Tuesday, 8 Sep 2020

Written Answers Nos. 890-909

Immigration Policy

Questions (890, 891)

Bernard Durkan

Question:

890. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which renewed efforts are being made to facilitate integration; and if she will make a statement on the matter. [22660/20]

Bernard Durkan

Question:

891. Deputy Bernard J. Durkan asked the Minister for Justice the number and location of integration projects in operation nationwide; and if she will make a statement on the matter. [22661/20]

Written answers

Minister for Justice

I propose to take Questions Nos. 890 and 891 together.

My Department administers a National Funding Programme to Promote the Integration of Migrants, which has 15 projects located throughout Ireland. Grants totalling almost €2 million (€1,987,890) are spread over three years to support the implementation of these projects.

On 11 August 2020, I announced a call for applications under the National Integration Fund 2020, with funding of almost €2.2 million available over a three year period. This is a key element of the Migrant Integration Strategy 2017-2020. The Strategy was developed to enable migrants, or persons of migrant origin, to participate on an equal basis with those of Irish heritage.

The Fund will support communities to promote the integration of migrants and their children into Irish society and selected projects will help to combat racism and xenophobia. The closing date for applications under the Fund is 22 September 2020.

Under the Communities Integration Fund 2019, which has a maximum grant of €5,000 per project, there were 125 successful applications from 25 counties for the €500,000 funding available. Applications for the 2020 Fund are currently being assessed and the results will be known in the coming weeks. The 2020 Fund also has funding of €500,000 available.

The Funds Administration Unit of my Department administers larger grants and those for multi-annual projects using funding from European sources, including the Asylum, Migration and Integration Fund (AMIF) and the European Social Fund (ESF). The 2019 AMIF allocation provided funding of €4,487,919 to 19 projects and the 2019 ESF allocation provided funding of €3,288,498 to 5 projects.

While the locations of these projects could not be compiled within the timeframe available for this response, I am arranging for the information to be forwarded to the Deputy in the coming days.

Covid-19 Pandemic Supports

Questions (892)

Bernard Durkan

Question:

892. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she expects to address issues arising from the Covid-19 crisis through equality measures; and if she will make a statement on the matter. [22669/20]

Written answers

Minister for Justice

Pandemics and other crises can have a serious impact on the most vulnerable in society. Since the beginning of the crisis, the effect of the pandemic has been monitored and addressed through the NPHET vulnerable persons subgroup, including Travellers and Roma and vulnerable migrants. My Department has participated in this group and has provided direct support to initiatives for the Roma community.

My Department is actively monitoring the equality impacts of COVID-19 and has carried out a number of actions in this regard including dedicated meetings of the steering committees of the National Strategy for Women and Girls and the National Traveller and Roma Inclusion Strategy. My Department is also currently undertaking a gender analysis of the impact of COVID-19.

As the equality brief is due to transfer, it will of course be a matter for my colleague, Mr Roderic O'Gorman, T.D., the Minister for Children and Youth Affairs, to bring this matter forward

Visa Applications

Questions (893)

Bernard Durkan

Question:

893. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a visa application in the case of a person (details supplied); and if she will make a statement on the matter. [21116/20]

Written answers

Minister for Justice

I can inform the Deputy that both visa applications have been examined and refused. Refusal letters setting out the reasons for the refusal were issued on 30 January 2019 and 01 December 2019 respectively. An appeal against either decision was not made and the applications are now closed. It is open to the persons concerned to submit a fresh visa application at any time. Should they do so, they should address the reasons for the refusals of these applications.

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service of my Department by e-mail using the Oireachtas mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the e-mail service except in cases where the response from the Immigration Service is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Questions (894)

Bernard Durkan

Question:

894. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to regularise the status of a person (details supplied); and if she will make a statement on the matter. [21118/20]

Written answers

Minister for Justice

For confidentiality reasons, it is not the practice to comment on applications for international protection including whether or not an application has been made. Under Section 26 of the International Protection Act 2015, it is an offence to identify an international protection applicant. The offence is punishable by summary conviction to a Class A fine or a term of imprisonment of 12 months or both.

If applicants or their designated legal advisor are seeking information on the status of their international protection application, they or their designated legal advisor should contact the Customer Service Centre of the International Protection Office (IPO) directly, either by email at [e-mail], by telephone at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

An applicant who has lodged an appeal against an IPO refusal recommendation should contact the International Protection Appeals Tribunal (IPAT) directly. The IPAT operates an email service which can be contacted by individuals with queries regarding their appeal application at: [e-mail].

