In situations where a parent moves into the workforce, they may qualify for other income supports such as the Working Family Payment or the Back to Work Family Dividend.

Where a person is in receipt of a payment from my Department they may be eligible for an Increase for a Qualified Child which can be paid up to age 22 where the child remains in full time education.

Student Universal Support Ireland (SUSI) offers funding to eligible students in approved full time courses at Post-Leaving Certificate, undergraduate and postgraduate levels in Ireland and in some cases, to students studying in the UK or EU. All types of students, from school leavers to mature students returning to education can apply for funding under that scheme.

There are no plans currently to extend payment of any child or family related social welfare payments beyond a child's 22nd birthday.

I trust this clarifies the position for the Deputy.

Social Welfare Benefits

Ceisteanna (813)

Richard Boyd Barrett

Ceist:

813. Deputy Richard Boyd Barrett asked the Minister for Social Protection the full-year outturn on illness benefit in 2022. [15348/24]

Amharc ar fhreagra

Freagraí scríofa

The full-year outturn on Illness Benefit in 2022 was €614.073 million.

Social Welfare Benefits

Ceisteanna (814)

Denis Naughten

Ceist:

814. Deputy Denis Naughten asked the Minister for Social Protection the number of persons in receipt of the full rate of carer’s allowance; the number in receipt of a reduced rate of carer’s allowance; the number in receipt of the half-rate carer’s allowance; the number of recipients of the carer’s support grant; the steps which she is taking to ensure that all full-time carers avail of the carer’s support grant; and if she will make a statement on the matter. [15481/24]

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.

Please see the table below containing the number of persons in receipt of the full rate of CA; the number in receipt of a reduced rate of CA; the number in receipt of the half-rate CA; and the number of recipients of the Carer’s Support Grant (CSG).

Number of persons in receipt of CA at full rate (31/03/2024)

51,207

Number of persons in receipt of a reduced rate of CA (31/03/2024)

4,081

Number of persons in receipt of CA at half rate (31/03/2024)

45,111

Number of persons in receipt of CSG (31/03/2024)

126,764

The CSG is an annual payment made in June to carers who get Carer's Allowance, Carer's Benefit or Domiciliary Care Allowance (DCA).  It can also be paid to certain other carers that are providing full-time care. Carers can use the grant in whatever way they wish.  The CSG is paid for every person being cared for providing that all conditions of the scheme are satisfied.

The Department publishes information leaflets as widely as possible and advertises changes of legislation in the National Press.  Information Officers are available throughout the country for people to make enquiries as to their entitlements.

I hope this information is of assistance to the Deputy.

State Pensions

Ceisteanna (815, 872)

Louise O'Reilly

Ceist:

815. Deputy Louise O'Reilly asked the Minister for Justice if she plans to bring forward changes to the public service pension to allow workers to work past their contracted retirement date, as per the recent announcement from the Government; and if she will make a statement on the matter. [14564/24]

Amharc ar fhreagra

Louise O'Reilly

Ceist:

872. Deputy Louise O'Reilly asked the Minister for Justice when the decision to raise the retirement age for staff in the prison service will be implemented; if she is aware that many staff in the service are keen to work to the new increased age but cannot do so until the decision is implemented; and if she will make a statement on the matter. [14248/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 815 and 872 together.

As the Deputy may be aware, the current maximum retirement age of 60 for Prison Officers and members of An Garda Síochána is set out in Public Service Superannuation (Miscellaneous Provisions) Act 2004 and the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 and in related secondary legislation.

Recently the Government, approved increasing the mandatory retirement age to 62 years of age in a number of the uniform services including the Irish Prison Service and An Garda Síochána.

This increase, from 60 years to 62 years, to the mandatory retirement age reflects the reality across all sectors that people can and want to work in their chosen careers for longer.

This increased mandatory retirement age in the uniformed services will be facilitated by amendments to the relevant legislation to be brought forward by the Minister for Public Expenditure, National Development Plan Delivery and Reform Paschal Donohoe, TD.

My Department has identified a suitable legislative vehicle which will allow for the relevant amendments to give effect to these changes and it is intended that revised legislation will be in place before the summer recess and I will make the necessary changes to the secondary legislation which relate to An Garda Síochána within the same timeframe.

As the Deputy will appreciate the extension or permission to allow a prison officer stay beyond their maximum retirement age requires these legislative changes to be in place before any extension beyond the arrangements already in place can be granted.

Domestic, Sexual and Gender-based Violence

Ceisteanna (816)

Sorca Clarke

Ceist:

816. Deputy Sorca Clarke asked the Minister for Justice further to her commitment in raising the sourcing of a new site for an establishment (details supplied) during Questions on Policy or Legislation on 28 February 2024, what engagements has she had on this; and what progress has been made. [15308/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, earlier this year the Government established Cuan, a new statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence.  

