Written Answers Nos. 910-929
910. Deputy Joe O'Brien asked the Minister for Justice further to Parliamentary Question No. 640 of 7 July 2020, the timeline for the commencement of virtual citizenship ceremonies in view of the recent completion of a successful trial of same; and if she will make a statement on the matter. [21558/20]
View answerThe pilot virtual Citizenship Ceremony that took place on 10 July 2020, involved 21 applicants. As I indicated at that time, a review was underway and consideration of that review is now in its final stages.
As I have said previously, a critical consideration is the protection of the welfare and safety of the participants and the general public. It is also essential that any arrangements put in place ensure that the event is held with an appropriate degree of dignity and solemnity, as befits an event of such importance in the lives of our newest citizens. At this same time, it is not desirable for extended delays to become a feature of the system, while having regard to the practical aspects of the citizenship process. As a consequence, a critical aspect of the review concerns the ability to provide a scalable solution. The ceremony model will need to be able to meet the requirements of applicants and my Department for an as yet indeterminate period of time. My intention is to make a decision as to how to proceed shortly.
It remains my intention that large scale ceremonies will recommence once circumstances allow.
913. Deputy John McGuinness asked the Minister for Justice the number of juvenile antisocial behaviour orders issued in 2018, 2019 and to date in 2020 under Part 13 of the Criminal Justice Act 2010. [21580/20]
View answerIn setting up the ASBO regime back in 2007, the interventions of warnings, good behaviour contracts and referrals to the Juvenile Diversion Programme were intended to address problem behaviour. The rationale was that if they succeeded, there would be no need to apply to the courts for an order. It was only if they failed to lead to a behaviour adjustment by the person in question that a court order would then be applied for.
It is widely acknowledged the use of ASBOs is only suitable in certain circumstances and indeed it is only one crime prevention option open to An Garda Síochána in tackling this type of crime.
I am informed by the Garda authorities that the table below outlines the number of Behaviour Warnings recorded in 2018, 2019 and up to and including 18 August 2020.
|
Type |
2018 |
2019 |
2020** |
|
Behaviour Warnings (Children) (I.S) |
128 |
105 |
73 |
|
Good Behaviour Contract (I.S) |
* |
* |
* |
|
Behaviour Orders (Children) (I.S) |
* |
13 |
* |
* Figures below 10
** Up to and including 18 August 2020
914. Deputy Niall Collins asked the Minister for Justice if an organisation (details supplied) will be advised and assisted in relation to Garda vetting; and if she will make a statement on the matter. [21582/20]
View answerAs you are aware, the National Vetting Bureau conducts vetting in accordance with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016. Vetting is an operational matter for the Garda authorities and neither I, as Minister, nor the Department of Justice and Equality have a role in these matters.
I am advised by the Garda authorities that records at the Garda National Vetting Bureau (GNVB) indicate that correspondence was received from the organisation in question on 13 February 2018 enquiring about registration with the Garda National Vetting Bureau for vetting services.
The GNVB replied to this enquiry on 13/2/2018, detailing the process for making an Application for Registration and enclosed an Application form for Registration with the GNVB. GNVB Records indicate that the GNVB have not received a reply to the correspondence of the 13/02/2018.
This being the case, I am informed that no determination has been made by the GNVB regarding the registration of the organisation in question.
915. Deputy Paul McAuliffe asked the Minister for Justice her plans for the Legal Aid Board in Finglas, Dublin 11; and if she will make a statement on the matter. [21596/20]
View answerThe 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 private solicitors from its private practitioner panels. The Legal Aid Board provides independent legal assistance to its clients subject to the required standards of client privilege and confidentiality. Section 3(3) of the Civil Legal Aid Act 1995 provides that the Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and I am informed that the Board has recently found it necessary to vacate its existing premises in Finglas, Dublin 11, due to various health and safety issues. The staff of the office have been temporarily re-located to a Board office in Dublin City Centre. I am also informed that the Finglas Law Centre remains intact as an office within the Legal Aid Board management structure. The Board is contacting all clients of Finglas Law Centre in writing to advise that there is no change to the solicitor dealing with their particular case, and providing new contact details for the Law Centre.
I am further informed by the Legal Aid Board that it is committed to maintaining an office in the area of north Dublin city. The Legal Aid Board has for some time sought an alternative premises in the vicinity of Finglas and nearby areas that is suited to the needs of its clients and its staff. These efforts are continuing and I am assured by the Board that the law centre, and its staff, will return to north Dublin at the earliest possible opportunity when an appropriate premises has been obtained and fitted out.
