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Thursday, 16 Feb 2023

Written Answers Nos. 343-354

Departmental Properties

Questions (343)

Carol Nolan

Question:

343. Deputy Carol Nolan asked the Minister for Justice if he has received a request from the Minister for Children, Equality, Disability, Integration and Youth to identify properties under the control of his Department, or under the control of agencies under the remit of his Department, for the purposes of providing accommodation to international protection applicants or beneficiaries of temporary protection; if he has identified potential properties and their locations; and if he will make a statement on the matter. [7940/23]

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Written answers

I can confirm that I have received the request referenced by the Deputy from Minister Roderic O'Gorman.

My Department and the bodies under its aegis have previously reviewed the full portfolio of buildings, many of which are owned or leased by the Office of Public Works (OPW), and provided details of unoccupied buildings to the Department of Housing and/or the OPW in response to previous requests for accommodation for people fleeing the war in Ukraine.

In response to previous requests both for Ukraine and Housing for All, my Department also flagged that a portion of the Thornton site in North County Dublin could be made available if deemed suitable for the accommodation needs by the responsible bodies.

While there are no vacant or derelict buildings owned by my Department which appear to come within the scope of the most recent request, my Department is keeping its estate under review and if anything is identified it will be discussed with the Department of Children, Equality, Disability, Integration and Youth.

An Garda Síochána

Questions (344)

Bernard Durkan

Question:

344. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which adequate resources continue to be made available to An Garda Síochána to sustain the battle against drug barons; and if he will make a statement on the matter. [7947/23]

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Written answers

I am acutely conscious of the devastating impact that illegal drugs and drug dealing have on communities across the country. I have discussed these concerns with the Garda Commissioner and his senior team since my appointment as Minister.

The Deputy will be aware that the Garda Commissioner is, by law, responsible for deployment of Garda resources. The Government remains committed to ensuring An Garda Síochána has the resources it needs to keep communities safe, evidenced by the unprecedented funding of €2.14 billion provided in Budget 2023.

Tackling drug dealing and associated criminal activity, including by organised crime groups and by members of the public who, through their drug taking fuel this illegal and very harmful trade, is a top priority for An Garda Síochána and the Government.

The Government are committed to taking a number of direct actions to tackle this, including by:

- Increasing the maximum sentence for conspiracy to murder from 10 years to life in prison to tackle those who direct gangland and drug related crime; and

- Introducing new legislation which will criminalise the grooming of children into a life of crime.

An Garda Síochána tackles organised criminal activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations. To the greatest extent possible, these measures include the use of advanced analytical and intelligence methodologies.

The additional resources allocated to AGS in recent years have enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime, including the Armed Support Unit, Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau (CAB).

In December, I announced an additional capital allocation of €21.5 million to support significant investment in a replacement helicopter and fixed wing plane for An Garda Síochána. This investment will provide a vital support to the security of the State, offering consistent and effective capacity to Garda national units in the investigation of crime, including against Organised Crime Gangs (OCG) and drug traffickers.

An Garda Síochána also uses multi-disciplinary approaches to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Such approaches include the use of money-laundering legislation and the powers available to CAB under the proceeds of crime legislation.

The Deputy may also wish to know that the Garda Commissioner has tasked an Inspector in every Garda Division to respond to the issue of drug-related intimidation. There are currently thirty nominated Garda Inspectors appointed to act as liaison officers for the Drug-Related Intimidation Reporting Programme, covering each Garda Division.

An Garda Síochána

Questions (345)

Bernard Durkan

Question:

345. Deputy Bernard J. Durkan asked the Minister for Justice his plans to increase the strength of An Garda Síochána in the short-term; and if he will make a statement on the matter. [7948/23]

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Written answers

I would like to assure the Deputy that the Government remains committed to ensuring that An Garda Síochána has the resources it needs to perform its vital role in local communities across the country. This ongoing commitment is reflected in the unprecedented Garda allocation of over €2 billion in Budget 2023 which provides for the recruiting of a further 1,000 Garda members.

I very much support the Commissioner's ambition to accelerate Garda recruitment coming out of the COVID pandemic.

A new Garda recruitment competition will be commenced in the coming months and the Commissioner and his team have assured me that the target to recruit 1,000 new Gardaí in 2023 will be achieved. I will continue to engage closely with the Commissioner in relation to the delivery of this recruitment target.

