Aengus Ó Snodaigh
Question:1178. Deputy Aengus Ó Snodaigh asked the Minister for Justice the average timeframe for naturalisation applications. [13872/21]
View answerNaturalisation Applications
Questions (1178)
Written answers
A number of issues have impacted on the processing of citizenship applications over the past 18 months. A High Court case which was subsequently successfully appealed to the Court of Appeal resulted in significant delays in 2019. As well as this, a significant backlog has built up regarding the granting of citizenships due to the inability to hold in person ceremonies during the pandemic, which has prevented the holding of such ceremonies.
The combined impact of the Jones judgment and the Covid-19 disruption has resulted in the loss of over six months processing time. As a result, the processing timeline for standard applications has increased. The average processing time for citizenship applications decided in 2020 was 13.5 months.
I am conscious that a significant backlog has built up regarding the granting of citizenships due to the inability to hold in person ceremonies during Covid-19. On 18 January 2021, I was pleased to announce a temporary system that enables citizenship applicants to complete their naturalisation process by signing a statutory declaration of loyalty. This signed statutory declaration replaces the requirement for citizenship applicants to attend citizenship ceremonies, which have been temporarily suspended during COVID-19. The Citizenship Division of my Department will communicate with applicants regarding the requirements, on a phased basis over the next few months until in-person citizenship ceremonies are able to recommence.
Under the temporary new system, up to 4,000 qualifying applicants are being asked to complete a statutory declaration that is sent to them by email from the Citizenship Division of the Immigration Service of my Department and bring it to one of the listed designated officials. The designated official must witness the applicant sign the statutory declaration. The applicant must then send the signed statutory declaration, the appropriate fee and any other requested documentation to Citizenship Division. Final processing will then take place and a certificate of naturalisation, will be sent to the applicant.
To date, 3,615 communications have issued and 1,350 declarations had been returned by the end of last week. A further 500 will issue by the end of this month. 858 certificates of naturalisation have already issued and more will issue in the coming weeks once the final processing of the returned declarations is completed.
It remains my intention that large scale ceremonies will recommence once circumstances allow. Since their establishment in 2011, citizenship ceremonies have been joyous occasions which mark the granting of Irish citizenships in a dignified manner and they have become a welcome addition to our public and civic life. In-person ceremonies have been provisionally scheduled to resume in December 2021, subject to the safety of all involved being assured.
Residency Permits
Questions (1179)
Aengus Ó Snodaigh
Question:1179. Deputy Aengus Ó Snodaigh asked the Minister for Justice if confirmation of receipt is provided for online stamp 4 renewals given that a person (details supplied) did not receive confirmation. [13873/21]
View answerWritten answers
The registration renewal application of the person referred to by the Deputy remains in draft format and is awaiting a submission by the applicant. A confirmation of receipt will only issue after the application is fully submitted.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Courts Service
Questions (1180, 1181)
Thomas Gould
Question:1180. Deputy Thomas Gould asked the Minister for Justice if divorce proceedings can continue remotely under level 5 restrictions. [13882/21]
View answerThomas Gould
Question:1181. Deputy Thomas Gould asked the Minister for Justice the guidance given to family courts on operating under level 5 restrictions, particularly in relation to divorce proceedings. [13883/21]
View answerWritten answers
I propose to take Questions Nos. 1180 and 1181 together.
Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me of the following.
Following the Government announcement applying additional level 5 restrictions in January 2021, with the goal of reducing mobility nationwide to stem the trajectory of Covid-19, the Courts Service activated enhanced Covid-19 level 5 protocols for the month of January 2021, in agreement with the judiciary. The enhanced protocols meant that courts remained open for urgent matters in areas of family law, criminal matters (especially cases involving people in custody), bail and urgent Judicial Reviews or Article 40 applications. Non urgent proceedings have been adjourned by the Courts Service until it is safe for matters to be dealt with once more.
Divorce proceedings are heard in both the Circuit Court and the High Court. In relation to the Circuit Court, I am advised that the Courts Service and the Judiciary have reviewed the current restrictions on three occasions since the Government announcement in January but, as Covid-19 cases are still at a high level, no changes have been made to the restrictions in the area of family law. Judges are available to deal with urgent matters when required and have, in circumstances where they feel it is appropriate, dealt with matters remotely. In relation to divorces, it is a matter for each Circuit Court to evaluate cases before it to decide how to proceed and whether they are suitable for remote hearing.
The question of remote hearings for interested parties in the High Court family law was addressed in a family law notice published by the Courts Service on 1 February 2021. I understand that remote hearings for High Court family law have commenced and are dealing with matters on consent as well as directing remote hearings where appropriate on dates to be fixed in the Hilary or Easter Term. This facility has been expanded to include short contentious matters of no longer than two hours duration if the parties consent to a virtual hearing. It is intended that the facility of virtual hearings will be expanded and applications for longer remote hearings will be considered.
I am advised by the Courts Service that the situation is kept under review in light of the current level 5 restrictions. Any applications for a remote or physical hearing in respect of urgent matters as they arise can be made to the Judge in charge of the Family Law list.