Individuals who have received a recommendation or decision from the IPO or IPAT and who are now awaiting a Ministerial Decision letter, can avail of the email service operated by the Ministerial Decisions Unit at: [e-mail].

More generally, queries in relation to the status of individual immigration cases may be made directly to the Immigration Service of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Direct Provision System

Questions (895)

Catherine Murphy

Question:

895. Deputy Catherine Murphy asked the Minister for Justice if all outstanding direct provision centre inspection reports will be published on the website of her Department; if her attention has been drawn to instances in which reports dating back to 2018 remain unpublished; and the reason for same. [21125/20]

Written answers

Minister for Justice

Direct Provision centre inspection reports up to mid 2018 were published on a dedicated website www.ria-inspections.gov.ie. Due to technical difficulties with that website, subsequent reports have been published on a separate website www.ria.gov.ie where reports of inspections up to March 2020 are available.

As a result of the health and safety restrictions with respect to the COVID-19 crisis, it has not been possible for the scheduled inspections of our permanent accommodation centres to be carried out since mid March. As soon as the HSE advises that it is appropriate to commence the inspections again, the relevant officials in the Immigration Service will resume the inspection process.

Direct Provision System

Questions (896)

Catherine Connolly

Question:

896. Deputy Catherine Connolly asked the Minister for Justice the number of persons in direct provision; the number of households in direct provision; and if she will make a statement on the matter. [21171/20]

Written answers

Minister for Justice

The State is obliged under domestic and international law to examine the application of anyone who arrives at the State to claim international protection. While we are examining their application, all applicants are offered accommodation and other supports such as healthcare, education for children and a weekly payment for personal expenditure. The provision of accommodation is demand-led, based on the number of applicants arriving to claim international protection and requiring accommodation.

While the HSE advice is that non-family members sharing a room in congregated settings are considered to be a household during the COVID-19 crisis, my Department does not maintain data on the number of such households.

The best available information is that, as of 30 August 2020, there were 7,056 residents being accommodated in Direct Provision centres, of whom 3,804 belong to a family group. These 3,804 residents belong to 1,185 individual family groups.

Legal Aid

Questions (897)

Catherine Connolly

Question:

897. Deputy Catherine Connolly asked the Minister for Justice the estimated additional cost of providing legal aid to victims of domestic and sexual violence; and if she will make a statement on the matter. [21172/20]

Written answers

Minister for Justice

I published the O’Malley review for the Protections for Vulnerable Witnesses in the investigation and Prosecution of Sexual offences on 6 August, which contains a number of recommendations in relation to legal advice for victims of sexual violence. At that time I announced I would develop an implementation plan, working with the NGO sector and stakeholders, and report back to Government with a detailed plan of action within 10 weeks. Work in that regard is well underway and I can inform the Deputy that the Legal Aid Board is participating the process which will include assessment of the costs involved.

In relation to domestic violence it is the case that, since 1 January 2018, a contribution is no longer required of persons granted legal aid in connection with proceedings where the sole remedy sought is an order pursuant to the Domestic Violence Act 1996. The Board also provides legal representation to complainants in rape and certain sexual assault trials where an application is made to adduce evidence on, or cross-examine the complainant in relation to, their prior sexual history.

Pension Provisions

Questions (898)

Michael Lowry

Question:

898. Deputy Michael Lowry asked the Minister for Justice if a gratuity payment to a person (details supplied) will be reviewed; and if she will make a statement on the matter. [21223/20]

Written answers

Minister for Justice

I can confirm that the person in question was granted a Special Ill Health Pension calculated in accordance with the relevant pensions regulations. There is no entitlement to any further pension gratuity payment.

Housing Policy

Questions (899)

Peter Fitzpatrick

Question:

899. Deputy Peter Fitzpatrick asked the Minister for Justice if she will address a matter in relation to the practice of management companies of multi-unit developments charging significant fees to individual owners of units (details supplied); and if she will make a statement on the matter. [21233/20]

Written answers

Minister for Justice

I intend to commence a review of legislation regarding management companies in the coming months.

The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Acts, the members of which are the owners of residential units within the development and which are established for the purposes of ownership and management of the common areas.