The Board is currently engaged with another public body with offices in north Dublin with a view to Legal Aid Board staff providing a temporary clinic from those offices at specific times, until the new law centre office is opened. The Board hopes to finalise these arrangements shortly.
916. Deputy Pa Daly asked the Minister for Justice if her attention has been drawn to the findings in the recent Public Service Performance report (details supplied); and if she will make a statement on the matter. [21602/20]
View answerIn 2016, the Department of Justice and Equality established an Open Call for proposals under the European Social Fund’s (ESF) Programme for Employability, Inclusion and Learning (PEIL). Activity 2.9 of that programme relates to the combating all forms of discrimination and promoting equal opportunities. The specific aim of this activity was to develop and deliver one or more training models that would offer self-developmental training in employment related skills on a part time basis to women who were detached from the labour market and who were interested in entering/re-entering employment.
A total budget of €11m was allocated to the activity which funded two strands of projects:-
1. Women Returning to the Workforce, which was aimed at supporting women who were inactive, in their ambition to return to the workforce, and
2. Women’s Entrepreneurship, aimed at supporting women who were interested in starting or developing their own business.
Under the ESF PEIL programme projects are fully funded by the exchequer but 50% of the expenditure may be recouped from the ESF. In addition the funding had set targets for participation between the start of the funding programme up to 2020.
The target for the number of participants under this ESF activity was 2,749.
Projects supported under both funding streams were intended to run for three years, from 2017 to 2020, and the outcomes to date are outlined in the following table:
|
Stream: |
Women returning to the Workforce |
Woman Entrepreneurship |
|
No. of Projects supported |
14 |
4 |
|
Total Funding |
€4,045,869 |
€1,169,012 |
|
Participants |
Started/Participated* |
Started/Participated* |
|
20 17 |
876/876 |
143/143 |
|
2018 |
896/1591 |
106/232 |
|
2019 |
652/1387 |
40/174 |
|
Number of Participants progressing into employment 6 months after leaving |
541 |
78 |
* Participated refers to people who were active on a project in that year.
As projects report on a quarterly or half yearly basis some figures were updated following compilation of the report and therefore there is an increased figure for 2019. While this didn’t reach the expected target set out in the report it is expected that the overall results will exceed the targets set by the ESF Managing Authority and the EU.
These projects give effect to Actions 1.7 and 1.29 of the National Strategy for Women and Girls 2017-2020 which aim to increase access to training opportunities for women and to increase the numbers of women engaged in entrepreneurship. An evaluation of the Strategy is planned on its conclusion.
917. Deputy Pa Daly asked the Minister for Justice if her attention has been drawn to the fact that the deadline for the implementation of the EU fifth Anti-Money Laundering Directive was 10 January 2020; her plans to transpose the directive into law here; and if she will make a statement on the matter. [21603/20]
View answerOn 30 May 2018, the European Parliament adopted Directive EU 2018/849, known as the Fifth EU Anti-Money Laundering Directive (5AMLD).
With regard to digital, virtual and cryptocurrencies, the Directive applies to providers of certain services relating to virtual currencies. 5AMLD defines virtual assets as “a digital representation of value that is neither issued by a central bank or a public authority, nor necessarily attached to a fiat currency, but is accepted by natural or legal persons as a means of payment and can be transferred, stored or traded electronically.”
As such, the EU 5AMLD supervision requirements extend only to two activities, namely:
1. providers of exchange services between virtual assets and fiat currencies; and
2. custodian wallet providers.
Accordingly, the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2019, which I expect will publish shortly, provides for the addition of “providers engaged in exchange services between virtual currencies and fiat currencies” and “custodian wallet providers” to the category of “designated persons”.
Designated persons are those who have obligations in regard to anti-money laundering and countering the financing of terrorism. It is proposed that the Central Bank of Ireland shall serve as the competent authority for these specific designated persons once those provisions take effect.
Government approval has also been secured to bring forward amendments to the Bill, to suitably strengthen and extend the Central Bank's ability to supervise these entities and activities. These provisions will provide for the necessary registration and fitness and probity regime, required by 5AMLD for virtual asset service providers. It is also proposed to future proof our approach, by introducing amendments, to the published Bill, that will address our obligations as a member of the Financial Actions Task Force (FATF), which is the international organisation that sets global standards for AML/CFT. The FATF Standards go further than 5AMLD, in requiring supervision for five separate activities, including the two mentioned above.