The Government is committed to ensuring adequate resources for the courts in order to maintain access to justice for all citizens. This commitment was reinforced recently with the highest ever budgetary allocation for the Justice sector including €158.8 million for the Courts Service. This included €8 million for the new Courts Modernisation Programme along with an additional provision of €5.7m for COVID measures to enable court sittings take place in a socially distanced and safe environment. A significant priority for my Department and the Courts Service in the years ahead will be to significantly invest in digital technology, to transform the experience of practitioners and of court users. The Courts Service is currently rolling out videolink facilities to 43 additional courtrooms across the country and is looking to enhance the infrastructure used in virtual courts.
Prison Service Staff
Questions (1182)
Thomas Pringle
Question:1182. Deputy Thomas Pringle asked the Minister for Justice the steps being taken by her Department to investigate the holding of a retirement party in Portlaoise Prison in contravention of Covid-19 regulations; the persons responsible for it; if any staff will be or have been reprimanded in relation to it; and if she will make a statement on the matter. [13908/21]
View answerWritten answers
I understand that what the Deputy is referring to is an event that was held in the Midlands Prison on the 27 March 2020 to mark the retirement of the then Governor.
The Deputy will also be aware that the Director General had, at the time, advised the then Governor that any large gathering, or large assembly of staff, to mark her retirement at that time was not permissible and the large gathering planned for that day was cancelled and I am advised that a lunch, for a small number of people, was served in the staff canteen on the day.
In the following days it emerged that two staff members, assigned to Irish Prison Service Headquarters, attended the event without authorisation and I am advised that their attendance on the day has been addressed through the appropriate channels with the staff concerned.
Protected Disclosures
Questions (1183)
Thomas Pringle
Question:1183. Deputy Thomas Pringle asked the Minister for Justice her views on whether it is appropriate that the Irish Prison Service should decide which matters in relation to protected disclosures in the service are relevant to be investigated by an external agency; her views on whether an agency independent of the Irish Prison Service should decide what is relevant or within the terms of reference; and if she will make a statement on the matter. [13909/21]
View answerWritten answers
As the Deputy is aware, the Protected Disclosures Act was enacted in 2014 to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. The purpose of the Act is to afford important protections to persons making protected disclosures.
The Irish Prison Service has its own Protected Disclosures Policy in place, with independent external assessment of disclosures made. As the Deputy will note, the procedure followed differs from the assertions in his question. I am assured that all disclosures made to the IPS are assessed independently and objectively.
Overall responsibility for the policy and procedures of the Prison Service Protected Disclosure Policy rests with the Director General. Day-to-day responsibility for the Policy and Procedures is delegated to the Director of Corporate Services or her/his nominee and day-to-day responsibility for the administration of the Policy and Procedures is delegated to the Protected Disclosures Manager or her/his nominee. These processes are in line with the Act.
The Protected Disclosures Assessor is an independent, external expert appointed by the Irish Prison Service to conduct an assessment. When a disclosure of an alleged relevant wrongdoing is made, the Protected Disclosures Manager will arrange for the Protected Disclosures Assessor to undertake an initial assessment of the disclosure under these Procedures as soon as possible.
I am informed that this assessment process involves an assessment of the disclosure to determine whether or not it should be treated as a protected disclosure, having regard to a number of relevant matters. If the Assessor concludes that the disclosure should be treated as a protected disclosure, the Protected Disclosures Manager will notify the worker who made the disclosure that an investigation will be undertaken by the External Investigator. Any allegations of wrongdoing deemed by the Assessor to be outside the scope of the Act are addressed or investigated under the appropriate process.
The External Investigator is an independent external investigator appointed by the IPS Protected Disclosures Manager to conduct an investigation of a disclosure made under the Policy and Procedures/a complaint of penalisation or a review. The External Investigator will investigate the protected disclosure and will issue a report to the Protected Disclosures Manager of his/her findings within sixty working days of the date upon which the investigation is commissioned, or, where this is not reasonably practicable, within such further period as the External Investigator shall notify to the Protected Disclosures Manager.
Coroners Service
Questions (1184, 1185)
Ged Nash
Question:1184. Deputy Ged Nash asked the Minister for Justice the number of coroners and deputy coroners, respectively, in the State; the salary paid to coroners and deputy coroners, by county, in tabular form; the way coroners are appointed in each area; the qualifications required; the way deputy coroners are appointed; the criteria for selection; and if she will make a statement on the matter. [13929/21]
View answerGed Nash
Question:1185. Deputy Ged Nash asked the Minister for Justice the number of coroner's inquests in 2019 and 2020 in counties Louth, Mayo and Wicklow, respectively; and if she will make a statement on the matter. [13930/21]
View answerWritten answers
I propose to take Questions Nos. 1184 and 1185 together.
There are currently 34 coroners in 39 coronial districts, with 37 deputy coroners in place. The names of coroners, their deputies and the coronial districts they act in are published and available on the website www.coroners.ie.
Coroners are appointed by the local authority, with the following three exceptions:
- The coroner for the coroner’s district of Dublin is appointed by the Minister for Justice.
