Alan Kelly
Question:919. Deputy Alan Kelly asked the Minister for Justice how many letter notices pursuant to section 40 of the International Protection Act 2015 were issued in each of the years 2021, 2022 and 2023. [12424/24]
View answerInternational Protection
Questions (919, 920, 921)
Alan Kelly
Question:920. Deputy Alan Kelly asked the Minister for Justice how many letters, enclosing notices pursuant to section 40 of the International Protection Act 2015 were sent by way of registered post in each of the years 2021, 2022 and 2023. [12425/24]
View answerAlan Kelly
Question:921. Deputy Alan Kelly asked the Minister for Justice how many registered letters, enclosing notices pursuant to section 40 of the International Protection Act 2015 were returned to the IPO in each of the years 2021, 2022 and 2023. [12426/24]
View answerWritten answers
I propose to take Questions Nos. 919 to 921, inclusive, together.
My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
In July last year, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for international protection applicants. This will ensure those who are entitled to international protection to rebuild their lives here are given status, while also ensuring faster decision making in respect of those who do not meet the criteria.
All letters enclosing notices pursuant to Section 40 of the International Protection Act 2015 are currently notified by means of registered post from the IPO. The table below details the number of notices issued in the relevant calendar years.
|
Year |
No. of Notices Issued |
|
2021 |
2,387 |
|
2022 |
4,337 |
|
2023 |
8,074 |
|
Total |
14,798 |
Recent changes in the Courts and Civil Law (Miscellaneous Provisions) Act 2023, which amended the International Protection Act 2015, will complement a programme of digitalisation of IPO processes. Communication with applicants who have given their consent will increasingly be done by electronic means. As a consequence, there is likely to be a corresponding drop in the number of letters sent by registered post.
The Department of Justice does not maintain records which would readily identify the number of registered letters which were issued pursuant to Section 40(1) of the Act and subsequently returned to the IPO.
Question No. 920 answered with Question No. 919.
Question No. 921 answered with Question No. 919.
An Garda Síochána
Questions (922, 923)
Peadar Tóibín
Question:922. Deputy Peadar Tóibín asked the Minister for Justice the number of referrals made to the Garda Juvenile Diversion Programme, for each year from 2010 to 2023, for the following offences/offence categories, in tabular form. [12477/24]
View answerPeadar Tóibín
Question:923. Deputy Peadar Tóibín asked the Minister for Justice the number of referrals made to the Garda Juvenile Diversion Programme, which were not accepted by the programme in each of the years from 2010 to 2023, for offence categories (details supplied), in tabular form. [12478/24]
View answerWritten answers
I propose to take Questions Nos. 922 and 923 together.
As the Deputy will appreciate, the Garda Commissioner is responsible, by law, for the administration and management of Garda business, including the operation of the statutory Garda Youth Diversion Programme. As Minister, I play no role in these independent functions.The aim of the Garda Youth Diversion Programme is to prevent young people between the ages of 12 and 18 years of age from entering into the criminal justice system. Diverting young people from committing further offences is another intended outcome of the Programme. For certain serious crimes, as provided in Section 129(2) of the Criminal Justice Act 2006, young people aged 10 and 11 will be considered for inclusion in the Programme. The Garda Youth Diversion Bureau (GYDB) has responsibility for overseeing and developing the Diversion Programme nationally, which was put on a statutory basis under Part 4 of the Children Act 2001. The Bureau is headed by a Chief Superintendent or equivalent civilian level. The remit of the GYDB includes the administration, coordination and development of the Diversion Programme nationally. It holds an oversight position on all aspects of youth referrals and the Programme supports Garda divisions in ensuring effective governance and the timely processing of referrals. It also supports a network of Juvenile Liaison Officer (JLO) Sergeants and JLO Gardaí distributed across every Garda division countrywide. There is an appointed Director of the Diversion Programme at Superintendent rank. The Director’s role is provided for under section 20(1) of the Children Act 2001 and is a statutory position. When a young person comes to the attention of An Garda Síochána because of their alleged criminal or anti-social behaviour, they are required, under section 18 of the Children Act 2001, to be first considered for the Diversion Programme. In order to be considered for inclusion in the Diversion Programme, the young person must be under 18 years of age, accept responsibility for the offending behaviour, agree to be cautioned and, where appropriate, agree to the terms of supervision. The Director’s decision on whether or not to admit a young person to the Diversion Programme is based on a number of factors, such as the nature of the offence, the impact of the offence on the community, the views of the victim, and the offending history of the young person. If a child is deemed suitable for inclusion in the Diversion Programme, a JLO will be assigned to the child and they will administer a caution to the child. A caution may include a period of supervision where the JLO will continuously monitor the child’s progress in line with the plan they have agreed upon to reduce the likelihood of the child re-offending. In addition, where other needs are identified, the young person will be referred to a Garda Youth Diversion Project (if one is available in their area) or other clubs or projects in their community. If a child is deemed unsuitable for admission to the Diversion Programme, the Director will issue a signed certificate deeming them unsuitable for this offence. Due to the serious nature of the offences queried by the Deputy, and that an alleged offender referred to the Diversion Programme is a minor, I have been advised by An Garda Síochána that there is a significant data protection risk involved in releasing the information in the format requested by the Deputy. The release of this information could potentially identify offenders, and importantly, victims of these offences who are afforded anonymity.