Work is ongoing with the Office of the Attorney General in this regard.
918. Deputy Pa Daly asked the Minister for Justice if the terms of reference for the review of Part 4 of the Criminal Law (Sexual Offences) Act 2017 include the effect of increasing penalties and enforcement of the offence of brothel keeping from section 11 of the Criminal Law (Sexual Offences) Act 1993 (as amended); and if she will make a statement on the matter. [21604/20]
View answerSection 27 of The Criminal Law (Sexual Offences) Act 2017 provided for a review of Part 4 of the Act 3 years after it was commenced and in July of this year I commissioned an Independent Expert, Ms Maura Butler, to undertake this review.
Part 4 of the Sexual Offences Act 2017 introduced two new offences - paying for sexual activity with a prostitute and paying for sexual activity with a trafficked person. It also removed those who offer their services as a prostitute from the existing offences of soliciting for the purpose of prostitution and increased the penalty provided for in section 11 of the Criminal Law (Sexual Offences) Act 1993 for brothel keeping. One of the purposes of these measures was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking. These measures allow persons working in prostitution to provide information to the Gardaí on, for example, violence towards them by clients, without risking prosecution for selling sexual services.
Given the intent of the legislation to protect vulnerable persons, the review will include an assessment of the impact of the operation of Part 4 of the Act on the safety and well-being of persons who engage in sexual activity for payment. It will also consider whether further measures are needed to strengthen protection for persons who engage in sexual activity for payment.
As part of the terms of reference, and among other things, the review will quantify the number of arrests and convictions in respect of offences under Part 4 since its commencement and will assess the extent to which the objectives of the Act have been achieved. The Deputy can review the full terms of reference at www.justice.ie/en/JELR/Terms_of_Reference_-_S7a_ReviewCJ(SO)Act_2017.pdf/Files/Terms_of_Reference_-_S7a_ReviewCJ(SO)Act_2017.pdf.
The review is being undertaken in consultation with An Garda Síochána, other relevant statutory agencies and civil society organisations working with persons engaged in prostitution and with victims of human trafficking. The participation and inclusion of people who are engaged in prostitution and of people who have been victims of human trafficking are being sought. As part of the review the general public have been invited to complete a questionnaire and individuals and stakeholders are invited to make written submissions up to the 11 September - but I understand that late submissions will be accepted. Details of how to access the survey and of where to send submissions can be found on my Departments website at www.justice.ie/en/JELR/Pages/Review_of_the_Operation_of_Part_4_of_the_Criminal_Law_(Sexual_Offences)_Act_2017.
Once the review has been completed I will lay the Independent Expert’s report before each House of the Oireachtas and I will examine any recommendations that require further consideration.
919. Deputy Pa Daly asked the Minister for Justice if external bodies or companies have been engaged with regard to the social media evaluation reports being prepared by the transparency unit of her Department; the amounts paid in consultancy or training fees in relation to the activity; and if she will make a statement on the matter. [21605/20]
View answer920. Deputy Pa Daly asked the Minister for Justice if the data protection implications of the social media evaluation reports being prepared by the transparency unit of her Department have been evaluated; and if she will make a statement on the matter. [21606/20]
View answerI propose to take Questions Nos. 919 and 920 together.
As the Deputy will appreciate, the spread of Covid-19 is unprecedented in almost every aspect for every sector, both private and public, and this includes communications.
A key objective of Government throughout the Covid-19 pandemic has been to be able to provide regular updates in uncertain times to the public.
As part of my Department’s initial response to the Covid-19 pandemic, my officials implemented social media listening as part of their communications duties, to ensure that the Department could react effectively to issues as they arose in relation to services being provided across the Justice Sector.
To do this my officials followed “hashtags” and keywords that related to An Garda Síochána, prisons, family law, domestic violence, stillhere.ie, family courts, immigration, asylum, and direct provision. This work meant the Department was in a position to respond earlier to issues that were arising online, when most of its workforce was working remotely.
It also enabled my Department to respond to, or investigate issues, that were being raised on social media platforms that were not being raised directly with the Department, its service providers, or through the various helplines or supports put in place for various agencies. Understanding the conversations that were happening online also assisted my Department in responding to queries raised by national and regional journalists on behalf of the public. This initial response to the pandemic is not now required and has been discontinued.
With regard to the Deputy's question regarding data protection, I would like to assure the Deputy that my Department takes its obligations with regard to data protection very seriously, and that this was taken into account as part of this recent work preparing social media evaluation reports. I also wish to advise the Deputy that my Department has not engaged any external bodies or companies as part of the social media evaluation reports being prepared.
