The Cabinet Committee on Europe oversees implementation of Programme for Government commitments in relation to the European Union and related issues.

It generally meets in advance of a meeting of the European Council.

It last met on 13 October ahead of the regular meeting of the European Council in Brussels on 20/21 October.

Government has been working hard to implement the commitments in the Programme for Government, supported through the co-ordinating mechanisms of the cabinet committee process.

The eleven Cabinet Committees established by this Government reflect a broad range of policy areas that it will work on during its lifetime, as set out in the Programme for Government.

Cabinet Committees meet regularly to continue this work.

Strategy Statements, which have been prepared by all departments, reflect the key national priorities as outlined in the Programme for Government.

My Department has been helping to progress the following key Programme for Government commitments:

- The delivery of the Economic Recovery Plan 2021, and the publication of a progress report in June. The Plan focused on driving a sustainable jobs-rich recovery, with significant milestones, and progress achieved in this regard, including in the transition towards a decarbonised and digital economy.

- The establishment of a unit in my Department to help support social dialogue.

- Driving delivery of our commitments on Shared Island on a whole of Government basis, through the Shared Island unit in my Department.

- The 2022 Action Plan for Sláintecare was published in June 2022. By the end of June, all 49 deliverables were either on track or progressing with minor challenges or had been completed.

- Developing a Well-being Framework for Ireland, for which a Well-being portal and Well-being Information Hub have been developed. A Second Report reflecting the outcomes of considerable consultation and ongoing research was published by Government this year and the Framework and an accompanying high-level analysis fed into the Budget process this year.

- Publication of the National Marine Planning Framework in June 2021 and the signing into law of the Maritime Area Planning Act in December 2021.

- Implementation of the Housing for All strategy which is driving delivery of key housing related commitments.

- The signing into law of the Climate Action and Low Carbon Development (Amendment) Act 2021, the publication of the Climate Action Plan 2021, which includes the National Retrofit Plan, adoption of the Carbon Budget programme, and agreement of the Sectoral Emission Ceilings. An update of the Climate Action Plan will be published before the end of the year.

- Engagement with EU leaders to advance a range of high-level objectives in the Programme for Government is ongoing, in particular in relation to the energy crisis, Brexit, economic issues, external relations and COVID-19, as well as pursuing a strong, collective response to Russia’s illegal invasion of Ukraine.

- Ongoing monitoring and management of the impact of COVID-19 on the provision of both COVID and non-COVID healthcare.

- Supporting the work of the United Nations, through our membership of the UN Security Council.

- Ongoing oversight of the implementation of A Policing Service for our Future – the Government’s plan to implement the Report of the Commission on the Future of Policing in Ireland.

- Publishing Harnessing Digital – The Digital Ireland Framework in February, a high-level framework to position Ireland as a digital leader at the heart of European and global digital developments; it sets out a pathway to drive and enable the digital transition across the economy and society.

- Progressing work on the Government’s response to the Future of Media Commission.

- Completion of the work of two Citizens’ Assemblies, on Gender Equality and on Biodiversity Loss. Work is continuing on the Citizens’ Assembly on a directly-elected mayor for Dublin. Two further Citizens’ Assemblies, one dealing with the issue of Drug Use and the other on the Future of Education, are under consideration subject to Government decision and Oireachtas approval.

- Establishment of a transitional team in my Department to progress the administrative elements of the establishment of the Electoral Reform Commission, anticipated later this year.

Ensuring progress on implementation of the Programme for Government will continue to be a priority across all government departments as well as through the work of the Cabinet Committees.

My Department has not incurred EU fines in the years 2020 to 2022.

Section 12 of the Protection of Employment Act 1977 provides that employers proposing a collective redundancy must notify the Minister for Enterprise, Trade and Employment of the proposed collective redundancy. 

Information on collective redundancy notifications does not reflect the total number of actual redundancies that take place across the workforce. Collective redundancies arise where, during any period of 30 consecutive days, the employees being made redundant are:

- 5 employees where 21-49 are employed,

- 10 employees where 50-99 are employed,

- 10% of the employees where 100-299 are employed,

- 30 employees where 300 or more are employed. 

Other redundancies outside of these parameters are not required to be notified to the Minister. Also, not all proposed redundancies result in actual redundancies, as employers negotiate with their workforce to restructure the business and find alternative solutions during the 30-day consultation period.

As of 15 November 2022, no collective redundancy notification was received in relation to potential redundancies at the company referred to. My Department and IDA Ireland are continuing engagement with the company on their future plans.

Section 12 of the Protection of Employment Act 1977 provides that employers proposing a collective redundancy must notify the Minister for Enterprise, Trade and Employment of the proposed collective redundancy. 

Information on collective redundancy notifications does not reflect the total number of actual redundancies that take place across the workforce. Collective redundancies arise where, during any period of 30 consecutive days, the employees being made redundant are:

- 5 employees where 21-49 are employed,

- 10 employees where 50-99 are employed,

- 10% of the employees where 100-299 are employed,

- 30 employees where 300 or more are employed.

Other redundancies outside of these parameters are not required to be notified to the Minister. Also, not all proposed redundancies result in actual redundancies, as employers negotiate with their workforce to restructure the business and find alternative solutions during the 30-day consultation period.

On 9 November 2022, notification was received detailing proposed collective redundancies from the company referenced, in accordance with the Protection of Employment Act 1977, as amended.

The notification confirms that the company is undertaking the collective redundancy consultation process required under the Act with the representatives of employees whose roles are at risk of redundancy.

Officials in my Department and IDA Ireland were in contact with the company’s officials on Wednesday 9th of November and IDA officials are in continued contact with the company on proposed redundancies in Ireland.

Since my appointment as Tánaiste and Minister for Enterprise, Trade and Employment in 2020 I have visited County Clare on two occasions.

On 22 October 2021 I launched the Ennis 2040 Economic and Spatial Strategy in Ennis.

On 15 July 2022 I visited the Future Mobility Campus at Shannon, Co Clare and Ardnacrusha Power Station in Ardnacrusha, Co. Clare.

Government is acutely aware of the impact that the recent increases in global energy prices is having on households. This is why a €2.4 billion package of supports was implemented during 2022, and a package of once off measures worth €2.5 billion included in Budget 2023. The Budget package includes a new Electricity Cost Emergency Benefit Scheme through which €550.47 (exclusive of VAT) will be credited to each domestic electricity account in three payments of €183.49 (exclusive of VAT) in each of the following billing periods - November/December 2022, January/February 2023 and March/April 2023. The estimated cost of this scheme is €1.211 billion and will be provided to my Department through a Supplementary Estimate. The payment will be applied to domestic electricity accounts, including those with Pay As You Go meters, which are subject to distribution use of system charges at the rate for urban domestic customers (DG1) or the rate for rural domestic customers (DG2). The scheme uses the single identifier of the Meter Point Registration Number (MPRN) to ensure it can be administered automatically and without an application/approval process. This mechanism allowed payments to be made automatically to 2,138,939 domestic electricity accounts, over 99.36% of eligible accounts, under the first scheme which operated between April and June of this year.

While the majority of residential tenants will hold their own domestic electricity accounts, and therefore receive the credit directly, others could have tenancy agreements where tenants pay their actual share of each bill and, in those cases, will benefit from the payment because the amount of the bill will be reduced by the amount of the payment. A small proportion could have other arrangements in place whereby electricity costs are part of the rental cost. Where tenants have a dispute relating to tenancies including any terms relating to electricity payments, these can be referred to the Residential Tenancies Board (RTB) for dispute resolution. As there is not data set identifying this cohort, increasing awareness of entitlements of existing social protection measures, which include provision for help with household bills, is an important way of supporting people in this situation.

Along with the Electricity Cost Emergency Benefit Scheme Budget 2023 also introduced measures including: - €400 lump sum payment to Fuel Allowance recipients

- €200 lump sum payment for pensioners and people with a disability getting the Living Alone Increase

- €500 cost of living lump sum payment to all families getting Working Family Payment

- double payment of Child Benefit to support all families with children

- €500 cost of living payment for people receiving Carer's Support Grant will be paid in November

- €500 lump sum cost of living disability support grant will be paid to all people receiving a long term disability payment

The CRU has a dedicated email address for Deputies to contact them oireachtas@cru.ie for timely replies.

My Department has not paid any EU fines in the years 2020, 2021 or 2022.

The following reply was received on 23 January 2023.

The National Smart Metering Programme is overseen by the Commission for the Regulation of Utilities (CRU) and ESB Networks (ESBN) are tasked with the delivery of the roll out programme, which involves upgrading all of Ireland’s electricity meters to smart meters. To date over 1 million smart meters have been installed out of a total of 2.4 million to be replaced by the end of 2024.

Smart meters play a crucial role in supporting Ireland's transition to a low carbon future by enabling the development of smart grids and allowing consumers to monitor and accordingly adjust their electricity consumption throughout the day. This will not only empower consumers to reduce their overall electricity consumption and shift some consumption to times of the day when electricity is cheaper, but also can ease the pressure on our national grid by helping to manage peaks and troughs in demand.

There is no specific additional charge for individual consumers to upgrade their meter to a smart meter. However, like other meter upgrades, the overall cost of the programme (estimated to be approximately €1.2bn) is included as part of the Distribution Use of System (DUoS) tariff charged by ESBN to connected customers for use of the electricity network.

The CRU has also completed an extensive analysis of the smart meter programme and are satisfied that this investment represents value for money. The CRU also monitors the performance of ESBN with regard to the deployment of smart meters, smart meter functionality and customer satisfaction.

The Deputy may wish to note that CRU provides a dedicated email address for Oireachtas members, which enables them raise questions on general energy regulatory matters to CRU at oireachtas@cru.ie for timely direct reply.

I understand the Sustainable Energy Authority of Ireland (SEAI) replied by email to the Deputy on 12th April 2022 and a copy of the reply will be re-sent, for ease of reference.

Earlier this year, the Government launched a package of supports aimed at making it easier and more affordable for homeowners to undertake home energy upgrades, for warmer, healthier and more comfortable homes, with lower energy bills and lower emissions. The supports included a new National Home Energy Upgrade Scheme which offers increased grant levels of up to 50% of the cost of a typical B2 home energy upgrade with a heat pump. Under the SEAI home energy upgrade schemes, the general principle applies whereby grant funding can only be issued once per measure per property.

However, under the National Home Energy Upgrade Scheme, a homeowner may be permitted to avail of a second grant for a measure where it is recommended in the One Stop Shop Home Energy Assessment to achieve the B2 and heat pump target. In cases where the OSS determines through the Home Energy Assessment and Heat Loss Indicator assessment that a second wall insulation is required to meet the heat pump requirement, then grant support for a second measure is permitted as follows: 

- Internal Wall Insulation is eligible where cavity has previously been funded.

- External wall insulation is eligible where either cavity or internal wall insulation has been funded.

In addition, as part of the package of supports approved by Government, reforms have also been made to the Better Energy Warmer Homes Scheme whereby applications may now be accepted from qualifying homeowners who previously received supports under the Scheme, but who could still benefit from deeper upgrade measures (revisits). This means that homeowners of properties built and occupied before January 1993 and have a pre-works BER of E, F or G will not be precluded from applying for a second time for qualifying works not previously carried out on their properties. 

Further information on the grants available from SEAI can be found on their website: www.seai.ie/grants/home-energy-grants/insulation-grants/

The Department of Housing, Local Government & Heritage has responsibility for the overall development of national planning policy and legislation. That Department also has  responsibility for the Energy Performance in Buildings Directive (EPBD) and are currently working closely with the European Commission and other member states in relation to the recast EPBD, which is currently being finalised.

This recast EPBD includes provisions that will have a significant effect in supporting an EU-wide rooftop solar strategy for multiple building types over the coming years. Article 9a of the current draft version of the Directive addresses requirements for Solar energy in buildings and focuses on Member States ensuring that all new buildings are designed to optimise their solar energy generation potential on the basis of the solar irradiance of the site; which in turn will enable the later cost-effective installation of solar technologies. This draft includes  targets for Member States to ensure the deployment of suitable solar energy installations on all new public and commercial non-residential buildings by 2027 and all new residential buildings by 2029. The final version of the directive is due to be published shortly and further details can be obtained from the Department of Housing, Local Government & Heritage.

I understand the specific initiative in France requiring solar panels to be installed in car parks over a certain size is not currently under consideration by the Department of Housing, Local Government & Heritage.

My department oversees the Microgeneration Support Scheme (MSS) for installations up to 50kWe and is developing the Small-Scale Generation (SSG) scheme for generators above 50kW to support the deployment of rooftop and ground-mounted solar PV in cohorts that are not as suited to other support measures such as the Renewable Electricity Support Scheme (RESS). Further information is available on www.gov.ie.

The Supplier of Last Resort (SoLR) process is managed by the Commission for Regulation of Utilities (CRU) as part of its responsibility for the regulation of the retail gas and electricity markets as assigned under the Electricity Regulation Act 1999 and subsequent legislation.The primary statutory objective of this process is to protect customers and to prevent any further potential impact on customers in the market place in the event that an electricity or gas supplier exits the market and ensure that customers’ electricity or gas supply is not interrupted. Under the process, all customers of exiting suppliers are transferred to thestandard tariff of the Supplier of Last Resort for electricity (Electric Ireland) or gas (BGE). I understand that the duration of the SoLR term is determined based on a number of factors including: the volume of customers transferring; the requirement of SoLR to purchase additional energy in the short-term on the wholesale market; and the allowance of adequate time to facilitate the registering of customers and issuing of bills.

Any credit or debit that was built up between a customer and a supplier willnotbe passed on to the SoLR as unfortunately, the SoLR does not have access to the customer’s old supplier’s billing system and is therefore unable to quantify this.

These debits or credits are a matter between the customer and the exiting supplier, and the exiting supplier may provide a refund. Affected customers can contact the CRU customer care team on customercare@cru.ie  or 1800 404 404.

The CRU is accountable directly to the Oireachtas. Furthermore, the CRU has a dedicated email address where Oireachtas members can contact them directly oireachtas@cru.ie.

My Department has responsibility for the postal sector, including the governance of An Post, to ensure that the company is fully compliant with the code of practice for the governance of State bodies and the governance functions included in the statutory framework underpinning An Post. While the management of company finances are a matter for the Board and Management of An Post,  I, as Shareholding Minister, am kept informed on developments and the company's capacity to deliver on its strategy.

My officials have quarterly meetings with An Post and these meetings are also attended by officials from the Department of Finance, Department of Public Expenditure and Reform and NewERA. The finances of the company are a standing item on the agenda for the quarterly meetings.

