Written Answers Nos. 359-383
359. Deputy Martin Kenny asked the Minister for Justice and Equality the number of persons in the direct provision system who are waiting to have a first hearing, waiting on an appeal and on a deportation order, respectively; the length of time each person had been waiting on 31 May 2020; and if he will make a statement on the matter. [11157/20]
View answerThe following table provides details of the number of pending applications in the International Protection Office for persons residing in direct provision, on 31 May 2020*.
|
Case Stage/Length of Time |
Less than 3 months |
3 to less than 6 months |
6 to less than 12 months |
12 to less than 18 months |
18 to less than 24 months |
24 months plus |
Total |
|
1. Cases at initial stage of processing |
118 |
424 |
620 |
51 |
16 |
25 |
1254 |
|
2. Cases at Interview stage |
3 |
15 |
283 |
141 |
45 |
38 |
525 |
|
3. Cases awaiting decision |
0 |
6 |
155 |
428 |
249 |
173 |
1011 |
|
4. Cases awaiting interview or Decision of a parent |
26 |
155 |
318 |
162 |
64 |
18 |
743 |
|
Total |
147 |
600 |
1376 |
782 |
374 |
254 |
3533 |
*Please note these figures may be subject to data cleansing.
Case Stage 4 - these are dependent children whose claim is included with those of a parent. It is not possible to separate them into pre and post interview.
There are 1,606 appeals on hand at the International Protection Appeals Tribunal as of 31 May 2020. The Tribunal does not maintain statistics pertaining to appellants’ residence in the Direct Provision system on its databases. Immigration Service Delivery records indicate that of the 1,606 appellants, 1,028 were recorded as being in Direct Provision on 31 May 2020.
In terms of persons with a Deportation Order, my Department’s records show that the number of persons in Direct Provision accommodation on whom a Deportation Order has been served is 374.
My Department’s records show that a further 57 Deportation Orders have been made in respect of Direct Provision accommodation residents in the period leading up to the COVID-19 restrictions, but, owing to the disruption to many areas of the Immigration Service caused by the pandemic, these Orders have not yet been ‘served’ on the relevant persons. Those Orders will be served on the relevant persons as soon as it is possible to do so.
A further 55 cases have been identified where the relevant international protection and permission to remain claims have been refused but, due to the pandemic restrictions, these cases have not been progressed to a conclusion.
In this context, the Deputy might note that section 51 of the International Protection Act 2015 provides that a person refused international protection and permission to remain and who does not avail of the option of voluntary return shall, subject to the refoulement consideration provided for in section 50 of the same Act, have a Deportation Order made in respect of them. However, that will be conditional on the relevant person not having another form of permission to remain in the State or not having another type of immigration application remaining to be determined. All such matters are investigated, as part of the formal due diligence process, before a decision to make a Deportation Order is taken.
360. Deputy Martin Kenny asked the Minister for Justice and Equality the budget for the direct provision system in each of the years 2015 to 2019 and to date in 2020, in terms of administration, accommodation, travel, legal costs and so on; and if he will make a statement on the matter. [11158/20]
View answerThere are currently 44 dedicated accommodation centres being operated under the Direct Provision reception system, in addition to Balseskin Reception Centre, which allows for the delivery of necessary supports and services to persons newly arrived in the State.
Due to continuing increases in the numbers applying for international protection in recent years, these centres reached full operational capacity in September 2018 and my Department contracted a number of premises, hotels and guesthouses, to provide accommodation on a short-term basis until the Department could procure additional accommodation centres under a regional tendering competition. There are 37 such accommodation premises currently being used to accommodate international protection applicants on a temporary basis.
In response to the current COVID-19 pandemic, my Department also opened four dedicated self-isolation facilities for residents in Dublin, Cork, Limerick and Dundalk.
My Department is also operating three Emergency Reception and Accommodation Centres (EROCS) which are used to accommodate persons arriving in Ireland under the Irish Refugee Protection Programme (IRPP).
My Department contracts for an all-inclusive service, which includes catering services, as well as cleaning, maintenance and laundry services. The administration costs of Direct Provision from 2015 to the end of May 2020 are broken down in the table.
