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Tuesday, 16 Jun 2020

Written Answers Nos. 334-358

Direct Provision System

Questions (334)

Pa Daly

Question:

334. Deputy Pa Daly asked the Minister for Justice and Equality if he will investigate complaints made by the residents of a direct provision centre (details supplied) relating to students not having access to laptops as requested, insect infestations in some rooms and denial by management of cooling fans requested by residents. [10803/20]

View answer

Written answers

A number of measures were introduced in the Skellig Accommodation Centre in Cahersiveen in recent weeks to make life more comfortable for the residents and in particular the children who are living there.

Families with children were provided with arts and crafts materials, toys, books and tablets, to use as they wished.  This was coordinated by the local Family Resource Centre with the cost of the tablets specifically covered by Tusla. Additionally, I am advised that the service provider at the centre has provided 12 laptops for residents’ use, including the children of school going age.    

All international protection accommodation centres are contractually obliged to have Wi-Fi available to residents and TVs are provided in all bedrooms to enable children to access web-based educational resources and educational programmes such as the RTÉ Home School Hub, which is an additional support for parents and primary school pupils. 

With regard to issues related to warm weather, I am advised that during the recent period of exceptionally warm weather, it took some time to adjust the central heating system but that this issue is now resolved.  Centre management has advised that during the Summer months it would not be unusual for some flies to come through any open window but there is no question of an infestation of insects on the premises. Fans are available to residents upon request.

My officials have held two virtual clinics with residents in the centre in recent weeks and an unannounced visit to the centre was made by a senior official in my Department last Thursday (11 June).  No issues were identified by my official from this visit.

I hope this information provides the Deputy with some reassurance on the issues raised. My Department officials and I will continue to work closely with centre management to ensure the comfort and safety of all residents in the centre.

Garda Vetting

Questions (335)

Niamh Smyth

Question:

335. Deputy Niamh Smyth asked the Minister for Justice and Equality the status of Garda vetting for a person (details supplied); and if he will make a statement on the matter. [10804/20]

View answer

Written answers

The primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults.  It is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016.  I am sure that the Deputy will appreciate the importance of this task and the need for it to be carried out thoroughly and correctly.

My Department has no role in the processing of individual vetting applications.

I have been informed by the Garda Authorities that the Vetting Bureau works to ensure that the processing time for vetting applications is kept to the minimum necessary in order to ensure that the statutory obligation to receive a vetting disclosure prior to permitting any person to undertake relevant work or activities on behalf of an organisation can be facilitated without undue delay.

All Garda vetting applications are processed on a first come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects.

In respect of certain applications, it is necessary for the Vetting Bureau to conduct further enquiries; for example to confirm information provided by the applicant with external bodies. The time required to receive such information may be outside of the control of the Vetting Bureau. In such instances, processing times may be significantly longer than the average.

However I am informed by the Garda authorities that, in general, the vetting process is working well and that there are no backlogs or delays in Garda vetting at present.

This efficiency has been achieved by the deployment of the e-vetting system which facilitates the on-line processing of applications for vetting from registered organisations.  I understand that the general turnaround time for vetting applications submitted by organisations utilising the e-vetting system is 4 working days for over 85% of applications received.

Individual applicants can also track the process of their application online using the e-vetting tracking system (https://vetting.garda.ie/Track), details of which are contained in the email received by applicants when completing their application online.

Closed-Circuit Television Systems

Questions (336)

Peadar Tóibín

Question:

336. Deputy Peadar Tóibín asked the Minister for Justice and Equality the number of applications submitted from counties Cavan and Monaghan for funding under the CCTV community scheme; the date of receipt of each application; the number of applications approved to date; the date of approval of each; the funding drawn down to date; and if he will make a statement on the matter. [10814/20]

View answer

Written answers

Community-based CCTV is governed by section 38(3)(c) of Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006.  This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the support of the relevant local authority, which must also act as data controller, and

- have the authorisation of the Garda Commissioner.

This is the legal basis for all community CCTV schemes, regardless of how they are funded.  The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.

Since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area.  To date, 28 applications have been approved under the scheme, involving approved grants totalling more than €666,000.  Eligible groups, including community groups and local authorities nationwide, can apply for grant aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.

As the Deputy may be aware, last year I expanded the grant aid scheme to cover not only new CCTV systems but also to allow funding applications for extension or upgrade of existing Community CCTV systems which are incomplete or obsolete.  Applicants can now also seek a once-off grant of up to €5,000 for minor maintenance costs.

However in all cases, grant funding can be considered only for CCTV systems which meet the legal requirements, in other words CCTV systems which have been approved by the relevant Joint Policing Committee, the relevant Local Authority (also acting as Data Controller) and which have received the authorisation of the Garda Commissioner.

For the Deputy's information, I can confirm that one grant application for a CCTV scheme in Monaghan (received by my Department in June 2019) was approved by my Department in 2019. This funding has as yet not been drawn down by the relevant authority. 

One grant application for a CCTV scheme in Cavan (received in May 2019), was refused by my Department, as it did not meet the statutory requirements for CCTV.  However there is no bar on that applicant reapplying for funding, if and when it meets the statutory requirements for establishment of a CCTV system.

There are currently no other CCTV grant aid applications on hand in my Department in respect of counties Cavan or Monaghan.