- Where a vacancy arises in a particular coronial district, and that district falls within a local authority’s area where there is more than one coronial district, the Minister for Justice may, (following consultation with the local authority) direct another coroner from the same local authority area to assume the coronial duties of the vacant office. If the Minister issues such a direction, the coronial districts will be deemed to have been amalgamated. The coroners consent to act in the amalgamated district is required. (Section 32 (7)(1 & 2) of the Civil Law (Miscellaneous Provisions) Act, 2011.
- The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, contained amendments to the Coroners Act 1962 to provide, should the appropriate need arise in the opinion of a coroner, for the capability for a rapid increase in coronial capacity for a fixed period, by the temporary assignment or appointment of an additional coroner, to work concurrently with the existing coroner for a district. These appointments are limited to a 6 month time frame, and Ministerial approval is required for any extension of this period. To date, two such appointments have been made, one in Kildare and one in Meath.
Section 8 (3)(e) of the Coroners Act 1962, provides that every person to be recommended for appointment to the office of coroner shall be selected by the Local Appointments Commissioners.
The legal requirements for a person to be appointed as a coroner or a deputy coroner are also set out in the legislation. No person shall be appointed to be a coroner or a deputy coroner unless he/she is a practising barrister of at least five years' standing, a practising solicitor of at least five years' standing or a registered medical practitioner who has been registered, other than provisionally or temporarily, under the Medical Practitioners Acts, 1927 to 1961, in the Register of Medical Practitioners for Ireland, or who has been entitled to be so registered, for at least five years.
Section 13 (1) of the 1962 Act, provides that each coroner shall appoint a deputy coroner. Such deputy coroner appointments must be approved by the relevant local authority and, following a statutory amendment in 2011, by the Minister for Justice. Under section 13(4)(a) of the Act, a person appointed a deputy coroner may act for the coroner during the illness or absence of the coroner or where, for example, the office of coroner is vacant. A deputy coroner acting as coroner has all the duties and powers of a coroner. In addition, a person who is appointed a deputy coroner must fulfil the requirements for appointment as a coroner. Deputy coroners do not receive a retainer, and are paid on a fee per item as outlined below.
Payments are made to Coroners by the Local Authority with responsibility for each District, with the exception of Dublin, on the basis of a basic retainer and a fee per item as set out below. The Dublin Senior Coroner receives an annual retainer of €25,000 and the Cork City coroner receives an annual retainer of €44,152.
Retainer
Grade 1 - €21,744.00
Grade 2 - €17,932.00
Grade 3 - €12,807.00
Fee per case
Death reported - €129.68
Deaths certified following post mortem - €188.54
Death certified following post mortem and inquest - €522.97
The figures for annual retainers incorporate staffing, accommodation and general office costs. The annual returns completed by each coroner in respect of 2020, can be found under the ‘Publications’ section on www.coroners.ie.
The table below sets out the data requested by the Deputy on the number of inquests held in counties Louth, Mayo and Wicklow in 2019 and 2020.
|
Number of inquests held |
Louth |
Mayo |
Wicklow |
|
2019 |
54 |
71 |
38 |
|
2020 |
13 |
52 |
38 |
Legislative Programme
Questions (1186)
Cathal Crowe
Question:1186. Deputy Cathal Crowe asked the Minister for Justice the status of reforms her Department is examining in terms of licensing laws for the retail of alcohol in off-licences. [13934/21]
View answerWritten answers
The Justice Plan 2021, which I recently published, commits to reviewing and modernising alcohol licensing.
My Department is actively engaged with the Night-Time Economy Taskforce looking at innovative approaches to support and develop a vibrant, diverse night-time culture and economy in Ireland. The work of the Taskforce is ongoing and has included wide stakeholder engagement. A key challenge identified by stakeholders is the outdated alcohol licensing legislation and this will be reflected in the report of the Taskforce. We are working with Minister Catherine Martin and the Taskforce to ensure we can deliver on work of the Taskforce and its recommendations without delay and that is why we set out commitments in the Justice Plan 2021 on this major legislative reform in line with our Programme for Government commitments. It is my firm intention that this reform will be developed with a supportive approach to businesses and the interests of public health, consumers and communities will be central to implementation.
It is my intention to bring forward legislation that will contain proposals to update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs, by replacing both the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008 with streamlined provisions more suited to modern conditions.
While the work of the Night Time Economy Taskforce is well-advanced, work on the consolidation and reform of the licensing laws more generally is at an early stage of development. I can assure the Deputy that it is my intention to engage constructively with stakeholders as that work progresses.
Passport Applications
Questions (1187)
Thomas Pringle
Question:1187. Deputy Thomas Pringle asked the Minister for Justice when a person's (details supplied) passport book, birth certificate and other information will be received from her Department; the status of the application; and if she will make a statement on the matter. [13951/21]
View answerWritten answers
A change of status application from the person referred to by the Deputy, was received by the Immigration Service of my Department on 8 March 2021. Correspondence issued to the applicant on 9 March 2021 requesting additional information. To date, no response has been received. On receipt of a response to the correspondence, the Immigration Service will organise the return of all original documentation.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Crime Prevention
Questions (1188)
Aengus Ó Snodaigh
Question:1188. Deputy Aengus Ó Snodaigh asked the Minister for Justice if her attention has been drawn to the increase in the past year of incidents of drug-related intimidation in communities; and the additional steps that have been taken by An Garda Síochána to tackle same. [13961/21]
View answerWritten answers
As the Deputy will be aware, tackling crime in our communities is a priority for this government and for An Garda Síochána. As part of Budget 2021, the government has provided a record €1.952 billion to an Garda Síochána in their efforts to tackle crime and to build community resilience against crime.
