Written Answers Nos. 950-969
951. Deputy Niamh Smyth asked the Minister for Justice the status of the consideration of the report of the Oireachtas Joint Committee on Justice and Equality entitled, Report on Reform of the Family Law System. [22135/20]
View answerThe Report of the Joint Oireachtas Committee of the Reform of Family Law System which was published towards the end of last year made almost 40 recommendations across the area of family justice.
As the Deputy will appreciate, the recommendations are extensive and merit a considered and careful response.
One of the key recommendations of the committee is the establishment of a dedicated and integrated family court within existing court structures. In that context, I would draw the Deputy’s attention to the fact that enactment of legislation on the establishment of a family court is a commitment in the Programme for Government and my Department is currently preparing the general scheme of a Family Court Bill which I will be bringing to Government for approval to draft shortly. The proposals in this scheme are a result of a broad consideration as to the best means of providing access to various family law mechanisms available to those families involved in private family law cases.
A Family Justice Oversight Group has recently been established within my Department which, in addition to departmental officials, includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children and Youth Affairs. Consideration of the recommendations contained in the committee’s report will be integrated into the work of that group.
952. Deputy Jim O'Callaghan asked the Minister for Justice the rules governing the transfer of a prisoner to an open prison; and the percentage of a sentence a prisoner must serve before becoming eligible for transfer to an open prison. [22138/20]
View answerThe Deputy will wish to be aware that a full range of factors are considered when assessing a prisoner’s suitability for transfer to an Open Centre and that these factors are clearly outlined in the Irish Prison Service Open Centre Policy.
I understand that a copy of the policy document is available on the website of the Irish Prison Service.
The aim of this policy document is to set out the Irish Prison Service policy on the use of Open Centres for the purpose of sentence management of prisoners.
The purpose of the policy is to provide clarity in relation to the criteria for use when deciding on applications for transfer to open centres and applications for temporary release when a prisoner has transferred.
While there is no set criteria that a certain percentage of a sentence served must be reached prior to a prisoner’s transfer, I am advised by the Irish Prison Service that all such considerations for transfer are based on the facts of the individual case to be considered and include factors such as nature of offence, length of sentence, length of sentence remaining etc.
954. Deputy Brendan Griffin asked the Minister for Justice when an application for probate regarding a person (details supplied) will be completed; and if she will make a statement on the matter. [22260/20]
View answerThe Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that while it does not comment on individual cases, the normal processing time in Tralee Court Office is approximately 6 weeks. This is dependent on the documents lodged by the solicitor being in order. If they are not in order, then they will be returned for amendment and this will add to the processing time.
955. Deputy Joe McHugh asked the Minister for Justice her plans for establishments that are currently applying for dance hall licences and that are paying substantial fees to run dances when dances are not going ahead; and if she will make a statement on the matter. [22272/20]
View answerThe Government announced a further €16m support package on Friday 31 August to help pubs, bars and nightclubs and other holders of liquor licences in recognition of the economic impact of Covid-19 on their businesses and to assist planning and adaptation for their re-opening. These measures include:
- Restart Grant Plus 40% Top Up: Those businesses remaining closed and planning their re-opening can now receive a minimum of €5,600 and a maximum of €35,000 under the Restart Grant Plus. This can be used to help with additional expense and adaptations associated with re-opening when the time comes.
- Waiver of court fees and associated excise and stamp duties relating to the renewal of pub licences, the granting of public dancing licences, public music and singing licences and special restaurant certificates, and the renewal of registrations of registered clubs in 2020.
- Waiver of excise duty on on-trade liquor licences on renewal in 2020.
These measures are in addition to the existing Restart Grant Plus, Tourism Adaptation Fund, the wage subsidy scheme, commercial rates waiver, liquidity supports and tax measures (such as warehousing of tax debt and reduction in VAT). I welcome these financial support measures adopted by Government for pub and nightclub businesses, many of whom have been hardest and longest hit over the last few months. I believe this will also help ensure that the cost to pubs, nightclubs, and other holders of public dancing licences is significantly reduced.
956. Deputy Dara Calleary asked the Minister for Justice if her attention has been drawn to a case (details supplied) currently with the Criminal Injuries Compensation Tribunal; if her attention has been further drawn to the fact that the case is ongoing for four years; her views on whether four years is too long for a case to be ongoing; the steps she will take to expedite the hearing; and if she will make a statement on the matter. [22302/20]
View answerThe Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual decisions on applications for compensation and neither I as Minister, nor my Department, have any role in the decisions.