The company's finances are a key consideration in requests for Ministerial consent and my officials engage in detail with colleagues in the Departments of Finance and Public Expenditure and Reform and seek the advice of NewERA in all such matters.

My officials also have regular meetings with ComReg in the context of ComReg’s role as regulator for the postal sector and the company's financial capacity to deliver on its regulated functions.

The new regulations on the sale of solid fuels for domestic heating in Ireland came into operation on 31 October 2022. They have introduced minimum standards that apply across all solid fuels, to ensure that the most polluting can no longer be made available on the Irish market and to assist the public in transitioning to less polluting alternatives.The regulations allow those with turbary rights to continue to cut turf for their own use and to gift or sell turf to others. While traditional, local and customary practices may continue, the regulations prohibit the sale of turf by way of the internet or other media, or from a retail premises, including shops, garages and filling stations, fuel yards, public houses and other public places including markets.

I have visited County Clare on two occasions in both my capacity as Minister for the Environment, Climate and Communications and Minister for Transport. Details of my visits are set out in the table below:

I propose to take Questions Nos. 68 and 70 together.

As Minister for Transport I have responsibility for overall policy and funding in relation to the national roads programme. Under the Roads Acts 1993-2015, the operation and management of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. Therefore, matters relating to the day to day operations regarding national roads, including toll roads and the establishment of a system of tolls, are within the remit of TII.  More specifically, the statutory power to levy tolls, to make toll bye-laws and to enter into agreements with private investors are vested in TII under Part V of the Roads Act 1993 (as amended).

With regard to the payment mechanism associated with toll operations, it is a contractual obligation which incorporates a traffic guarantee mechanism. Therefore, the contracts for the privately-operated toll schemes are commercial agreements between TII and the Public Private Partnership (PPP) concessionaires concerned.

Noting the above position, I have referred the question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.

My Department has not paid any fines for non-transposition of EU Directives into Irish law during the years 2020, 2021, and to date in 2022.

An EU Coordination Unit within my Department is responsible for engaging with the EU Commission on issues relating to transposition of EU law where the Department of Transport has lead responsibility.  This Unit reports on a regular basis to the Management Board and Ministerial Management Board of the Department on matters related to EU legislation, including infringement cases initiated by the European Commission and transpositions of adopted Directives.

My Department continues to put in place the necessary measures to improve the transposition, implementation and enforcement of EU transport law in Ireland.

I propose to take Questions Nos. 71 and 76 together.

Ireland’s taxation of fuel is governed by European Union law as set out in Directive 2003/96/EC, commonly known as the Energy Tax Directive (ETD). The ETD prescribes minimum tax rates for fuel with which all Member States must comply. There are three national legislative frameworks which provide for the charging of excise duty on different fuel types in the State. Firstly, ETD provisions in relation to liquid fuels used for motor or heating purposes are transposed into national law in Finance Act 1999. This law provides for the application of excise duty in the form of Mineral Oil Tax (MOT) to liquid fuels. It also provides for the application of MOT to natural gas used for propellant purposes, referred to as Mineral Oil Tax on Vehicle Gas (MOTVG). Secondly, Natural Gas Carbon Tax (NGCT) law, as set out in Finance Act 2010, provides for the taxation of natural gas used for non-propellant purposes. Finally, regarding solid fuel, the ETD mandates that coal be subject to taxation. Finance Act 2010 provides for Solid Fuel Carbon Tax (SFCT) to apply to coal and also to peat and peat products.

MOT is comprised of a non-carbon component and a carbon component with the carbon component being commonly referred to as carbon tax. The non-carbon component of MOT is often referred to as “excise”, “fuel excise”, “fuel tax” or “fuel duty” but it is important to note that both components are part of MOT which is an excise duty. NGCT and SFCT are also excise duties, but they are “pure” carbon taxes in that they do not comprise any non-carbon component. MOT, NGCT and SFCT rates are published on the Revenue website at www.revenue.ie/en/tax-professionals/tdm/excise/excise-duty-rates/energy-excise-duty-rates.pdf.

Under MOT law, the carbon component of MOT is fully relieved for liquid biofuels and biogas that are produced from biomass. Section 94 of finance Act 1999 defines biomass as the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste. Where a liquid biofuel, or a biogas, meets the criteria of being produced entirely from biomass, it is liable for the non-carbon component of MOT only, i.e. no carbon tax applies. With regard to blended fuels produced partially from biomass, the relief applies to the portion of fuel that meets the biofuel criteria set out in MOT legislation.

As already mentioned, biogas used for propellant purposes qualifies for relief from the MOT carbon component. Natural gas used for non-propellant purposes is subject to NGCT. However, biogas used in place of natural gas for non-propellant purposes falls outside the scope of NGCT meaning that it is not subject to fuel taxation, i.e. no carbon tax applies.

With regard to SFCT, a partial relief is available for biomass products. For the purposes of SFCT, biomass products are defined as any solid fuel product with a biomass content of 30 per cent or more. The rate of SFCT relief depends on the biomass proportion of the product and full details are published on the Revenue website at www.revenue.ie/en/companies-and-charities/excise-and-licences/energy-taxes/solid-fuel-carbon-tax/rate-of-tax.aspx

The biofuel reliefs and exclusions from MOT carbon tax, NGCT and SFCT are intended to promote a higher level of biofuel usage for motor and heating purposes and support Government’s commitment to incentivising more environmentally friendly alternatives to fossil fuels. The carbon tax reliefs and exclusions result in biofuels that are subject to SFCT being partially insulated from the ten-year trajectory of carbon tax increases which was introduced in Finance Act 2020. With regard to MOT and NGCT, biofuels are not impacted by the ten-year trajectory. This means that as annual carbon tax increases are implemented, the differential in tax costs between biofuels and fossil fuels will continue to widen, further incentivising the uptake of biofuels.

I can confirm that new businesses will be eligible for the Temporary Business Energy Support Scheme. It is accepted that, in some cases, a business may not have an electricity bill or gas bill for the reference period because the energy account or gas connection either did not exist at the time, or was not held by the business during the particular reference period. This may happen where a business is newly established, has acquired a new electricity account/ MPRN or gas connection/ GPRN, or has moved premises.

A deemed monthly reference unit price is to be made available by the Sustainable Energy Authority of Ireland (based on data provided by suppliers and the Commission for Regulation of Utilities) where a business does not have an electricity or gas bill for the reference period. This deemed reference unit price should be used as part of the calculations to determine eligibility for the scheme.

On 1 August 2014, the Single European Payment Area (SEPA) Regulation came into effect for all payment service providers (PSPs) and payment service users (PSUs) in the EU. Under the SEPA Regulation, it is illegal for PSPs and PSUs to refuse to accept any SEPA International Bank Account Number (IBAN) when making or receiving payments. The legislation governing these matters is contained in EU Regulation 260/2012 (the 'SEPA Regulation') and Statutory Instrument No. 132 of 2013 (‘the Irish SEPA Regulations’), which gave effect to the SEPA Regulation in Ireland.

In Ireland, there are two National Competent Authorities (NCA) for the purposes of ensuring compliance with the SEPA Regulation and the Irish SEPA Regulations. The Central Bank of Ireland is the NCA in the State except in cases involving consumers and traders (such as a utility provider), the Competition and Consumer Protection Commission (CCPC) is the competent authority.

It should be noted that the case outlined in this question falls under the remit of the CCPC.

However, the Central Bank has confirmed that the outright refusal to accept a SEPA IBAN for the purposes of establishing a direct debit in the EU is prohibited by Article 9(2) of the SEPA Regulation, which provides:

“A payee accepting a credit transfer or using a direct debit to collect funds from a payer holding a payment account located within the Union shall not specify the Member State in which that payment account is to be located, provided that the payment account is reachable in accordance with Article 3.”

The Central Bank takes the practice of IBAN discrimination very seriously as it undermines the objectives of the SEPA initiative by creating barriers to the smooth functioning of payments processing in the EU, which we believe can cause consumer detriment. Within its scope of competence, the Central Bank is responsible for monitoring compliance with the SEPA Regulation and taking all necessary measures to ensure compliance.

The Central Bank actively investigates and responds to all SEPA complaints that are directly reported to it, and which fall under its remit. Complaints can be made directly to the Central Bank’s Public Contacts Unit by email at enquiries@centralbank.ie, or by telephone on either 0818 681 681 or +353 (1) 224 5800.

Cases should as this involving consumers and traders should be reported to the CCPC on Lo-call 01 402 5555.

At the outset, it is important to note that neither I, nor the Central Bank of Ireland, can direct the pricing or provision of insurance products, as this is a commercial matter which individual companies assess on a case-by-case basis. This position is reinforced by the EU Single Market framework for insurance (the Solvency II Directive).

Ultimately, the conditions and factors that determine what a motor insurance policyholder will be entitled to claim from their insurance provider in the event an insured vehicle is stolen will be set out in the terms of the insurance policy contract. This is not a matter that I can get involved in, as contracts will differ between firms and it is the responsibility of a policyholder to familiarise themselves with these terms at the time of purchase.

My officials consulted Insurance Ireland on this matter and Insurance Ireland stated that it is difficult to comment on individual examples. Insurers have to comply with their obligations under the Consumer Protection Code (CPC). Point 7.15 of the CPC states “A regulated entity must ensure that any claim settlement offer made to a claimant is fair, taking into account all relevant factors, and represents the regulated entities best estimate of the claimants reasonable entitlement under the policy.” Insurers are obliged to process any claim in an efficient manner and if the policyholder is not happy with either the processing or outcome of a claim they can make a complaint following the established insurer complaints procedures and escalate to Financial Services and Pensions Ombudsman (FPSO) if necessary.

When considering claims for the total loss of a vehicle, insurers adhere to the principle of indemnity, whereby a person who has suffered a loss is restored, as far as possible, to the same financial position that he/she was in immediately prior to the loss, subject to any contractual limitations i.e. it is not possible to make a profit from an insurance policy.

It may be useful for the Deputy to know that Insurance Ireland operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance cover, which can be accessed at feedback@insuranceireland.eu. Where somebody feels they have been treated unfairly by a particular insurance provider, they have the option of making a complaint to the Financial Services and Pensions Ombudsman (FSPO). The FSPO acts as an independent arbiter of disputes that consumers may have with their insurance company or other financial service provider. The FSPO can be contacted either by email at info@fspo.ie or by telephone at 01-567-7000.

My officials participate in quarterly meetings of an interdepartmental group, chaired by officials from the Department of the Environment, Climate and Communications, which also includes officials from the Department of Public Expenditure and Reform, NewERA and the CEO and senior management of An Post.

My officials have also met with the CFO of An Post in April and September this year in relation to the €30 million loan, which I provided to An Post in December 2017, in support of its restructuring plan. On foot of NewERA having been given a statutory role under the NTMA Acts in 2018 in advising Ministers my officials also engage with NewERA from time to time in relation to An Post.

There have been no official visits by the Minister for Finance to County Clare since the Government took office.

The Department of Public Expenditure and Reform has not incurred any EU fines for failure to transpose EU Directives since the Department was established in 2011. The Department has received a notification of infringement from the Commission related to the transposition of Directive (EU) 2019/1937 on the protection of persons who report breaches of EU law. At the time the notification was received, the Protected Disclosures (Amendment) Bill, which would give effect to the transposition, had been published and was before the Houses of the Oireachtas.

Since the receipt of this notification, the Bill has completed passage through the Oireachtas and was signed into law – as the Protected Disclosures (Amendment) Act 2022 – by the President on 21 July 2022. Following enactment, the Department has formally communicated the passage of the transposing legislation to the Commission. The new legislation will commence in full on 1 January 2023.

In response to the Deputy's question I have not visited County Clare in my capacity as Minister for Public Expenditure and Reform since I was appointed in June 2020.

I have, however, visited Clare on a number of occasions during the same period in a personal capacity. These visits, while informal in nature, have been very beneficial in enhancing my understanding of the challenges and opportunities in the County.

I am advised that my Department is not currently paying any fines in respect of the transposition of EU law, and has not incurred any such costs during the period specified by the Deputy.

Section 33 of the Broadcasting Act 2009 ('the Act') provides that the Broadcasting Authority of Ireland (BAI) may impose a levy on broadcasters for the purposes of meeting the cost of fulfilling their functions ('the broadcasting levy'). The design and implementation of the broadcasting levy is matter for the Broadcasting Authority of Ireland as an independent regulatory body.

The Online Safety and Media Regulation (OSMR) Bill 2022, which is currently before the Oireachtas, will dissolve the BAI and established a new body, Coimisiún na Meán, to oversee the regulatory framework for broadcasting, video-on-demand services and online safety set out in the Bill.

The new body will be funded by a levy which will be placed on all regulated entities, including broadcasters, which will ultimately replace the broadcasting levy. Specifically, section 7 of the OSMR Bill will substitute a new section 21 of the Act, which will provide the legal basis for Coimisiún na Meán to prepare and impose the levy or levies. Under that section, each category of regulated entity will be required to contribute proportionally to the cost of the functions relating to that category.

Community broadcasters will be exempt from the levy, which is not the case with the existing broadcasting levy. However, I do not intend to provide for an exemption for the commercial broadcasting sector. One of the important principles underpinning our regulatory framework for media services is that regulated entities contribute to the cost incurred to regulate them.

Under the transitional provisions of the OSMR Bill, the existing broadcasting levy will remain in place until it is replaced by a levy made under section 21 of the Act (as substituted by the Bill), but only insofar as it is required to fund the broadcasting-related activities of Coimisiún na Meán.

Section 36 of the OSMR Bill will confer the power on the Minister for Media to pay a portion of receipts from television licence fees to Coimisiún na Meán up to a maximum of 50% of the expenditure of An Coimisiún. The payment of television licence fee receipts to Coimisiún na Meán could be used to defray part of the costs of the levy on regulated entities. However, it is important to point out that any reduction in the levy would need to be applied proportionality across all regulated entities, and not just television and radio broadcasters. In addition, the payment of television licence fee receipts to Coimisiún na Meán would firstly be contingent on the overall level of receipts in any given year, and furthermore may result in a reduction in the funding available to RTÉ and the Broadcasting Fund, which is used to fund the Sound and Vision and Archive Schemes.

A reduction in the broadcasting levy is not the only way to support the independent radio sector. At present, a number of schemes are available to the sector:

- the Sound and Vision Scheme operated by the BAI; and,

- in Budget 2023, I secured €6 million for the establishment of the Media Fund. This will initially fund two schemes, a Local Democracy Reporting Scheme and Court Reporting Schemes which will be administered by Coimisiún na Meán on a platform-neutral basis.