The agency has 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. As part of it's remit, the agency has responsibility for the provision of DSGBV services, including the provision and funding of refuge spaces. 

As such, I have referred the question posed by the Deputy to Cuan for direct reply.

Regulatory Bodies

Ceisteanna (817, 888)

Aodhán Ó Ríordáin

Ceist:

817. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if she will establish an office of owner management company (OMC) regulator with a view to putting in place a code of conduct and register of OMCs, with the express function of addressing governance issues between owner occupiers and other owners of homes including potential conflicts of interest where OMCs are still controlled by the original builder-developers or large scale institutional investors inappropriate procurement practices being used in terms of awarding of contracts and payments being made to directors; and if she will make a statement on the matter. [13562/24]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

888. Deputy Jim O'Callaghan asked the Minister for Justice whether consideration will be given to the establishment of an owner management companies regulator for the purpose of regulating owner management companies which impact the lives of so many residents; and if she will make a statement on the matter. [14548/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 817 and 888 together.

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). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.

As regards the establishment of a Regulator for OMCs, there are no plans at present to introduce a specific oversight and enforcement mechanism for OMCs. However, it should be noted that OMCs are subject to company law provisions, including their own memorandum of association, and are subject to oversight by the Companies Registration Office and the Corporate Enforcement Authority. Furthermore, the Competition and Consumer Protection Commission also plays a role in providing information and advice to intending purchasers of residential units in multi-unit developments. 

In addition, 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.

Legislative Process

Ceisteanna (818)

Pa Daly

Ceist:

818. Deputy Pa Daly asked the Minister for Justice when she intends to move the remaining stages of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022. [13563/24]

Amharc ar fhreagra

Freagraí scríofa

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill is one of seven Bills from the Minister currently before the Dáil and the Seanad.

This Bill updates the Incitement to Hatred Act 1989 and provides for the introduction of hate crime for the first time (for example; an assault which is motivated by hated).

The scheduling of bills is a matter for the Oireachtas.

Naturalisation Applications

Ceisteanna (819)

Michael Ring

Ceist:

819. Deputy Michael Ring asked the Minister for Justice to outline the position in relation to an application (details supplied); and if she will make a statement on the matter. [13569/24]

Amharc ar fhreagra

Freagraí scríofa

The Irish Association naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.

In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.

Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Legislative Programme

Ceisteanna (820)

Marian Harkin

Ceist:

820. Deputy Marian Harkin asked the Minister for Justice for an update on the legislative programme; and if she will make a statement on the matter. [13617/24]

Amharc ar fhreagra

Freagraí scríofa

The Government Legislation Programme for the Spring 2024 Session was published on 16 January. As set out in the Legislation Programme, my Department has four priority Bills for publication as follows:

Garda Síochána (Powers) Bill.  This Bill will codify certain police powers and procedural rights of suspects. It aims to rationalise and modernise those powers to take account of developments in modern technology thereby providing greater clarity and transparency. On foot of two Supreme Court rulings, the Search Warrant portion of the Bill has been expedited, while other sections will follow in due course. Drafting of the Bill is continuing. 

Garda Síochána (Recording Devices) (Amendment) Bill  – Will provide for the retrospective searching of images which are legally held or can be legally accessed by An Garda Síochána through the safe and ethical use of biometric identification ( including facial recognition technology). Under the Bill, biometric identification will be utilised in limited circumstances and only in relation to specific serious offences. The General Scheme of this Bill was approved by Government on 12th December 2023. A drafter was assigned by Office of the Parliamentary Council on 15th December 2023. Pre-legislative scrutiny took place on 13 February 2024 and involved a large number of submissions. Drafting of the bill is continuing. 

Defamation (Amendment) Bill  - To update aspects of defamation law, following statutory review of the Defamation Act 2009. Drafting of the Bill is ongoing with a view to its publication during Q2/2024.

Intoxicating Liquor Bill 2024  - Condensed Bill to introduce certain key reforms from the Sale of Alcohol Bill 2022 and drafting is at an advanced stage.

My Department has two priority Bills for drafting as follows:

Inspection of Places of Detention Bill  - To provide for the inspection of all places of detention within the Justice sector. These include prisons, detention facilities in Garda stations and court holding cells. The Bill also provides for the appointment and functions of the Chief Inspector of Places of Detention which will expand the existing statutory role of the Inspector of Prisons. Enactment of the legislation will enable ratification of Optional Protocol to the UN Convention against Torture (OPCAT). Pre-Legislative Scrutiny took place on 18 October 2022 and the report on PLS was published on 8 March 2023.