|
Expenditure Type |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 (to end May) |
|
Accommodation (including commercial, State-owned and self-catering). Emergency accommodation costs are included from September 2018 when such accommodation was first utilised. |
€54.895m |
€60.327m |
€65.407m |
€76.057m |
€125.936m |
€68.159m |
|
Pre-school (contributions towards some costs) |
€0.127m |
€0.112m |
€0.095m |
€0.107m |
€0.095m |
€0.047m |
|
Additional costs at State-owned centres (incl. gas, oil, water, sewage, etc) |
€1.879m |
€3.558m |
€1.742m |
€1.512m |
€1.517m |
€0.761m |
|
Transport costs (under dispersal policy) |
€0.103m |
€0.129m |
€0.093m |
€0.182m |
€0.579m |
€0.182m |
|
Miscellaneous (payments for personal hygiene products, grants to organisations and miscellaneous costs) |
€0.021m |
€0.011m |
€0.022m |
€0.135 |
€1.281m |
€0.810m |
|
Total Expenditure |
€57.025m |
€64.137m |
€67.359m |
€77.993m |
€129.408m |
€69.959m |
The 2015, 2016, 2017, 2018 and 2019 figures include an amount of €0.538m, €3.214m, €7.728m, €7.550m and €7.605m respectively for designated Emergency Reception and Orientation Centres (EROC). The corresponding figure for 2020 to end May is €2.490m.
361. Deputy Martin Kenny asked the Minister for Justice and Equality the number of persons approved for asylum who remain in direct provision accommodation as at 31 May 2020; and if he will make a statement on the matter. [11160/20]
View answerA total of 916 people living in Direct Provision accommodation have an international protection status (refugee status or subsidiary protection) or a permission to remain in the State, as of the end of May 2020. These residents have the same entitlement to access housing supports and services as citizens and EEA nationals.
Considerable work is being undertaken to support these residents to move out of accommodation centres and into secure permanent accommodation. My Department has a specific team who work in collaboration with DePaul Ireland, the Jesuit Refugee Service, the Peter McVerry Trust, officials in the Department of Housing, Planning and Local Government, and the City and County Managers Association to collectively support residents with status or permission to remain to access their housing options.
Since the beginning of the year and up to the end of May 2020, a total of 433 persons have moved from Direct Provision accommodation into the community. This compares with a figure of 203 people the previous year (2019), when the project commenced. We will continue to work with the remaining residents to assist them to do the same.
362. Deputy Martin Kenny asked the Minister for Justice and Equality the number of persons in the direct provision and emergency accommodation system; and if he will make a statement on the matter. [11161/20]
View answerThe State has a legal obligation to offer accommodation, food and a range of other services (including utilities and healthcare etc.) to any person who claims a right to international protection in Ireland while their claim for protection is being examined.
As of 7 June 2020, a total of 7,387 people are being provided with accommodation in permanent and temporary locations by my Department.
This figure includes 5,552 persons resident in our 45 dedicated accommodation centres located nationwide and a further 1,500 persons resident in temporary commercial premises such as hotels and guesthouses. Every effort is being made to re-accommodate applicants from these temporary locations to a dedicated accommodation centre as quickly as possible.
The figure of 7,387 people also includes 335 people accommodated in the Balseskin Reception Centre in Dublin. The purpose of the Reception Centre is to provide a short orientation period and the necessary supports and services for people newly arrived in the State before being accommodated in centres around the country. During their stay in Balseskin, international protection applicants are offered health screening and are processed for PPS numbers and medical cards. This ensures that residents can access the Daily Expenses Allowance and any necessary medical supports once they have been allocated their accommodation.
Residents who have been granted an international protection status (refugee status or subsidiary protection status) or a permission to remain have the same access to housing supports and services as Irish and EEA nationals. However, due to delays in accessing other accommodation, there are 916 residents, as of the end of May 2020, in accommodation centres with a protection status or humanitarian permission to remain in the State.
Considerable work is being undertaken to support these residents to move out of accommodation centres and into secure permanent accommodation. My Department has a specific team who work in collaboration with DePaul Ireland, the Jesuit Refugee Service, the Peter McVerry Trust, officials in the Department of Housing, Planning and Local Government, and the City and County Managers Association to collectively support residents with status or permission to remain to access housing options. A total of 433 persons with status have moved into the community to the end of May 2020 this year compared with a figure of 203 for the same period last year.
363. Deputy Catherine Murphy asked the Minister for Justice and Equality if he or his officials have engaged with the Dublin Airport Authority and-or the Health and Safety Authority in respect of an incident (details supplied) that occurred in a Dublin Airport detention room in November 2015; and if he will make a statement on the matter. [11164/20]
View answerThe Deputy will appreciate that it is not possible for me to respond in this forum in relation to individual cases.
That said, in light of the issues raised by the Deputy, I have sought a report from both An Garda Síochána and the Garda Síochána Ombudsman Commission. I will write directly to the Deputy when I receive further information on this matter.
364. Deputy Louise O'Reilly asked the Minister for Justice and Equality the outcome of contacts by his Department with asylum seekers living in direct provision centres regarding the opportunities available to them to assist in the effort against Covid-19; the number recruited to the health service; and if he will make a statement on the matter. [11169/20]
View answerI am not aware of any international protection applicants living in our accommodation centres being recruited through the “Be on call for Ireland” initiative established by the HSE. As the Deputy will appreciate, recruitment to the health service is solely a matter for the HSE.