In addition to the 7% of net licence fee receipts which is used to fund Sound and Vision Scheme, I have allocated an additional €25.4 million in Exchequer funding to the Scheme since 2020. Over that period the Scheme has ring-fenced €5 million for independent radio and €1.2 million for community radio to be distributed through dedicated funding rounds. Any open rounds of the Scheme were also open to the independent radio sector.

Section 33 of the Broadcasting Act 2009 ('the Act') provides that the Broadcasting Authority of Ireland (BAI) may impose a levy on broadcasters for the purposes of meeting the cost of fulfilling their functions ('the broadcasting levy'). The design and implementation of the broadcasting levy is matter for the Broadcasting Authority of Ireland as an independent regulatory body.

The Online Safety and Media Regulation (OSMR) Bill 2022, which is currently before the Oireachtas, will dissolve the BAI and established a new body, Coimisiún na Meán, to oversee the regulatory framework for broadcasting, video-on-demand services and online safety set out in the Bill.

The new body will be funded by a levy which will be placed on all regulated entities, including broadcasters, which will ultimately replace the broadcasting levy. Specifically, section 7 of the OSMR Bill will substitute a new section 21 of the Act, which will provide the legal basis for Coimisiún na Meán to prepare and impose the levy or levies. Under that section, each category of regulated entity will be required to contribute proportionally to the cost of the functions relating to that category.

Community broadcasters will be exempt from the levy, which is not the case with the existing broadcasting levy. However, I do not intend to provide for an exemption for the commercial broadcasting sector. One of the important principles underpinning our regulatory framework for media services is that regulated entities contribute to the cost incurred to regulate them.

Under the transitional provisions of the OSMR Bill, the existing broadcasting levy will remain in place until it is replaced by a levy made under section 21 of the Act (as substituted by the Bill), but only insofar as it is required to fund the broadcasting-related activities of Coimisiún na Meán.

Section 36 of the OSMR Bill will confer the power on the Minister for Media to pay a portion of receipts from television licence fees to Coimisiún na Meán up to a maximum of 50% of the expenditure of An Coimisiún. The payment of television licence fee receipts to Coimisiún na Meán could be used to defray part of the costs of the levy on regulated entities. However, it is important to point out that any reduction in the levy would need to be applied proportionality across all regulated entities, and not just television and radio broadcasters. In addition, the payment of television licence fee receipts to Coimisiún na Meán would firstly be contingent on the overall level of receipts in any given year, and furthermore may result in a reduction in the funding available to RTÉ and the Broadcasting Fund, which is used to fund the Sound and Vision and Archive Schemes.

A reduction in the broadcasting levy is not the only way to support the independent radio sector. At present, a number of schemes are available to the sector:

- the Sound and Vision Scheme operated by the BAI; and,

- in Budget 2023, I secured €6 million for the establishment of the Media Fund. This will initially fund two schemes, a Local Democracy Reporting Scheme and Court Reporting Schemes which will be administered by Coimisiún na Meán on a platform-neutral basis.

In addition to the 7% of net licence fee receipts which is used to fund Sound and Vision Scheme, I have allocated an additional €25.4 million in Exchequer funding to the Scheme since 2020. Over that period the Scheme has ring-fenced €5 million for independent radio and €1.2 million for community radio to be distributed through dedicated funding rounds. Any open rounds of the Scheme were also open to the independent radio sector.

Tá obair idir lámha ag Údarás na Gaeltachta faoi láthair ar mhaithe le treisiú a dhéanamh ar chur chun cinn na Gaeilge i measc a chliantchuideachtaí. Tá sé seo á dhéanamh mar thaca d'fheidhmiú rathúil an phróisis pleanála teanga agus mar chuid den obair atá idir lámha acu le cúram a dhéanamh d'fheidhmiú a straitéis cúig bliana féin don tréimhse 2021-2025.

Mar chuid den obair sin trí chéile tuigtear don Roinn gur dáileadh ceistneoir le gairid chuig gach cuideachta agus tá iarrachtaí déanta agus á ndéanamh leis na fostóirí agus na fostaithe a spreagadh le heolas agus tuairimí a roinnt maidir lena riachtanais teanga agus na tacaíochtaí a bheadh úsáideach dóibh, bíodh sé sa láthair oibre nó sa phobal ina bhfuil siad lonnaithe.

Tuigtear don Roinn chomh maith go dtiocfaidh deireadh leis an gcomhairliúcháin sin ar 18 Samhain - tráth a ndéanfar anailís ar thorthaí an tsuirbhé i dtreo an t-aiseolas a bhailítear a úsáid mar bhunús plean gnímh le gur féidir leis an Údarás tacú lena gcliantchuideachtaí an Ghaeilge a chur chun cinn.

Maidir leis an straitéis thuasluaite de chuid an Údaráis leagtar amach fís don Ghaeltacht ann mar réigiún cruthaitheach, nuálach agus inmharthana. Le feidhmiú na straitéise sin - agus an bearta thuasluaite mar chuid den fheidhmiú - tá sé mar aidhm ag an Údaras na réigiúin Ghaeltachta a chur chun cinn mar cheantair atá tarraingteach le maireachtáil ann agus mar cheantair a bhfuil deiseanna fostaíochta den chéad scoth ar fáil iontu.

Tagann sé seo trí chéile le haidhmeanna foriomlána Phlean Ghníomhaíochta an Rialtais don Ghaeilge 2018-2023 atá á chur chun feidhme ar bhonn tras-rannach mar thaca breise d'fheidhmiú na Straitéise 20 Bliain don Ghaeilge 2010-2030.

Mar an tAire le freagracht as an nGaeltacht agus an nGaeilge, mar aon leis na Meáin, tuigim go maith an ról tábhachtach atá ag earnáil na meán i gcur chun cinn agus forbairt leanúnach na Gaeilge agus i seachadadh Straitéis 20 bliain don Teanga.

Fuair mé maoiniú breise €7.3m do TG4 le haghaidh 2023, a thabharfaidh a leithdháileadh iomlán suas go €52.233m. Seo an t-ardú bliantúil is mó riamh a cuireadh ar fáil do TG4, agus tógann sé san áireamh €4m breise sa mhaoiniú a mhol an Coimisiún um Thodhchaí na Meán. Ina theannta sin, cuirtear san áireamh sa leithdháileadh méadaithe Straitéis Iar-COVID-19 TG4 lena n-áirítear an sprioc chun cainéal Gaeilge tiomnaithe a bhunú do leanaí, a bhfuil €3.3m á sholáthar dó.

Maidir le S4C a úsáid mar chomparadóir maoinithe do TG4, tá ról reachtúil ag Údarás Craolacháin na hÉireann maidir le riachtanais mhaoinithe bhliantúla TG4 a mholadh, agus lean mé na moltaí sin. Go fadtéarmach, cuirfear na moltaí i dTuarascáil an Choimisiúin um Thodhchaí na Meán san áireamh i maoiniú amach anseo do na meáin chumarsáide seirbhíse poiblí in Éirinn, lena n-áirítear TG4. Chun aitheantas a thabhairt do thábhacht na Gaeilge agus do chastacht na mbealaí is fearr chun í a chur chun cinn, mhol an Coimisiún gur cheart athbhreithniú cuimsitheach ar sholáthar na Gaeilge a dhéanamh. Aontaím go láidir leis an moladh seo agus tá sé beartaithe go gcuirfidh an rialtóir nua, Coimisiún na Meán, tús leis an athbhreithniú in 2023.

The Sports Capital and Equipment Programme (SCEP) is the primary vehicle for Government support for the development of sports and recreation facilities and the purchase of non-personal sports equipment throughout the country. Over 13,000 projects have now benefited from sports capital funding since 1998, bringing the total allocations in that time to over €1.15 billion. The Programme for Government commits to continuing the SCEP and to prioritising investment in disadvantaged areas.

The 2020 round of the SCEP closed for applications on Monday 1 March 2021 and by the deadline a record 3,106 applications were submitted.

Approximately one thousand of the submitted applications were for 'equipment-only' projects. These applications were assessed first and grants with a total value of €16.6 million were announced on 6 August, 2021. The remaining capital applications were then assessed and 1,865 individual grant offers with a total value of over €143.8 million were announced on Friday 11 February 2022.

Unsuccessful applicants were able to appeal the Department's decision. The deadline for submission of capital appeals was Monday 4 April and 146 appeals were received. Consequent allocations on foot of successful appeals amounting to €6.14 million were announced on Tuesday 31 May. The total allocation of €150 million for capital projects, and €166.6 million for the 2020 round in total, represents the highest level of allocation ever made under the SCEP.

The priority in the short term is to advance the successful applications, which number almost 2,900, under the 2020 round to "formal approval" and grant drawdown stage. This requires detailed, ongoing engagement with all grantees.

Following completion of the appeal process, my Department commenced a full review of all aspects of the 2020 round of the SCEP. A draft of the Review has now been complete and I expect to be in a position to publish it shortly. Following publication of the Review, I will announce the exact timing of the next round in the coming weeks. It is hoped to have the actual application process open early in the new year.

Faoi mar a chur mé in iúl roimhe seo i gCeist Pharlaiminte 47572/22, rinne mé plean teanga an Limistéir Pleanála Teanga Gaeltachta: Bearna agus Cnoc na Cathrach a fhaomhadh faoin bpróiseas pleanála teanga i mí Bealtaine 2021.

I mí Meithimh na bliana seo, d’fhógair Údarás na Gaeltachta go rabhthas ag lorg áisitheora chun tacú leis an eagraíocht an próiseas pleanála teanga a thabhairt céim chun cinn san LPT seo.

Ceapadh duine i mí Iúil chun seirbhísí áisitheoireachta, meantóireachta agus comhairleoireachta a chur ar fáil d’ionadaithe Choiste Pleanála Teanga Bhearna agus Chnoc na Cathrach le cuidiú le baill an choiste an pobal a mhealladh agus a spreagadh le bheith páirteach sa bpróiseas agus le tacú leo struchtúr foirmiúil a bhunú leis an bplean teanga atá ceadaithe don limistéar a fheidhmiú.

Chuir mé in iúl roimhe seo go bhfuil siúl ag Údarás na Gaeltachta go mbunófar struchtúr foirmeálta sa Limistéar agus go bhfógrófar post d’Oifigeach Pleanála Teanga roimh dheireadh na bliana. Tuigtear dom go bhfuil na céimeanna cuí á nglacadh chun seo a chur i gcrích.

Details of my diary appointments are published on my Department's website . I can confirm that I have visited County Clare on two occasions in my capacity as Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media. The details of these visits are set out in the table below.

The Sports Capital and Equipment Programme (SCEP) is the primary vehicle for Government support for the development of sports and recreation facilities and the purchase of non-personal sports equipment throughout the country. Over 13,000 projects have now benefited from sports capital funding since 1998, bringing the total allocations in that time to over €1.15 billion. The Programme for Government commits to continuing the SCEP and to prioritising investment in disadvantaged areas.

Details of all applications on a county basis under the latest round of the SCEP can be found here:-

www.gov.ie/en/collection/b62b8-sports-capital-and-equipment-programme-2020-applications/

A list of all allocations under all recent rounds of the SCEP are also published on a county basis on my Department's website at:-

www.gov.ie/en/collection/471ed5-sports-capital-allocations/. The total amount allocated to projects in Clare under the latest (2020) round of the SCEP alone amounted to over €5.19 million.

An application for compensation under the Cessation of Turf Cutting Compensation Scheme (CTCCS) administered by my Department was received on 18th May 2012 from the individual referred to in the Deputy’s question.

The qualification criteria for the scheme are that:

- The applicant must have had a legal interest/ownership or a Turbary Right (right to cut turf) in one of the 53 Raised Bog Special Areas of Conservation (SAC) on the 25th of May 2010 and must have had the right to cut and remove turf from that property on that date.

- The applicant must have been cutting turf on the said land in question during the qualifying five year period up to 31st December 2011.

- The turf resource has not been exhausted.

- No turf cutting or associated activity is ongoing on the property.

To assist my Department in assessing the application for compensation under the scheme, correspondence was issued to the applicant on 7th April 2014, 21st October 2019 & 20th November 2019 requesting further information. To date, my Department has not received any further information from the applicant. The correspondence is being re-issued to the applicant and upon receipt of the information requested, further assessment of the application can be undertaken.

Lough Carra is the largest marl lake in Ireland and is part of the Great Western Lakes complex. It covers over 1,500 hectares and is joined to Lough Mask by the Keel River. It has many islands and a shoreline of bays and promontories, all on a bedrock of limestone. The lake is an internationally important scientific and nature conservation site, largely in state ownership and it is designated a Special Area of Conservation and a Special Protection Area.

The National Parks and Wildlife Service of my Department has very recently purchased additional lands (approx 67 acres) in the area, consolidating the State’s landholding at Moorehall/Lough Carra, which will be managed for nature conservation and a public amenity.

My Department’s Foreshore Unit operates the consenting regime under the Foreshore Act 1933, managing the regulation of a range of different marine activities and infrastructural developments.

The Foreshore Act 1933, as amended, requires that a lease or licence must be obtained for any activity on State-owned foreshore, which represents the greater part of the foreshore. The Act provides for the issuing of licences or leases which are in the public interest. Details of applications and determinations made by the Minister under the Act are on my Department's website gov.ie - Foreshore applications (www.gov.ie)

Details of all of the applications that have been received that relate to the area of the foreshore referred to are set out below. These applications are at various stages of the assessment process. Those that are not currently available on my Department's website will shortly be published as they commence the statutory assessment process.

I have visited County Clare twice, in an official capacity, and look forward to visiting the area again. I was pleased to officially launch 153 new homes at Miltown Malbay and Ennis on Monday 24th October 2022. I had several engagements in Ennis and Broadford on Friday 27th August 2021 including a meeting with the CEO of Clare County Council, the official opening of a maintenance building at Ennis Fire Station, meetings with homeowners affected by mica and pyrite, a visit to the Ashline Housing Scheme and a meeting with community representatives from Broadford on the provision of a Wastewater Treatment Plant in the village.

The locations visited are attached.

I thank the Deputy for bringing this matter to my attention. I assure him that my Department takes this information very seriously. Given the private and sensitive nature of the issues raised, I will not refer to the specifics of this case here.