In respect of drug related crime, the Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. Its work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities including in Dublin. It also works closely and productively with international law enforcement partners.
The Government has in place the National Drugs Strategy, "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025". The Strategy is unique among national drugs strategies across EU Member States in recognising the need to address drug-related debt intimidation at a community level.
The Programme for Government, Our Shared Future, includes a commitment to support the Drug-Related Intimidation Reporting Programme. The programme, which was developed by An Garda Síochána in partnership with the National Family Support Network (NFSN), responds to the needs of drug users and family members who may be subject to the threat of drug related intimidation, has been implemented on a national level since 2013.
An Garda Síochána recognises drug-related intimidation's significant impact on communities, with particular regard to the families of those involved in buying and/or using controlled substances, who are particularly vulnerable to being subject to such intimidation. In these interactions, An Garda Síochána advise all persons, even in instances where an individual has felt compelled to pay money to those who engage in drug related intimidation, that they should seek the help and support that An Garda Síochána makes available to them.
An Garda Síochána and, in particular, the Garda National Drugs & Organised Crime Bureau (GNDOCB), continues to liaise and brief senior Garda Management, in relation to incidents of drug-related intimidation and the potential role of the Reporting programme, in addressing the issues that arise in that regard.
Each divisional officer is required to nominate a member of inspector rank, in his/her division, to undertake the role of ‘single point of contact’ with responsibility for the practical implementation of the commitments and responsibilities of An Garda Síochána set out in the National Drugs & Alcohol Strategy. However, addressing drug related intimidation is considered a responsibility that is to be addressed by all operational members within each Garda Síochána division.
I am assured that, in dealing with any complaint of drug related intimidation or the seeking by individuals of relevant advice, An Garda Síochána do so in a manner that is designed to afford the person or family subject to intimidation with the appropriate level of security, advice and support.
An Garda Síochána deals with drug related intimidation in a confidential and secure manner. Insofar as possible, An Garda Síochána offers confidentiality and provides practical personal security and safety information and advice in relation to particular threats or instances of intimidation, along with information on appropriate drug support services for the individual in the family who is accruing drug debts, while also providing information regarding the process involved in making a formal complaint.
An Garda Síochána continues to create awareness and promote the Drug-Related Intimidation Reporting Programme in communities nationwide, with the assistance of the National Family Support Network, relevant agencies, Regional and Local Drug and Alcohol Task Forces and through community groups, among others.
Information in relation to the Drug Related Intimidation Reporting Programme is now available on the Garda Síochána Website, www.garda.ie, the National Family Support Network website and the Drugs.ie website.
Crime Data
Questions (1189)
Aengus Ó Snodaigh
Question:1189. Deputy Aengus Ó Snodaigh asked the Minister for Justice the drug finds by An Garda Síochána and other State agencies in each of the past five years calculated as being over €13,000; the counties in which the finds were made; the types of drugs involved; the number of persons charged and convicted; and the lengths of sentences issued by the courts. [13962/21]
View answerWritten answers
As the Deputy will be aware, there are multiple State agencies involved in the interdiction and seizure of drugs. Some of these agencies, such as the Customs Service of the Revenue Commissioners and the Irish Naval Service, rest outside of my remit as Minister for Justice.
I have, however, contacted An Garda Síochána, the Courts Service and the Criminal Asses Bureau to obtain the information requested from the agencies under my remit and have been advised of the following.
CAB has had one drugs seizure valued over €13,000 in the last five years on 12 February 2019. This seizure occurred in County Limerick and involved Cocaine. Two persons were charged in connection with this find and the case is currently before the Circuit Court.
An Garda Síochána have advised that drugs seizures valued at €13,000 or over are recorded on PULSE as incidents of the types “Cultivate or Manufacture of Drugs”, “Importation” or “Possession of Drugs for Sale and Supply”. There is no distinct incident type for seizures which are valued at €13,000 or more.
All "Possession of Drugs for Sale and Supply", "Importation" and "Cultivation or Manufacture of Drugs" Incidents
The table above relates to all incidents of type “Cultivate or Manufacture of Drugs”, “Importation” or “Possession of Drugs for Sale and Supply” regardless of the value of the seizure. This data was drawn down from PULSE on 15/03/2021. Data is presented for Garda Divisions, some of which are comprised of two counties.*
Charges and summonses data is also available for drugs offences. This information was drawn down on 11/03/2021. The figures presented in the tables below relate to charges and summonses for the following sections of the Misuse of Drugs Act 1977:
- Section 15A, which relates to possession of drugs with a value of at least €13,000,
- Section 15B, which relates to the importation of drugs with a value of at least €13,000.