921. Deputy Pa Daly asked the Minister for Justice the preparatory work been carried out by her Department in relation to the national standards for accommodation offered to persons in the protection process; the preliminary assessments of centres that have been carried out; and if she will make a statement on the matter. [21607/20]
View answer922. Deputy Pa Daly asked the Minister for Justice if the national standards on accommodation offered to persons in the protection process apply to existing provider contracts made before January 2021; and if not, if they will be a legal requirement only for new or renewed contracts after that time. [21608/20]
View answerI propose to take Questions Nos. 921 and 922 together.
In August 2019, the new National Standards for accommodation centres were published. These Standards were developed through an Advisory Group including representatives from UNHCR Ireland and the NGO sector.
The Standards will come into force in January 2021, and will address a broad range of themes including accommodation; food and catering; individual, community and family life; health and wellbeing; governance; and meeting the special reception needs of applicants. These reforms build on the work already done in the McMahon Report (2015) and meet the requirements of the EU (recast) Reception Conditions Directive (Directive 2013/33/EU), which we voluntarily opted into in June 2018.
The Standards will be legally binding and subject to monitoring by January 2021. In the interim, contractors will be expected to carry out any mobilisation works required to meet the Standards.
The on-going public procurement process for accommodation was also designed to ensure that all centres will adhere to the National Standards. Any tender for the provision of accommodation centre services must demonstrate that it will meet the requirements of the Standards. This requirement applies to the provision of new centres and to any renewal of a contract with a current provider.
Responsibility for the accommodation of international protection applicants and the implementation of the National Standards for accommodation will shortly transfer to my colleague, the Minister for Children, Disability, Equality and Integration. Minister O'Gorman will progress these matters accordingly, once the Transfer of Functions is completed.
923. Deputy Neasa Hourigan asked the Minister for Justice her plans to prevent and detect the importation and sale of illegal fireworks; and if she will make a statement on the matter. [21614/20]
View answerThe Deputy may be aware that fireworks are classified into four separate categories, depending on their level of hazard and whether they require specialist knowledge for use. Category F1 is the least hazardous category and covers party poppers and sparklers, while Category F4 represents the most hazardous.
In the interests of safety and security, it is Government policy to restrict the availability of the more hazardous fireworks to the general public - including categories F2, F3 and F4. A licence is required to import fireworks in any of these categories. Licences under the Explosives Act are issued by my Department only for the importation of fireworks which are to be used in organised displays conducted by professional and competent operators.
Every year, as we approach Halloween, my Department runs an awareness campaign aimed at ensuring the public knows about the legislation governing the importation and use of fireworks. We highlight the fact that the importation and use of fireworks without a licence is illegal and inform the public of the severe penalties that can attach to firework related offences.
An example of the penalties faced include a fine of up to €10,000 and up to five years imprisonment if convicted of having fireworks in your possession with intent to sell or supply. Igniting fireworks or throwing an ignited firework at a person or property is also liable to the same severe penalty. These penalties illustrate how seriously such offences are taken.
As well as this awareness raising work undertaken by my Department in the run up to Halloween, additional efforts are made by An Garda Síochána at this time of year to combat the illegal importation, sale and use of fireworks, known as Operation Tombola. The Garda Commissioner informs me that under Operation Tombola each District prepares an Operational Plan to tackle the sale of fireworks including through:
- Combating the importation, sale and distribution of illegal fireworks, through intelligence led operations, visits to local car boot sales, searches and seizures of fireworks.
- Liaising with local authorities and Fire Services regarding the provision of official, supervised bonfire sites, the policing of these, and the identification and removal of stockpiled bonfire material and abandoned vehicles from other locations.
- Promoting awareness of the danger associated with the improper use of fireworks and unsupervised bonfires through the use of the media, social media, school visits and information leaflet distribution by members and the Crime Prevention Officer.
- High visibility policing of the Halloween night celebrations, i.e. beat, bike and mobile patrols, thus preventing damage to property, injury, trauma for the vulnerable and the elderly, and general loutish behaviour.
- Utilising the Divisional Public Order Unit on Halloween Night.
Operation Tombola also focuses on preventing associated public disorder and anti-social behaviour through the incremental deployment of resources, including Garda Public Order Units to augment local plans as appropriate.