Following security normalisation in Northern Ireland, the Secretary of State has not appointed an Independent Assessor of Military Complaints Procedures whose role it is to review complaints against the actions of the British Army in Northern Ireland. Therefore, it appears that the most appropriate route, in the first instance, for the individual concerned, would be to make contact with the Victims and Survivors Service of Northern Ireland.

I invite the Deputy to contact my office if he receives any further details relating to this case.

Respect for human rights is an integral part of Ireland’s foreign policy and we consistently seek to raise our concerns on human rights issues through the most appropriate and effective channels.

Officials from my Department have raised concerns over the human rights situation in Bahrain directly with the Bahraini authorities, including the detention of political prisoners and conditions in prisons.

Ireland also engages on the issue of human rights in Bahrain as a member of the European Union. At the most recent EU-Bahrain Human Rights Dialogue on 27 October 2022, issues of concern raised by the EU included freedom of expression, prison conditions, right to a fair trial, and the death penalty. The EU Special Representative for Human Rights, Eamon Gilmore, has made representations to the Bahraini authorities on the detention of a number of individuals.

At the most recent Universal Periodic Review of Bahrain at the Human Rights Council in Geneva on 7 November 2022, Ireland urged Bahrain to uphold freedom of religion and belief for all persons including members of the Shia community; we regretted the reintroduction of the death penalty in 2017 following a moratorium of several years; and we urged Bahrain to carry out independent and prompt investigations into all allegations of torture or other forms of ill-treatment and ensure that perpetrators are brought to justice.

We also recommended the immediate release of all individuals who have been arbitrarily arrested, and for the creation of a safe and enabling environment for civil society organisations and human rights defenders.

Ireland will continue to monitor developments in Bahrain, and calls on the Bahraini Government to deliver on its stated commitment to make progress in relation to human rights.

The promotion and protection of universal human rights is a cornerstone of Irish foreign policy. Ireland has consistently engaged with Pakistan on human rights issues both bilaterally and multilaterally. In the context of our bilateral relationship, Ireland’s Ambassador to Pakistan visited Pakistan last week and discussed human rights issues with a number of Pakistani governmental officials. Earlier in February 2021, she also met with Pakistan’s then Federal Minister for Human Rights, Ms. Shireen Mazari.

At an EU level, the EU Special Representative for Human Rights, Mr. Eamon Gilmore met with Minister Mazari in February 2022, as part of a visit to reaffirm the centrality of human rights in the EU-Pakistani relationship.

Most recently, at the EU-Pakistan Joint Commission in October 2022, both sides discussed civil and political rights, the rights of persons belonging to minorities and vulnerable groups, freedom of religion or belief, the role of civil society organisations, and reforms related to the application of the death penalty. Ireland will continue to contribute actively to the development of EU policies towards Pakistan.

With regard to the specific application about which the Deputy has enquired, this application is within the current turnaround time and has not yet reached its issue-by date.

Table 1

My Department has not paid any EU fines within the specified timeframe..

As the Deputy will be aware, the Constitution and the Defence Acts enshrine the governance of the Defence sector. Under the provisions of the Defence Act, members of the Permanent Defence Force are prohibited from being members of a political organisation and members of the Reserve Defence Force are prohibited from political activities when called out on permanent service or when deployed on supplemental military service.

Sections 264 to 267 of this Act provide that it shall be an offence for any person (not being a member of the Defence Forces) to wear, without permission granted by or on behalf of the Minister for Defence, any uniform of the Defence Forces or any colourable imitation thereof. It also prohibits unauthorised persons to wear the uniform or any additional articles of the uniform, such as badges, insignias, and ribbons; or additionally to supply any uniform or article to another unauthorised person.

The Defence Act 1954, as amended, also prohibits the unlawful sale or purchase of military property, including uniforms, in Ireland.

The Act provides that a person found guilty by the Courts of an offence under these sections shall be liable on summary conviction to a fine of up to €1,270 or to a term of imprisonment, or both.

Defence Forces Regulation (DFR) A9 “Dress and Medals” governs the wearing of the uniform and provides that serving personnel shall have regard for the dignity of the uniform and avoid actions or places which might bring the uniform into disrepute. While DFR A9 governs serving members, Administrative Instruction A9 states that the wearing of any item of uniform when no longer serving, is forbidden except when specifically authorised by the Deputy Chief of Staff (Support).

The Defence Forces recognises the need to ensure that the societal changes being witnessed in Ireland are reflected in the Defence organisation. The 2016 Defence Forces current Diversity and Inclusion Strategy Statement and Action Plan outlines the Defence Forces approach to diversity and inclusion across the various strands of its activities. More recently, the report from the Commission on the Defence Forces underlined the need for the Defence Forces to continue to embrace diversity and there are a number of recommendations in the report on this matter.

The Deputy may be aware that the Defence Forces have a Social Media Policy in place and personnel in breach of this policy are subject to disciplinary action, in accordance with Military Law.

There have been no EU fines paid by the Department of Education for the years 2020 or 2021. No EU fines have been paid in 2022 to-date and no such payments are anticipated for the rest of the year.

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the last school year over 121,400 children, including over 15,500 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €289m in 2021.

In July 2022, Government announced funding for the waiving of school transport scheme fees for the coming school year as part of a wider package of cost of living measures.

Ticket registration for the 2022/23 school year closed on 29 July by which time almost 130,000 applications/registrations were received for mainstream school transport. This figure includes 44,299 new applications as well as roll-overs from the previous school year.

All children who are eligible for school transport and who have completed the application process on time are accommodated on school transport services where such services are in operation. In addition, pending completion of the outcome of the full review of the School Transport Scheme, Temporary Alleviation Measures at post-primary level have continued for the 2022/2023 school year. Under these measures, transport will provided for post-primary pupils who are eligible for transport to their nearest school and are attending their second nearest school and who applied by the 29th April and registered for a ticket by the 29th July.

As part of the budgetary process, some additional funding has been approved for the scheme which has allowed officials in the Department of Education, in consultation with Bus Éireann, to consider and evaluate where additional capacity may be available. Bus Éireann have been prioritising areas where there were “on time concessionary pupils” who had tickets previously.

It is important to stress that this is subject to capacity considerations. Constraints in sourcing vehicles and drivers in certain areas of the country may also mean that it may take a number of weeks to explore solutions for additional capacity.

I can confirm that my Department recently received an application for capital funding, under the Additional School Accommodation (ASA) scheme, from the school authority referred to by the Deputy.

The purpose of the ASA scheme is to ensure that essential mainstream classroom and Special Education Needs (SEN) accommodation is available to cater for pupils enrolled each year, where the need cannot be met by the school’s existing accommodation.

On completion of the assessment process, the school authority will be contacted directly with a decision.

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 121,400 children, including over 15,500 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €289m in 2021.

The purpose of the Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

The National Council for Special Education through its network of Special Education Needs Organisers (SENOs) acts in an advisory role to my Department on the suitability of placements for children with special educational needs.

Eligibility is determined following consultation with the National Council for Special Education through its network of Special Education Needs Organisers (SENO).

The request for an individual service on behalf of the child referred to by the Deputy has been received by the School Transport Section of my Department for consideration. School Transport Section are currently reviewing this request and will liaise with the family directly with regard to this matter.

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

I propose to take Questions Nos. 106 and 108 together.

There have been significant developments over the past decade in Irish language curriculum provision for learners in post-primary schools.

As with all curriculum development work undertaken by the National Council for Curriculum and Assessment (NCCA), the development of subject specifications is carried out by representative development groups. The Subject Development Group (Meitheal Forbartha) for Junior Cycle Irish and for Leaving Certificate Irish both comprised a range of key stakeholders with expertise and experience in the learning, teaching and assessment of Irish, including practising teachers of Irish.

In relation to Junior Cycle, following extensive consultation, L1 (Language 1) and L2 (Language 2) Irish specifications were introduced in schools in 2017 as part of Phase 3 of the roll out of the Framework for Junior Cycle (2015). This was the first time discrete Irish language curricular provision was made, in response to stakeholder feedback, for student learning Irish in Irish-medium and in English-medium post-primary schools. All students who started Junior Cycle from Autumn 2017 onwards are learning Irish as laid out in these new specifications.

Responding to requests received from stakeholders through the recent consultation on draft L1 and L2 specifications for Leaving Certificate Irish, the NCCA Council decided to undertake a review of the early enactment of Irish, L1 and L2, in Junior Cycle. Accordingly, I understand that a report on the early enactment of Irish, L1 and L2, in Junior Cycle is currently being finalised by the NCCA.

The current Leaving Certificate Irish curriculum was introduced to schools in 1995. The NCCA commenced work to develop Leaving Certificate Irish Specifications for L1 and L2 in December 2018. A consultation on draft specifications was opened in February 2021. In response to stakeholder feedback and requests, the closing date for this consultation was extended to the end of November 2021. I am advised that a draft report on those consultations was presented to the NCCA Board for Senior Cycle at its meeting on 1 June and to NCCA Council on 16/17 June and I expect to receive the finalised report in December.

The development of students’ skills in Irish language spoken production and interaction is central to the curricular specifications for Irish at all levels. The specifications espouse an integrated approach to the development of all language skills. It is worth noting that the specifications for Irish at Junior Cycle ensures all students have opportunity to engage in the assessment of their competence in spoken Irish, as well as the other language skills.

Following extensive consultation, L1 (Language 1) and L2 (Language 2) Irish specifications for Junior Cycle were introduced in schools in 2017 as part of Phase 3 of the roll out of the Framework for Junior Cycle (2015). This was the first time discrete Irish language curricular provision was made, in response to stakeholder feedback, for student learning Irish in Irish-medium and in English-medium post-primary schools. All students who started Junior Cycle from Autumn 2017 onwards are learning Irish as laid out in these new specifications.

The assessment of skills in spoken Irish forms an integral component of the overall language learning experience and occurs in a number of ways. As well as the completion of tasks where students use and demonstrate their oral language skills to achieve specific learning outcomes, their oral language skills are also formally assessed through Classroom-Based Assessments (CBAs), the second of which is entirely based on students’ oral language competence. The CBA is linked to ongoing classroom exchanges and represents a more authentic reflection of students’ interests and competence levels in Irish. Importantly, the oral skills of all students are now assessed in CBAs and formally reported upon in each students’ Junior Cycle Profile of Achievement. Unlike the previous reporting format in which candidates receive one overall grade based on their achievement in Irish in the Junior Certificate, whether they undertake the optional oral or not, the Junior Cycle Profile of Achievement allows students’ achievement in the CBAs to be recorded independently of the result in the state-certified examination.

Additionally, it is worth noting the previous oral examination in the Junior Certificate was optional and was taken by approximately 40% of students, and was generally assessed by their teachers. The new assessment arrangements on the other hand require all students to engage in an assessment of their oral skills through the CBA.

Responding to requests received from stakeholders through the recent consultation on draft L1 and L2 specifications for Leaving Certificate Irish, the NCCA Council decided to undertake a review of the early enactment of Irish, L1 and L2, in Junior Cycle. Accordingly, I understand that a report on the early enactment of Irish, L1 and L2, in Junior Cycle is currently being finalised by the NCCA.

The education sector has a vital role to play in addressing gender-based violence, including through the updating and redevelopment of Social, Personal and Health Education (SPHE) and Relationships and Sexuality Education (RSE). Currently, Social, Personal and Health Education (SPHE) is a mandatory curriculum subject in all primary schools and in post-primary junior cycle. Relationships and Sexuality Education (or RSE) is required at all levels, from primary through to senior cycle. As set out in the Programme for Government, this Government is committed to developing inclusive and age appropriate curricula for Relationships and Sexuality Education (RSE) and Social, Personal and Health Education (SPHE) across primary and post-primary schools.

The National Council for Curriculum and Assessment has established two development groups, one for primary and one for post-primary, to oversee the development of updated curricula in this area, and to support the development of guidance material for schools.

An immediate focus of the work of the NCCA was on creating support materials for teachers for publication online as part of an Interim Guidance Toolkit, to support effective teaching and learning of SPHE/RSE linked to the current curriculum and to provide guidance on how SPHE/RSE may be approached in a more holistic way. The NCCA online SPHE toolkits are being expanded during 2022 to include age and stage appropriate guidance for teachers on how to address issues of consent, gender and sexual discrimination and violence, and related topics within the SPHE classroom.

In tandem with this work, preparation for the broader redeveloping and updating of the SPHE curriculum is underway. Updated curricula will be developed for Primary, Junior Cycle and Senior Cycle.

In relation to Junior Cycle a draft specification was published and a consultation process was run from 18 July 2022 to 18 October 2022. The data gathered through this consultation is now being analysed and a report on the feedback received will be published on the NCCA website in due course. This report will contain the lists of groups who have contributed to the consultation or made written submissions. It is expected that the specification will be finalised by the end of this year with the aim of having it implemented in schools in September 2023.

In regard to Senior Cycle, a background paper that will inform the updating of Senior Cycle SPHE/RSE was published for public consultation on 3 October. Feedback from this consultation will inform the work of the SPHE Development Group and it is intended that a draft updated curriculum for Senior Cycle SPHE will be ready for public consultation by next summer and finalised in early 2024, for implementation in schools in September 2024. In regard to Primary Schools, following publication of the Primary Curriculum Framework, expected in early 2023, the NCCA will establish a development group for the curricular area of Wellbeing in primary schools. This group will progress the development of an SPHE specification for primary schools, to include RSE, with the aim of rolling it out in schools in September 2025.

Pending the introduction of these updated curricula, at primary level the Stay Safe Programme is a mandatory part of the SPHE programme while at post primary level, two programmes are in place which come under the heading of Personal Safety. One of these programmes is for Junior Cycle which addresses personal safety in relationships and explores topics such as healthy and unhealthy relationships, consent and domestic gender-based and sexual violence. The other programme, which is for Senior Cycle, addresses topics such as domestic violence, sexual harassment, dating violence and rape. Both of these programmes were designed by the Professional Development Support Service (PDST) and are intended to be taught as part of the wider SPHE/RSE curriculum. Professional development support is available to teachers, directly linked to these resources.

The work underway in my Department is reflected in a number of key actions within Zero Tolerance , the third National Strategy on Domestic, Sexual and Gender-Based Violence (DSGBV), which was published in June. These actions reflect the vital role of the education sector in the development and implementation of this Strategy, through the updating of the SPHE/RSE curricula; the provision of training aimed at improving teacher confidence and competence in the areas of SPHE and RSE; and the promotion of environments free from gender-based violence within our schools, and ensuring that issues such as sexual harassment and identity bullying are considered as part of the Department’s Action Plan on Bullying and Anti-Bullying Procedures for Primary and Post Primary Schools. My Department’s actions within the Strategy reflect its role in realising the aim of eradicating domestic, sexual and gender-based violence from society.