If the Deputy is aware of groups wishing to avail of the grant aid scheme, further details are available to download from my Department's website - www.justice.ie - and support and guidance is available through a dedicated email address fundsadmin-comm-based-cctv@justice.ie

Garda Transport Provision

Questions (337)

Jim O'Callaghan

Question:

337. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of new vehicles purchased by An Garda Síochána in 2019 and to date in 2020; the number of vehicles that have been sold and-or retired from duty during the same period; and if he will make a statement on the matter. [10830/20]

View answer

Written answers

In accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána.  Further, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions.  As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

Significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime. 

Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020.  I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000.  The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.  

I am informed by the Garda authorities that as of 31 May 2020, there were 2,928 vehicles attached to the Garda Fleet, including vehicles attached to national units.  I understand that this compares to a total of 2,794 vehicles as of end December 2019. 

The following tables, furnished to me by the Garda authorities,  set out the number of vehicles allocated to and removed from the Garda Fleet in 2019 and 2020. 

Garda fleet 2019

Cars

Vans

Motorbikes

4 x 4

*Others

Total

Allocated

281

42

0

11

8

342

Removed 

255

32

13

9

4

313

Garda fleet 2020

Cars

Vans

Motorbikes

4 x 4

*Others

Total

Allocated (January-31 May)

217

14

0

1

1

233

Removed 

(January-31 May) 

83

13

1

0

2

99

* The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles

As is standard, the Garda authorities indicate that allocations to the fleet may include vehicles which were  purchased in the previous year, but in relation to which the technical fit-out process was not completed until the following year.

Finally and for clarity, it may be noted that these figures do not include the additional 210 vehicles which have been hired by An Garda Síochána this year, to provide additional capacity during the Covid-19 pandemic.

Garda Transport Provision

Questions (338)

Jim O'Callaghan

Question:

338. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of vehicles added to the DMR roads policing division fleet in 2019 and to date in 2020; the number of vehicles that have been sold and-or retired from duty from the fleet during the same period; and if he will make a statement on the matter. [10831/20]

View answer

Written answers

In accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána.  Further, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions.  As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

Significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021.  This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime. 

Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020.  I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000.  The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.  

I am informed by the Garda authorities that as of 31 May 2020, there were 2,928 vehicles attached to the Garda Fleet.  I understand that this compares to a total of 2,794 vehicles as of end December 2019. 

The following table, furnished to me by the Garda authorities, set out the number of vehicles allocated to and removed from roads policing duty in the Dublin Metropolitan Region in 2019 and 2020.

DMR roads policing duty 2019

Cars

Vans

Motorbikes

4X4

*Others

Total

Allocations

3

0

0

0

0

3

Removals

1

0

2

1

0

4

DMR roads policing duty 2020 (to 4 June)

Cars

Vans

Motorbikes

4X4

*Others

Total

Allocations

0

0

0

0

0

0

Removals

0

0

3

0

0

3

*The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles

As is standard, the Garda authorities indicate that allocations to the fleet may include vehicles which were  purchased in the previous year, but in relation to which the technical fit-out process was not completed until the following year.

Finally and for clarity, it may be noted that these figures do not include the additional 210 vehicles which have been hired by An Garda Síochána this year, to provide additional capacity during the Covid-19 pandemic.

Maternity Leave

Questions (339, 388)

Bríd Smith

Question:

339. Deputy Bríd Smith asked the Minister for Justice and Equality if he will address the request by women to have maternity leave legislation extended for the duration of the Covid-19 emergency; and if he will make a statement on the matter. [10836/20]

View answer

Jim O'Callaghan

Question:

388. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if a temporary extension of maternity benefit from six to nine months for mothers whose maternity benefit claim expires between the start of March and end of September 2020 can be provided. [11391/20]

View answer

Written answers

I propose to take Questions Nos. 339 and 388 together.

As the law now stands, a mother is entitled to this leave irrespective of the duration of her current employment. The mother can take maternity leave from casual or part-time employment. She can take up to 26 weeks of paid maternity leave, and up to a further 16 weeks of unpaid leave. Two weeks must be taken before the baby is due, and at least four weeks must be taken after the birth. As Minister of State for Justice and Equality, the legislation that governs the provision of maternity leave is my responsibility and any such amendment would likely require primary legislation. The provision of maternity benefit is under the remit of the Minister for Employment Affairs and Social Protection. These matters are currently being examined by Government.

As you will be aware, on 29 May the Minister for Finance announced changes to the Temporary Wage Subsidy Scheme to accommodate the salaries of parents returning from maternity or adoptive leave. The changes are aimed at individuals who may not have been on the payroll of their employer on 29 February, or been paid in either January or February 2020 and will allow for consistent treatment with other employees.

The amendment will be legislated for later in the year as part of the usual Finance Bill 2020 process, but in the interim Revenue has agreed to provide a facility to accommodate such cases. Although expected to be implemented on 12 June, Revenue launched a new process on Monday 8 June which allows employers to include employees returning to employment after a period of paternity, parental or related unpaid leave or were in receipt of Health and Safety Benefit, Parent’s Benefit or Illness Benefit paid by the Department of Employment Affairs and Social Protection (DEASP). Employers who wish to access the Temporary Wage Subsidy Scheme on behalf of eligible employees covered by these changes can do so by completing a short form available for download via MyEnquiries in Revenue’s Online Service (ROS). The relevant details that employers will need to provide to Revenue include current contractual gross pay, pay frequency, normal PRSI class, type of leave the returning employee availed of and the date of return to work. Any retrospective subsidy payments due to impacted employees will be processed by Revenue in due course. This retrospection will apply from 26 March 2020, the date of return to employment or the date the employer was registered for the scheme, whichever is the latest.

I am conscious of demands on parents at this time and hope that the additional measures to support working parents that I have introduced in recent years, including the new parent’s leave scheme and an extension of parental leave, are helping to ease some of these demands. In addition to maternity leave, each parent may also avail of two weeks of parent’s leave during the first year of a child’s life and may qualify for parent’s benefit during this period. Parental leave is also available which entitles parents to take unpaid leave from work to spend time looking after their children. Parents can take up to 22 weeks of parental leave for each eligible child before their 12th birthday.

Visa Applications

Questions (340)

Bríd Smith

Question:

340. Deputy Bríd Smith asked the Minister for Justice and Equality the status of a South African citizen visiting Ireland to meet the person's spouse and family and that having applied for a 90 day visa, will not be certain if it is granted until the assessment of the immigration official at Dublin Airport on the day of the person's arrival; the steps the person can take in advance of arrival to ensure the person is granted the full duration of the visa; and the criteria applied by immigration officers in making a determination on same. [10851/20]

View answer

Written answers

The question of entry for any individual, visa or non-visa required, is determined by the Immigration Officer at the port of entry at the time the individual seeks entry in to the State.  All relevant factors are taken into account with the principal ones being the purpose of the visit, the duration of stay, the ability of the individual to support themselves during their stay, and proof that the person will exit the country on or before the expiry of any permission given.

Each application for entry to the State is assessed on its own merits.  Therefore, it is advisable for the individual to carry any relevant documentation for presentation to the Immigration Officer on arrival.  It may be noted that the powers granted to an Immigration Officer are not unfettered. The Immigration Act 2004 provides for the grounds on which an individual may be granted or refused leave to land at a port of entry.

Further information on what documentation is recommended for entry in to the State is available on our website at: http://www.inis.gov.ie/en/INIS/Pages/non-visa-short-visit.

The Deputy will be aware that the Government are advising against non-essential travel until further notice and anyone entering the State is required to self-isolate for 14 days. All passengers are also required to complete a mandatory Public Health Passenger Locator Form on arrival.

National Advocacy Service

Questions (341, 385, 389, 400)

Catherine Murphy

Question:

341. Deputy Catherine Murphy asked the Minister for Justice and Equality his plans to refer Magdalen survivors living at a location (details supplied) to the National Advocacy Service for People with Disabilities; the degree of engagement his Department has had with the service and the nursing home in question; and if he will make a statement on the matter. [10881/20]

View answer

Jim O'Callaghan

Question:

385. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if Magdalen survivors living in a nursing home (details supplied) can be referred to the National Advocacy Service for People with Disabilities. [11313/20]

View answer

Gary Gannon

Question:

389. Deputy Gary Gannon asked the Minister for Justice and Equality if he will act urgently regarding Magdalen survivors who are still institutionalised particularly those in a nursing home (details supplied) which is due to close; if survivors in the care of religious congregations will be referred to the National Advocacy Service for People with Disabilities as requested by a group; and if he will make a statement on the matter. [11395/20]

View answer

Mary Lou McDonald

Question:

400. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will refer those Magdalen survivors currently residing in a nursing home (details supplied) to the National Advocacy Service for People with Disabilities as a matter of urgency due to the imminent closure of the home and the need and right of the women affected to have access to independent advice and advocacy to ensure their wishes are taken into account with regard to a move to an alternative setting. [11595/20]

View answer

Written answers

I propose to take Questions Nos. 341, 385, 389 and 400 together.

My Department has responsibility for the Magdalen Restorative Justice Implementation Unit, which was established to administer the Magdalen Ex-Gratia Scheme. This involves the processing of applications to the Scheme, the payment of the ex-gratia awards to eligible applicants and the transmission of relevant details to the Department of Employment Affairs and Social Protection for the calculation of pension entitlements and to the HSE for the issue of the Medical Card. The Unit also makes every effort to assist applicants who make contact seeking referrals to other State services.

While the Unit maintains a database of all applicants to the scheme, applicants do not typically maintain contact with the Unit once their applications have been processed, nor are they obliged to do so. For that reason, my Department does not hold current contact details of places of residence for all applicants. Having reviewed the records of the Unit, I can confirm that there were a number of applicants who were resident in St. Margaret’s nursing home, Donnybrook and all were linked to the National Advocacy Service. The nursing home which received recent publicity was St Mary’s, Merrion Road, Dublin and there are no applicants recorded as being resident at this nursing home.

I would note that my Department has no responsibility for the National Advocacy Service, which is funded by the Department of Employment Affairs and Social Protection. I similarly have no role in relation to the management or oversight of nursing homes. However, I have asked my officials to contact the National Advocacy Service over the coming days to determine whether my Department can provide any assistance in relation to this matter.

National Advocacy Service

Questions (342)

Catherine Murphy

Question:

342. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of persons referred to the National Advocacy Service for People with Disabilities by his Department who were and are in the care of a religious order in the past 20 years to date; and if he will make a statement on the matter. [10882/20]

View answer

Written answers

My Department has responsibility for the Magdalen Restorative Justice Implementation Unit, which was established to administer the Magdalen Ex-Gratia Scheme. This involves the processing of applications to the Scheme, the payment of the ex-gratia awards to eligible applicants and the transmission of relevant details to the Department of Employment Affairs and Social Protection for the calculation of pension entitlements and to the HSE for the issue of the Medical Card. The Unit also makes every effort to assist applicants who make contact seeking referrals to other State services.

While the Unit maintains a database of all applicants to the scheme, applicants do not typically maintain contact with the Unit once their applications have been processed, nor are they obliged to do so.  For that reason, my Department does not hold current contact details of places of residence for all applicants or indeed where people were resident over the last 20 years.  My Department has not referred any women to the National Advocacy Service (NAS). I am aware that some women when making their applications to the scheme have availed of the services provided by the NAS to assist with their applications.

I would note that my Department has no responsibility for the National Advocacy Service, which is funded by the Department of Employment Affairs and Social Protection.  I similarly have no role in relation to the management or oversight of nursing homes. However, I have asked my officials to contact the National Advocacy Service over the coming days to determine whether my Department can provide any assistance in relation to this matter.

Garda Recruitment

Questions (343)

Bríd Smith

Question:

343. Deputy Bríd Smith asked the Minister for Justice and Equality his plans to increase the ethnic diversity of An Garda Síochána, specifically the policy of recruitment of persons from Middle Eastern and Arabic backgrounds; and the number of such persons currently in the force. [10887/20]

View answer

Written answers

I would first note that the administration and management of An Garda Síochána is the function of the Garda Commissioner under the Garda Síochána Act 2005.  This includes responsibility for matters such as the recruitment and training of members.

However and as the Deputy will be aware, in December 2018 the Government endorsed the report of the Commission on the Future of Policing in Ireland and the report is now being implemented in accordance with the targets and timelines set out in the 4-year plan "A Policing Service for the Future".

Among the issues highlighted in the Commission's report was that An Garda Síochána should reflect the diversity of Irish society and should therefore develop recruitment strategies to achieve a more diverse intake.  These recommendations echoed those of the Garda Inspectorate following their examination of entry routes into An Garda Síochána. Work is currently underway on the drafting of Terms of Reference for a Working Group to bring forward a review of entry to An Garda Síochána.

Even in advance of any such review, it is the case that the Public Appointments Service which runs the Garda recruitment campaigns has in recent years made significant efforts to attract candidates from minority communities, including though publication of videos and materials in multiple languages.

As the Deputy may be aware, in order to promote entry and remove a barrier for entry for individuals from some communities, when launching last year’s recruitment competition the Commissioner last year also approved changes to the Garda uniform to allow the wearing of the hijab or turban.

In addition, the Garda Diversity and Integration Strategy was adopted last year.  This Strategy reflects a commitment to further diversity in the Garda workforce.  It contains a working definition for the investigation of hate crime, to ensure that Gardaí are alert to and appropriately record hate incidents.  And it commits to proactive, respectful engagement with all members of society, including minority groups.

I am informed that a number of actions have already taken under the Strategy. These include:

- organisation of the annual Consultation Day in December 2019, which involved representation from a wide spectrum of our diverse and minority communities;

- organisation during 2020 of dialogue days, tailored to specific minority groups and including discussion of barriers to entry.  Further dialogue days  were postponed, due to the Covid-19 pandemic, but will be rescheduled when circumstances allow. And

- establishment of a Diversity Forum.  The terms of reference of the Diversity Forum will include addressing the barriers to recruitment and retention as well as monitoring progress in this field. Representatives for the Forum have been identified but progress has been delayed due to the Covid-19 pandemic.

Court Procedures

Questions (344)

Gerald Nash

Question:

344. Deputy Ged Nash asked the Minister for Justice and Equality if full video link facilities and the capacity to take CCTV evidence is available in full in both courtrooms in the Drogheda court building; if not, when the Courts Service will remedy the situation; and if he will make a statement on the matter. [10901/20]

View answer

Written answers

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, 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.  The Courts Service has confirmed that Drogheda court sittings have been temporarily transferred to Dundalk courthouse.  As part of the Courts Service response to the Covid-19 pandemic, court business was consolidated into larger courthouses to allow for social distancing. These are temporary measures and, as the country reopens, the Courts Service are reviewing their operations to maximise the resources available to them, while following Government guidelines to ensure that court business is conducted in a safe environment. The future use of Drogheda courthouse is part of the review.  

The Courts Service has built a significant video-link infrastructure over the last decade but it was not installed in every courthouse for budgetary reasons and because the projected usage did not justify the investment.  When Drogheda courthouse was built, the building was future proofed by being wired to facilitate video-link. However, the technology was not installed as Dundalk courthouse already had the facility and resources were needed in other parts of the country.

Since the start of the Covid-19 pandemic, video-link usage has seen significant growth and the Courts Service expect this to grow further in the coming years.  A business case is presently being prepared to install video-link facilities in courthouses that are considered suitable and that presently do not have them.  Drogheda has been identified as one such courthouse.  This does not guarantee the installation of the technology as the business case will be assessed and approved on its merits but it is an objective of the Courts Service to maximise the use of technology where it is sensible to do so.

Garda Deployment

Questions (345, 346)

Catherine Murphy

Question:

345. Deputy Catherine Murphy asked the Minister for Justice and Equality the stations newly attested gardaí were assigned to in 2019 and to date in 2020, in tabular form; and if he will make a statement on the matter. [10924/20]

View answer

Catherine Murphy

Question:

346. Deputy Catherine Murphy asked the Minister for Justice and Equality the stations probationer gardaí were assigned to as part of their phased training in 2019 and to date in 2020, in tabular form; and if he will make a statement on the matter. [10925/20]

View answer

Written answers

I propose to take Questions Nos. 345 and 346 together.

Under the Garda Síochána Act 2005 as amended, the Garda Commissioner has responsibility for management of An Garda Síochána and for the allocation and efficient use of Garda resources. This includes responsibility for personnel matters and the distribution of personnel across the various Garda Divisions.  As Minister I have no direct role in these matters.  I understand however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

The resources provided to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation.

I am informed by the Garda authorities that as at 31 May 2020, there are now 14,700 Garda members nationwide, supported by over 3,000 Garda staff and these numbers are continuing to grow.  This figure includes the Garda trainees from two separate intake classes who attested earlier than scheduled in March 2020, which was an operational decision taken by the Garda Commissioner in order to augment An Garda Síochána's capacity to respond to the Covid-19 pandemic.

The information requested in respect of the stations to which newly attested Gardaí and probationer Gardaí were assigned in 2019 and to date in 2020 is available on my Department’s website at the following link:

http://www.justice.ie/en/JELR/008_Allocation_of_Probationer_Gardaí_by_Division_and_Station_2014_to_March_2020.xlsx/Files/008_Allocation_of_Probationer_Gardaí_by_Division_and_Station_2014_to_March_2020.xlsx

In addition, a detailed breakdown of the Garda workforce, including both Garda members and staff, is available on my Department’s website.  This information is updated every month with the latest data provided by An Garda Síochána, in the interests of transparency and for the convenience of Deputies and the wider public. 

Information on Garda members and the location to which they are deployed is available at the following link:

http://www.justice.ie/en/JELR/02_Garda_Numbers_by_Division_District_and_Station_2009_to_April_2020.xlsx/Files/02_Garda_Numbers_by_Division_District_and_Station_2009_to_April_2020.xlsx

Information on the Garda workforce including both members and staff is available at the following links: http://www.justice.ie/en/JELR/Pages/Garda_Workforce

http://www.justice.ie/en/JELR/Pages/Garda_Staff

Direct Provision System

Questions (347, 355, 365, 381, 382)

Catherine Murphy

Question:

347. Deputy Catherine Murphy asked the Minister for Justice and Equality the reason deaths in direct provision centres stopped being notified in 2017; if his Department is notified of such deaths; if so, if deaths have occurred since then; if so, the number and location of each; and if he will make a statement on the matter. [10931/20]

View answer

Louise O'Reilly

Question:

355. Deputy Louise O'Reilly asked the Minister for Justice and Equality the number of deaths in direct provision and emergency accommodation centres in each of the years 2015 to 2019 and to date in 2020, in tabular form; and if he will make a statement on the matter. [11114/20]

View answer

Louise O'Reilly

Question:

365. Deputy Louise O'Reilly asked the Minister for Justice and Equality the number of deaths in direct provision and emergency accommodation centres in each of the years 2015 to 2019 and to date in 2020, in tabular form; and if he will make a statement on the matter. [11170/20]

View answer

Cian O'Callaghan

Question:

381. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the number of persons who live in direct provision centres that have died each year over the past five years; and if he will make a statement on the matter. [11301/20]

View answer

Cian O'Callaghan

Question:

382. Deputy Cian O'Callaghan asked the Minister for Justice and Equality if he will resume annual reporting on the number of asylum seekers who die while their applications are being processed; and if he will make a statement on the matter. [11302/20]

View answer

Written answers

I propose to take Questions Nos. 347, 355, 365, 381 and 382 together.

The International Protection Accommodation Service (IPAS) of my Department developed a Critical Incident Policy last year. The Policy includes guidelines for IPAS staff and accommodation centre managers and staff in the event of the death of a resident. The Policy includes a protocol for record keeping whereby IPAS maintain a record of all critical incidents. The Policy was issued on 23 November 2019.

I can inform the Deputy that, sadly, four deaths have been notified to IPAS since the introduction of its Critical Incident Policy in November 2019. One death occurred in 2019 and a further three have occurred in 2020.

Where a person dies while they are being provided with accommodation by my Department, we work closely with the centre manager to assist the person’s next of kin, if known, in accessing the supports provided by the State, and to ensure that any other residents affected by the death are assisted in accessing services that can support them.

All records of deaths in Ireland are held in the General Register Office, which is the central civil repository for records relating to Births, Marriages and Deaths in Ireland and my Department does not have an official role in the collation of statistics on deaths of International Protection applicants. In particular, it should be noted that the IPAS, and the Reception and Integration Agency before it, may have not always be informed of a death, for example if the death occurs in a hospital or other setting.

All deaths and serious incidents that occur within accommodation centres provided by my Department are referred to the Gardaí as a matter of course and the Gardaí in turn refer all deaths to the local Coroner’s office. As is the case with all Gardaí/Coroner matters, IPAS is not privy to information pertaining to individual investigations carried out under their remit. IPAS provides information to An Garda Síochána and the Coroner’s Office as and when requested.

Prison Visiting Regulations

Questions (348, 354)

Michael McGrath

Question:

348. Deputy Michael McGrath asked the Minister for Justice and Equality when it is expected that visits to prisoners will commence across the prison system; and if he will make a statement on the matter. [10981/20]

View answer

Martin Kenny

Question:

354. Deputy Martin Kenny asked the Minister for Justice and Equality when prison visits will resume; the safety precautions that will be put in place for visiting families; if precautions will differ depending on the level of security of the prison; and if he will make a statement on the matter. [11087/20]

View answer

Written answers

I propose to take Questions Nos. 348 and 354 together.

I am acutely aware of the supportive role that families and friends play in the rehabilitation of prisoners and in their preparation for life in the community after release from prison. 

With this in mind, the Irish Prison Service continued to facilitate physical family visits to prisons for as long as it was safe to do so.  However I know that Deputies appreciate it was necessary in the interest of the health and welfare of our prison population to suspend physical family visits in March, when public health restrictions on movement and gatherings were introduced due to the Covid-19 pandemic.  Parallel to the suspension of physical visits, the Prison Service introduced a number of new innovations including video visits, to enable prisoners to maintain contact with their families during these difficult times.

It is important to recognise that due to these and other measures introduced by the Irish Prison Service as well as the efforts of staff, Red Cross Volunteers and prisoners themselves, there has to date been no confirmed prisoner case of Covid-19 in our prisons.  Nevertheless the risk continues and must be managed. 

The Director General has assured me that the Irish Prison Service is committed to reintroducing physical visits as soon as it is safe to do so.

I am informed that, in line with the Government Roadmap, the Irish Prison Service has started a detailed assessment of the ability of each prison, within its physical and resources confines, to resume some family visits, with appropriate safeguards in place having regard to the need for infection control.  I hope that it will also be possible to continue the innovation of the video calls, which I know have been appreciated by families.

While no date has yet been identified and the safety arrangements that will be put in place have yet to be finalised, the Irish Prison Service will provide further information and a date for the gradual recommencement of visits to prisoners and their families in the coming weeks.

Legal Aid Service

Questions (349)

Mary Butler

Question:

349. Deputy Mary Butler asked the Minister for Justice and Equality if his attention has been drawn to the health and safety concerns expressed by the managing solicitor and staff at a law centre (details supplied) in respect of proposed relocation of premises; and if he will make a statement on the matter. [10988/20]

View answer

Written answers

The Legal Aid Board provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017.  The Board delivers these services through directly employed solicitors in its network of law centres around the country and through private solicitors from its private practitioner panels. 

Section 3(3) of the Act provides that the Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.

I have however had enquiries made with the Legal Aid Board on behalf of the Deputy, and I am advised that the Board is dealing with the matter to which the Deputy refers.  I understand that it has for some years sought to obtain a new office premises as the existing location is no longer suitable for its needs.  I am advised that a premises nearby to the current location has been identified which will more effectively meet the needs of clients and staff in the future, and that management remains available to meet with staff in this regard.

Court Procedures

Questions (350)

Cathal Crowe

Question:

350. Deputy Cathal Crowe asked the Minister for Justice and Equality if he will consider changes to the restrictions relating to court affidavits (details supplied) in view of the fact that the current system is restrictive. [10995/20]

View answer

Written answers

I am aware that concerns have been raised about the requirement for affidavits to be signed and witnessed in person in the context of the current Covid-19 public health emergency.  I also appreciate that the current pandemic is an anxious and challenging time for many people and organisations.

There are statutory provisions that refer to the taking of affidavits, including section 5 of the Commissioners for Oaths Act 1889 and section 72 of the Solicitors (Amendment) Act 1994. Furthermore, rules and procedures for the taking of affidavits are set out in Order 40 Rule 5 of the Superior Courts Rules, Order 25 Rule 1 of the Circuit Court Rules and Order 50 Rule 2 of the District Court Rules.  Legislative changes would be required before changes in those procedures and rules could be brought about and only following careful consideration.

The Government approved drafting of the Courts and Civil Law (Miscellaneous Provisions) Bill 2020 in January last. It contains proposals to amend a number of courts-related Acts, including proposals for electronic submission and lodgement of documents and for a statement of truth mechanism.

The Bill is being drafted at present.  In addition, my Department is currently examining statutory reforms in order to respond to the new challenges and address various issues connected to the legal process arising in the context of the current Covid-19 pandemic.

The Interpretation Act 2005 defines the word “oath” to allow a person to affirm instead of swearing an oath.  Any person who objects to taking an oath on the ground that they have no religious belief or that the taking of an oath is contrary to their religious belief may make an affirmation instead of taking an oath.  

It remains the case that providers of legal services, like many businesses and organisations throughout the country that need to engage directly with the public must do so in compliance with public health guidelines. The Health and Safety Authority, the Health Service Executive (HSE), the Department of Health, and the Department of Business Enterprise and Innovation have published extensive information on working safely during the current health emergency.  The Department of Business Enterprise and Innovation have also established a helpline to support and advise businesses in adapting to the current challenges.

I appreciate that these are difficult times for everyone and I would like to acknowledge the commitment, flexibility and innovation demonstrated by all involved in safely delivering continuity of access to justice during the current public health emergency.

National Advocacy Service

Questions (351)

Dara Calleary

Question:

351. Deputy Dara Calleary asked the Minister for Justice and Equality if he will refer a group (details supplied) to the National Advocacy Service for People with Disabilities; and if he will make a statement on the matter. [11004/20]

View answer

Written answers

My Department has responsibility for the Magdalen Restorative Justice Implementation Unit, which was established to administer the Magdalen Ex-Gratia Scheme. This involves the processing of applications to the Scheme, the payment of the ex-gratia awards to eligible applicants and the transmission of relevant details to the Department of Employment Affairs and Social Protection for the calculation of pension entitlements and to the HSE for the issue  of the Medical Card. The Unit also makes every effort to assist applicants who make contact seeking referrals to other State services.

While the Unit maintains a database of all applicants to the scheme, applicants do not typically maintain contact with the Unit once their applications have been processed, nor are they obliged to do so.  For that reason, my Department does not hold current contact details of places of residence for all applicants.  Having reviewed the records of the Unit, I can confirm that there were there are no applicants recorded as being resident at this nursing home. 

I would note that my Department has no responsibility for the National Advocacy Service, which is funded by the Department of Employment Affairs and Social Protection.  I similarly have no role in relation to the management or oversight of nursing homes. However, I have asked my officials to contact the National Advocacy Service over the coming days to determine whether my Department can provide any assistance in relation to this matter.

Direct Provision System

Questions (352)

Johnny Mythen

Question:

352. Deputy Johnny Mythen asked the Minister for Justice and Equality the breakdown of the 7,700 persons in direct provision by nationality, gender, age and length of calendar year each resident has spent in direct provision in tabular form; and the number of children born in direct provision since its inception. [11065/20]

View answer

Written answers

As of 7 June 2020, a total of 7,387 persons are recorded as being resident in accommodation provided by the International Protection Accommodation Service (IPAS) of my Department. This includes people who are resident in Direct Provision centres, in emergency accommodation in hotels and guesthouses and in the Balseskin Reception Centre.

It should be borne in mind that a number of residents voluntarily opted to move out of their accommodation on a temporary basis during the onset of COVID-19. It was agreed that residents could choose at this time to live outside the centre with family or friends and my Department has confirmed that they will be able to return to their centre after following Public Health advice, when the crisis ends.

The table below shows the number of persons residing in accommodation as of 7 June 2020, by nationality. At that date, there were people from a total of 103 different nationalities residing in our accommodation.  The figures include both international protection applicants and 916 people who are no longer in the process, having already been granted an international protection status (refugee status or subsidiary protection) or a permission to remain in the State. We are assisting these residents to transition to permanent mainstream accommodation, working closely with the City and County Managers Association, the Local Authorities and organisations like Depaul Ireland, the Peter McVerry Trust and the Jesuit Refugee Service. People with status or permission to remain in the State have the same entitlement to housing supports and State services as everyone else.

No breakdown is provided for nationalities with less than 10 people due to the increased risk of their identification, which is prohibited under Section 26 of the International Protection Act 2015.

 Nationality     

Total        

Afghanistan

181

Albania

576

Algeria

199

Angola

31

Bahrain

11

Bangladesh

194

Benin

11

Bolivia

35

Botswana

41

Brazil

21

Burundi

13

Cameroon

80

China (including Hong Kong)

13

Congo, The   Democratic Republic of

320

Cote D’Ivoire

13

Egypt

28

El Salvador

23

Eritrea

16

Ethiopia

28

Georgia

664

Ghana

92

Guatemala

19

India

71

Iran (Islam Republic of)

39

Iraq

84

Israel

10

Jordan

14

Kenya

36

Kosovo/UNSCR 1244

35

Kuwait

16

Lesotho

11

Libyan Arab Jamahiriya

21

Malawi

230

Malaysia

16

Mauritius

39

Morocco

50

Nepal

14

Nigeria

1016

Pakistan

532

Palestinian Territory, Occupied

57

Russian Federation

34

Sierra Leone

68

Somalia

205

South Africa

632

Sri Lanka

16

Sudan

52

Swaziland

30

Syrian Arab Republic

89

Tanzania, United Republic of

11

Togo

27

Uganda

43

Ukraine

27

Venezuela

14

Yemen

10

Zambia

16

Zimbabwe

1,064

Others (49 countries)

149

Total

7,387

Gender Breakdown of residents 

Male

56.53%

4,176

Female

43.47%

3,211

Total

100.00%

7,387

Age Breakdown

Age (Years)  

Percentage of DP Residents  

Number of DP Residents  

0 to 10

20.29%

1,499

10 to 20

11.16%

  824

20 to 30

21.88%

1,616

30 to 40

28.39%

2,098

40 to 50

13.50%

  997

50 to 60

3.57%

  264

60+

1.21%

    89

Total

100.00%

7,387

Duration of Stay

 Years  

 Percentage of  Residents  

 Number  of Residents  

0 < 1

34.57%

2,554

1 < 2

24.81%

1,833

2 < 3

16.21%

1,198

3 < 4

8.44%

   623

4 < 5

8.18%

   604

5 < 6

3.84%

   284

6 < 7

1.27%

    94

7+

2.68%

   197

Total

100.00%

7,387

Regarding your query on children born in centres, my Department does not have any official role in the collation of statistics on the births of children whose parents are residents of our accommodation centres.  The recording of births is the responsibility of the General Registration Office (GRO).

Question No. 353 answered with Question No. 311.
Question No. 354 answered with Question No. 348.
Question No. 355 answered with Question No. 347.

Direct Provision System

Questions (356, 366)

Louise O'Reilly

Question:

356. Deputy Louise O'Reilly asked the Minister for Justice and Equality the number of deaths associated with Covid-19 in direct provision and emergency accommodation centres; and if he will make a statement on the matter. [11115/20]

View answer

Louise O'Reilly

Question:

366. Deputy Louise O'Reilly asked the Minister for Justice and Equality the number of deaths associated with Covid-19 in direct provision and emergency accommodation centres; and if he will make a statement on the matter. [11171/20]

View answer

Written answers

I propose to take Questions Nos. 356 and 366 together.

The COVID-19 pandemic is first and foremost a public health issue. It is a matter for the health authorities to comment on the numbers of deaths related to the virus and the settings in which such deaths have occurred.  On 26 May 2020, at a session of the Oireachtas Special Committee on Covid-19 Response, HSE officials confirmed that there were no admissions to intensive care nor any deaths of either residents or staff at any of our accommodation centres.  I can also confirm that my Department has not been notified of any COVID-19-related death of a resident by the HSE since that date.

The Deputy may wish to be aware of the general policy that applies when a person dies while they are being provided with accommodation by my Department’s International Protection Accommodation Service (IPAS).  Department officials work closely with the centre manager to assist the person’s next of kin, if known, in accessing the supports provided by the State, and to ensure that any residents affected by the death are assisted in accessing services that can support them.

All deaths and serious incidents that occur within accommodation centres provided by my Department are referred to the Gardaí as a matter of course and the Gardaí in turn refer all deaths to the local Coroner’s office.  It is primarily a matter for An Garda Síochána to notify the next of kin of the death of a person if required. As is the case with all Gardaí/Coroner matters, IPAS is not privy to information pertaining to individual investigations carried out under their remit.  IPAS provides information to An Garda Síochána and the Coroner’s Office as and when requested.

The IPAS has developed a critical incident policy. The policy includes guidelines for IPAS Staff and accommodation centre managers and staff in the event of the death of a resident. The policy includes a protocol for record keeping whereby IPAS will maintain a record of all critical incidents. The policy was issued on 23 November 2019.

Domestic Violence

Questions (357)

Anne Rabbitte

Question:

357. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of cases of domestic violence that have been reported to An Garda Síochána each month in 2019 and to date in 2020, in tabular form; and if he will make a statement on the matter. [11148/20]

View answer

Written answers

I have requested updated detail from the Garda Commissioner in relation to this matter and I will write to the Deputy directly with that information when the updated figures are available.

Domestic Violence

Questions (358)

Anne Rabbitte

Question:

358. Deputy Anne Rabbitte asked the Minister for Justice and Equality the additional resources made available by his Department in tackling the increase in cases of domestic violence by county; and if he will make a statement on the matter. [11152/20]

View answer

Written answers

First it is important to say Tusla has statutory responsibility for the care and protection of victims of domestic, sexual or gender based violence and is providing €25.3 million in funding for these services in 2020. Further detail in that regard can be obtained from the Department of Children and Youth Affairs.

Although primary responsibility for funding frontline services, including refuges for victims of domestic abuse, rests with Tusla, I can reassure the Deputy that combatting domestic abuse is also a priority for me and my Department. It is also an important aspect of the National Strategy for Women and Girls and the Second National Strategy on Domestic, Sexual and Gender-based Violence.

At an early stage in the Covid-19 pandemic and in recognition of the added risk of domestic abuse which some people face in that context, my Department developed an inter-agency plan to address domestic abuse during this pandemic.  An Garda Síochána too confirmed that it continued to attach the highest priority to domestic abuse incidents during the pandemic, including through ‘Operation Faoiseamh’, a proactive initiative designed to ensure victims of domestic abuse are supported and protected throughout the period.

As part of this inter-agency plan and in addition to the funding already allocated for 2020, my Department has to date provided an additional €285,000 to organisations in the sector, to support and extend the existing services they offer during the period of the Covid-19 crisis.

The additional funding provided to date in this way consists of the following:

- Women’s Aid: €63,000 for additional resources to extend the Support and Referral Service and the High Risk Support project;

- Rape Crisis Centre Network Ireland: €50,000 to support the work of local centres and to manage information on advice and guidance for frontline trauma support workers;

- Ruhama: €14,000 for additional support packs for women seeking to exit prostitution;

- Men’s Development Network: up to €39,340 for an extension of the Male Advice line and extra telephone support for the Men Ending Domestic Violence programme;

- Safe Ireland: €36,000 for additional personnel capacity and communicating with their service users;

- Move Ireland: €33,000 for additional helpline and counselling support for perpetrators;

- Rape Crisis Centre Forum: €50,000 for local awareness-raising campaigns and for development of a package of revised service processes, standards and procedures, including adaptations to new ways of working arising from pandemic.

Other actions under the plan aimed at ensuring that domestic abuse and sexual violence continue to receive the highest priority from the civil and criminal justice system. This includes priority by the Legal Aid Board and Courts Service for domestic abuse cases, and availability of a Legal Aid Board helpline to ensure that persons experiencing domestic violence issues get prompt legal advice and legal representation in court where needed.

Tusla has also put a range of practical supports in place including funding, identification of additional accommodation capacity, and provision of additional ICT resources.

Deputies will also have noted that the Minister for Employment Affairs and Social Protection has recently announced her decision to make rent supplement available on a short-term basis to victims of domestic abuse, referred via Tusla-funded domestic abuse service providers.  Minister Doherty has indicated that these arrangements will be reviewed after six months of operation.

Finally, the Deputy may be interested to know that my Department is also leading a public awareness campaign on domestic abuse during the Covid-19 crisis, in partnership with frontline services in the community and voluntary sector. Further information on the organisations involved in this initiative as well as services and supports for victims is available on the website www.stillhere.ie

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