As a result, the Deputy will appreciate, that An Garda Síochána are not in a position to provide a breakdown as requested. The tables below, provided to me by the Garda authorities, show the total number of referrals, and the number of referrals deemed unsuitable, to the Garda Youth Diversion Programme for all offences in the Sexual Offences category except for offences relating to prostitution. 'Child Pornography' offences are also included.
Information supplied is operational and subject to change and is as of 19 March 2024. Figures are based on incidents which were reported from 1 January 2022 to 31 December 2023, inclusive.
No. of referrals to Garda Youth Diversion Programme for Sexual Offences (excluding prostitution)
|
Year |
Total |
|
2010 |
72 |
|
2011 |
240 |
|
2012 |
275 |
|
2013 |
248 |
|
2014 |
244 |
|
2015 |
236 |
|
2016 |
344 |
|
2017 |
414 |
|
2018 |
569 |
|
2019 |
449 |
|
2020 |
424 |
|
2021 |
345 |
|
2022 |
445 |
|
2023 |
462 |
No. of referrals deemed unsuitable
|
Year |
Unsuitable |
|
2010 |
41 |
|
2011 |
149 |
|
2012 |
177 |
|
2013 |
164 |
|
2014 |
152 |
|
2015 |
147 |
|
2016 |
224 |
|
2017 |
258 |
|
2018 |
427 |
|
2019 |
358 |
|
2020 |
311 |
|
2021 |
229 |
|
2022 |
315 |
|
2023 |
332 |
Question No. 923 answered with Question No. 922.
Question No. 924 answered with Question No. 865.
Question No. 925 answered with Question No. 880.
Visa Applications
Questions (926)
Niall Collins
Question:926. Deputy Niall Collins asked the Minister for Justice further to Parliamentary Question No. 434 of 30 January 2024, when contact will be made with the person; and if she will make a statement on the matter. [12507/24]
View answerWritten answers
I understand that officials in the Family Reunification Unit of my Department have spoken directly with the applicant referred to by the Deputy on 19 March 2024.
The Family Reunification Unit will engage with the applicant's solicitor on this matter.
Legislative Measures
Questions (927)
Paul Kehoe
Question:927. Deputy Paul Kehoe asked the Minister for Justice the definition of a relevant game as it applies in the Gambling Regulation Bill 2022 when referring to the maximum stakes and maximum winnings section of the Bill; the types of games this includes; if this aspect of the Bill will also apply to poker games, slot games and bingo, played both online and in retail establishments; and if she will make a statement on the matter. [12531/24]
View answerWritten answers
The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps.
My Department has engaged in extensive consultation with representatives from the industry, the charity sector, related sectors, as well as with professionals working in the area of problem gambling, persons adversely affected by the consequences of gambling and those with lived experience of problem gambling.
As the Deputy will be aware, section 85(1) of the Bill provides that the Authority shall, by regulation, list the different games, such as dice and card games, that may be offered by licensees of a gaming licence. Section 85(2) provides that the Authority shall specify each game, referred to as a ‘relevant game’, which a licensee is permitted to provide under the terms of their licence.
Similarly, section 86(1) of the Bill provides that the Authority shall list the different lottery products and activities, including bingo, which may be provided by those holding lottery licences . As per section 86(2), a ‘relevant lottery’ means those products and activities that a licensee can provide under its licence as authorised by the Authority.
Furthermore, licensees of gaming or lottery licences may provide relevant games and lotteries either in person, by remote means or both, subject to the type of licence held.
Schedule 2 of the Bill provides for the maximum relevant payments and the maximum winnings for certain gambling activities. These amounts are based on the limits introduced in 2019 to the Gaming and Lotteries Acts 1956. These limits may be varied by the Authority with the consent of the Minister as provided in section 82(2) of the Bill. The maximum relevant payment and winning limits in the Bill are not new and are a direct continuation of the measures, albeit modernised, already provided for in the 1956 Act, as amended.
In that context, existing licence and permit holders should have no issue with compliance with the Bill, as they will already be familiar with the requirements of the 1956 Act, as amended.