I would like to thank the Deputy for the question and would like to advise the following:

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children with special educational needs nationwide.

Over the last two to three years, my Department and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient special class and special school places.

These initiatives are bearing fruit with over 600 new special classes sanctioned at primary level, almost 300 new special classes sanctioned at post-primary level and five new special schools established over the last three years. Over the last three years, the NCSE have sanctioned 21 new special classes at primary and 11 new special classes at post-primary in County Tipperary.

My Department is engaging intensely with the NCSE in relation to the forward planning of new special classes for the next school year 2023/2024. This work involves a detailed review of statistical data in relation to forecasting demand for special class places, consideration of improved data sharing arrangements and a particular focus on the provision of special classes at post-primary level.

At local level, the NCSE is continuing to engage with schools regarding the establishment of additional special classes for the next school year 2023/2024. Every support will be made available to schools to progress the opening of special classes in the shortest possible timeframe.

The NCSE have sanctioned a total of 2,545 special classes nationwide, with 1,803 at primary and 742 at post-primary. As the demand for new special classes at post-primary level is expected to increase significantly over the next few years, my Department and the NCSE are engaging with post-primary stakeholders in relation to the provision of special classes. My Department has also recently written to all post-primary schools to advise them of the need to begin planning to provide additional special classes.

It is of course open to any school to engage with the NCSE to establish a special class.

My Department is committed, in conjunction with the NCSE, to continue to work with parents, schools, patrons and all stakeholders to ensure that there are sufficient appropriate places for students with additional needs and to support all students to achieve their potential.

I want to reassure you also that my Department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.

Information on the list of schools with special classes, the types and locations of these classes is published on the NCSE website and is available at www.ncse.ie

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the last school year over 121,400 children, including over 15,500 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €289m in 2021.

In July 2022, Government announced funding for the waiving of school transport scheme fees for the coming school year as part of a wider package of cost of living measures.

Ticket registration for the 2022/23 school year closed on 29 July by which time almost 130,000 applications/registrations were received for mainstream school transport. This figure includes 44,299 new applications as well as roll-overs from the previous school year.

Decisions made by, or on behalf of, the Department of Education regarding the provision of school transport services and/or grant-aid under the terms of the School Transport Schemes may be appealed to the School Transport Appeals Board.

The School Transport Appeals Board is independent in the performance of its functions and the Board liaises directly with appellants when their appeal is due for consideration. The role of the Board is to ensure that the terms of the School Transport Scheme are applied correctly.

On 29th August 2022, an appeal in respect of this application was lodged with the School Transport Appeals Board. The Board will liaise directly with the appellant when the appeal is due for consideration.

Under Project Ireland 2040, the education sector will receive a total of approximately €4.4 billion capital investment over the period 2021-2025. This provides a platform for strong rollout of school building projects and delivering on the ambitions set out in the NDP in respect of catering for demographics, provision for special education needs etc. This investment will also facilitate an increased focus on the modernisation of existing school stock and help transition the school system for an era of net zero carbon by 2050.

My Department has a large pipeline of projects for delivery under the school building programme. There are currently in excess of 300 school building projects at construction with other projects in design and at or near the tendering stage.

At this time 85 school building projects are at various stages of architectural planning progressing in County Tipperary.

17 of these projects are on site and 5 projects are working through Stage 3 “Tender Stage” with a view to moving to site as soon as possible.

The current status of all projects are listed on a county by county basis at www.gov.ie. and is updated on a regular basis to reflect their progress through the various stages of capital appraisal, site acquisition, design, tender and construction.

My Department operates a scheme of grant-aid to primary and post-primary schools towards the cost of purchasing essential assistive technology equipment, which has been recommended by the National Council for Special Education (NCSE) as being essential for students with physical and/or sensory or communicative disabilities in accordance with the criteria set out in Circular 0010/2013 which is published on my Department’s website at www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0010_2013.pdf

The NCSE, through its network of local Special Educational Needs Organisers (SENOs), are responsible for processing applications from schools for special educational needs supports. SENOs will review the application, and professional reports provided in support of same, in order to establish whether the criteria of the scheme has been met. They will then make a recommendation to my Department as to whether or not assistive technology is required; and based on this recommendation, my Department will decide on the level of grant, if any, to be provided.

The NCSE operates within my Department's criteria in making recommendations for support. Schools make applications directly to the appropriate SENO, providing details of the student’s special educational needs or disability, including details of the approach taken by the school in making relevant interventions.

In order to qualify for equipment under the assistive technology scheme, a child must have been diagnosed with a physical or communicative disability and must also have a recommendation in a professional assessment that the equipment is essential in order to allow the child to access the curriculum. It must also be clear that the existing I.T. equipment in the school is insufficient to meet the child's needs, and where necessary, schools may also purchase new or additional equipment or software for students from normal school resources or funds.

The SENO with responsibility for assessment of the application in respect of the student referred to by the Deputy, has advised the school of the information required in order to establish whether the criteria of the scheme have been met. Following receipt of this information they will reasses the application and make a recommendation to my Department as to whether or not assistive technology is required; and based on this recommendation, my Department will decide on the level of grant, if any, to be provided and the school will be informed of the decision.

Minister Foley visited Clare on the 8th of June 2021.

Please see attached in tabular form the locations Minister Foley visited while in Co.Clare.

My Department is committed to providing people fleeing the war in Ukraine, who have been granted Temporary Protection status, the supports and services they need. Under the Temporary Protection Directive, people displaced from Ukraine are entitled to the full range of welfare supports on the same basis as any Irish citizen.

This means they can apply for and if eligible receive a relevant social welfare payment including, jobseeker's payments, pensions, child benefit, and rent supplement.

A fast-track approach in processing these supports is in place which includes quick processing of Personal Public Service Numbers, and a simplified income support decision-making process.

The priority for my Department is to pay the most appropriate social welfare payment as quickly as possible. The appropriate scheme and rate of payment for each person depends on their individual circumstances.

There are no EU related fines being paid by my Department in 2022. Furthermore, no EU fines were paid by the Department of Social Protection during 2021 or 2020. I trust this clarifies the matter for the Deputy.

As the Deputy is aware, Community Employment (CE) supervisors and CE assistant supervisors sought for several years through their union representatives, SIPTU and Forsa, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme for CE supervisors and CE assistant supervisors who are employed by CE scheme sponsoring organisations.

Following an agreement between the Minister for Public Expenditure and Reform and the Minister for Social Protection, a final settlement was reached with unions representing CE supervisors and assistant supervisors at the end of 2021. This settlement resolves this long-standing issue through the payment of a once off ex-gratia payment to eligible CE supervisors and assistant supervisors. This settlement which will benefit approximately 2,500 people employed by CE schemes going back to 2008. It is estimated to have a total cost of over €24 million.

Generally, under the terms of this settlement, on reaching retirement age, eligible CE supervisors and assistant supervisors will receive a once off ex-gratia payment in respect of time employed by CE schemes since 2008. People who retired since 2008 and who have reached retirement age are now able to apply for this payment.

Over the past number of months, an administrative and ICT system to accept applications and process payments was put in place within the Department of Social Protection. The first group of ex-gratia applications have been received and are being processed - these relate to persons who retired since 2008. Following Government approval earlier this month, legislative provisions to provide for these payments are being included in the Social Welfare Budget Bill, which will also, once enacted, facilitate the early payment of processed applications.

A notification will issue to recipients as soon as payments are processed and are ready to issue.

I trust this clarifies the matter for the Deputy.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 28 July 2022. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. These papers were returned to the Appeals Office on 17 October 2022 and referred on 19 October 2022 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 hearing.

I trust this clarifies the matter for the Deputy.

The question of whether school caretakers can be considered for the Covid bonus payment referred to by the Deputy would be a matter for my colleague, the Minister for Education.

I trust this clarifies the position.

An application for the Household Benefits Package was received from the person concerned on 19 October 2022. The person concerned has been awarded the Household Benefit Package and has been notified of the decision by post.

I hope this clarifies the matter for the Deputy.

The system of social assistance supports provides payments based on an income need. The means test plays a critical role in determining whether or not an income need arises as a consequence of a particular contingency – such as disability, unemployment or caring. This ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.

By its nature, the means test takes account of the income a person or couple has in terms of cash, property - other than the family home - and capital. It does not take account of a person’s expenditure.

Means tests are kept under regular review and a number of significant changes have been made in recent years. In particular, I have introduced a number of changes to means testing which provide for higher income disregards. These disregards ensure that, where people are in receipt of a social assistance payment and are working, a certain level of income from that work is not assessed in the means test.

Introducing consideration of outgoings would have significant budgetary implications and would significantly increase the complexity of the means assessment. Any changes in this regard would have to be considered in the overall policy and budgetary context.

As part of Budget 2023, I announced €1.2 billion in measures which will assist low-income families with increasing household expenses over the coming months. I have also announced a €12 increase in weekly payments from next January.

I trust this clarifies the matter for the Deputy.

I announced a series of landmark reforms to the State Pension system on 20th September 2022. The measures, which were approved by Government, are in response to the Pensions Commission's recommendations. The set of measures represent the biggest ever structural reform of the Irish State Pension system.

Rather than fixating on the idea of a single State Pension age, a flexible pension system will be introduced in Ireland. Under this new system, which will take effect from January 2024, people will still be able to retire at 66 and draw-down their pension in exactly the same way as they can today. In addition, there will be new flexibility so that people can choose to defer their pension, work longer and receive a higher pension payment.

People can draw down their State Pension at age 66 and continue in paid employment if that is what they want to do. The current position is that a person aged 66 years of age and over who works in paid employment can receive a State Pension (Contributory) payment, and there is no means testing or retirement condition for this payment. Furthermore, a person in receipt of the State Pension (Non-Contributory) can also work in paid employment subject to means testing rules. The State Pension reforms announced in September 2022 will not change that position.

The flexible State Pension system is about providing people with choice. People will decide for themselves what best suits their needs and circumstances. For example, in the case of a person who reaches age 66 and does not have sufficient contributions to qualify for a full pension, they will now have the option to work for longer in order to obtain a higher pension payment. A person will also have the option to continue working between age 66 and 70 and receive an actuarially based increase in their weekly payment rate.

My officials are working to implement the reforms, including the drafting of legislation and development of administrative and IT systems as necessary.

I hope this clarifies the matter for the Deputy.

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.

An application for CA was received from the person concerned on 12 October 2022.

CA was awarded on 9 November 2022, with effect from 28 July 2022 and the first payment will issue to their nominated bank account on 17 November 2022.

Arrears for the period 28 July 2022 to 16 November will also issue on 17 November 2022.

The person concerned was notified on 9 November 2022 of this decision, the reason for it and of their right of review and appeal.

I hope this clarifies the position for the Deputy.

We are all very conscious of the important role that Community Employment (CE) and other programmes play in our communities. In addition to providing valuable occupational experience and training as a stepping-stone to employment for people who are long term unemployed, schemes such as CE also provide important and, in many cases essential, services to their local communities.

The programme is delivered through independent CE sponsoring authorities who are the legal employers of CE supervisors and CE assistant supervisors. CE sponsoring authorities receive state funding to cover the cost of remuneration, training and material costs from the department. Therefore, any pay increases could increase the cost to the state of running CE schemes.

The Department of Social Protection, as the funder of CE schemes, has received correspondence from Fórsa and SIPTU seeking a pay increase for CE supervisors and assistant supervisors. Any increase in pay rates that would potentially increase the overall cost to the state of funding schemes, or state funded activities in the wider community and voluntary sector, must take into consideration the potential cost to the exchequer. Given these budgetary implications, this correspondence has been forwarded to the Department of Public Expenditure and Reform for their consideration.

The Department is continuing to follow-up on this issue with the Department of Public Expenditure and Reform and will also continue discussions with the Trade Unions concerned.

I trust this clarifies the matter for the Deputy.

The once-off Autumn Cost of Living Double Payment was paid in the week commencing 17 October 2022 to people in receipt of qualifying payments, including those in receipt of Disablement Benefit.

It was estimated that 13,777 people who are on this payment would benefit from the measure at a cost of €1.2 million.

I trust this clarifies the matter for the Deputy.

The Department of Social Protections operates a number of employment support schemes for long term unemployed persons which also assist communities across the country in the provision of vital services. Currently, there are some 24,000 participants engaged on the two schemes supporting long term unemployed persons back to work; Community Employment and Tús, with a further 2,873 on the Rural Social Scheme.

There are just over 1,600 supervisors and assistant supervisors employed on these three schemes and I wish to acknowledge the valuable and dedicated service that CE, Tús and RSS supervisors provide in running these schemes, in particular during the Covid-19 pandemic. They are invaluable in delivering local based community services while providing a valuable training and development opportunity to the long-term unemployed and to those often furthest removed from the labour market. I have been hugely impressed by the range and value of the work undertaken on these schemes, many of which I have had the opportunity to visit and witness at first hand.

The Department of Social Protection supported employment support schemes during the pandemic, in particular by extending participant contracts. As we emerged from the COVID-19, Minister Humphreys and I also introduced a number of reforms to rules governing schemes, to make sure they could continue to deliver vital community services. However, it is not envisaged that any bonus payment will be paid to CE, Tús and RSS supervisors.

I trust this clarifies the matter for the Deputy.

I can confirm that my Department has allocated Personal Public Service Numbers (PPSNs) to the individuals referred to by the Deputy.

Letters issued on 11th November 2022 with details of their PPSNs.

I trust this clarifies the matter for the Deputy.

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

I can confirm that my Department received correspondence from the person concerned on 19 October 2022, notifying a change of circumstances regarding her disability allowance (DA).

I can confirm that following a review, the person concerned was assessed with nil means and their DA reinstated with effect from 23 November 2022

The first payment will be made by the person's chosen payment method on 23 November 2022. The person concerned was notified in writing of this decision on 11 November 2022.

I trust this clarifies the matter for the Deputy.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that, following correspondence with the person concerned, his appeal was registered in that Office on 14 November 2022. 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.

The Fuel Allowance scheme is a means tested payment to assist pensioners and other long-term social welfare dependent householders with their winter heating costs. The payment is a contribution towards heating costs, it is not intended to meet these costs in full. The payment is made at the weekly rate of €33.00; or if preferred, by way of two lump sum payments; and is paid over the winter season. Only one Fuel Allowance is payable per household. Those who qualify for the payment do not need to reapply annually.