Charges & Summonses Issued for S15A and 15B Misuse of Drugs Act for "Possession of Drugs for Sale and Supply", "Importation" and "Cultivation or Manufacture of Drugs" Incidents
Multiple charges or summonses may be issued for incidents, for example, if there are multiple offenders, multiple drug types, or multiple categories of charges. Furthermore, charges or summonses may not have been issued in relation to all incidents to date. The figures in the table above should not therefore be taken to be a direct subset of the incident numbers above. The number of charges/summonses is only possible to provide at a regional level.
Confirmed information on types of drugs is only available following analysis by Forensic Science Ireland. In an effort to provide some insight into drug types, the drugs detailed in the Section 15A and 15B charges/summonses have been examined.
Drug Categories associated with Charges & Summonses Issued for S15A and 15B Misuse of Drugs Act 1977 for "Possession of Drugs for Sale and Supply", "Importation" and "Cultivation or Manufacture of Drugs" Incidents
In relation to the number of convictions secured and length of sentences handed down by the Courts for these seizures, I have been advised by the CourtsService that this information is not available. The Integrated Criminal Management System (ICMS) is used by the Courts Service in cases before the Circuit Courts. The particular offence referred to by the Deputy is tried only in the Circuit Court and the ICMS only allows reports by offence category (e.g. "DRUG OFFENCES"), rather than for individual offences. The offence category of 'Drugs Offences' contains multiple offences so therefore it would not be possible to provide the information sought.
*Incident figures are taken from PULSE as of 01:30 on 15/03/2021, they are operational and liable to change.
Direct Provision System
Questions (1190)
Catherine Connolly
Question:1190. Deputy Catherine Connolly asked the Minister for Justice the engagement she has had with the Minister for Children, Disability, Equality, Integration and Youth on implementation of the recently published White Paper on Ending Direct Provision; the way in which her Department and in particular the International Protection Office will deliver on the White Paper; her plans for reducing international protection application processing times; when the current backlog of cases will be cleared; and if she will make a statement on the matter. [13966/21]
View answerWritten answers
My Department is committed to implementing our responsibilities under the White Paper to End Direct Provision and Establish a New International Protection Support Service, which was recently published by my colleague, Minister O'Gorman. There has been regular engagement between my officials and those of the Department of Children, Disability, Equality, Integration and Youth in relation to the development and implementation of the White Paper, and I have also met with Minister O'Gorman, in this regard.
I have established a Programme Board in my Department to oversee the implementation of the relevant recommendations of the Expert Advisory Group and the White Paper. This is supported by an Implementation Working Group comprising senior officials from the relevant areas of my department to support their implementation and to report to the Board on progress at regular intervals. The Programme Board will report directly to the Cabinet Committee on Social Affairs and Equality on progress in this regard, while my Department will also be represented on a Programme Board to be established and chaired by Minister O'Gorman, which will set performance indicators for the new model and monitor progress against those indicators.
My Department is committed to making further efficiencies in the international protection process. In this regard, the White Paper commits to implementing the key recommendations in the Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months respectively.
Work is underway in my Department towards identifying mechanisms which will assist with working towards improved processing times. Additional ICT resources have been secured for 2021 and detailed work including an end-to-end review of processes to guide enhanced processing times is underway. When this first phase of work has been carried out it will enable a more detailed set of milestones to be put in place.
My Department is also committed to ensuring that additional resources designated for the International Protection Office (IPO) are deployed in the most efficient and effective way possible to increase the output of quality decisions and to the introduction, where appropriate, of new initiatives to further enhance processing times, including increased use of ICT to further streamline the application process and increased use of remote interviews and hearings.
A number of such initiatives have been introduced to date, including the relocation of the Ministerial Decisions Unit to the IPO to improve work processes, the designation of the International Protection Appeals Tribunal as a body authorised to hold remote hearings and the holding of virtual interviews with some international protection applicants living outside of Dublin by the IPO.
In relation to the current backlog of international protection cases, my Department intends, in the first instance, to prioritise processing of all cases using improved processes and the planned ICT investment in the system.
My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times and based on the outcome of that review, decide by the end of 2022, whether additional measures are required in order to ensure that the new system can come into operation without the overhang of any significant number of legacy cases.
Domestic Violence Policy
Questions (1191, 1214, 1232, 1236)
Seán Canney
Question:1191. Deputy Seán Canney asked the Minister for Justice her plans to provide free psychological support for victims of domestic abuse following their court cases being finalised (details supplied); and if she will make a statement on the matter. [13991/21]
View answer
Holly Cairns
Question:1214. Deputy Holly Cairns asked the Minister for Justice her views on providing free psychological support for all victims after their court cases end; and if she will make a statement on the matter. [14340/21]
View answer
Bernard Durkan
Question:1232. Deputy Bernard J. Durkan asked the Minister for Justice her plans to provide counselling services for victims of serious crime; and if she will make a statement on the matter. [14487/21]
View answerCatherine Connolly
Question:1236. Deputy Catherine Connolly asked the Minister for Justice her plans for the provision of free psychological support for all victims of crime after their court cases end, particularly in view of the retraumatising effect of criminal trials on many victims; and if she will make a statement on the matter. [14590/21]
View answerWritten answers
I propose to take Questions Nos. 1191, 1214, 1232 and 1236 together.