An Garda Síochána
Questions (928)
Jennifer Murnane O'Connor
Question:928. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the estimated full year cost to increase the number of forensic examiners at engineering grade 3 level to 55 in the Garda National Cyber Crime Bureau; and if she will make a statement on the matter. [12559/24]
View answerWritten answers
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including all matters relating to recruitment and training. As Minister I have no direct role in these matters.
However, to be of assistance, I sought the information requested from the Garda authorities. I am advised that the estimated full-year payroll cost of recruiting an additional 53 forensic examiners at engineering grade 3 level is approximately €2.12million (approx. €40,000 per person).
I am informed that An Garda Síochána currently have two staff at engineering grade 3 level and the costing assumes that the additional 53 staff will be placed on the first point of the current engineer grade 3 pay scale. It is worth noting that employer’s PRSI is also included at a rate of 11.05%.
Policing Co-operation
Questions (929)
Jennifer Murnane O'Connor
Question:929. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if she met the New York Police Department Commissioner during her recent visit to New York for St. Patrick's Day events; and if she will make a statement on the matter. [12560/24]
View answerWritten answers
I can inform the Deputy that I did not meet with the New York City Police Commissioner during my recent visit to New York.
An Garda Síochána
Questions (930)
Jennifer Murnane O'Connor
Question:930. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the estimated amount that An Garda Síochána spent on sending out poor quality CCTV camera images to external companies in order to get that quality of the image improved in the years of 2023 and to-date in 2024; and if she will make a statement on the matter. [12561/24]
View answerWritten answers
As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business, under Section 26 of the Garda Síochána Act 2005 (as amended). This includes all operational policing matters. As Minister I have no role in the investigative process or in decisions related to the need for third party technical support for such investigations.
I have contacted the Garda authorities and have been advised that, where appropriate, An Garda Síochána can employ external third party companies to get the image quality improved on CCTV images. In the event that such third party companies are engaged with, this would occur at investigation level through relevant Divisions. Due to the manner in which such costs are recorded it is not possible to provide the figures as requested.
The Electronic Media Unit within Garda ICT is focused on the delivery of support for applications in the forensic retrieval of mobile phones and CCTV data, supporting evidence gathering and compilation of evidence. The unit provides some limited capability to An Garda Síochána centrally, and at Divisional level, for enhancement of CCTV footage in-house by way of third party commercial software.
An Garda Síochána
Questions (931)
Michael Healy-Rae
Question:931. Deputy Michael Healy-Rae asked the Minister for Justice the number of members of An Garda Síochána who are suspended at present due to alleged unproven offences, by county; and if she will make a statement on the matter. [12575/24]
View answerWritten answers
As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business by law. This includes Garda discipline. As Minister, I play no role in these independent functions, including decisions related to the suspension of Garda members.
Disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 (as amended) and the Garda Síochána (Discipline) Regulations 2007, as amended by the Garda Síochána (Discipline) (Amendment) Regulations 2011, and are a matter for the Garda Commissioner.
It is important to note that the vast majority of Garda members serve with integrity and distinction.
As stated by the Commissioner and his team at the recent public meeting with the Policing Authority, there are currently 99 Garda members suspended, the lowest it has been in almost two years. There was a 40% reduction in the number of suspensions in 2023 compared to 2022 and no new suspensions imposed so far this year, up to 29 February 2024.
As the Deputy will appreciate, as the number of members suspended is so low, a breakdown by Division or Region is not possible for data protection reasons.
I understand that there is some frustration among Garda members in relation to the amount of time members may be suspended while under investigation from GSOC.
Under the Policing Security and Community Safety Act 2024, a reformed police complaints body and system will be put in place. It will be called Fiosrú – Oifig an Ombudsman Póilíneachta (the new Office of the Police Ombudsman). Fiosrú is being established to replace GSOC and reformed processes and procedures will be put in place relating to the handling of complaints and the conduct of investigations into allegations of wrong doing on the part of members of Garda personnel.
The changes will greatly strengthen the existing mechanisms for Garda accountability, enhance transparency and improve the efficiency of the complaints process, while ensuring that there is no compromise to the rights of those involved to fair procedures and natural justice.
International Protection
Questions (932)
Bernard Durkan
Question:932. Deputy Bernard J. Durkan asked the Minister for Justice if an appeal might be considered in respect of an application (details supplied); and if she will make a statement on the matter. [12585/24]
View answerWritten answers
My Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.
My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:
“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.
As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.
An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate if they wish to receive an update on the status of their case.
The International Protection Office may be contacted: by email to info@ipo.gov.ie ; by telephone to the IPO Customer Service Centre at 01 6028000 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
The International Protection Appeals Tribunal may be contacted either: by email to info@protectionappeals.ie ; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law. They are also bound by confidentiality provisions in respect of applicants as set out in the International Protection 2015 Act.