It may also interest the Deputy to know that on the evening of 4 September 2020, as part of ongoing operations, Gardaí from the Mallow District Drugs Unit, assisted by Gardaí from Mallow and the Southern Region Dog Unit executed two search warrants at houses in Mallow town. During the course of the first search Gardaí seized a number of items, including 490 fireworks.
924. Deputy Mark Ward asked the Minister for Justice if provisions have been or are being made to provide PPE for persons in direct provision; and if she will make a statement on the matter. [21618/20]
View answerAll accommodation centres are carefully following the guidelines for our centres that have been published by the HSE’s Health Protection Surveillance Centre, which can be found on its website www.hpsc.ie. That guidance exists precisely because it is recognised that congregated settings such as Direct Provision centres present specific challenges in this pandemic. During this time, centre managers have also been advised to increase the standard and frequency of cleaning throughout the centres, paying particular attention to communal areas.
The Department of Justice and Equality supplies a regular supply of hand sanitiser for centres as well as facemasks for residents and staff and is distributed to centres, as required. Other Personal Protective Equipment (PPE) is distributed, as needed, and in line with the HPSC guidelines for its appropriate use in residential settings.
925. Deputy Michael Ring asked the Minister for Justice when correspondence will issue to a person (detail supplied) in regard to their refugee declaration in view of the fact that they were granted refugee status by the Appeals Tribunal on 11 November 2019; and if she will make a statement on the matter. [21629/20]
View answerFor reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for asylum or subsidiary protection has been made in the State.
An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.
However, I can inform the Deputy that an applicant for international protection is awarded international protection, whether refugee status or subsidiary protection status, upon a declaration of status being issued from my Department. This is done on foot of a grant recommendation from the International Protection Office (IPO) or a decision of the International Protection Appeals Tribunal (IPAT) to set aside a refusal recommendation of the IPO.
My Department processes the recommendations received from the International Protection Office and the decisions of the International Protection Appeals Tribunal in chronological order based on the date the file is received in that Unit. Once the necessary due diligence has been carried out by the Ministerial Decisions Unit, a declaration of status will issue as soon as possible.
An applicant for such protection status, or their legal representative, should contact the Ministerial Decisions Unit which operates an email service for responding to queries - mduinfo@justice.ie.
926. Deputy Richard O'Donoghue asked the Minister for Justice the status of the programme that would allow undocumented migrants to apply to regularise their status; her plans to roll out same; and if she will make a statement on the matter. [21630/20]
View answer927. Deputy Niall Collins asked the Minister for Justice her plans to regularise undocumented persons living here; and if she will make a statement on the matter. [21642/20]
View answerI propose to take Questions Nos. 926 and 927 together.
The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments. Ireland along with other Member States of the EU, has committed, under the European Pact on Immigration and Asylum (2008), to a case-by-case approach as opposed to mass regularisation.
A policy paper on the matter is being drafted by my Department at the present time. This will include an assessment of international best practices.
In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. I would encourage any person who is resident in the State without permission to contact my Department or their local immigration office and to take all appropriate steps to regularise their own and their family's status. The Immigration Service Delivery (ISD) function of my Department examines each case of an undocumented or illegal person in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their position in the State. Each case is considered on its individual merits.
I want to reiterate that my Department does not actively seek information from other Government Departments or Agencies relating to the immigration status of people with whom such other Departments or Agencies are dealing. Therefore, there is no reason for any undocumented migrant to fear accessing health care, social supports or assistance from An Garda Síochána at any time and especially during the COVID-19 crisis.
929. Deputy Bernard J. Durkan asked the Minister for Justice if a review will be undertaken of the decision to affirm deportation in the case of a person (details supplied); and if she will make a statement on the matter. [21801/20]
View answerThe person concerned is the subject of a Deportation Order, signed on 24 February 2020, requiring him to remove himself from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau (GNIB).
It is open to the person concerned to submit representations in writing under Section 3(11) of the Immigration Act 1999 (as amended), to have the Deportation Order revoked. A request seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the original decision to deport was made. Any such request submitted would be considered on its merits, having due regard to all refoulement issues. Requests for revocations should be sent directly to: Repatriation Unit, Immigration Service Delivery, 13/14 Burgh Quay, Dublin 2 DO2 XK70.
Requests for the revocation of the Deportation Order are non-suspensive of the Deportation Order made in respect of the applicant and as such, if such a request is submitted, the person concerned is still required to present to the Garda National Immigration Bureau. A decision in the case would be either to affirm or to revoke the existing Deportation Order. In the meantime, the Deportation Order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service Delivery (ISD) function 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.