The 2011 Act contains provisions relating to such matters as:

- the transfer of common areas to the OMCs (sections 4 and 5)

- the voting rights of members of OMCs (sections 14 and15)

- the provision of annual reports by OMCs to members (section 17)

- arrangements for the holding of annual meetings to approve annual service charges (section 18)

- the establishment of a sinking fund to cover refurbishment outlays (section 19)

- arrangements for the making of House Rules (section 23) and

- the establishment of a court-based dispute resolution process (section 24).

The Act also contains provisions that encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.

Covid-19 Pandemic

Questions (900)

Niamh Smyth

Question:

900. Deputy Niamh Smyth asked the Minister for Justice if she will address the increased dangers arising from cross-Border travel to public houses in Northern Ireland. [21264/20]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible for managing the administration and business of An Garda Síochána including operational matters, and I, as Minister, have no responsibility in the matter. I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. Under Operation Navigation, An Garda Síochána continue to enforce Public Health Regulations in this jurisdiction. I am informed by the Garda authorities that the patrols and checkpoints along the border with Northern Ireland have not revealed any increase in the risks or dangers associated with the movement of people.

An Garda Síochána and the PSNI have established excellent and unprecedented levels of cooperation during the Covid-19 crisis. The Garda Commissioner and PSNI Chief Constable are in regular contact and this ongoing close cooperation interaction has been a key element of policing during these uncertain times.

Fines Data

Questions (901)

John Lahart

Question:

901. Deputy John Lahart asked the Minister for Justice the number of fines issued for the non-wearing of masks on public transport. [21284/20]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda powers in response to the Covid -19 pandemic were provided for under section 31A of the Health Act 1947, as inserted by the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and brought temporarily into effect through subsequent regulations – the Health Act, 1947 (Section 31A – Temporary Restrictions) (Covid-19) Regulations 2020. The regulations were signed by the then Minister for Health, following consultation with my predecessor as Minister for Justice and Equality, Mr Charlie Flanagan TD, as well as the then Minister for Finance and for Public Expenditure and Reform.

On foot of this, the Garda Commissioner and his senior team have implemented a carefully graduated policing response, based on its strong tradition of policing by consent. Garda members engage, explain and encourage members of the public to comply and, only as a last resort, make use of their enforcement powers under these regulations.

With regard to the figures requested by the Deputy, I am informed by the Garda authorities that An Garda Síochána has consulted the Director of Public Prosecutions in relation to one incident. In addition, An Garda Síochána is currently preparing a file for the DPP in relation to a second incident. I am advised that these figures are correct as of 3 September 2020.

I am advised that no proceedings have been commenced and no fines have issued to date.

In order to ensure that the policing of these public health restrictions is carried out in an appropriate, proportionate and human rights compliant manner, the Policing Authority have been requested to review the policing performance of an Garda Síochána and to provide reports to myself as Minister. These reports are published on my Department's website.

Immigrant Investor Programme

Questions (902)

Matt Shanahan

Question:

902. Deputy Matt Shanahan asked the Minister for Justice the reason for the refusal of an application by investors (details supplied) under the immigrant investor programme; and if she will make a statement on the matter. [21320/20]

Written answers

Minister for Justice

The Immigrant Investor Programme (IIP) provides non-EEA nationals with a number of options to invest in Ireland. Successful applicants are granted a permission to reside in Ireland for a fixed period.

Applications are assessed by an Evaluation Committee, composed of senior civil and public servants from relevant Government Departments and State Agencies involved in enterprise development in Ireland. Applications are assessed on the basis of the profile of the applicant, the commercial viability of the project, employment outcomes associated with the proposed investment and the overall benefit to the Irish State. Where necessary, the Evaluation Committee will request policy input from the Lead Department if that Department is not already represented on the Committee, for example, input from the Department of Housing, Planning and Local Government on Social Housing projects.

The Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the individual application will be submitted to me for final approval. The current structure ensures that I, as Minister, can benefit from expertise beyond that available in my own Department.

The IIP is focused on supporting projects that are investment ready projects. A criteria for establishing same is that planning permission has been granted. With regard to the project referred to by the Deputy, at the time that the application was being considered planning permission for the development had not been granted. The Evaluation Committee would not consider it appropriate for IIP permissions to be granted to projects where planning permission has not been approved.

My Department understands that planning permission has now been obtained. It is open to the applicants to submit a fresh application if they so wish. However, it would be preferable that before any further applications are submitted, the Project Sponsors engage directly in a meaningful manner with the relevant lead Department to ensure that any concerns are addressed appropriately in advance of the submission of a new application.