However, I can say that there are approximately 160 persons living in our accommodation centres who have identified as healthcare workers.
Any healthcare workers living in our accommodation were eligible to apply for accommodation under the HSE’s Temporary Accommodation Scheme announced on 10 April 2020. The International Protection Accommodation Service (IPAS) of my Department has been actively encouraging all healthcare workers living in accommodation centres to apply for this temporary accommodation for their protection and that of other centre residents and staff. We have provided information, forms and guidance and have also asked the NGO community to support this initiative and to help to bring it to the attention of residents through their support networks.
Unfortunately, there was a relatively low take-up of the accommodation offers by the health care workers in our accommodation centres. According to the HSE, between 10% and 20% indicated a willingness to accept such an offer. There are many reasons for this, including that some have family in the direct provision centre and do not wish to leave them or the services and supports available in their centre may be greater than what is on offer through the temporary accommodation scheme. We are aware of some cases where the employer has provided accommodation on a temporary basis.
Some residents have chosen to live outside the centre with family or friends and we have confirmed that they will be able to return to their centre when the crisis ends. In addition, as you will appreciate, residents who are working are not wholly dependent on the State and they may choose to source and provide for their own accommodation, at any time, as other workers do.
Any essential workers who continue to reside in our centres at this time are expected to follow the same rules as all residents on adhering to social and physical distancing, good hand and respiratory hygiene and self-isolation measures, as required, for their safety and that of other residents and staff.
368. Deputy Louise O'Reilly asked the Minister for Justice and Equality if there has been a follow-up or investigation into reports of alleged assaults on residents at a direct provision centre (details supplied). [11189/20]
View answerThe Deputy will appreciate that any investigations into alleged assaults are a matter for An Garda Síochána and it would not be appropriate for me to make any further comment on the matter.
More generally, following a number of issues raised in relation to this emergency accommodation premises, officials from the International Protection Accommodation Service (IPAS) of my Department recently (4 June) held a clinic via video call with residents of the centre. This was attended by 12 of the 19 residents currently residing at the centre.
The clinic was held off-site in the Miltown Malbay Community Centre and was facilitated by a volunteer from the Limerick and Clare Educational Training Board (LCETB). Other than the residents and the facilitator, only the manager of the Community Centre and the caretaker were present onsite at the time.
Each resident attended their own clinic appointment in a separate room away from the facilitator and the manager of the Community Centre to ensure privacy and confidentiality.
The majority of residents who attended the clinic stated they were happy with the food and with the accommodation in general. A small number of the residents who participated in the clinics stated that the food was not to their liking.
Following the clinics, an unannounced visit was made to the accommodation the next day (5 June 2020) by a senior official from my Department. During this visit, a number of issues raised in recent correspondence to my Office were investigated. I can confirm that during this visit all rooms were viewed and that no health and safety issues were identified. My officials will be following up with management and residents on any of the issues raised during the recent clinics.
IPAS officials previously visited the premises unannounced on 13 February last, on foot of concerns raised by a local support group. During the course of this visit, they inspected all bedrooms and recreation rooms and the kitchen and dining facilities and they had lunch with the residents. I am advised that my officials did not find any major issues to report and the residents they spoke to did not raise any issues about the standard of the centre. The International Organisation for Migration (IOM) also carried out a visit to the premises in February as part of a programme of visits to a variety of centres over a two week period. No specific issues were brought to my Department's attention regarding the premises arising from their visit.
It is my Department’s intention is to accommodate all international protection applicants currently living in emergency accommodation in dedicated accommodation centres as soon as places become available. In the meantime, I hope that this information will provide you with some reassurance on the current situation at this centre.
369. Deputy Peadar Tóibín asked the Minister for Justice and Equality if additional specific details will be provided on the status of an application for naturalisation by a person (details supplied) still to be processed; the way in which he plans to address the issue of the inordinate length of time taken to process applications in his Department compared to previous years; and if he will make a statement on the matter. [11208/20]
View answerThe Citizenship Division of the Immigration Service of my Department have corresponded with the person referred to in the last few days and have provided an update on the application.
Applications for certificates of naturalisation continue to be processed during the COVID-19 crisis by the Immigration Service of my Department, albeit at a reduced capacity. The vast majority of Citizenship staff are working remotely, while a number of staff have been redeployed to support other critical work at this time.
The Citizenship Division of Immigration Service Delivery has encouraged new applicants not to submit applications at this time. This measure has been taken in accordance with Public Health advice regarding maintaining social distancing in the workplace. New applications will be accepted under Stage 4 of the revised Government Roadmap for reopening society and business.
In general, it takes around six months for a standard application to be processed from the date it is received to the date a decision is made. However, following the Jones judgment; processing of adult applications was paused for a number of months during the second half of last year (2019). My officials are currently prioritising applications that are in the system over 18 months.