The length of time taken to process applications under the Scheme varies depending on the nature and circumstances of each case. I understand the application relating to this case was received in June 2017. With regard to the particular application in question, I am informed by the Tribunal secretariat that a decision of first instance has been made by the Tribunal on the application. The applicant was notified of the decision in June and afforded the opportunity to accept or appeal it. I am informed that the applicant recently appealed the decision. The appeal hearing will involve three Tribunal Members, of which the Member who made the initial decision will not be one, who will consider the application on a de novo basis, and the applicant will be invited to participate in the appeal hearing.
In providing support for victims of crime, I fully agree with the Deputy’s view that it would be desirable if all cases could be progressed to a conclusion quickly. However delays arise for a variety of reasons. This may, for example, be due to the need for expert medical or other reports or due to delays in receipt of the final Garda reports on the crime. There may also be delays due to the need to await the outcomes of any court cases related to the incident, as applied in relation to the application in question. It is also the case that delays can arise where supporting documentation or additional information has been sought by the Tribunal and applicants take time to provide it. I understand that a number of delays arose in respect of this application, related to such matters.
Overall I can, however, assure the Deputy that applications made under the Scheme are processed by the Tribunal. 290 applications have been sent to Tribunal Members for decision since the start of the year. Appeal hearings by the Tribunal have been affected by the pandemic. There has been disruption to the appeal hearing schedule this year, with scheduled appeal hearings in March having to be postponed. But I am informed that since April, appeal hearings by teleconference are being offered to applicants, as physical hearings are not currently possible due to social distancing requirements. These have been taking place where applicants accept them. I understand that an appeal hearing by teleconference will be offered to the applicant in the case in question as soon as possible.
957. Deputy Mary Lou McDonald asked the Minister for Justice if her attention has been drawn to the delays in the processing of visa applications by the Irish Naturalisation and Immigration Service which has resulted in the withholding of the passports of applicants by the service for prolonged periods of time; and if she will make a statement on the matter. [22389/20]
View answerThe Registration Office of the Immigration Services Delivery (ISD) Division of my Department is currently processing approximately 15,000 applications (accompanied by passports) that have been sent in by people seeking to renew their immigration registration.
Significant demand accumulated during the four months that the Registration Office was closed due to Covid-19. To assist in addressing this demand, a new online system for the renewal of Registrations in the Dublin area was developed and launched on 20 July 2020, enabling applicants to safely engage with the Registration Office without the need to attend in person at Burgh Quay.
Since the launch of the new online renewal system, my Department has received over 22,000 applications from people who would otherwise have had to attend the Registration Office in person. The volume of applications, together with the reduced capacity of the Registration Office due to social distancing requirements, has resulted in longer than anticipated processing times.
My Department recognises the difficulties that delays may cause for applicants and it is providing additional resources to the Registration Office to increase its capacity to handle current demand. Where an applicant urgently needs their passport for travel or other such reasons, they should email the Registration Office at burghquayregoffice@justice.ie and set out the circumstances involved.
Similarly, it is the case that Irish Embassies and Visa Offices abroad would always have a large number of visa applicants’ passports on hand, while their visa applications are being processed. Normally if a person requires their passport back while their application is still being processed, they may contact the embassy or visa office that is processing their application to ask for the passport to be released to them. They must then make arrangements for it to be collected, and, if their application is approved, they would send it back to the embassy/visa office to have the visa added.
958. Deputy Denis Naughten asked the Minister for Justice her plans to reform the monitoring of sex offenders; and if she will make a statement on the matter. [22453/20]
View answer959. Deputy Denis Naughten asked the Minister for Justice her plans to tag sex offenders following their release from prison; and if she will make a statement on the matter. [22454/20]
View answerI propose to take Questions Nos. 958 and 959 together.
I understand the concern which communities can have in relation to the issue of rehabilitation of sex offenders and in relation to measures to protect public safety.
First it is important to note that there are already provisions in existing law in relation to the management of sex offenders after they have been released from prison.
The Sex Offenders Act 2001 provides that a Court can impose conditions on a convicted sex offender as part of their post-release supervision. Further, where An Garda Síochána believe that a convicted offender poses a serious risk to the public, an application can be made to the courts for a Sex Offender Order under s.16 of the 2001 Act. A Sex Offender Order can prohibit the offender from doing anything the Court considers necessary, in order to ensure that the public is protected from serious harm.