Ministerial Correspondence

Questions (903)

Niall Collins

Question:

903. Deputy Niall Collins asked the Minister for Justice if she will address issues raised in correspondence (details supplied); and if she will make a statement on the matter. [21374/20]

Written answers

Minister for Justice

I wish to advise the Deputy that the Department is reviewing the matters raised in the correspondence and will communicate directly with the individual in question.

Substance Misuse

Questions (904)

Emer Higgins

Question:

904. Deputy Emer Higgins asked the Minister for Justice the policy in relation to the prevention of the online sale of psychoactive substances in cases in which it is clear from customer comments on the website that the substance is being acquired for human consumption; and if she will make a statement on the matter. [21425/20]

Written answers

Minister for Justice

I am aware of the issues raised by the Deputy in connection with the online sale of psychoactive substances as well as the potential negative health implications on the unintended and unrestricted uses of these products. Indeed, I understand that the Health Products Regulatory Authority (HPRA) has recently issued an advisory in connection to the emerging trend in the usage of cream whipper cartridges containing nitrous oxide.

It should be noted that while the circumstances of particular cases connected with a product's supply and usage might come within the terms of the Criminal Justice (Psychoactive Substances) Act 2010, enforcement and prevention strategies are operational matters for An Garda Síochána and it would not be appropriate for me to intervene or comment on them.

I have been assured by the Garda authorities that they are taking all possible steps to address this issue. An Garda Síochána is aware that nitrous oxide has recently been raised by the Health Service Executive (HSE) as an emerging issue which has warned young people regarding the danger of using the substance. An Garda Síochána is aware of potential health issues that arise as a consequence of use of nitrous oxide, however, it should be noted that it is not a controlled substance under the Misuse of Drugs Acts.

An Garda Síochána, through the Garda National Drugs & Organised Crime Bureau (GNDOCB), interacts with the HSE and other relevant stakeholders, including the HPRA, where it observes particular trends in drug use that may require intervention on the part of the Department of Health or other relevant Department and/or State agency. In this regard, the GNDOCB is communicating with relevant state bodies relating to the possession and use by particular persons of nitrous oxide.

Substance Misuse

Questions (905)

Maurice Quinlivan

Question:

905. Deputy Maurice Quinlivan asked the Minister for Justice the length of time it takes for suspected drugs seized by An Garda Síochána to be analysed at Forensic Science Ireland; and if she will make a statement on the matter. [21448/20]

Written answers

Minister for Justice

Forensic Science Ireland(FSI) is an associated office of the Department of Justice and Equality and provides comprehensive scientific analysis, independent expert opinion, advice and training to support the Irish Criminal Justice system. FSI analyses submissions from a wide variety of cases including murders, significant drug seizures, aggravated assaults, suspected explosive devices and sexual assaults, and represents findings as expert witnesses in court.

As with Forensic Institutes in other jurisdictions, case submissions have increased in FSI over several years. Between 2017 and 2019 case submissions into FSI increased by 23% overall with drugs and toxicology cases increasing by 17%. This has been followed by further significant increases in 2020. While the overall increase in drugs submissions for 2020 year-to-date is 24% compared to last year, the increase in Section 15, 15A and 17 offences (relating to sale, supply or cultivation of controlled substances) is 37% for the same period. Urgent drug submissions, requiring no longer than 24-hour response (e.g. where suspects are in custody), have increased by more than 52% over the same period last year.

To manage this demand, FSI and An Garda Síochána have established an agreed prioritisation system for forensic work and this is represented in a comprehensive Service Level Agreement. This calls on FSI to focus on the most important cases and prioritise resources accordingly. This practice is common across forensic organisations in Europe. Within this agreement the need for prioritising analysis in more serious drug offenses, including section 15A (possession with intent to supply) and section 17 (cultivation) cases is clearly called out. Cases are prioritised on the basis of when the court date for the drugs offence is scheduled. For urgent cases a verbal report can be delivered within 24 hours.

Turnaround time statistics for 2020 are tabulated for January/February and from March onwards below. This is because specific operational measures had to be implemented within FSI in response to the Covid-19 pandemic. While the Service Level Agreement includes specific targets for Section 15A and Section 17 offences only, overall turnaround time is also presented for completion. It should also be noted that the turnaround time for urgent cases (e.g. where suspects are in custody) has been 100% within 24 hours throughout the year.