As part of the overall social welfare Budget 2023 package of €2.2 billion, I am pleased to have secured a major expansion of the Fuel Allowance scheme, which will benefit up to 81,000 additional households from January 2023. As part of these Budget measures, I announced an additional lump sum payment of €400 to households in receipt of the Fuel Allowance payment.

The additional payment of €400 will be made to all households in receipt of Fuel Allowance in the week beginning 14th November 2022. Those in receipt of weekly Fuel Allowance payments will receive their weekly payment of €33.00 plus the additional payment of €400.00, and those who receive their payment by lump sum will receive the additional lump sum of €400.00.

The €400.00 lump sum will also be paid to all those whose entitlement to Fuel Allowance commences on or before week beginning 14th November 2022, even though their claim may be decided later than that week.

The additional €400.00 payment will issue automatically to all recipients of Fuel Allowance; they do not need to contact my Department.

I trust this clarifies the matter for the Deputy.

I propose to take Questions Nos. 131, 132, 134, 135, 138 and 139 together.

My Department has, as you will be aware, acted very quickly to deliver the Disability Support Grant and other budget measures within an exceptionally short timeframe. Wherever possible, budget measures that are usually implemented in the January to March period of the year following a budget announcement, have been brought forward and implemented within a period of weeks. While this early issue of payments was very challenging it was possible to achieve for people paid directly off the Department’s own payment systems.

However, when undertaking training courses, recipients of Disability Allowance move off the Department’s payment systems and transfer to a Department of Further, Higher Education, Research, Innovation and Science funded Training Allowance. As a consequence, it was not possible to process early payment of the Disability Support Grant to these recipients in the same manner as was implemented in respect of people paid directly through the Department’s own systems.

I can confirm, however, that it is absolutely the intention that people on training courses, having previously been in receipt of a Disability Allowance payment, will receive the €500 Disability Support Grant.

My officials are examining this issue in conjunction with their colleagues in the Department of Further, Higher Education, Research, Innovation and Science to ensure the payment is made to those who are on Training courses as soon as possible.

I trust this clarifies the position for the Deputy.

My Department has, as you will be aware, acted very quickly to deliver the Disability Support Grant and other budget measures within an exceptionally short timeframe. Wherever possible, budget measures that are usually implemented in the January to March period of the year following a budget announcement, have been brought forward and implemented within a period of weeks. While this early issue of payments was very challenging it was possible to achieve for people paid directly off the Department’s own payment systems.

However, when undertaking training courses, recipients of Disability Allowance move off the Department’s payment systems and transfer to a Department of Further, Higher Education, Research, Innovation and Science funded Training Allowance. As a consequence, it was not possible to process early payment of the Disability Support Grant to these recipients in the same manner as was implemented in respect of people paid directly through the Department’s own systems.

I can confirm, however, that it is absolutely the intention that people on training courses, having previously been in receipt of a Disability Allowance payment, will receive the €500 Disability Support Grant.

My officials are examining this issue in conjunction with their colleagues in the Department of Further, Higher Education, Research, Innovation and Science to ensure the payment is made to those who are on Training courses as soon as possible.

I trust this clarifies the position for the Deputy.

The person concerned applied for a State Pension (Contributory) in 2011. At that time, an individual was required to have had 260 full-rate paid contributions in order to qualify for standard State pension (contributory). According to the records of my department they had 144 paid full rate social insurance contributions. Since their contributions fell short of the requisite 260 paid full-rate contributions, they did not qualify for State pension (contributory).

The person’s record was requested from the Department of Work and Pensions in the UK. One of the qualifying conditions for the State Pension (contributory) under EU Regulations is that a combined average of at least 10 paid or credited full rate Irish and EU social insurance contributions from entry into insurable employment to the end of the last tax year before their 66th birthday is required. According to the records, the person concerned had a combined yearly average of 7. As they did not meet the required average of at least 10 paid or credited contributions, they did not qualify for State pension (contributory) under EU Regulations.

They were notified in writing of these decisions, provided with a copy of their social insurance record on which the decisions were based, and afforded the right of review and/or appeal. There is no record of an appeal.

Their entitlement to an EU mixed rata state pension (contributory) based on their Irish and UK contributions was recently examined. The person concerned was awarded this pension from 25/11/2011 at the current weekly rate of €10.30. A letter has issued to the person concerned requesting their bank details. On receipt of the requested information their claim will be processed, and arrears issued.

The State Pension (non-contributory) is a means-tested payment with the maximum rate set at approximately 95% of the state pension (contributory) rate. An application for state pension (non-contributory) was received on 30 November 2021. Following an assessment of their means, the Deciding Officer determined that the weekly means of the person concerned exceeded the permissible statutory weekly limit of €262.50, and their application was disallowed.

The person concerned was notified in writing of this decision on 7 December 2021, together with the reasons for the decision and their right of review and/or appeal. There is no record of an appeal.

I trust this clarifies the matter for the Deputy.

The person concerned submitted an application for a State Pension (Contributory) on 7 September 2022.

A copy of their record was requested from the Department of Work and Pensions in the UK. On receipt of this record on 15 November 2022 their entitlement to a State Pension (Contributory) under EU Regulations was examined.

A qualifying condition for State Pension (Contributory) under EU Regulations is that the person must have at least 520 paid full rate social insurance contributions in the EU countries before their 66th birthday. According to the records, the person concerned has a combined total of 443 Irish and EU paid full rate contributions. Since their contributions fall short of the requisite 520 paid full-rate contributions, they do not qualify for State pension (contributory) under EU Regulations.

The person concerned was notified in writing of this decision on 15 November 2022, provided with a copy of their social insurance record on which the decision was based, and afforded the right of review and/or appeal.

It is also open to them to apply for State Pension (non-contributory). This is a means-tested payment with the maximum rate set at approximately 95% of the state pension (contributory) rate. I have arranged for a form to issue to them.

I hope this clarifies the matter for the Deputy.

I can advise the Deputy that my officials are contacting the person named in the Details Supplied to ensure that payment for accommodation of Beneficiaries of Temporary Protection in their guesthouse is processed as quickly as possible.

I propose to take Questions Nos. 141 and 142 together.

Since the Russian invasion of Ukraine in February 2022 and the activation of the Temporary Protection Directive immediately afterwards, approximately 60,000 people from Ukraine have sought refuge here in Ireland, with about three quarters of those being provided with accommodation from the State. The scale of the response to this crisis has been unprecedented and Irish people have displayed a commendable level of generosity in their support, in their welcome for beneficiaries into their communities, and in pledges of accommodation.

Below is a table extracted from our records showing Beneficiaries of Temporary Protection accommodated by my Department in Kerry, within our remit to provide suitable temporary accommodation. Although not all providers have completed the "town" field, where a town is stated this has been entered.

The table below relates only to those accommodated by my Department and does not include all Ukrainian refugees. For further information I can refer the Deputy to the website of the Central Statistics Office where further information and regional breakdowns are available.

www.cso.ie/en/releasesandpublications/fp/p-aui/arrivalsfromukraineinirelandseries7/

Deputy, as of 6 November, there are 589 persons availing of International Protection Accommodation Service provided accommodation in Killarney. Of this total, 81 have permission to remain status and 508 are international protection applicants who are currently awaiting their applications to be assessed by the International Protection Office.

The pressure on the State to accommodate almost 63,000 people currently -  47,000 of whom are Beneficiaries of Temporary Protection - has led to significant shortages particularly for the international protection cohort.

Under the Recast Reception Conditions Directive (SI 230 of 2018), the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) is legally required to provide accommodation to international protection applicants who seek it while their claim for international protection is being determined by the Department of Justice.

The accommodation of international protection applicants (IPA) is a demand-led process with applicants arriving in the country and seeking accommodation spontaneously.

All of the limited accommodation capacity within the IPAS system is currently being used. As the Department has not been able to meet the capacity needs from the first advertisement of the 2022 tender process, officials continue to engage in emergency accommodation procurement to address the shortfall in capacity. 

Emergency centres have been opened in all parts of the country. There have been circa 40 accommodation locations utilised since January 2022 across 13 counties. DCEDIY is working urgently across Government and with agencies, NGOs and local authorities to bring new accommodation on board to meet State’s humanitarian responsibilities. In addition, IPPS is sourcing vacant office buildings and state owned properties in order to increase available accommodation. A number of these projects are currently being progressed. These options are necessary in order to provide shelter to international protection arrivals, to meet basic needs and to prevent homelessness.

A republished tender for IPAS to provide more own-door accommodation closed on 8 November. The International Protection Procurement Service (IPPS) is beginning site visits to potential locations to evaluate these options shortly. It is expected that successful tenderers from this republication will be added to accommodation provider panels in Quarter 1 of 2023.

As of 6 November 2022, there are 16,908 people accommodated in the IPAS accommodation system as a whole. A breakdown of this number by county is set out below.

It is important to note that at this point in 2021 there were approximately 7,250 persons in IPAS accommodation. 

The pressure on the State to accommodate almost 63,000 people currently -  47,000 of whom are Beneficiaries of Temporary Protection - has led to significant shortages particularly for the international protection cohort.

Under the Recast Reception Conditions Directive (SI 230 of 2018), the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) is legally required to provide accommodation to international protection applicants who seek it while their claim for international protection is being determined by the Department of Justice.

The accommodation of international protection applicants (IPA) is a demand-led process with applicants arriving in the country and seeking accommodation spontaneously.

All of the limited accommodation capacity within the IPAS system is currently being used. As the Department has not been able to meet the capacity needs from the first advertisement of the 2022 tender process, officials continue to engage in emergency accommodation procurement to address the shortfall in capacity. 

Emergency centres have been opened in all parts of the country. There have been circa 40 accommodation locations utilised since January 2022 across 13 counties. DCEDIY is working urgently across Government and with agencies, NGOs and local authorities to bring new accommodation on board to meet State’s humanitarian responsibilities. In addition, IPPS is sourcing vacant office buildings and state owned properties in order to increase available accommodation. A number of these projects are currently being progressed. These options are necessary in order to provide shelter to international protection arrivals, to meet basic needs and to prevent homelessness.

A republished tender for IPAS to provide more own-door accommodation closed on 8 November. The International Protection Procurement Service (IPPS) is beginning site visits to potential locations to evaluate these options shortly. It is expected that successful tenderers from this republication will be added to accommodation provider panels in Quarter 1 of 2023.

My Department is in the scoping phase of developing a new strand of the funding model for early learning and childcare - Tackling Disadvantage - in line with a commitment in First 5 and informed for recommendations in Partnership for the Public Good.

I have tasked officials within my Department to consider a response to the needs associated with socio-economic disadvantage and present a policy response and recommendations for my consideration informed by a number of key stakeholders including the organisation noted.

Officials from my Department will present the work that has been carried out to date and the planned actions to follow, to the Early Learning and Childcare Stakeholder Forum in the coming weeks, of which ACP Ireland is a member. All parties to this Forum (over 20 different representative organisations) will have an opportunity to input.

In addition, I understand offers of a bilateral meeting between ACP Ireland and the officials working on the Tackling Disadvantage Plan in my Department have been made, but have not yet been taken up.

I can advise the Deputy that the Collaborative Forum Report was published in full yesterday 15th November 2022.

Following the publication of the Final Report of the Commission of Investigation, and on foot of legal advices, my Department engaged with organisations named in the Collaborative Forum Report to ensure they had an opportunity to review relevant material and provide any observations which they deemed appropriate. Although this process has taken some time, it has ultimately facilitated publication of the Forum’s report in full and without any redactions. 

The recommendations made by the Forum have directly influenced the important ongoing work of my Department and others in seeking to address the priority concerns of survivors and their families. The achievement of Forum participants in representing the voices of survivors has had real value and meaningful impact in the context of the State’s response. It is my commitment, and that of the Government, to continue to support engagement with survivors, including through a new Advocate model.

Since my appointment, I have visited County Clare on one occasion on the 12th and 13th April this year. 

My Department has not incurred any EU fines in 2022, 2021 or 2020.

Under my Department's Free Fees Initiative, the State pays tuition fees, exclusive of the student contribution, on behalf of eligible students attending approved full-time undergraduate courses. Details of the eligibility criteria are available at the following location:

https://hea.ie/funding-governance-performance/funding/student-finance/course-fees/

It is the institution attended that will determine, within the terms of the scheme, a student's eligibility for free fees funding and it is not possible for my Department to advise on the determinations made by individual institutions.

Where a student requires guidance on the determination of eligibility for free fees it is necessary that a student engage with the fees office of the institution attended. Direct engagement will offer students an opportunity to understand the determination of the institution and provide a basis for the student to provide additional information to the institution as appropriate to assist the institution in considering a student's eligibility.

Where students do not qualify for free fees funding they must pay the appropriate fee - either EU or Non-EU - to the institutions attended. These institutions are autonomous bodies and the level of fee payable by students who do not meet the requirements of the free fees scheme is a matter for the relevant institution to determine.

I propose to take Questions Nos. 150 and 151 together.

I note the Deputy’s reference to the UK Government’s awareness campaign on the issue of the prevalence of sexual violence against women and girls, entitled “ENOUGH”. The Deputy will be aware that my colleague, Deputy Helen McEntee TD and Minister for Justice, published the Third National Strategy on Domestic, Sexual & Gender-Based Violence 2022-2026 in June. The new Strategy includes a number public awareness raising and training actions which are being led by the Department of Justice with the support of other departments.

My Department is leading on a number of awareness raising campaigns which complement the work of the Department of Justice. For example, the recent #Unmute Consent 2023 campaign aims to mobilise the student community to make a difference, by speaking out, by enhancing their own knowledge about consent, and ultimately, by changing behaviours. The campaign is led by the IUA in partnership with THEA and USI. The campaign targets students across all HEIs, with a particular emphasis on first year undergraduates and high-risk groups.

I visited County Clare on May 30th 2022. I visited Saint Anne's Community College, Coláiste Muire, College Road, College of FET Ennis Campus,, Scoil Mhuire and the College of FET Kilrush Campus. I intend to visit again later this year.

I am aware of the UK Home Office's 'Enough' Campaign and congratulate them for their work on it. Such campaigns are vital in letting society know we all have a role in tackling Domestic, Sexual and Gender-based Violence.

My own Department has made significant commitments to tackling DSGBV through major awareness raising campaigns, since 2016, on both a national and local level.

Since 2016, a series of high impact media campaigns, developed to reach a national audience through many mediums including TV, cinema, radio, outdoor, social and digital advertising, have been launched.