Proceeds of Crime (Amendment) Bill  - The purpose of the Bill is to strengthen the State’s ability to target the proceeds of crime. Ongoing review of the operation of the civil forfeiture regime in Ireland (grounded in the Proceeds of Crime Act 1996) has identified a number of areas of improvement and the Bill will propose refinements to the regime informed by legal and operational developments. The General Scheme for this Bill was approved on 18 January 2024 and Pre-Legislative Scrutiny is scheduled to take place on 16 April 2024.

In addition, my Department is continuing to progress the following legislation:

Family Courts Bill 2022  - Provides for the establishment of a Family High Court, Family Circuit Court and Family District Court. I am working to bring the important Family Courts Bill 2022 through the Houses this year. This Bill will establish new dedicated Family Courts within the existing court structures and put families at the centre of the family justice system.

Criminal Law (Sexual Offences and Human Trafficking) Bill 2023  - Provides for amendments to sexual offences legislation arising from the recommendations of the O'Malley review. It will place the proposed new National Referral Mechanism for Human Trafficking on a statutory footing. Committee Stage in the Dáil was completed on 14 November 2023. It has been scheduled for Dáil Report stage on 24 April 2024.

Criminal Justice (Incitement to Hatred or Violence and Hate Offences) Bill 2022  - Provides for new, aggravated forms of certain criminal offences where they are motivated by hatred. It also repeals and replaces the offences in the 1989 Prohibition of Incitement to Hatred Act. The final stages in the Dáil were completed on 26 April 2023 and second Stage in the Seanad took place on 13th and 21st June 2023.

Court Proceedings (Delays) Bill 2023  - Establishes a statutory right to the conclusion of criminal and civil proceedings within a reasonable time, and a mechanism for assessing compensation where this right is breached. The final stages in the Dáil were completed on 21 February 2024. Seanad Second Stage took place on 20 March 2024 and Committee Stage is currently scheduled for 17 April 2024.

Civil Reform Bill  - To give effect to recommendations arising from the Review of the Administration of Civil Justice (Kelly Review) which includes recommendations on the reform of civil procedures including those in relation to discovery, judicial review and court processes. Drafting of a General Scheme is currently underway and it is expected that approval to draft, will be sought this year.

Criminal Justice (Legal Aid) Bill  - To update and strengthen the system of granting of criminal legal aid and to transfer the responsibility for the administration of the main scheme and ad hoc schemes to the Legal Aid Board. The current position is that the Bill is at the drafting stage with the General Scheme of the Bill having been referred for drafting on 13 July 2023.

Personal Insolvency (Amendment) (no. 2) Bill  - To update aspects of personal insolvency legislation, following statutory review of Personal Insolvency Acts. Work is underway and drafting of General Scheme will commence after the publication of the Report.

Gambling Regulation Bill – To provide for a robust regulatory and licensing regime to regulate gambling both in person and online, to update and streamline the licensing framework and to provide for the establishment of the Gambling Regulatory Authority of Ireland. The Bill is currently undergoing preparation for Report Stage in the Dáil.

In addition, and as the Deputy may be aware, the Policing, Security and Community Safety Act 2024 & Coroners (Amendment) Act 2024  were passed by both houses of the Oireachtas and were signed into law by the president in February 2024.

Finally, The Criminal Justice (Engagement of Children in Criminal Activity) Act 2024 & The European Arrest Warrant Act (Amendment) Act 2024 were passed by both houses of the Oireachtas and were signed into law by the president in March 2024.

An Garda Síochána

Ceisteanna (821)

Jim O'Callaghan

Ceist:

821. Deputy Jim O'Callaghan asked the Minister for Justice the breakdown of the number of gardaí assigned to the Store St, Bridewell, Mountjoy, Fitzgibbon St, Cabra, Santry and Ballymun Garda stations in 2019, 2020, 2021, 2022, 2023 and 2024, in tabular form. [13637/24]

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 distribution of Garda members between the different Garda units and Divisions. As Minister, I have no role in such matters.

I am assured that the Garda Commissioner keeps the allocation of these resources under continued review to ensure their optimum use. Among the factors considered are population statistics, crime trends and operational policing matters.

I can, however, assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented allocation of more than €2.35 billion in Budget 2024, which is allowing for sustained and ongoing recruitment.

A new Garda Recruitment competition was launched on 15 January and closed for applications on 8 February. The response to the latest Garda recruitment campaign has been very strong with over 6,300 applying to become Gardaí – this is a significant increase on the 5,000 people who applied last year.

To assist with recruitment, the government increased the training allowance and increased the age of entry from 35 to 50. The Government is determined that An Garda Síochána grows to 15,000 members and beyond.

Recruitment into An Garda Síochána has accelerated following the forced closure of the Garda College. 746 trainees entered Templemore last year, the highest intake into Templemore since 2018 and a six-fold increase on 2022's intake of 116. A further intake of 186 trainee Gardaí entered Templemore this week.