I would like to thank the Deputies for raising this important issue. Protecting and supporting victims of crime for the duration of their journey through the criminal justice system is a key priority for me.
The Deputies, I am sure, are aware, that I recently launched a new strategy statement for my department, along with a detailed action plan for 2021. Goal 3 of the strategy statement commits to ‘Strengthening community safety, reduce reoffending, support victims and combat domestic sexual and gender based violence’. It commits to placing victims at the centre of our criminal justice system and working to remove the fear that many victims have of coming forward to report what happened to them.
The Justice Plan 2021 has a number of actions to advance this goal, including through the implementation of Supporting a Victims Journey. Supporting a Victims Journey is a detailed roadmap, which when implemented, will ensure we have a more victim-centred system that supports and empowers victims and gives them the confidence to engage with all services knowing they will be supported, informed and treated with respect and dignity at every point and by every person they come into contact with.
It is important to state that the supports being introduced will be provided regardless of whether or not criminal proceedings are in train and will extend beyond the trial and verdict because victims do not stop needing support at the end of a trial.
I am deeply committed to implementing in full all of the recommendations set out in Supporting a Victims Journey and I am chairing an Implementation Oversight Group comprising all relevant Departments and Agencies responsible for driving the implementation of the agreed actions.
While the provision of counselling services is not directly under my remit and falls to Tusla and the Department of Health, I can confirm that both were represented on the O'Malley Implementation group and are committed to delivering the recommendations as set out in Supporting A Victims Journey and to providing all relevant supports for victims of crime.
Courts Service
Questions (1192, 1205, 1231)
Mick Barry
Question:1192. Deputy Mick Barry asked the Minister for Justice the measures that will be put in place to ensure that all cases related to family law and divorce proceedings in County Cork are progressed with, notwithstanding the Covid-19 restrictions; and if she will make a statement on the matter. [13994/21]
View answer
Pádraig O'Sullivan
Question:1205. Deputy Pádraig O'Sullivan asked the Minister for Justice if her attention has been drawn to a matter (details supplied) in relation to family court services in Cork; when this service is likely to resume; and if she will make a statement on the matter. [14203/21]
View answerMick Barry
Question:1231. Deputy Mick Barry asked the Minister for Justice the steps being put in place by Cork city courthouse to hold cases remotely in circumstances in which hearings have been cancelled due to level 5 Covid-19 restrictions. [14461/21]
View answerWritten answers
I propose to take Questions Nos. 1192, 1205 and 1231 together.
Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business are matters for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they activated enhanced Covid-19 Level 5 protocols in January 2021, in agreement with the Judiciary. The enhanced protocols meant that Courts remained open for urgent matters in areas of family law, criminal matters (especially cases involving people in custody), bail and urgent Judicial Reviews or Article 40 applications. Non urgent proceedings were adjourned. Following the Government announcement to extend current Level 5 restrictions, the Courts Service and the Judiciary agreed to continue the existing Covid-19 Level 5 protocols into the month of March 2021.
In line with the direction of the President of the Circuit Court, Cork Circuit Court family trials are adjourned while restrictions are at level 5.
In relation to divorce cases, it is a matter for each Circuit Court to evaluate cases before it to decide how to proceed and whether they are suitable for remote hearing. A Cork Circuit Court Judge sat for two days last month and 30 consent divorces were dealt with in the courthouse on those days. A small number of additional cases were held last week to trial the use of Virtual Meeting Room (VMR) technology in such cases. If successful, I understand that more consent divorce cases can be listed.
The Courts Service informs me that the District Court Judge in Cork is hearing urgent domestic violence applications (protection orders, interim barring orders and barring orders) and cases involving emergency care orders. The Judge is also taking ex-parte applications and where there are signed consents between the parties, these are being ruled. Access and maintenance cases and safety orders are adjourned to dates later in the year. In addition, some additional Court dates have recently been added to allow more matters to be heard and disposed of.
The Courts Service has also advised that while facilities are not available to hear cases remotely in Midleton Court, a District Court Judge has sat on additional days to the scheduled dates so that the court list can be processed over more court days.
The Courts Service confirmed that cases involving lay litigants cannot proceed using VMR technology. This is to ensure that the in camera rule would not be breached, that there is no undue influence at play, or that matters are not recorded. VMR courts are being used to call over child care cases with a limited number of legal practitioners who practice in this area.
The Courts Service has assured me that the situation is kept under review in light of the current Level 5 restrictions. Any applications for a remote or physical hearing in respect of urgent matters as they arise can be made to the Judge in charge of the Family Law list.
Passport Services
Questions (1193)
Paul Kehoe
Question:1193. Deputy Paul Kehoe asked the Minister for Justice the timeframe for the return of documentation held in her Department once urgently requested (details supplied); and if she will make a statement on the matter. [13996/21]
View answerWritten answers
An application for a certificate of naturalisation was received from the person referred to by the Deputy on 22 February 2021. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.