The ultimate goal of all these campaigns is to reduce and prevent the incidence of domestic, sexual violence and gender-based violence which affects the lives of too many people, both directly and indirectly, and thereby make Ireland a much safer society.

Prior to 2016, the Department of Justice funded up to 60 organisations annually to promote awareness of domestic and sexual violence and services. This fragmented approach resulted in diverse messaging and duplication of materials which were mainly focused on raising awareness of victim services.

The Department had a call from NGOs in the DSGBV sector to change societal attitudes in 2015. This call fed into the development of Second National Strategy on DSGBBV which included a key action to launch a six year, two part, national awareness campaign with the following aims:

- to increase the awareness of domestic and sexual violence;

- to bring about a change in long established societal behaviours and attitudes and

- to activate bystanders with the aim of decreasing and preventing this violence.

This work has continued since then through the development of a number of campaigns in the DSGBV sphere, which have been developed in partnership with frontline service providers.

Key actions contained in Zero Tolerance, our Third National Strategy on domestic, sexual and gender based violence which I launched earlier this year, will build on and expand the reach of a number of the successful campaigns developed under the Second National Strategy.

Information on these campaigns is contained below for the information of the Deputy, including in respect of where they are aligned in design and purpose to the UK Home Office's 'Enough' campaign.

‘What Would You do?’ (If you witnessed domestic violence)

‘What Would You do?’ (If you witnessed domestic violence) was launched by the then Tánaiste and Minister for Justice and Equality in November 2016 and ran until the end of 2018. The campaign recognised that both women and men are victims of domestic violence.

The ‘What would you do?’ campaign was a high impact media campaign to reach a national audience featuring TV, cinema, radio, outdoor, social and digital advertising. The call to action directed people to search the campaign website whatwouldyoudo.ie for information and advice on how to help and support victims of domestic violence.

No Excuses

in 2019 the Department launched a major national awareness campaign on sexual harassment and sexual violence. ‘No Excuses’ was a high impact media campaign designed to reach a national audience.

The campaign ads feature both male and female perpetrators and victims in various situations where sexual harassment and sexual violence can occur.

The Deputy may be pleased to learn that there are many similarities between the UK 'Enough' campaign and our own 'No Excuses' campaign. Both campaign websites are laid out in a similar manner and have a focus on informing bystanders about safe ways they can intervene if they witness incidences of DSGBV.

Still Here

The Still Here campaign was launched in April 2020 to reassure victims of domestic violence that frontline services and the full force of the Justice System were ‘still here’ for them during the pandemic, and that victims were being prioritised. The campaign highlighted a tragic reality that for many people in Ireland during the pandemic, their home is not a safe place, especially during lockdown periods that were necessary to curtail the spread of Covid-19.

We intend to run the Still Here campaign again over the Christmas period to let victims know support is still available to them during the festive period, a time when we know incidences of such violence increase.

Intimate Image Abuse

In September 2021, my Department launched a campaign to raise awareness of image-based sexual abuse and to better inform people of Coco's Law, which was introduced to combat it.

At its core, the campaign aims to educate wider Irish society that sharing intimate images without consent is socially unacceptable, has harmful consequences and there is legislation in place with appropriate punitive measures that will challenge these actions, regardless of a persons motivation for doing so.

This campaign is currently running on TV and across various mediums and will be further developed in 2023 to raise awareness of the fact that threatening to share intimate images without consent is also a criminal offence.

I can inform the Deputy that no EU fines have been imposed on my Department in either 2022 or 2021.

In 2020, one fine was imposed on my Department by the European Court of Justice (ECJ) in relation to a delay in transposing Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. On July 16, 2020, the ECJ imposed a €2 million lump-sum fine for this delay. The Court accepted that the Directive has now been fully transposed by Ireland.

I propose to take Questions Nos. 155, 156, 157, 158 and 159 together.

The Spouse of Irish National (SOIN) Unit of the Immigration Service Delivery in my Department deals with complex cases involving detailed assessment of the individual circumstances and compliance with relevant scheme criteria and various legal requirements. While every effort is made to process such written applications efficiently, processing times will vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

The Unit endeavours to process applications as quickly as possible and I am advised that some cases may be processed within months of receipt. However more complex applications take in excess of 12 months to complete.

To be fair to all applicants, applications are dealt with in chronological order by date received and there are currently 289 applications at various stages of processing, details provided in the table below;

Currently the Spouse of an Irish National (SOIN) Unit has 4 staff, a Higher Executive Officer, an Executive Officer and 2 Clerical Officers.

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Applications are processed in chronological order by date received. Due to the high volume of applications currently on hand, regrettably, median processing time is 19 months.

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In 2021, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date.

I can inform the Deputy that in order to work in Ireland all non-EEA Nationals, unless they are exempted, must hold a valid Employment Permit. The Department of Enterprise, Trade and Employment (DETE) administers the Employment Permits system.

Visa required nationals must apply for a Type D Employment Visa after they have received an Employment Permit from DETE. Guidance on how to apply for an employment visa and details of the supporting documents required are outlined on my Department's immigration website www.irishimmigration.ie.

Employment visas are processed by the Immigration Service Delivery (ISD) area of my Department. There are currently seven overseas Visa Offices in addition to the Visa Office in Dublin. In addition, the Department of Foreign Affairs process certain visa applications in Irish Embassies abroad under delegated sanction from my Department. The Dublin Visa Office are currently processing Employment Visas received, in Dublin, on the 29 August 2022.

While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the ISD area of the Department to investigate, inquire into, or seek further information, and the resources available.

The Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment and create business and employment opportunities in the State. The programme provides investors with the opportunity to invest in Ireland. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest.

The IIP offers four investment options for potential investors.

- Enterprise Investment : A minimum of €1 million invested in an Irish enterprise for a period of at least three years;

- Investment Fund : A minimum of €1 million invested in an approved investment fund for a period of at least three years. Such funds must be approved and regulated by the Central Bank;

- Real Estate Investment Trusts : A minimum investment of €2 million in any Irish REIT that is listed on the Irish Stock Exchange, for a period of at least three years; and

- Endowment : A minimum €500,000 (or €400,000 where five or more applications are received) philanthropic donation to a project which is of public benefit to the arts, sports, health, culture or education in Ireland.

The criteria applied when assessing applications under the IIP is set out in the guidance published on my Department's immigration website at: www.irishimmigration.ie/coming-to-live-in-ireland/i-want-to-invest-in-ireland/

My Department does not currently publish the details of individual approved IIP investments, due to commercial sensitivities. However sporting organisations are one of the beneficiaries of Endowment applications received and I am advised that there have been 470 Endowment applications approved for the period 01/2016 to 09/2022 with a total value of investment of €189.1m.

As the Deputy may be aware, the Coroner Service comprises the network of coroners located in districts throughout the country. Coroners are independent quasi-judicial office holders whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued.

The Department of Justice has direct responsibility for providing financial and administrative support to the Dublin District Coroner’s Office since 1st January 2018.

The Dublin District Mortuary is the responsibility of the Dublin Senior Coroner and is located together with the Office of the State Pathologist (OSP) on the site of the former Garda Station in Whitehall in Dublin.

The Dublin District Coroner’s Office has 5 staff working in the Dublin District Mortuary, 2 full time, one on a 50% basis, one on a 40% basis and a locum on a 50% basis (3.4 full-time equivalent staff). There are currently vacancies for 2 staff members in the Dublin District Mortuary.

As committed to in my Justice Plan 2022, I recently announced a comprehensive review of the Civil Legal Aid Scheme, for the first time in its more than 40-year history. The Scheme provides legal aid and advice to people of limited means in civil disputes, including in family law.

As the Deputy is aware, since its establishment, the Civil Legal Aid Scheme has been a hugely significant and beneficial resource for many people. However, within those 40 years, Irish society has changed, and the demands of the Scheme have grown. In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the Scheme is now timely.

The financial eligibility threshold was last revised in 2006, more specifically, for income, it was last revised in 2006 (SI 460 of 2006) and for capital assets in 2013 (SI 346 of 2013).

The current review will allow for an assessment of how flexible and responsive the Scheme is to the needs of those it is intended to serve. A Review Group has been established which will make recommendations for its future, including in relation to eligibility.

The Review Group held its first meeting on 22 June 2022, and its work is now ongoing. On 14th November I welcomed the opening of a consultation to seek the views of key stakeholders on how the Civil Legal Aid Scheme can be reformed. This call for submissions is the first element of the consultation and will remain open until 6th January 2023. It is an important opportunity for stakeholders to express their views and inform the Group’s thinking on the current scheme and its recommendations for the future.

Full details of the submission process can be found here: www.gov.ie/en/consultation/a7aa6-stakeholder-consultation-on-the-review-of-the-civil-legal-aid-scheme/

The Review Group is being chaired by a former Chief Justice, with expert membership drawn from those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which administers the statutory Scheme.

This work is expected to take 12 months. The Review Group will report periodically to me on progress before submitting its final report once its work is completed.

Ultimately the review should map out a future for the Civil Legal Aid Scheme, one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of insufficient means.

As committed to in my Justice Plan 2022, I recently announced a comprehensive review of the Civil Legal Aid Scheme, for the first time in its more than 40-year history. The Scheme provides legal aid and advice to people of limited means in civil disputes, including in family law.

As the Deputy is aware, since its establishment, the Civil Legal Aid Scheme has been a hugely significant and beneficial resource for many people. However, within those 40 years, Irish society has changed, and the demands of the Scheme have grown. In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the Scheme is now timely.

The financial eligibility threshold was last revised in 2006, more specifically, for income, it was last revised in 2006 (SI 460 of 2006) and for capital assets in 2013 (SI 346 of 2013).

The current review will allow for an assessment of how flexible and responsive the Scheme is to the needs of those it is intended to serve. A Review Group has been established which will make recommendations for its future, including in relation to eligibility.

The Review Group held its first meeting on 22 June 2022, and its work is now ongoing. On 14th November I welcomed the opening of a consultation to seek the views of key stakeholders on how the Civil Legal Aid Scheme can be reformed. This call for submissions is the first element of the consultation and will remain open until 6th January 2023. It is an important opportunity for stakeholders to express their views and inform the Group’s thinking on the current scheme and its recommendations for the future.

Full details of the submission process can be found here: www.gov.ie/en/consultation/a7aa6-stakeholder-consultation-on-the-review-of-the-civil-legal-aid-scheme/

The Review Group is being chaired by a former Chief Justice, with expert membership drawn from those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which administers the statutory Scheme.

This work is expected to take 12 months. The Review Group will report periodically to me on progress before submitting its final report once its work is completed.

Ultimately the review should map out a future for the Civil Legal Aid Scheme, one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of insufficient means.

One of the overarching goals of the Zero Tolerance policy to address Domestic, Sexual and Gender Based Violence is to ensure that everyone who needs a refuge space will get one, and I am committed to working with my Government colleagues and those working in the sector to achieve this.

In line with the priority which this government is 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.

The Tusla review of accommodation services for victims of domestic, sexual and gender-based violence identified priority locations where between 50 and 60 new refuge places are needed.

Further analysis undertaken identified 12 locations nationwide where the delivery of 98 family refuge spaces would have the most impact if prioritised.

In the initial phase of this work, we expect to have delivered 24 places in Wexford, Dundalk and Navan by 2024. The delivery of additional safe homes is also a key part of the response and it is expected to increase the number of safe homes by 15 this year.

In addition, by putting in place the correct structures to deliver additional refuge accommodation now, including the development of a new statutory agency, we will accelerate the number of additional spaces that can be opened each year.

Already, work undertaken implementing the Strategy has prepared the way for this, including a very significant increase in funding under Budget 2023.

I have secured funding of €9m in budget 2023 to address the response to domestic, sexual and gender-based violence, of which €6.8m will be allocated through Tusla to maintain and develop frontline services for victims. Funding for measures to bring domestic violence refuges and associated support services into operation at the earliest possible date has been identified as a priority within these resources, with a particular focus on the developments in Louth, Meath and Wexford.

An interdepartmental group is developing and progressing agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way.

This has already resulted in a streamlined process for capital funding applications for new refuges.

Supports for applicant groups from the Housing Agency in relation to public procurement processes and direct engagement between Department of Housing Architectural Advisors and the Design Teams recruited by the applicant groups are also in place.

Over the past two years I have had the privilege to visit a number of refuges around the country to see first-hand the fantastic work that is being done.

I am determined that the implementation of the Strategy will bring us significantly closer to reaching our targets as set out in the Istanbul Convention, and ensure that organisations providing these vital services to victims are supported in doing so.

Since launching Zero Tolerance in June, the tendering process for the new refuge in Wexford has moved to the final stage of completion.

Developments in Navan and Dundalk are continuing to make progress at design and planning stages, while developments in the other priority locations are mainly focused on establishing local stakeholders and lead organisations and on site selection.

I can inform the Deputy that I have not yet visited County Clare as Minister for Justice since the Government took office.

My Department has not been subject to any EU fines to date.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly as soon as possible. 

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

The Department of Public Expenditure and Reform have provided for Special Leave with Pay (SLWP) for civil and public servants nationally who contract Covid, for the recommended isolation period.  SLWP provides for paid leave, including full pay, any fixed allowances payable as well as premium payments.

For certain employees who remain unfit to attend the workplace and are suffering from long-Covid, a scheme, specific to the public health service has been introduced to provide for Paid Leave for Public Health Service Employees Unfit for Work Post Covid Infection.

The HSE have issued the full details of the Scheme to all public health service employers by circular, and employees who meet the criteria for eligibility for the Scheme will have transferred to the new Scheme retrospectively from 1st July 2022.

 For those who do not meet the criteria of the Scheme, the provisions of the Public Service Sick Leave Scheme can be utilised, which provides for access to paid sick leave (3 months at the full rate and 3 months at the half rate), followed by access to paid sick leave at a rate of temporary rehabilitative remuneration (TRR) for a further 545 days.

As the National Women and Infants Health Programme leads on the management, organisation and delivery of maternity, gynaecological and neonatal services, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

As this relates to a service matter, I am referring it to the HSE for a direct reply to the Deputy. Please cc SocialCare_IntegrationUnit@health.gov.ie in the reply.

As this relates to a service matter, I am referring it to the HSE for direct reply to the Deputy.

As this relates to a service matter, I am referring it to the HSE for a direct reply to the Deputy.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly.

The enactment of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill is a priority for the Government.

The Bill is a complex piece of legislation that will include provisions on organ donation and transplantation, post-mortem practice and procedures in hospital settings, anatomical examination, and public display of bodies after death.