The nature of the naturalisation process is such that, for a broad range of reasons, some cases can take longer than others to process. Additional security checks can result in some applications taking longer than this average timescale. Such checks are fundamental to maintaining the legitimacy of the naturalisation process both nationally and internationally.
My officials are currently exploring various options (including virtual ceremonies) that will facilitate the delivery of citizenship ceremonies in a manner that complies with social distancing protocols and prioritises the safety and wellbeing of participants, candidates, their guests and staff of my own Department and from the venue. It is also essential that any arrangements put in place satisfy the relevant statutory requirements while ensuring the event is a meaningful and dignified experience for candidates.
Regular updates will be posted on the Citizenship page of the Immigration Service Delivery website at www.irishimmigration.ie/citizenship/.
I would also encourage the Deputy to view our updates and a detailed Frequently Asked Questions document on the Immigration Service website at:
http://www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements.
370. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the arrangements being made to allow persons over 70 years of age or with underlying health conditions to attend family court proceedings remotely; and if he will make a statement on the matter. [11258/20]
View answerUnder 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.
I am advised by the Courts Service that where court offices are advised that either party to family law proceedings has an underlying health condition, or is in a category of persons identified as being particularly vulnerable to the effects of the coronavirus, irrespective of their age profile, arrangements will be made to deal with the matter remotely. To ensure that the arrangements run smoothly, parties or their legal advisors are asked to contact the relevant court office in advance of the case being listed in Court.
371. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the number of recorded incidents of racially motivated crime in each of the past five years; and if he will make a statement on the matter. [11259/20]
View answerI would like to assure the Deputy that I am fully committed to equality for all in Irish society and attach great importance to the fight against discrimination. I condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice or intolerance.
As I have set out in a number of recent Parliamentary Questions, my Department is working as a priority to develop new legislation addressing both hate speech and hate crime.
In terms of the current law, the Deputy will be aware that other than the Prohibition of Incitement to Hatred Act 1989 prohibits certain forms of threatening, abusive or insulting conduct that are intended or likely to stir up hatred against a group of persons on account of certain characteristics. These characteristics are race, colour, nationality, religion, ethnic or national origins, membership of the travelling community and sexual orientation.
I understand that there have been in the region of 50 prosecutions since the enactment of the 1989 Act.
Other than in relation to incitement and again as the Deputy will appreciate, a hate motive is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing for any criminal offence.
I understand that An Garda Síochána has reported, at a national level, on hate-based motivations for crime incidents in previous annual reports. The figures furnished in those annual reports for crime incidents with hate motivations during the last 5 years are as follows:
2015: 164
2016: 290
2017: 324
2018: 340
2019: 250
2020 (to date, up to 15 June): 90
I am informed that hate-related motivations have historically not been recorded for incidents that do not meet the threshold of criminality (i.e. non-crime incidents).
I am further informed by the Garda authorities that An Garda Síochána fully accepts that there is under-recording of hate motivated crimes. However significant actions are underway to improve internal recording of hate related incidents and also to encourage more reporting by the public. In particular, the Garda Diversity and Integration Strategy has a significant focus on enhancing the identification, reporting, investigation and prosecution of hate crimes.
This includes the introduction in that Strategy of a working definition by An Garda Síochána in relation to their investigation and recording of hate crimes, to the effect that a hate crime is “any criminal offence which is perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.”
Finally, as part of the Diversity and Integration Strategy, An Garda Síochána is upgrading PULSE to capture hate related motivations for all incidents, both crime and non-crime. I am confident that this will enable more accurate collation of data in relation to these crimes and incidents in the future.
372. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the consideration given to amending the process for affirming oaths while Covid-19 restrictions are in place to allow this be done remotely; and if he will make a statement on the matter. [11260/20]
View answerI 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.
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.
373. Deputy Roderic O'Gorman asked the Minister for Justice and Equality when the Reception and Integration Agency last inspected a direct provision centre (details supplied); if residents were engaged with on that occasion; and if he will make a statement on the matter. [11261/20]
View answerThe location mentioned is an emergency accommodation centre rather than one of our dedicated accommodation centres (also known as Direct Provision centres). It was initially inspected by procurement staff of my Department before being contracted as temporary accommodation for international protection applicants in May 2019.
Two staff from the International Protection Accommodation Service (IPAS) of my Department visited the centre in October 2019 to conduct a bed audit. During this visit, they interacted with centre staff and residents and listened to any comments or issues brought to their attention. They were given a tour of the facilities including the kitchen, laundry, Wi-Fi and recreation facilities. They ensured that all were working satisfactorily and providing an acceptable quality of service to residents. In the location mentioned by the Deputy, the residents have access to self-catering facilities, which were also visited. In addition, all bedrooms in the premises were visited.
As a result of the current health and safety restrictions with respect to the COVID-19 crisis, it has not been possible for a programme of visits or inspections to be carried out at this time. Some unannounced visits have taken place in recent weeks and work is ongoing in the Department to see how this can be expanded to additional locations in the coming period as we all adapt to new ways of working during the pandemic.
During this time, we are in daily contact with our centres (including emergency locations) through a dedicated communications team from the International Protection Accommodation Service (IPAS). This team undertakes daily calls with all centre managers across our network of permanent and temporary centres. Feedback from these conversations is reflected in the newsletters circulated to all centre managers to promote shared learning and best practice, which are available to view on our website www.accommodationcentres.ie. The daily calls also ensure that any issues or concerns can be raised without delay for appropriate resolution for the benefit of residents and staff. Regular newsletters are also circulated to residents and Friends of the Centre Groups. These too can be found on our website.
Should residents have any issues or concerns that they wish to raise directly with my Department, they can do so via an email address which is made known to all residents. If the complaint is not resolved to their satisfaction, residents can also raise concerns with the Office of the Ombudsman and the Ombudsman for Children, as appropriate. Contacts details for these Offices are also provided. Officials of my Department have recently begun holding virtual clinics with residents and a Freephone telephone support service run by the Jesuit Refugee Service (JRS) has also been established as an additional confidential support for residents.
374. Deputy Roderic O'Gorman asked the Minister for Justice and Equality if the Covid-19 crisis has delayed the process of making determinations on naturalisation applications; if so, the extent of the delay; and if he will make a statement on the matter. [11262/20]
View answerApplications for certificates of naturalisation continue to be processed during the Covid-19 crisis by the Immigration Service of my Department, albeit at a reduced capacity.
The Citizenship Division of Immigration Service Delivery has encouraged new applicants not to submit applications at this time. This measure has been taken in accordance with Public Health advice regarding maintaining social distancing in the workplace. New applications will be accepted under Stage 4 of the revised Government Roadmap for reopening society and business.
The vast majority of Citizenship staff are working remotely, while a number of staff have been redeployed to support other critical work at this time.
In general, it takes around six months for a standard application to be processed from the date it is received to the date a decision is made. However, on foot of a High Court judgment, that was subsequently overturned by the Court of Appeal, processing of adult applications was paused for a number of months during the second half of last year (2019). My officials are currently prioritising applications that are in the system over 18 months.
The nature of the naturalisation process is such that, for a broad range of reasons, some cases can take longer than others to process. Additional security checks can result in some applications taking longer than this average timescale. Such checks are fundamental to maintaining the legitimacy of the naturalisation process both nationally and internationally.
My officials are currently exploring various options (including virtual ceremonies) that will facilitate the delivery of citizenship ceremonies in a manner that complies with social distancing protocols and prioritises the safety and wellbeing of participants, candidates, their guests and staff of my own Department and from the venue. It is also essential that any arrangements put in place satisfy the relevant statutory requirements while ensuring the event is a meaningful and dignified experience for candidates.
Regular updates will be posted on the Citizenship page of the Immigration Service Delivery website at www.irishimmigration.ie/citizenship/.
I would also encourage the Deputy to view our updates and a detailed Frequently Asked Questions document on the Immigration Service website at:
http://www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements.
376. Deputy Róisín Shortall asked the Minister for Justice and Equality the progress made regarding the issue of the prevalence of the illegal use of scramblers and quad bikes; and if his Department has completed its consideration of proposals from the cross-agency group examining the issue. [11267/20]
View answerMy Department, alongside colleagues in the Department of Transport, Tourism and Sport and An Garda Síochána, is acutely aware of the severe difficulties and dangers this activity caused in the communities it impacts and my officials have been working to find solutions to this complex policing issue. It should be noted that targeted enforcement measures have been introduced in a number of areas where quad bikes and scramblers were causing difficulties. For example, Gardaí in areas like Finglas have had recent success in reducing the number of issues with scramblers through targeted enforcement, while youth community engagement groups in Limerick have had successes diverting young people away from using these vehicles in a dangerous manner in public places, and towards properly organised motorcross events.
As I have outlined in previous Parliamentary responses, a cross-agency group has been examining the misuse of scramblers. This process has involved my Department, the Department of Transport, Tourism and Sport, Housing, Planning and Local Government and Culture, Heritage and the Gaeltacht, as well as An Garda Síochána, the Road Safety Authority, the Revenue Commissioners and representatives of local authorities.
On foot of advice from the Office of the Attorney General, it was agreed that, in the main, current legislative provisions appeared to be sufficient. Nonetheless it was also agreed that the group would remain open to considering workable legislative solutions to any specific legislative gaps specifically identified by An Garda Síochána.
My officials wrote to the Garda Commissioner to seek his formal views on the matter. The response from the Office of the Garda Commissioner does suggest potential legislative changes which the organisation believes could assist in improving policing in this area.
The cross-agency group most recently met in December 2019. The group agreed that the Department of Transport, Tourism and Sport – which has primary responsibility for road traffic legislation – would explore the feasibility of developing new legislative provisions in road traffic legislation, following on from the suggestions of An Garda Síochána without unintended consequences for existing law.
It was also agreed that my Department would consider and develop actions in order to increase awareness of the dangers of these vehicles jointly with affected communities, community groups and other stakeholders, and explore how best to engage with young persons who are drawn to this behaviour. My Department is examining options in this area, with due regard to social distancing requirements.
More broadly, the Deputy may also wish to be aware that the draft Youth Justice Strategy 2020-2026 has recently been published for public consultation by my colleague, the Minister for State David Stanton. An online questionnaire is available until the end of June to allow members of the public, including of course young people, to express their views. Further information is available on my Department's website at the following link: http://www.justice.ie/en/JELR/Pages/Youth_Justice_Strategy_Public_Consultation
377. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the status of his Department’s anti-racism committee; the dates the committee met over the past 12 months; the persons on the committee; the work the committee has undertaken in the past year; and if he will make a statement on the matter. [11289/20]
View answerI announced my intention to establish an Anti-Racism Committee with a mandate to review and make recommendations on strengthening the Government’s approach to combating racism, building on the actions currently included in the Migrant Integration Strategy and the National Traveller and Roma Inclusion Strategy last year. Professor Caroline Fennell, UCC Professor of Law and Commissioner with the Irish Human Rights and Equality Commission was announced as Chair of the Committee in December 2019.
The specific terms of reference of the new Anti-Racism Committee are as follows:
- To review the current evidence on racial discrimination in Ireland;
- To examine international practice in combating racism;
- To hold stakeholder dialogues to identify the views of wider civil society; members of the public; members of the Oireachtas; the business sector; media and other relevant parties;
- To produce an interim report to Government not more than three months after its first meeting identifying priority issues and a programme of work for the Committee;
- Having regard to the review of evidence, international practice, research commissioned and the outcome of stakeholder dialogues, and taking account of the Durban Declaration and Programme of Action; to provide a draft anti-racism strategy, containing a clear action plan, at the end of one year.
The remaining members of the Committee are being appointed and I understand that the Committee will hold its first meeting this week. In accordance with the Terms of Reference, the Committee will provide a preliminary report to Government no later than three months after the Committee first meets, with a full report due at the end of the first year.
The secretariat to the Committee will be provided by the Department of Justice and Equality.
It should be noted that Ireland has robust equality legislation that protects people from discrimination in the workplace, and in the provision of goods or services and allows them to take civil action.
Another important tool in addressing racism in Ireland is the Migrant Integration Strategy (MIS), which was launched in February 2017 and runs until end-2020. The MIS sets out the Government’s approach to the issue of migrant integration for the period to 2020. Targeting all migrants legally in the State, its 76 actions are delivered by government departments, local authorities, local communities, the business sector, sporting and arts organisations and NGOs across a number of policy areas relevant to the integration of migrants, including employment, education and social inclusion. The Strategy also addresses racism and xenophobia, representing a whole-of-Government approach.
378. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the percentage of public offices displaying information on the way in which to make a complaint of racist behaviour by a member of staff or another customer under Action 67 of the Migrant Integration Strategy 2017–2020; and if he will make a statement on the matter. [11290/20]
View answerThe Government has made a clear commitment to tackle incidents of racial abuse through a number of targeted actions contained in the Migrant Integration Strategy. The Migrant Integration Strategy commits public bodies to take action on employment, education, access to public services, political participation and immigration. It requires all public bodies to mainstream integration issues into their work. It includes specific actions to tackle racism, from requiring local authorities to remove racist graffiti to ensuring there is migrant representation on Joint Policing Committees.
I chair the Strategy Committee, which includes representatives of NGOs and public bodies, and it meets quarterly to monitor implementation of the Strategy and to press for delivery of specific actions. A key theme of the Strategy involves actors from all sectors and the wider community, in “Promoting Intercultural Awareness and Combating Racism and Xenophobia” {Theme 9, Actions 61-71 of the Strategy}
Actions within the Migrant Integration Strategy concentrating specifically on tackling racism and hate crime are:
1. A review of current hate crime legislation with a view to strengthening it, particularly in the area of hate-speech;
2. Tackling the issue of under-reporting of racially motivated crime;
3. Tasking all public sector bodies that engage with local communities to explore ways of bringing minority and host communities closer together; and
4. Ensuring that local authorities play their role through development of local integration strategies, ensuring early removal of racist graffiti, and encouraging migrant groups to participate in Joint Policing Committees.
Actions applicable to all Government Departments under the Strategy include the provision of information to migrants in language-appropriate formats, ongoing intercultural awareness training for all front-line staff, signage in public offices indicating where interpretation is available and clear information on how to make a complaint about racist behaviour by staff or another customer.
Anti-Racism Initiatives are also supported under various Government funding programmes which are implemented by Agencies and community and voluntary sector organisations . Examples include Fingal County Council’s project Promoting Integration and Social Cohesion and Sport Against Racism Ireland, all of which deliver anti-racism programmes for young people with the support of funding from the Department.
Some progress has been made under Action 67 of the Migrant Integration Strategy which requires all public offices will display information on how to make a complaint of racist behaviour by a member of staff or another customer. The Migrant Integration Strategy Progress Report 2019, shows that in the cross-cutting actions survey results, of the 22 Departments/Agencies with Public Offices, four (18%) reported displaying information on how to make a complaint specifically about racist behaviour (the Department of Employment Affairs and Social Protection, Bus Éireann, Fáilte Ireland and the Office of the Revenue Commissioners). My Department will continue to monitor progress on this action through surveying responsible bodies prior to meetings of the monitoring committee.
My Department will shortly be requesting an update of this and other actions from Government Departments and Agencies in preparation for the next meeting of the Migrant Integration Strategy Monitoring and Coordination Committee, which has unfortunately been delayed due to the holding of the General Election in February and the COVID-19 pandemic. All Departments and Agencies will be reminded of their responsibilities under these actions at the next meeting.
The overall mission of my Department is to work to deliver a safe, fair and inclusive Ireland. My Department is also working as a priority to develop new legislation to deal with both hate speech and hate crime. New legislation to introduce specific hate crime legislation and to strengthen the law on incitement to hatred is being progressed. Last October, Minister Flanagan and I launched a public consultation to ensure legislative proposals responded to the real life experience of victims and to seek views. There has been consultations with civil society groups, experts, professional organisations, community groups and members of the public and any new legislation will be informed by the outcomes for these consultations.
The promotion of diversity, integration and inclusion is a vital challenge which faces all modern societies in a time of globalisation. We are committed to developing and nurturing an all-inclusive society in Ireland. Racism and xenophobia are the very antithesis of the equality, integration and inclusion that we are working to support in communities across Ireland. Both Minister Flanagan and I have made clear that all forms of prejudice and intolerance are completely unacceptable. We and the Government as a whole are fully committed to ensuring that Ireland is a safe and secure place for all and that appropriate tools are in place to address prejudice in all forms.
Minister Flanagan and I announced the formation of a new Anti-Racism Committee in June 2019. Professor Caroline Fennell, UCC Professor of Law and Commissioner with the Irish Human Rights and Equality Commission has been appointed chairperson of the committee. The Committee has a mandate to review current evidence and practice and make recommendations to Government on how best to strengthen its approach to tackling racism. It will seek to develop an understanding of the nature and prevalence of racism in Ireland and to work towards achieving a social consensus on actions required, by State and non-State actors. In performing its role, the Committee will engage with stakeholders from a range of sectors.
379. Deputy Cian O'Callaghan asked the Minister for Justice and Equality if he will end direct provision; and if he will make a statement on the matter. [11291/20]
View answerLast year Minister Flanagan and I asked Dr. Catherine Day to bring together an expert group with representation from asylum seekers and NGOs to examine best practice in other European States in the provision of services to international protection applicants, to examine likely longer term trends and to set out recommendations and solutions. The Group is examining both the reception system for accommodating applicants and the system for processing applications, and is expected to make recommendations for changes in both areas. A briefing paper on the work of the group, prepared by the Chairperson to inform programme for government talks, has been circulated to members of both Houses of the Oireachtas.
The Briefing Note includes a list of measures, identified so far, which would immediately improve the situation of those currently in Direct Provision, and on which officials of the Department have been asked to prepare proposals for the incoming Government. The work of the group is advancing at pace and their report is expected by the end of September.
Minister Flanagan and I are happy that this Briefing Note signals far-reaching proposals and we were anxious to ensure that Dr. Day and her Group were free to make any recommendations they deemed appropriate based on an expert analysis.
Last year we also established a high level Interdepartmental Group chaired by a senior official of my Department, to ensure that all Departments are proactively delivering on their responsibilities. The Group is reviewing the management of services for applicants for international protection and considering the short-to-medium term options which could be implemented to improve the system. Its Report has been finalised and is ready to be submitted to a new Government.
The system of Direct Provision refers to the suite of State services and supports that are provided by a range of Government Departments and agencies to persons seeking international protection in the State. It includes provision of medical cards, an exemption from prescription charges, access to education for children, a weekly payment, access to Exceptional Needs Payments, when required, and, of course, ensuring that all basic needs are met, like accommodation and food.
It is important note that significant efforts have been made to reform the system in recent years. Mr. Justice Bryan McMahon, whose report in 2015 has been the basis for introducing improvements to the system, has himself noted that the system has improved considerably compared to what it was five years ago.
Significant improvements made to the system in recent years include access to the services of the Ombudsman and the Ombudsman for Children; agreed National Standards for accommodation providers; the introduction of labour market access; and the continued roll-out of self-catering facilities for residents (now available to more than half of all residents).
The new National Standards contain specific actions to improve the lives of children in accommodation centres. As well as the aforementioned access to the services of the Ombudsman for Children, they are also supported by the Child Protection Policies that we have put in place in the centres. In addition, there is a Tusla official seconded to my Department to work with our International Protection Accommodation Service (IPAS). This ensures that any child protection issues are swiftly followed up and that the process for referrals is as streamlined as possible.
Currently, around 25% of residents (1,974 people) in the Direct Provision system have own door self-catered accommodation. While, at this time, all available accommodation of this type is fully utilised, families are prioritised when this type of accommodation becomes available.
It is to be noted that the Joint Committee on Justice and Equality, in its report on Direct Provision and the International Protection Application Process, published last December, found that there was no clear consensus from the Committee as to what alternatives could or ought to replace the current system. Their Report also acknowledged that any new system of reception and accommodation will need time to ensure the right system is put in place.
Finally, Minister Flanagan and I look forward to the completion of the work of Dr. Day’s expert group and the implementation of major changes, should the incoming Government accept the proposals.
380. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the person or body that has been appointed to the national LGBTI+ inclusion strategy monitoring and implementation committee; the number of times he expects the committee to meet; and if he will make a statement on the matter. [11296/20]
View answerThe Strategy Committee that will oversee implementation of the National LGBTI+ Inclusion Strategy 2019-2021 held its first meeting on 16 June 2020, chaired by Deputy Secretary General Oonagh Buckley of the Department of Justice and Equality. The schedule of meetings was discussed and will be published, along with the Terms of Reference, once finally agreed by the Committee.
While full membership is yet to be confirmed, the following members have been appointed:
Department of Justice and Equality, Oonagh Buckley (Chair)
GOSHH, Patrick McElligott
Gay Project, Michael O'Donnell
TENI, Sara R Phillips
LINC, Kate Moynihan
OutWest, Aurélie Harel
LGBT Ireland, Paula Fagan
BeLonG To Youth Services, Moninne Griffith
HIV Ireland, Stephen O'Hare
AMACH!, Cameron Keighron
National LGBT Federation, Caroline Keane
RTÉ, Zbyszek Zalinski
Dublin LGBTQ Pride, Eddie McGuinness
Outhouse, George Robotham
Gay Health Network, Bill Foley
Outcomers, Bernardine Quinn
Department of Agriculture, Food and the Marine, Padraig McMahon
Department of Rural and Community Development, Bernie Reape
Department of Employment Affairs and Social Protection, David Dillon
Department of Children and Youth Affairs, Eileen Leahy
Department of Finance, Gearóid Browne
Department of Education and Skills, Neville Kenny
Department of Business, Enterprise and Innovation, Gerald Harty
Department of Culture, Heritage and the Gaeltacht, Joan Maher
Department of Transport, Tourism and Sport, Mark Gately
Department of Defence, Caroline Moran
Defence Forces, Commandant Gillian Collins
Department of Justice and Equality LGBT and Staff Network, Neil Ward
IHREC, Jean O’Mahony
IBEC, Meadhbh Costello
ICTU, David Joyce
383. Deputy Cian O'Callaghan asked the Minister for Justice and Equality if the number of deaths in direct provision in the zero to five years age category is tracked; if this information is published or reported; the way in which this number compares to the general population; if there are differences in numbers between direct provision and the general population being addressed; and if he will make a statement on the matter. [11309/20]
View answerAll 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, the International Protection Accommodation Service (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 International Protection Accommodation Service (IPAS) of my Department introduced its Critical Incident Policy on 29 November 2019. The Policy provides that once notified of a death, IPAS will record the incident. The Critical Incident Policy also sets out the guidelines for centre managers on what to do should a death occur in their premises. However, it should be noted that it is the Office of the Coroner who makes the official record of deaths. The IPAS record is only of deaths notified and it is not an official record because this function is held by the General Register Office, which is the central civil repository for records relating to Births, Marriages and Deaths in Ireland.
Sadly, four deaths (all of whom were adults) have been notified to the International Protection Accommodation Service (IPAS) of my Department since the introduction of its Critical Incident Policy in November 2019.
Where a person dies while they are being provided with accommodation by the Department’s International Protection Accommodation Service (IPAS), 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 residents affected by the death are assisted in accessing services that can support them.