I am confident that An Garda Síochána will continue to attract the numbers required to keep the public safe and I can assure the Deputy that this Government will not be found wanting in its support for this objective.

Crime Prevention

Questions (346)

Bernard Durkan

Question:

346. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the revised bail laws are successfully preventing crimes while the accused is on bail; and if he will make a statement on the matter. [7949/23]

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Written answers

As the Deputy has been advised by my predecessors, and as I am sure the Deputy appreciates, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law.

While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding Judge is entirely independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the Judge.

As previously conveyed to the Deputy, the Bail Act 1997 followed on foot of the 1996 referendum on a proposed amendment to the Constitution enabling a court to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the State’s bail laws were further strengthened, specifically by the Criminal Justice Act, 2007, the Criminal Justice Act, 2015, and the Criminal Justice Act, 2017.

In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.

The 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the Judge will issue a bench warrant and this gives An Garda Síochána power to arrest and bring the person before the Court to answer all charges relating to the bail.

In the event of a breach of High Court bail, the defendant must be brought before the Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge and an order and/or surety for ‘forfeiture and estreatment’ of the bail money.

While I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, all legislative provisions are of course kept under review.

The Deputy may wish to be aware that, Zero Tolerance, the Third National Strategy on Domestic Sexual and Gender Based Violence commits to establish a review cycle to identify outstanding and emerging further reforms required to law, practice and procedure outside of supporting the victim/survivor (with attention to the voices of adult and child survivors). As part of this work, consideration will be given to the possibility of placing limitations on the availability of bail for breaches of barring orders where there is a history of violence.

Prison Service

Questions (347, 348, 352)

Bernard Durkan

Question:

347. Deputy Bernard J. Durkan asked the Minister for Justice the number of prisoners on educational or rehabilitative courses while in prison; the extent to which the number has remained consistent over the past three years; and if he will make a statement on the matter. [7950/23]

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Bernard Durkan

Question:

348. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which rehabilitation and education continues to be offered to first-time offenders in prison; the number of such persons accessing such courses; and if he will make a statement on the matter. [7952/23]

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Bernard Durkan

Question:

352. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which educational and rehabilitation facilities remain available in all the prisons throughout the country; the extent to which first time offenders have access to such services; and if he will make a statement on the matter. [7957/23]

View answer

Written answers

I propose to take Questions Nos. 347, 348 and 352 together.

I have sought the information requested by the Deputy from the Irish Prison Service. However, the information was not available in time and I will write to the Deputy once the information is to hand.

Question No. 348 answered with Question No. 347.

Missing Persons

Questions (349)

Bernard Durkan

Question:

349. Deputy Bernard J. Durkan asked the Minister for Justice the total number of persons currently listed missing or otherwise unaccounted for; and if he will make a statement on the matter. [7954/23]

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Written answers

As the Deputy will be aware, by law the investigation of any missing persons case is an operational matter for An Garda Síochána. As Minister for Justice, I have no role in any individual Garda investigation.

I am advised by the Garda authorities that, as of 14 February this year, there are 844 persons reported as missing recorded on the Garda PULSE database. This data is operational and liable to change. I am informed that all missing person investigations remain open until the missing person is located.

I am further advised that a missing person investigation commences when the incident is reported to An Garda Síochána and is constantly reviewed at Superintendent level in the relevant Garda district at specific junctures within the investigation. This helps to ensure that the risk assigned to the investigation is ratified, that all investigative actions appropriate to the investigation are being pursued, and that the appropriate resources have been assigned to the investigation.

Child Abuse

Questions (350)

Bernard Durkan

Question:

350. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which he proposes to strengthen the law in regard to child sexual abuse; and if he will make a statement on the matter. [7955/23]

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Written answers

The Government takes the issue of sexual exploitation of children very seriously. There is comprehensive legislation in place to deal with these offences.

The Criminal Law (Sexual Offences) Act was enacted in early 2017. It is a wide-ranging piece of legislation which significantly enhances laws to combat the sexual exploitation and sexual abuse of children. Specific offences have been provided for in this Act to target the recognised steps in what is often a gradual process of grooming a victim.

Among the provisions of the 2017 Act are measures to strengthen significantly the existing criminal law in combating child exploitation. In particular, to address the use of modern communication technologies as a tool which may lead to child sexual exploitation.

The Deputy will be aware that sophisticated grooming often involves seemingly innocent contact with, or befriending of, a child, perhaps through text messaging, social media or messaging apps. This may be followed by the exposure of the child to sexual images or content. Section 8 of the Criminal Law (Sexual Offences) Act 2017 provides for a specific offence of using information and communications technology to communicate with a child for the purposes of sexual exploitation. The offence allows An Garda Síochána to investigate and bring to justice online predators, and carries a penalty of up to 14 years imprisonment. Section 8 of the sexual offences Act 2017 also includes an offence of sending sexually explicit material to a child. This is in recognition that the intention behind this type of activity may be to expose the child to material with a view to developing the child’s familiarity with such material or activity so as to facilitate the production of pornography or to meet the child for the purposes of sexual exploitation. The penalty for this offence is up to 5 years imprisonment.

The Deputy will be aware that child trafficking and exploitation (including the production of child pornography) are criminalised under the Child Trafficking and Pornography Act 1998, as amended by section 3 of the Criminal Law (Human Trafficking) Act 2008.

The Criminal Law (Sexual Offences) Act 2017 amended the Criminal Law (Sexual Offences) Act 2006 to raise the maximum penalty for engaging in a sexual act with a child who is under the age of 17 years from 5 to 7 years imprisonment. Furthermore, the 2017 Act amended the 2006 Act to raise the maximum penalty for attempting to engage in a sexual act with a child under the age of 17 years from 2 to 7 years imprisonment.

The Criminal Law (Sexual Offences) Act 2006, as amended, also provides that the maximum penalty for engaging in a sexual act with a child under the age of 15 years is life imprisonment. The same penalty applies to attempting to engage in a sexual act with a child under the age of 15 years.

Ireland ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (known as the "Lanzarote Convention") on 21 December 2020. The Convention entered into force in Ireland on 1 April 2021.

Part 2 of The Criminal Justice (Sexual Offences) Act 2017 which strengthens the law relating to the sexual exploitation of children, including child pornography, and criminalises the use of information and communication technology to facilitate such exploitation, ensures the State’s full compliance with criminal law provisions in the Convention.

The Criminal Law (Sexual Offences) (Amendment) Act 2019 introduced, inter alia, stricter penalties for repeat sexual offenders. The Act provides that where an offender is convicted of a sexual offence listed in a new schedule to the Criminal Law (Sexual Offences) Act 2017 (including a number of sexual offences against children) and is sentenced to imprisonment for a period of at least 5 years and is subsequently – within a period of 10 years – convicted of a further scheduled offence, the court shall, when imposing sentence for that offence, specify a term of imprisonment to be served by the person, that is no less than three quarters of the maximum penalty for the offence.

Where the maximum penalty is life imprisonment, the court shall impose a sentence of not less than 10 years imprisonment. However, the court has discretion not to apply the minimum sentence if it is satisfied that this would be disproportionate in all the circumstances of the case.

While there are currently no new legislative measures being advanced specifically in relation to child sexual abuse, I am bringing forward the Sex Offenders (Amendment) Bill which will strengthen the management of convicted sex offenders on release. It is expected that the Bill will be enacted by summer this year. I am of course committed to ensuring the law in this area is comprehensive and effective. As such, it is constantly kept under review and if further changes are identified as being needed, these will be brought forward.

Naturalisation Applications

Questions (351)

Bernard Durkan

Question:

351. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the number of persons awaiting naturalisation is being addressed with particular reference to those in this jurisdiction for more than five years and anxious to obtain employment; and if he will make a statement on the matter. [7956/23]

View answer

Written answers

The median processing time for applications for naturalisation currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. Unfortunately, due to unprecedented demand, and the legacy of the pandemic delays, processing times have extended.

In 2022 there were 13,613 Certificates of Naturalisation issued, including 1,719 in respect of minor applicants. This represents a 39% increase on the number of certificates issued in 2021 (9,780) and demonstrates my Department's commitment to processing applications in a timely manner.

There are ongoing developments and improvements being made to the citizenship application process. Significant reforms have been introduced for customers to streamline the number of proofs required to establish their identity and residency as part of the application process. A new scorecard was introduced to help applicants to complete their applications. Since this initiative went live, a preliminary review of applications received indicates that the quality of the applications has markedly improved.

I welcome this development which builds on other innovative measures introduced in the application process, including the deployment of “Tara” the e-chat bot, as well as e-payments, e-tax clearance and Gardaí e-vetting, and the removal of the requirement to provide the original passport when making an application, all of which have positively enhanced the applicant's experience.

Question No. 352 answered with Question No. 347.

Drug Dealing

Questions (353)

Bernard Durkan

Question:

353. Deputy Bernard J. Durkan asked the Minister for Justice the extent of the progress nationally, and in conjunction with other jurisdictions globally, to combat the activities of so-called drug barons; the extent to which international co-operation now plays an important part in this battle; and if he will make a statement on the matter. [7958/23]

View answer

Written answers

I assure the Deputy that I am acutely conscious of the devastating impact that illegal drugs and drug dealing have on communities across the country.

Serious and organised crime does not respect international borders, and Ireland is working closely with other States to fight organised crime and bring criminals to justice. The challenges we face are by definition transnational, and Ireland welcomes all efforts to develop a joined-up EU approach to confront them.

Given the global nature of the drugs trade, international law enforcement co-operation remains a key element in the overall response. Co-operation with international law enforcement agencies remains a key element of the Garda response in view of the global nature of the drugs trade, with Gardaí working closely with relevant law enforcement agencies such as Interpol and Europol to target drug trafficking.

I wish to acknowledge the superb and painstaking work of the Gardaí in harnessing an international coalition of support to tackle the criminality associated with Organised Crime Groups. The enforcement of sanctions demonstrates the value and power of international co-operation in tackling organised crime and sends a very clear message that this type of criminality will not go unnoticed or unpunished.

An Garda Síochána tackles organised criminal activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations. To the greatest extent possible, these measures include the use of advanced analytical and intelligence methodologies.

The additional resources allocated to AGS in recent years have enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime, including the Armed Support Unit, Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau (CAB).

The Deputy may also wish to be aware that my colleague, Minister James Browne, represented Ireland in Lisbon at the EU-Middle East North Africa Ministerial Conference earlier this week, with a focus on strategic police partnership working towards a trustful security co-operation.

Minister Browne also visited the Maritime Analysis and Operation Centre - Narcotics (MAOC-N), a European Law Enforcement Agency. The MAOC-N develops drug-related intelligence and co-ordinates the international operational response to the threat posed by the trafficking of illicit drugs in the maritime and air domains, especially transatlantic traffic. This EU Project was established by an international treaty signed by then seven EU Member States in 2007, including Ireland.

An Garda Síochána

Questions (354)

Ruairí Ó Murchú

Question:

354. Deputy Ruairí Ó Murchú asked the Minister for Justice the number and locations of speed cameras in County Louth; the new locations coming online in County Louth in 2023; and if he will make a statement on the matter. [8007/23]

View answer

Written answers

I have requested the information sought by the Deputy from An Garda Síochána, and will contact him again when this is to hand.End

The following deferred reply was received under Standing Order 51.
I refer to Parliamentary Question No. 354 of 16 February 2023 where you asked for: “the number and locations of speed cameras in County Louth; the new locations coming online in County Louth in 2023
As you will recall the information was not available at the time, and I undertook to contact you again when it was to hand.
I am advised by the Garda authorities that the number of mobile safety camera vans operating in any county can vary on a daily basis, so it is not possible to provide the number vans in operation in any county at a given time. I am advised however that the location of the zones in which the cameras operate can be found on the Garda website: https://www.garda.ie/en/roads-policing/safety-camera-locations/
I am further advised that the designation of specific sections of road as speed enforcement zones is based on an analysis of collision data. Following the selection of a speed enforcement zone the outsourced safety camera operator, GoSafe, liaises with local members of An Garda Síochána in order to identify suitable sites to operate from. Each site must be clearly visible and risk assessed to ensure the health and safety of both the public and the operators of the safety camera vans. Once a suitable site is confirmed ongoing surveys are conducted to monitor the compliance with speed limits.
Speed enforcement zones are continually reviewed to ensure enforcement activity is targeted and prioritised at the locations where collisions are occurring, with some zones being removed and additional zones being added.
When new safety camera zones become operational, they are made publicly available on the Garda website at the link above.
I trust that this information is of assistance.
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