It will embed in legislation the idea that consent is the defining principle across all these sensitive areas and will establish a regulatory framework for the conduct of these activities.

Drafting of the Bill is in its final stages, and it is intended that Government approval for publication will be sought before the end of November.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly.

Firstly, I would like to acknowledge the important role that Section 39 organisations and staff play in our health sector.  They have a key role in providing services to people with disabilities and older people.

While the Government does provide assistance, under Section 39 of the Health Act 2004, to organisations that provide services similar or ancillary to services that the HSE may provide, it must be acknowledged that these organisations are privately owned and run and that their terms and conditions of employment, once in line with employment legislation, are strictly between private sector employers and their employees. They were not and are not party to the Public Service Agreements and are therefore not covered by the pay restoration provided for in these Agreements, including Building Momentum.

An agreement was reached at the WRC in October 2018, in relation to a process of pay restoration for staff employed by 50 Section 39 agencies. Pay restoration commenced in April 2019 with an annual pay increase of up to €1,000.  Any outstanding balance was paid in 2020 and 2021. A further WRC engagement followed in December 2020 in relation to a final phase of 250 organisations who were identified as part of the earlier agreement. A payment arrangement consisting of three phases was agreed with the first two payments to be made in 2021, and the third and final payment due to be made in 2023. 

A process along these lines could play a useful role in providing solutions to the current pay related issues that Section 39 organisations have raised. As this is an ongoing IR process, I am not in a position to provide any further information at this time.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly.

As this is an operational/service matter in relation to assessment of this area of spend, I have referred this to the Health Service Executive for direct reply to the Deputy.

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly.

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

The Programme for Government “Our Shared Future” published in June 2020 contained a commitment to “Work with key stakeholders to introduce a Public Health Obesity Act, including examining restrictions on promotion and advertising aimed at children”.

The policy instrument for obesity in Ireland is “A Healthy Weight for Ireland’, the Obesity Policy and Action Plan (OPAP), which was launched in September 2016 as part of the Healthy Ireland Framework. The OPAP covers a 10-year period up to 2025 and aims to reverse obesity trends, prevent health complications and reduce the overall burden for individuals, families, the health system, and the wider society and economy.

The review of the OPAP is due to be published shortly. It is informed by an evaluation of the OPAP undertaken by the Centre for Health and Diet Research, University College Cork, which included an assessment through an online survey by numerous experts and stakeholders.

The review provides the opportunity to consider developments and new evidence since the publication of the OPAP, and to assess which elements might best be further progressed by legislation or by other means. A high level of interdepartmental collaboration is required to implement measures aimed at tackling obesity and in the preparation and implementation of legislation, as well as extensive stakeholder consultation.

In terms of the PfG commitment relating to legislation relating to restrictions on promotion and advertising aimed at children, I would like to refer to the Online Safety and Media Regulation Bill 2022 which was brought to the Oireachtas by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport, Media and Gaeltacht.

The Bill will dissolve the BAI and establish a new regulator, Coimisiún na Meán. Under the Bill, broadcasting codes will ultimately be superseded by media service codes, which will apply to both video-on-demand and broadcasting services. Furthermore, An Coimisiún will be enabled to make online safety codes which apply to designated online services, such as video-sharing platform services (e.g. YouTube). Similar to broadcasting codes such as the CCCC, media service and online safety codes may provide for the regulation of commercial communications relating to foods or beverages which may be the subject of public concern in respect of the general public health interests of children.

As the Department responsible for public health policy, the Department of Health would expect to contribute to and be consulted on the making of any codes by Coimisiún na Meán relating to the advertisement of food or beverages at children. The Bill has passed all stages in the Seanad and has moved to the Dáil, where it has passed the Committee Stage.

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

As the payment of pensions is an operational matter for the Health Service Executive, I have asked the HSE to respond directly to the Deputy.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

In relation to the issue raised by the Deputy, the National Treatment Purchase Fund (NTPF) has advised my Department that Public hospitals can approach the NTPF for insourcing funds to run initiatives within their own hospital or using the resources of a third party. These initiatives are designed by the public hospitals and all governance in relation to these initiatives remain with the public hospital at all times. The NTPF does not collect data in relation to the staffing of these initiatives. All initiatives submitted to the NTPF for approval must comply with public pay guidelines

Please note that due to the cyber attack, data relating to the Minister’s diary is inaccessible pre June 2021.

25/08/2021 The Minister visited the Clare Testing Centre, Block 1 Ballymalley Business Park, Ennis, Co. Clare

My officials will examine the matter and will communicate directly with the deputy with the information requested, as soon as possible.

As stated in my previous reply, a legal and regulatory review of forestry licensing was carried out by Philip Lee LLP and, following extensive stakeholder engagement, their Report, together with the supporting documents, has been published on my Department's website at the following link: gov.ie - Regulatory Review of Forestry (www.gov.ie)

As stated in their report, between 1st November 2021 and 23rd June 2022, the Philip Lee team engaged in almost 60 virtual bilateral meetings with the Project Woodland Project Board, the Working Groups, Department officials, individual stakeholders and the Forestry Policy Group. 18 of those meetings were with Departmental officials and were held remotely. These were held so that the consultant had a complete understanding of the forestry licensing system and in order to monitor progress on the contract.

The person named made a presentation on her report to all Department Forestry staff on 12th September 2022 by Webex.

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry.

The question raised by the Deputy is an operational matter for HRI, therefore, the question has been referred to the body for direct reply.

The Department of Agriculture, Food and the Marine is the authority responsible for carrying out market surveillance for fertilisers in Ireland.

As part of the risk-based control programme, in 2022 a total of 150 samples were taken at manufacturers’ premises and the laboratory results are available for 100 samples to date. The remaining results are expected shortly.

Of the results available to date, 326 individual analyses were performed for fertilisers and an out-of-tolerance was recorded for 9.5 % of these. Tolerance for individual parameters range from 0.4 - 1.1% Fertiliser manufacturers were informed of all out-of-tolerance results and asked to investigate the root cause. All out-of-tolerance results are followed up with the operator responsible and required the root cause of the non-compliance to be identified.

The Department controls are updated to ensure samples are taken from those operators who had non-compliant results in the following year's programme.

My Department is the competent authority with responsibility for enforcement of animal feed legislation in Ireland.

Regulation (EC) No. 767/2009 on the placing on the market and use of feed includes the general principle that the labelling and the presentation of feed shall not mislead the user. The legislation also sets down permitted tolerances for discrepancies between the labelled compositional values of a feed material or compound feed and the values analysed in official controls carried out by my Department.

Annex IV of Regulation (EC) No. 767/2009 sets down the permitted tolerances where the composition of a feed material or compound feed is found to depart from the labelled composition in a manner such as to reduce its value. The tolerances are given either as an absolute percentage value (this value must be subtracted from/added to the declared content) or as a relative value marked with ‘%’ after the value (this percentage must be applied to the declared content to calculate the acceptable deviation).

By way of example and having regard to Part A of Annex IV of Regulation (EC) No 767/2009, the permitted tolerance for a complementary feed for dairy cows with a declared crude protein content of 16% is 14-18%.

My Department continues to monitor compliance with Regulation (EC) No 767/2009 as part of its annual animal feed control programme.

The complainant made a number of serious allegations regarding an official of my Department who carried out an on-farm inspection in 2012.

A number of meetings has taken place between senior officials in my Department and the complainant regarding the matter including November 2013, September 2017, June 2018 and my Department has corresponded with the complainant on numerous occasions. On foot of the serious allegations made, my Department carried out a full review of the case. In July 2018 the complainant was formally advised by letter of the outcome of that review in that there was insufficient evidence available to proceed further with the investigation and that the matter had been drawn to a close.

In addition, the complainant was advised, in a letter from the Secretary General of my Department in April 2021, that it is not possible for this Department to disclose the outcome of complaints relating to individual staff members to third parties and under these circumstances could not comment further in relation to the matter.

The complainant has been advised that if he has any new information that he wishes to bring to my Department's attention he is welcome to do so in writing.

As part of the Bovine TB (bTB) Eradication Programme my Department implements two main control strategies, removal and vaccination, in areas around the country where there have been epidemiological links to badgers and bovine TB breakdowns. The requested totals are provided in the table below:

I propose to take Questions Nos. 203 and 204 together.

I propose to take PQs 56895/22 and 56896/22 together.

The COFORD Council with funding from my Department has carried out a study on forest certification which was published in November 2022. Forest certification is a voluntary process used by forestry organisations to reassure consumers that the wood and wood products they buy come from sustainably managed forests.

The request for tender deadline has just closed and tenders will now be assessed. The successful tender will prepare a detailed business case outlining the Industry funding model and funds required to support private certification. The stakeholder group to develop the business plan will include representatives from the forestry sector and the composition of this industry group will be determined by the successful tenderer and this process will be independent of my Department.

As the Deputy may be aware Coillte is a private limited company established under the Forestry Act 1988 and as such is operationally independent from my Department.

Any pension increases granted are at the discretion of Coillte and are subject to the approval of the Minister for Agriculture, Food and the Marine with the consent of the Minister for Public Expenditure and Reform.

A request for such consent is being considered at present.

The funding of Producer Organisations is provided for by the EMFF Seafood Development Programme 2014-2020 and details of payments made to each of these organisations since 2018 are provided in the table below. Payments are made through the Producer Organisation Scheme which was agreed by the EMFF Monitoring Committee and which consists to two elements. Part A of the scheme provides support for new Producer Organisations (POs). One such payment has been made during this period to the National Inshore Fishermen's Association. The remaining payments were under Part B of the scheme which funds measures identified in the POs' Production and Marketing Plans (PMPs). These PMPs are submitted by POs on an annual basis, with the PO's Annual Report, and evaluated to assess that the criteria, established by EU regulation, have been met. Where it is established that these criteria have been met, funding is approved. Funding amounts for individual POs are based on simplified cost options, which calculate payments based on relevant expenditure by the POs over the previous three years.

The Programme is approaching closure, but grants to Producer Organisations will continue to be paid in 2023 for activities carried out in 2022. Beyond this, the EMFAF Seafood Development Programme 2021-2027 was approved by Government in September of this year and has been submitted to the Commission for adoption. Under this Programme, new schemes, including those relevant to Producer Organisations, will be brought forward in due course.

I propose to take Questions Nos. 207 and 208 together.

The COFORD Council is a stakeholder platform which advises my Department on issues related to the development of the forest sector in Ireland. In its recent report ‘Forests and wood products, and its importance in climate change mitigation’ COFORD advised that 16,000 ha of annual afforestation is required if Ireland is to achieve the government target of 18% forest cover by 2050.

As the Deputy may be aware, afforestation levels have been declining in recent years and Project Woodland was established in February 2021 to ensure that a new impetus is brought to woodland creation in Ireland. We have recently published a Shared National Vision for Trees, Woods and Forests in Ireland until 2050 which was informed by a series of extensive engagements and consultation. This Vision has informed a new Forestry Strategy for Ireland which has been developed by Working Group 2 of Project Woodland.

In parallel, a draft Forest Strategy Implementation Plan has also been developed to facilitate the initial steps in the implementation of the Forest Strategy. This Plan comprises a list of actions and measures and includes the Forestry Programme for the period 2023-2027 which will be the main implementation vehicle for the Forest Strategy in the immediate to short term. As the Deputy is aware, the draft Forest Strategy and Forest Strategy Implementation Plan were published on Tuesday the 18th of October and are now subject to a 6-week public consultation process, which concludes on the 29th of November.

Supports are proposed in the next Forestry Programme to incentivise afforestation, with an annual target of 8,000ha broken down by indicative areas associated with each of the 12 proposed Forest Types. This is in line with the target of 8,000 hectares in the Climate Action Plan 2021, which is a detailed plan for taking decisive action to achieve a 51% reduction in overall greenhouse gas emissions by 2030 and setting Ireland on a path to reach net-zero emissions by no later than 2050.

I am committed to working with all our stakeholders to substantially increase our afforestation rates over the next decade. I am pleased to advise that I have secured a package of €1.318 billion for forestry which will support the biggest and best-funded Forestry Programme ever in Ireland and which will allow us to offer new and improved rates to those who undertake planting and sustainable forest management under the new Programme. However, afforestation is a voluntary land use choice for landowners. Any target that is set must be realistic and we have set an ambitious 8,000ha target which is a significant step up from existing levels achieved in recent years.

I visited Co Clare once last year, when I visited Ennis Mart to address the farmers of the county as part of my national engagement on the Common Agriculture Policy. The consultation meeting at Ennis Mart was an excellent and engaging event where I met with farmers from across the county as well as some of the farm organisations who represent Clare farmers.

The meeting continued for more than two hours. I left fully appraised of the excellent and diverse farming county that Clare is across all land types. There was also good engagement from Oireachtas members. The work I do as Minister for Agriculture, Food and the Marine is intended to support those in the agri-food and fisheries sectors in all counties, including Clare.

The Department of Rural and Community Development has not been subject to any legal action by the European Commission or any associated fines resulting from such actions.

The Government is aware of the challenges facing community and voluntary organisations and the charities sector in meeting the high cost of energy currently and is committed to supporting the sector in meeting these costs.

Not-for-profit and voluntary organisations in the Community and Voluntary sector are woven into the fabric of community life across Ireland, but they are vulnerable to the impact of increased energy costs.

The recent budget allocated €10m to my Department to put in place a support scheme for community and voluntary organisations and charities. I am pleased to advise that applications for the Community and Voluntary Energy Support Scheme (CVESS) will open on 21st November.

The scheme will be administered by Pobal on behalf of the Department of Rural and Community Development and will provide once-off support to organisations within the Community and Voluntary sector which fall outside the parameters of other energy support schemes being delivered by Government. Further scheme details are now available on the Pobal website. I would encourage intending applicants to check the scheme details over the coming days and to familiarise themselves with the process so that they are ready when the scheme opens for applications.

While churches themselves are not eligible, parish halls and other community facilities that are open to the wider community may be eligible to apply.

My Department will continue to work with relevant stakeholders, including the community and voluntary sector, charities, local authorities and local development companies, to support community organisations across the country as they deal with the ongoing and emerging challenges. I would encourage all groups to engage with Gov.ie, their Local Authority and Local Development Company so that they are aware of funding opportunities as they become available.

This Scheme is one of a range of supports introduced through Budget ’23 and everyone is encouraged to visit gov.ie/reduceyouruse to find out how they can make energy savings, where safe and possible to do so.

Details of visits to County Clare by the Minister for Rural and Community Development since her appointment to the position in June 2020 are outlined in the table below: