Written Answers Nos. 248-267
248. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of requests received under the European arrest warrant Act 2003 that sought the extradition of persons for human trafficking and or human smuggling offences in each of the years 2017, 2018 and to date in 2019; and if he will make a statement on the matter. [52557/19]
View answerThe European Arrest Warrant is a valuable mechanism that helps ensure that dangerous criminals, including those involved in human trafficking and human smuggling, can be apprehended, keeping EU citizens safer as a result. It provides for an enhanced extradition process within the European Union.
The following table sets out the number of requests received under the European Arrest Warrant Act 2003 that sought the extradition of persons for human trafficking and or human smuggling offences in the years requested by the Deputy.
|
Year |
Number of relevant requests |
|
2017 |
5 |
|
2018 |
13 |
|
2019 |
16 |
More generally, I wish to confirm for the Deputy that Government is fully committed to addressing human trafficking in all forms under Irish and EU legislation and the principal international conventions, and that we are active nationally and internationally to do so. With regard to international treaties, Ireland has ratified the principal international Human Trafficking treaties:
- The Palermo Protocol (2000) to the UN Convention against Organised Crime;
- The Council of Europe Convention on Action against Trafficking in Human Beings (2005).
- The EU Anti Trafficking Directive (2011/36/EU)
In Ireland, the Criminal Law (Human Trafficking) Act 2008 and Criminal Law (Human Trafficking) (Amendment) Act 2013 are the relevant legislative measures.
In February this year, Ireland ratified the ILO Forced Labour Protocol, which reinforces the international legal framework for combating all forms of forced labour, including trafficking in persons. This ratification puts Ireland among the group known as “50 for Freedom”, which stems from an ILO initiative to encourage member countries to ratify the Protocol by the end of 2019.
Domestically, the Second National Action Plan to Prevent and Combat Human Trafficking was launched in 2016. The Action Plan involves a victim-centred and human rights based approach with the ultimate aims of preventing human trafficking, ensuring an effective criminal justice response and delivery of supports to victims.
The Deputy may also wish to note that action is also being taken to raise public awareness in Ireland and help members of the public identify the signs of human trafficking. More information is available on the “Blue Blindfold” website http://www.blueblindfold.gov.ie, which is maintained by my Department.
249. Deputy Robert Troy asked the Minister for Justice and Equality the legislative proposals progressed into primary or secondary law annually since 2016 to clampdown on fraudulent insurance claims which are driving up premiums; and the legislative proposals envisaged for 2020, in tabular form. [52573/19]
View answerAs the Deputy will be aware, the focal point for insurance reform is the Cost of Insurance Working Group which was established by the Government in July 2016 and is chaired by Minister of State, Michael D'Arcy TD. My Department works with the Department of Finance and other relevant Offices and Departments in consideration of actions to counter insurance fraud.
The Deputy will be aware that the Judicial Council will also have a role to play in this area. The Judicial Council itself was established with effect from today (17 December 2019). Committees of the Judicial Council will be established by the Council having regard to the timelines set out in the Judicial Council Act 2019. The Personal Injuries Guidelines Committee is to be established no later than 3 months after the first meeting of the Judicial Council itself and that Committee is to meet no later than one month after its establishment.
On 28 November the Chief Justice announced the membership of the Personal Injuries Guidelines Committee which is to be chaired by Ms Justice Mary Irvine. While the Committee cannot be formally established until the first meeting of the Judicial Council, a “committee designate” held its first meeting during the course of the week beginning 1 December to embark upon appropriate planning and preliminary work.
The Personal Injuries Guidelines Committee will be responsible for drawing up personal injuries guidelines for review and adoption by the Council. Section 18(4) of the Judicial Council Act 2019 provides that the “Personal Injuries Guidelines Committee shall submit the first draft of personal injuries guidelines to the Board not later than 6 months after the date on which the Committee stands established.”
The making of fraudulent and exaggerated claims has been the subject of much commentary recently. The Government is working on a number of fronts to address the high costs insurers impose on their customers. In particular the Perjury and Related Offences Bill 2018 will make the offence of perjury easier to prosecute. This will be particularly significant in the context of personal injury claims which contribute to the cost of insurance. I believe this will be strongly welcomed by the business community.
This Perjury Bill is a part of a package of measures dealing with insurance issues, insurance fraud and exaggerated claims. Of course it will also have general application in other areas. It will serve as a clear message to anyone engaged in legal proceedings that they need to be mindful of the need to tell the truth and that any deliberate departure from the truth may have serious consequences in terms of the level of sanctions and penalties that will be at the judge’s discretion to impose. The Perjury Bill will serve to complement other Government legislative measures by providing a deterrent effect against those who may seek to abuse the law through the making of fraudulent claims, statements or declarations including in relation to insurance claims.
The Perjury and Related Offences Bill was initiated in Seanad Éireann at the end of 2018 by Senator Pádraig Ó Céidigh and passed all stages there in June 2019. The Government has adopted the Bill on its legislative programme to facilitate its passage through the Dáil and it passed Second Stage in Dáil Éireann on 11 December 2019.
I would also refer to the steps taken by An Garda Síochána in this area. I have discussed the matter of insurance fraud with the Garda Commissioner on several occasions and An Garda Síochána has been closely involved in the Government’s drive to encourage insurers to reduce the costs imposed on consumers. An Garda Síochána has regular meetings with Insurance Ireland’s Anti-Fraud Forum to discuss and act upon current and ongoing issues which arise in the area of insurance fraud.
In October 2018, An Garda Síochána published Guidelines for the Reporting of Allegations of Fraudulent Insurance Claims to An Garda Síochána. These Guidelines to make it clear what insurance companies should do in the event that they suspect fraud in a personal injuries claim. The Guidelines were also circulated to the Chief Justice and the judiciary.
A new insurance claim fraud category on the Garda PULSE system went live on 1 November 2018.
Operation Coatee was established by An Garda Síochána in April to tackle insurance related criminality and bogus insurance claims. Its focus is the prevention of insurance-related fraud and associated crimes on a coordinated basis throughout Ireland. In circumstances where insurance fraud has already occurred, Operation Coatee is designed to maximise the prospect of identifying suspected culprits, and, where possible and appropriate, to initiate criminal proceedings.
Furthermore, having given the matter careful consideration, the Garda Commissioner has decided that there will be a divisional focus on insurance fraud, aligned with the divisional-focused Garda model. The Garda National Economic Crime Bureau (GNECB) will guide all Garda divisions in the investigation of suspected crimes and provide training in the investigation of insurance fraud.
The Table below shows the Primary and Secondary legislation progressed in this area since 2016.
|
Year |
Primary Legislation |
Secondary Legislation |
|
2016 |
None |
None |
|
2017 |
None |
None |
|
2018 |
Section 13 of the Central Bank(National Claims Information Database) Act 2018 amending sections 8 and 14 of the Civil Liability and Courts Act 2004
|
None |
|
2019 |
|
Circuit Court Rules (Personal Injuries: Section 8 Notices) 2019 (S.I. No. 215 of 2019) Rules of the Superior Courts (Personal Injuries: Section 8 Notices) 2019 (S.I. No. 216 of 2019) District Court (Personal Injuries: Section 8 Notices) Rules (S.I. No. 327 of 2019) |
|
2020 |
None to date |
None to date |
250. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [52599/19]
View answerI can inform the Deputy that 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.
As the Deputy will appreciate, 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 which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
251. Deputy Joe O'Brien asked the Minister for Justice and Equality the percentage of prisoners detained solely on remand in each prison; the breakdown of offences with which they are charged; and if he will make a statement on the matter. [52609/19]
View answer252. Deputy Joe O'Brien asked the Minister for Justice and Equality the number of persons on remand in prison; the length of time they have been on remand; and if he will make a statement on the matter. [52610/19]
View answer253. Deputy Joe O'Brien asked the Minister for Justice and Equality the number of prisoners held on remand since January 2019 by month; the percentage of prisoners held on remand who are eventually sentenced; and if he will make a statement on the matter. [52611/19]
View answerI propose to take Questions Nos. 251 to 253, inclusive, together.
As the Deputy will be aware, the Irish Prison Service must accept all prisoners committed by the courts into custody and does not have the option to refuse to take prisoners into custody whether sentenced, on remand or awaiting trial.
Figures as requested for the percentage of prisoners detained solely on remand in each prison, the breakdown of offences with which they are charged and the number of prisoners held on remand since January 2019 are contained in the tables attached, as conveyed to me by the Irish Prison Service. I am informed that the figures provided for prisoners held on remand since January 2019 are a monthly average.
I am informed that the number of prisoners held solely on remand in prison as of 16 December 2019 is 729. I am informed that there are no prisoners held solely on remand in Loughan House or in Shelton Abbey.
I am further advised by the Irish Prison Service that the percentage of prisoners held on remand who are eventually sentenced and the length of time they have been on remand cannot be provided at this time. I understand that collating this data would require a manual examination of a large number of individual prisoner records. I am advised that such an examination would require a disproportionate and inordinate amount of staff time and effort, which could not be justified where there are other significant demands on resources.
254. Deputy Joe O'Brien asked the Minister for Justice and Equality the number of persons diverted from prison through the prison in-reach and court liaison scheme in 2018 and to date in 2019; if there were delays in diversion due to a lack of appropriate community-based services or spaces; the types of services to which these persons were diverted; and if he will make a statement on the matter. [52612/19]
View answerI understand that the Deputy is referring to the psychiatric in-reach and court-liaison service (PICLS). This service ensures that, as far as possible, those people presenting before the courts, or indeed at an earlier stage of the criminal justice system, and where the infraction is a reflection of an underlying mental illness, are referred and managed appropriately.
As the Deputy may be aware, PICLS is operated by the National Forensic Mental Health Service (NFMHS) in the HSE. As such, my Department does not maintain such records as those specifically requested by the Deputy and I wish to confirm that this is a matter for my colleague the Minister for Health.
However, to be of assistance to the Deputy, I have now referred this matter to the Department of Health. I am advised that the Department of Health will make arrangements to respond to the Deputy’s question directly.
255. Deputy Joe O'Brien asked the Minister for Justice and Equality the average length of time individual prisoners spent in safety observation cells and high-support units in 2018 and to date in 2019; the longest duration of time spent in each type of cell over the period; and if he will make a statement on the matter. [52613/19]
View answerIt has not been possible for the Irish Prison Service to collate the information sought in the timeframe available, as it entails a manual check of each individual prisons records for the periods in question. I have asked the Prison Service for the relevant information and I will write directly to the Deputy as soon as it is available.
256. Deputy Joe O'Brien asked the Minister for Justice and Equality the number of prisoners categorised as homeless on committal to prison; and if he will make a statement on the matter. [52614/19]
View answerI am advised by the Irish Prison Service that the following table sets out the number of prisoners who at the time of their committal were recorded as having declared their accommodation status as ‘no fixed abode’ in each of the past 5 years. It should be noted that it is the individual's own choice whether or not to disclose their homeless status to the prison authorities.
|
- |
No of committals with no fixed abode, as disclosed by the prisoner |
|||
|
2018 |
2017 |
2016 |
2015 |
2014 |
|
502 |
415 |
316 |
305 |
265 |
In practical terms, it may also be noted that a number of prisoners entering custody, particularly in urban areas, have been living in private rented accommodation so tenancy can often be lost on committal to prison.
I am advised that, if a sentenced prisoner informs prison authorities that they were homeless prior to coming into custody or that they are at risk of homelessness on release, they are then referred to the prison-based resettlement service. The resettlement service works with the prisoner and the relevant local authority to identify possible accommodation solutions in preparation for their release and reintegration to the community.
The Irish Prison Service has confirmed that, in 2018, the Resettlement Service assisted 414 prisoners to make applications for social housing and worked with local authorities to provide details of housing requirements prior to release. I am informed that this year, to the end of October 2019, the Resettlement Service had submitted 303 such applications for social housing. The Deputy may also be interested to know that this year, as of end October 2019, the Resettlement Service has engaged with 1,796 prisoners in custody to address various resettlement needs including housing, social welfare and/or medical supports.
257. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the status of the investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Flood and Mahon tribunals; the stage the investigations are at; when a decision will be reached; and if he will make a statement on the matter. [52625/19]
View answer258. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the actions and investigations being taken on foot of the Moriarty Tribunal; the stage at which these investigations are at; when a decision will be reached; and if he will make a statement on the matter. [52626/19]
View answer259. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the status of the investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Moriarty tribunal; the stage the investigations are at; when a decision will be reached; and if he will make a statement on the matter. [52627/19]
View answerI propose to take Questions Nos. 257 to 259, inclusive, together.
I would refer the Deputy to my most recent response in relation to this matter, Parliamentary Question 137 on 16 October 2019.
The Deputy will appreciate that criminal investigations and other operational matters are, in accordance with the Garda Síochána Act 2005, solely a matter for the Garda Commissioner.
Likewise it is a matter for the DPP to decide, independently in the exercise of her functions, if any charges should be brought and I have no role in these matters.
260. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 134 of 12 June 2019, if the report is now to hand; and if he will make a statement on the matter. [52632/19]
View answerI refer to Parliamentary Question 134 of 12 June 2019 in relation to the number of bench warrants outstanding in the Coolock Garda district as of 31 May 2019. It was not possible to secure this data in the time available for answer on 6 September however I have now received a report from the Garda authorities in relation to the matter and I can inform the Deputy as follows.
The Coolock Garda District is based in the DMR North and comprises of Swords, Coolock, and Malahide Garda Stations. I have been informed by the Garda authorities that the total number of bench warrants outstanding for the Coolock district as at 31 May 2019 was 2,224.
I am further informed that while the responsibility to execute bench warrants is a function for all members of An Garda Síochána, there is a dedicated warrants unit, which is tasked with monitoring and coordinating the execution of warrants, including bench warrants in the Coolock Garda District.
I have been further informed that there were 686 bench warrants executed in the 12 month period up to the 31st May, 2019 in Coolock district. I understand this represents a 4% increase on the previous year. I am informed that An Garda Síochána executes warrants as expeditiously as possible, giving priority to the execution of warrants relating to serious crimes. The execution of bench warrants continues to be monitored by the Garda authorities.
261. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 335 of 3 July 2019, if the report is now to hand; and if he will make a statement on the matter. [52633/19]
View answerI understand that the Deputy refers to Parliamentary Question 335 of 2 July 2019 in relation to a competition for new Garda collision forensic investigators (Parliamentary Question No 335 of 3 July 2019 was to the Minister for Transport, Tourism and Sport, from a different Deputy).
I can confirm that a substantive response to Parliamentary Question 335 of 2 July 2019 was issued on 9 September 2019. A copy is attached for convenience.
262. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 206 of 12 June 2019, if the report is now to hand; and if he will make a statement on the matter. [52634/19]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for managing An Garda Síochána. I have requested the relevant information from An Garda Síochána and I will write directly to the Deputy when I receive it.
263. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 649 of 6 September 2019, if the report is now to hand; and if he will make a statement on the matter. [52635/19]
View answerI refer to Parliamentary Question 649 of 6 September 2019 in relation to the number of committal warrants issued to Gardaí in the R district in 2018 and to date in 2019 and the number of such warrants executed within 60 days. It was not possible to secure this data in the time available for answer on 6 September however I have in recent days received a report from the Garda authorities in relation to the matter and I can inform the Deputy as follows.
I am informed by the Garda authorities that 31 committal warrants were issued to R district in 2018 of which 21 were executed, 11 of these within 60 days of issue by the Courts Service. I am further informed that 10 committal warrants remained outstanding as at 30 September 2019.
I am further informed by the Garda authorities that 31 committal warrants have been issued to R district up to 30 September 2019 of which 23 of these have been executed, three of these within 60 days of issue by the Courts Service. I am informed that a total of eight remained outstanding as at 30 September 2019.
264. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 270 of 1 October 2019, if the report is now to hand; and if he will make a statement on the matter. [52637/19]
View answerI refer to the Deputy’s previous question 39571/19 of 1 October 2019 in relation to the number of PSV licences revoked in 2018 and to date in 2019. The information was not available to me at that time but I have recently received a report on the matter from An Garda Síochána and I can inform the Deputy as follows.
First I would remind the Deputy that as Minister for Justice and Equality, I have no role in the administration of small public service vehicle (PSV) licences, which is a matter for An Garda Síochána.
I am advised by the Garda authorities that the number of PSV licences revoked in 2018 was 13. I am further advised that the number of PSV licences revoked to date this year, correct as to 30 September 2019, is 27.
The Deputy may also be interested in the regional breakdown of these revocations, as provided to me by the Garda authorities and as set out in the following table.
|
PSV licences revoked by region |
2018 |
2019 (to 30 Sept) |
Total |
|
DMR |
2 |
17 |
19 |
|
Northern Region |
1 |
2 |
3 |
|
South Eastern Region |
5 |
0 |
5 |
|
Western Region |
1 |
0 |
1 |
|
Southern Region |
3 |
7 |
10 |
|
Eastern Region |
1 |
1 |
2 |
|
Total |
13 |
27 |
40 |
265. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 271 of 1 of October 2019, if the report is now to hand; and if he will make a statement on the matter. [52638/19]
View answerI refer to Parliamentary Question 271 of 1 October 2019 in which information was requested in relation to the number of detections of financial crime in the years 2017, 2018 and to date in 2019 by category.
I would first point out that the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data including data recorded on An Garda Síochána’s PULSE system.
In light of quality issues in relation to PULSE data, the CSO took the decision in early 2017 to postpone further publication of recorded crime statistics.
While CSO resumed publication of recorded crime statistics, it has done so in a new category entitled ‘Under Reservation’. The CSO has confirmed that this classification has been applied to reflect the fact that there are data quality issues in the underlying sources used to compile the statistics. The CSO has further indicated that this approach of differentiating statistics based on quality concerns associated with the underlying data is consistent with other jurisdictions.
The CSO is engaging with An Garda Síochána to set out the criteria for the lifting of the reservation. These criteria will address quality concerns across a broader range of issues. They will address issues such as data governance, training, crime data recording procedures and the auditing and monitoring of data quality.
Earlier this month I noted the publication of a new statistical release by the CSO on Recorded Crime Detection 2018. I welcome the fact that improvements in An Garda Síochána, in particular in terms of data governance including upgrade of the Pulse system has facilitated preparation and publication of this report by the CSO. The report provides a snapshot of the extent to which crimes reported to An Garda Síochána in 2018 have been detected. Detection is understood in this context as identification and sanction of at least one suspected offender; or, in a very limited set of circumstances, a verified exception whereby an offender is not directly sanctioned because, for example, the DPP decides that prosecution is not in the public interest or the suspected offender dies prior to any prosecution.
In publishing this report, the CSO explicitly confirmed that the report constituted a 'significant break' in the previous series for measuring crime detection rates in Ireland. This means that detection rates set out in the CSO report issued for 2018 are not comparable with figures published in earlier years.
The report is available at the following link:
https://www.cso.ie/en/releasesandpublications/ep/p-rcd/recordedcrimedetection2018/.
The Deputy will appreciate that, given the pause in reporting on this issue by the CSO, it was not possible for me to provide a response to the issue raised in his earlier Parliamentary Question. For the same reason it is difficult to provide data at this point for the earlier years referred to.
However, it is important to note that the most recent CSO report was made possible by progress in An Garda Síochána, which has improved the quality and consistency of recording of crime data. This establishes a reliable baseline against which operational decisions can be considered by An Garda Síochána and further progress can be ensured and measured. As the Deputy may be aware, the Policing Authority is responsible for overseeing the performance of An Garda Síochána of its functions relating to policing services, and accordingly has the primary oversight role in relation to these matters, including any issues arising from the historical inaccuracies in the recording of detections on PULSE. The welcome clarity that the CSO has brought to this issue through this new and more reliable assessment of detections will be of assistance to the Authority in that independent oversight task and will also be of assistance to An Garda Síochána as it continues to improve the policing services it provides nationwide.
266. Deputy Joe O'Brien asked the Minister for Justice and Equality the status of a naturalisation application by a person (details supplied). [52643/19]
View answerI can confirm that an application for a certificate of naturalisation was received from the person referred to by the Deputy on 31 December 2018. This application is currently being processed with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, 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.
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 which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
267. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of fixed charge penalty notices issued to drivers for the new statutory offence under Article 4 of SI No. 495 of 2019, which amended Article 10 of SI No. 332, of 2012 of dangerous overtaking of a cyclist since its inception on 12 November 2019; and if he will make a statement on the matter. [52652/19]
View answerI am informed by Garda authorities that figures are not yet available in respect of the number of fixed charge penalty notices issued to drivers for offences relating to ‘Dangerous Overtaking/Attempting to Overtake of a Pedal Cyclist and Dangerous Overtaking / Attempting to Overtake other than a Pedal Cyclist’.
These offences came into effect on 12 November 2019, with the entry into effect of regulations made by the Minister of Transport, Tourism and Sport, namely S.I.495 of 2019, Road Traffic (Traffic and Parking) (Amendment) Regulations 2019 and S.I 548 of 2019, Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) (Amendment) (No. 2) Regulations 2019.