The information requested by the Deputy as it pertains to Garda figures allocated to a list of stations during the years 2019-2024 are provided in the table below.

Garda Station 

Dec-19

Dec-20

Dec-21

Dec-22

Dec-23

Feb-24

Store Street

           297

           280

           283

           259

           283

           276

Bridewell

           174

           171

           161

           158

           159

           158

Mountjoy

           214

           200

           188

           140

           149

           145

Fitzgibbon St.

               -  

               -  

               -  

              56

              47

              47

Cabra

              66

              68

              60

              62

              65

              68

Santry

              70

              89

              88

              83

              69

              66

Ballymun

           139

           140

           133

           133

           147

           146

Total

960

948

913

891

919

906

Information in relation to the allocation of Gardaí by Division and Station, including the DMR, can be found at the following link:  www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/.

It should be noted that this information is operational and subject to change.

Naturalisation Applications

Ceisteanna (822)

Bernard Durkan

Ceist:

822. Deputy Bernard J. Durkan asked the Minister for Justice when a person (details supplied) will receive their naturalisation certificate following their citizenship ceremony that took place on 19 December 2023; and if she will make a statement on the matter. [13732/24]

Amharc ar fhreagra

Freagraí scríofa

The Citizenship Division of my Department have advised a Certificate of Naturalisation issued to the person referred to by the Deputy on 26 February 2024. However, it was returned on 19 March 2024 with the reason given as "not called for".

The person referred to by the Deputy can contact the Citizenship Division regarding this matter directly at citizenshipinfo@justice.ie

I recognise that the delay in receiving a Naturalisation Certificate is frustrating for people and my Department is examining on how to speed up the delivery of Certificates for future Ceremonies to be held this year.

In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.  

Finally, I can advise the Deputy that the Citizenship Division of my Department will continue to communicate regularly with all applicants to keep them informed on updates on processing times and arrangements.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Ceisteanna (823)

Bernard Durkan

Ceist:

823. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date of a residency status application (details supplied); and if she will make a statement on the matter. [13733/24]

Amharc ar fhreagra

Freagraí scríofa

An application under the Regularisation of Long Term Undocumented Migrants Scheme by the person referred to by the Deputy was refused on 03 March 2023.

This application is now closed. It is noted that they now have no immigration status in the State.

On the 02 April 2024 they were notified of the intention to make a Deportation Order in respect of them. They were further advised of their options and that they should respond to this letter within 15 days.

I would advise them to respond to this letter by email to repatadmin@justice.ie or by post to the following address:

Repatriation Division,

Immigration Service,

Department of Justice,

13-14 Burgh Quay,

Dublin 2,

D02 XK70

Ireland.  

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility (IMoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Immigration Status

Ceisteanna (824)

Bernard Durkan

Ceist:

824. Deputy Bernard J. Durkan asked the Minister for Justice the progress of a residency status application (details supplied); and if she will make a statement on the matter. [13734/24]

Amharc ar fhreagra

Freagraí scríofa

An application under the Regularisation of Long Term Undocumented Migrants Scheme by the person referred to by the Deputy was refused on 03 March 2023.

This application is now closed. It is noted that they now have no immigration status in the State.

On the 02 April 2024 they were notified of the intention to make a Deportation Order in respect of them. They were further advised of their options and that they should respond to this letter within 15 days.

I would advise them to respond to this letter by email to repatadmin@justice.ie or by post to the following address:

Repatriation Division,

Immigration Service,

Department of Justice,

13-14 Burgh Quay,

Dublin 2,

D02 XK70

Ireland.  

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility (IMoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Immigration Status

Ceisteanna (825)

Bernard Durkan

Ceist:

825. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date of a residency status application (details supplied) [13735/24]

Amharc ar fhreagra

Freagraí scríofa

An application under the Regularisation of Long Term Undocumented Migrants Scheme by the person referred to by the Deputy was refused on 03 March 2023.

This application is now closed. It is noted that they now have no immigration status in the State.

On the 02 April 2024 they were notified of the intention to make a Deportation Order in respect of them. They were further advised of their options and that they should respond to this letter within 15 days.

I would advise them to respond to this letter by email to repatadmin@justice.ie or by post to the following address:

Repatriation Division,

Immigration Service,

Department of Justice,

13-14 Burgh Quay,

Dublin 2,

D02 XK70

Ireland.  

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility (IMoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Immigration Status

Ceisteanna (826)

Bernard Durkan

Ceist:

826. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date of a residency status application (details supplied); and if she will make a statement on the matter. [13736/24]

Amharc ar fhreagra

Freagraí scríofa

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.

In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.

Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

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