The Citizenship Division of my department sent an acknowledgement letter to the applicant, which included the return of all original documentation including the passport on 15 March 2021.
Under normal circumstances, passports are returned approximately 10 days after their receipt. However, the current limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports.
Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons. The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk www.citizenshipinfo@justice.ie with the relevant details including postal tracking reference if available. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Covid-19 Pandemic
Questions (1194)
Imelda Munster
Question:1194. Deputy Imelda Munster asked the Minister for Justice if her attention has been drawn to reports that fake negative Covid-19 test certificates and documentation are being sold to persons enabling them to avoid travel restrictions; the mechanism in place to ensure that all negative Covid-19 test certificates and documentation produced on arrival at ports and airports in the State are genuine; and if she will make a statement on the matter. [13997/21]
View answerWritten answers
From midnight on 15 January 2021 all passengers arriving into Ireland by air or ferry are required to produce evidence of a negative/not detected RT-PCR covid-19 test, taken up to 72 hours prior to arrival.
Regulations under the Health Act 1947 underpin these requirements. Under these Regulations, passengers are legally required to produce evidence of a negative/not detected result from an RT-PCR covid-19 test when boarding a ferry or aircraft and will be denied boarding by the carrier if they cannot produce such evidence unless they fall into the very limited exemption categories.
Checks of evidence of a negative/not detected RT- PCR covid-19 test on all arriving passengers into the State are carried out by Immigration Officials of the Border Management Unit and An Garda Síochána at ports of entry to the State. All cases where a test result is not available, or where the authenticity of the test result documentation is queried, are referred for further investigation to An Garda Síochána who have a presence at all approved ports of entry to the State.
Passengers who arrive in an Irish port or airport without evidence of a negative/not detected test result or with a confirmed fraudulent test result will commit an offence and may be subject to prosecution, punishable by a fine not exceeding €2,500 and/or imprisonment for a term not exceeding 6 months, or both. In such cases, An Garda Síochána will prepare a file for the Director of Public Prosecutions.
Garda Recruitment
Questions (1195)
Brendan Howlin
Question:1195. Deputy Brendan Howlin asked the Minister for Justice when the next round of recruitment to An Garda Síochána will take place; the number to be recruited; and if she will make a statement on the matter. [14006/21]
View answerWritten answers
As the Deputy will be aware, the Garda Síochána Act 2005 provides that the Garda Commissioner is the accounting officer for An Garda Síochána and is responsible for the management and administration of the Garda organisation, including the recruitment, training and appointment of its members. As Minister, I have no role in these matters.
Budget 2021 provided for the recruitment of up to 620 Garda Trainees in 2021. However, due to the impact of the COVID-19 pandemic, I am informed by the Garda Commissioner that An Garda Síochána currently plan to take in approximately 450 new Garda Trainees over the course of 2021, all assigned from previous competitions.
I am further informed that it is projected that a new Garda Trainee Competition will commence in Quarter 4 of 2021. These plans are subject, of course, to the evolution of public health restrictions in response to the COVID-19 pandemic.
Naturalisation Applications
Questions (1196)
Bernard Durkan
Question:1196. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [14015/21]
View answerWritten answers
An application for a certificate of naturalisation was received from the person referred to by the Deputy on 2 September 2020. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person 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.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Commencement of Legislation
Questions (1197, 1289)
Pauline Tully
Question:1197. Deputy Pauline Tully asked the Minister for Justice the timeframe for commencement of section 221 of the Legal Services Regulation Act 2015; and if she will make a statement on the matter. [14021/21]
View answerHolly Cairns
Question:1289. Deputy Holly Cairns asked the Minister for Justice further to Parliamentary Question No. 775 of 17 February 2021, her views on extending the statute of limitations for those persons affected by the CervicalCheck scandal to lodge a High Court case given the complications of both Covid-19 and the delay in establishing the CervicalCheck tribunal; and if she will make a statement on the matter. [15902/21]
View answerWritten answers
I propose to take Questions Nos. 1197 and 1289 together.
The Statute of Limitations (Amendment) Act 1991 provides for a special time limit for actions in respect of personal injuries and the period of limitation in cases of fatal injuries. Originally set at 3 years, the limitation period in respect of personal injuries and fatal injuries was reduced to 2 years by an amendment to the 1991 Act by the Civil Liability and Courts Act 2004.
Part 15 of the Legal Services Regulation Act 2015 deals with clinical negligence actions and includes a further amendment of the 1991 Act in relation to the limitation periods applicable in the case of a clinical negligence action. Part 15 includes an amendment of the 2004 Act dealing with clinical negligence actions where a person has suffered personal injury or death. Principally, the amendment of the 2004 Act provides for the introduction of a pre-action protocol relating to clinical negligence actions, the terms of which shall be specified in regulations to be made by the Minister for Justice and Equality. Part 15 also includes an amendment of the 1991 Act to increase from 2 years to 3 years the limitation period in respect of personal injuries and fatal injuries in the case of a clinical negligence action.