Turnaround Times – Reported Jan - 26 Feb	Target	Actual	Average Turnaround Time
Drugs – Current Overall	80% within 90 days	61% within 90 days	78 days
Section 15A	98% < 42 days	78% < 42 days	29 days
Section 17	98% < 42 days	36% < 42 days	56 days

Turnaround Times – Reported 16 March – 25 August 2020	Target	Actual	Average Turnaround Time
Drugs – Current Overall	>80% within 90 days	48% within 90 days	100 days
Section 15A	98% < 42 days	47% < 42 days	52 days
Section 17	98% < 42 days	76% < 42 days	34 days

Since mid-March 2020, FSI implemented changes to work patterns and work practices. Based on the HSE guidelines, FSI can have no more than approximately 50% of staff in the laboratory at any given time. To support this requirement for physical distancing in the workplace, FSI implemented new work patterns and extended lab opening hours at night-time and weekends, significantly reducing the number of people in the lab at any time. FSI have also implemented remote working practices for report writing and peer review such that the time in the laboratory is optimised.

As the Deputy may be aware, FSI’s new facility in Backweston is under construction and is scheduled for completion in June 2022. This new facility supports the long-term workforce plan of FSI to grow capacity and to continue to improve the services it provides.

Substance Misuse

Questions (906)

Emer Higgins

Question:

906. Deputy Emer Higgins asked the Minister for Justice the legislation that prohibits the sale of alcohol online; the way in which legislation could be extended to prohibit the sale of psychoactive substances online; and if she will make a statement on the matter. [21455/20]

Written answers

Minister for Justice

The position regarding online sales of alcohol is that where alcohol is purchased online and delivered, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons. There is no dedicated licence for online sales of intoxicating liquor but licensees of licensed premises may engage in on-line sales subject to certain restrictive conditions e.g. advance purchase and payment.

Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. The penalty on conviction is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence.

Section 31 of the Intoxicating Liquor Act 1988, as amended, makes provision for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission. On conviction for a first offence, a mandatory closure order of between two and seven days will be imposed by the court, together with a fine of up to €3,000. The penalties for a second or subsequent offence is a closure order of between seven and 30 days and a fine of up to €5,000. In addition, the licence holder is required to continue to pay staff for the duration of the closure period.

In relation to the sale of psychoactive substances online, An Garda Síochána, through the Garda National Drugs & Organised Crime Bureau (GNDOCB), interacts with the HSE and other relevant stakeholders, including the HPRA, where it observes particular trends in drug use that may require intervention on the part of the Department of Health or other relevant Department and/or State agency. In this regard, the GNDOCB is communicating with relevant state bodies relating to the possession and use by particular persons of psychoactive substances.

It should be noted that while the circumstances of particular cases that come within the terms of the Criminal Justice (Psychoactive Substances) Act 2010, enforcement and prevention strategies are operational matters for An Garda Síochána.

Question No. 907 answered with Question No. 886.

Garda Promotions

Questions (908)

John McGuinness

Question:

908. Deputy John McGuinness asked the Minister for Justice further to Parliamentary Question No. 297 of 16 October 2018, if issues raised in correspondence (details supplied) will be addressed; and if she will make a statement on the matter. [21514/20]

Written answers

Minister for Justice

Parliamentary Question 297 of 16 October 2018 refers to candidates that failed to progress in the previous two Garda to Sergeant competitions, who sought to have the decision reviewed or appealed; and the number of these decisions overturned on review.

I can confirm that a substantive response to Parliamentary Question 297 of 16 October 2018 was issued on 21 December 2018. A copy is attached for convenience.

Prison Investigations

Questions (909)

Eoin Ó Broin

Question:

909. Deputy Eoin Ó Broin asked the Minister for Justice her views on whether it is appropriate for a prison (details supplied) to investigate an incident of complaint in cases in which an investigation has been conducted and a decision has already been provided by the Irish Prison Service. [21524/20]

Written answers

Minister for Justice

I am advised by my officials in the Irish Prison Service that the complaint referred to by the Deputy was made by a prisoner under Rule 57(b) of the Prison Rules 2007.

The complaint was investigated by an external Serious Complaints Investigator and the investigation report was provided to the Governor for his findings and decision.

In accordance with Rule 57B (6) an investigation carried out on foot of a Prisoner Complaint does not constrain a Governor from initiating another investigation under the Prison (Disciplinary Code For Officers) Rules, 1996.