It is intended that this change in the limitation periods will be effective on the date to be fixed by order for the coming into operation of Part 15 of the 2015 Act. This date has not yet been fixed, primarily for the reason that the regulations to be made dealing with the pre-action protocol are currently being prepared by my Department with the assistance and advice of the Office of the Attorney General and in consultation with key stakeholders.
Separately, the CervicalCheck Tribunal is a matter for the Department of Health. I understand that the Minister for Health has already noted he is committed to developing a proposal to address any claims should the need arise, for claims that might be outside of the statute of limitations owing to the delay in establishing the Tribunal appropriately.
Ministerial Responsibilities
Questions (1198)
Pa Daly
Question:1198. Deputy Pa Daly asked the Minister for Justice if she will consider correcting the record of Dáil Éireann with regard to a matter relating to Clancy Barracks (details supplied). [14090/21]
View answerWritten answers
I refer the Deputy to the response to Questions Nos. 450, 451, 453, 454, 455, 456 and 457 of 8 October 2013 in which the then Minister for Justice set out the position in respect of this matter.
The Deputy will appreciate that the sale of Clancy Barracks was a matter for the Minister for Defence at that time. The date of sale of Clancy Barracks is a matter of public record and it has been expressly stated by previous Ministers for Justice and Ministers for Defence in the Dáil that the sale of Clancy Barracks was completed in March 2004.
In the circumstances, I do not consider that it is either appropriate or necessary for me to seek to change the record of the Dáil.
Legislative Measures
Questions (1199, 1200)
Thomas Gould
Question:1199. Deputy Thomas Gould asked the Minister for Justice if the general scheme of a gambling control Bill has been published; and if not, when it will be published. [14112/21]
View answerThomas Gould
Question:1200. Deputy Thomas Gould asked the Minister for Justice the substantial changes planned for the gambling control Bill due to be published, in comparison with the previous general scheme published in 2013. [14113/21]
View answerWritten answers
I propose to take Questions Nos. 1199 and 1200 together.
The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. The Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective.
As outlined in the Justice Plan 2021, I expect to be in a position to publish the Scheme of the Bill in Q3 2021, and will seek Government approval for the drafting of the Bill on that basis.
While a General Scheme of a Gambling Control Bill was published in 2013, a considerable amount of further work has been done in the meantime. The Inter-Departmental Working Group on Future Licensing and Regulation of Gambling reported in 2019 and a European Commission funded report on the structure of a Gambling Regulator was produced in late 2019. The task now is to bring all three elements together, and having regard to the on-going evolution of the gambling industry, into one coherent Scheme of a Bill that will deliver on the Programme for Government commitment.
Given the size, complexity and technological development of the modern gambling industry and having regard to the current outdated and complex arrangements, it will be important that the regulator will be established on a sound footing and be adequately resourced to carry out this important task. A key change from the 2013 Scheme will be that it will an independent regulator.
Garda Reports
Questions (1201)
Peadar Tóibín
Question:1201. Deputy Peadar Tóibín asked the Minister for Justice if the An Garda Síochána expert review group on recruit education and entry pathways and learning and development is accepting submissions; the mechanism by which submissions can be made; when the group expects to submit its report to the Garda Commissioner; and if she will make a statement on the matter. [14156/21]
View answerWritten answers
The Deputy will be aware that the Expert Review Group on Recruit Education, Entry Pathways and Learning and Development commenced work in early Autumn 2020. Several meetings of the Group itself and two subgroups have been held, during which the full scope of the work of the group has been explored, the timeline for completion of the task agreed, and background work undertaken by a technical support team under the Chairperson, Dr Richard Thorn.
In early 2021, meetings of the Group were suspended due to the impact of the COVID-19 pandemic. In the meantime, work on gathering background data and the preparation of position papers has continued and it is intended to resume the work with the Group, in a modified format, within the next two weeks.
The Deputy will recall that the Report of the Commission on the Future of Policing was published in 2018 following significant consultation with a wide range of stakeholders including public representatives, government officials, academics in Ireland and abroad, Garda members of all ranks, and Garda staff. Its recommendations were accepted by Government in December 2018, including the establishment of an Expert Review Group to bring forward recommendations made in relation to recruit education and entry routes and pathways into An Garda Síochána, and in the area of learning and development within An Garda Síochána.
I am informed that, in line with their role as outlined in the Terms of Reference, the Expert Review Group is considering submissions made to the Commission on the Future of Policing in Ireland. Communication has taken place with the Garda Representative Associations and Unions with regards to their submissions. I am further informed that the Expert Review Group is only considering submissions as made to the Commission on Future of Policing in Ireland and is not currently accepting submissions.
The Expert Review Group report will be provided to the Commissioner towards the end of 2021.
Crime Data
Questions (1202)
John Lahart
Question:1202. Deputy John Lahart asked the Minister for Justice the estimated value of cash discoveries by An Garda Síochána and CAB in 2019 and 2020; the steps taken in relation to the cash seized; the use which is made of these funds; and if she will make a statement on the matter. [14161/21]
View answerWritten answers
I have requested the information from CAB and An Garda Síochána referred to in the question, unfortunately, this information was not available in time. I will write to the Deputy as soon as the report is to hand.