In terms of legislative reform, I can confirm that the General Scheme of the Sex Offenders (Amendment) Bill was developed by my Department following a comprehensive review of current law and administrative practice. The General Scheme was approved by Government in June 2018 and it is available on my Department’s website.
The Bill is currently with the Office of the Parliamentary Counsel for drafting. My officials and that Office are working together to finalise the draft with a view to publication of the Bill as soon as possible.
The purpose of the Bill is to enhance current systems for assessment and management of convicted sex offenders and to put those systems on a statutory footing. While the drafting process is not yet complete, the main provisions are expected to include:
- Stricter notification requirements including requiring offenders to notify Gardaí of their address upon release from custody, or any subsequent change of address, within 3 days as opposed to the existing 7 days.
- Provision to allow for fingerprinting and photographing the offender, where necessary to confirm their identity.
- Enhanced supervision of high-risk offenders, including, in limited circumstances, the electronic monitoring of offenders subject to post-release supervision orders.
- The placing on a legislative footing of assessment teams to assess and manage the risk posed by sex offenders.
- Provisions whereby a court can prohibit a sex offender from working with children.
- Provision for a statutory basis for the necessary disclosure of information relating to a high-risk offender on the ‘sex offenders register’. The information in relation to an offender which may be disclosed include the name, address and threat posed by the offender. It is intended that the disclosure would only be made to the minimum number of people necessary to avert a serious risk to safety.
960. Deputy Denis Naughten asked the Minister for Justice the number of vacant desk spaces available in accommodation allocated to her Department in Civil Service accommodation outside Dublin city; and if she will make a statement on the matter. [22485/20]
View answerAs the Deputy will be aware, the majority of staff at my Department are currently working from home.
I can inform the Deputy that my Department occupies three offices outside of Dublin at present. These offices are based in Tipperary town, Roscrea, Co. Tipperary and Killarney, Co. Kerry.
There are currently 2 vacant desks in these offices.
A breakdown of the desks in accommodation allocated to my Department outside of Dublin is as follows:
- The Residency Division of the Immigration Service in my Department is based in Roscrea, Co Tipperary where 2 out of a total of 20 desks are vacant.
- The Citizenship Division of the Immigration Service is located in Tipperary town. I understand that the Garda Protective Service Unit moved into the wing of the building that was vacant, and that the 36 remaining desks are all occupied by staff from my Department and there are no empty desks.
- The Financial Shared Services centre of my Department shares a building with the National Shared Service Office in Killarney, Co Kerry, where 105 desks are occupied by Departmental staff and none are vacant.
Additionally, the Deputy may wish to note that some workspaces in these offices are allocated as hot desks or permanently reserved for printing facilities. On that basis, they are not considered empty.
961. Deputy Denis Naughten asked the Minister for Justice the average and longest waiting time in each probate office for applications by solicitors and personal applicants, respectively; the number of applications on hand in each office; the timeline for the eProbate project to go live in each office; the status of the project; if the Revenue Commissioners have been incorporated and gone live on eProbate; the status of the implementation of each recommendation in the report of the probate services review group; and if she will make a statement on the matter. [22491/20]
View answerThe Probate Office is an office of the High Court. The management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter.
Dublin Probate Office
Solicitors applications are taking approximately 4 to 5 weeks to issue at the moment in the Dublin probate office.
Personal applicant interviews in the same office were suspended since March due to Covid 19 restrictions but plans are now in place to resume interviews in September. Letters inviting applicants to attend the office will issue in the coming days
Resources have been reassigned to reduce the backlog as quickly as possible.
District Probate Registries
The waiting times for the District Probate Registries around the country are as follows:
|
Registry |
Weeks |
|
Castlebar |
8 |
|
Cavan |
4 |
|
Clonmel |
4 |
|
Cork |
10 |
|
Dundalk |
4 |
|
Galway |
10 |
|
Kilkenny |
2 |
|
Letterkenny |
8 |
|
Limerick |
10 |
|
Mullingar |
5 |
|
Sligo |
14 |
|
Tralee |
6 |
|
Waterford |
8 |
|
Wexford |
2 |
The Courts Service has informed me that the priority project in the probate area for 2020 is to remove the manual Revenue affidavit from the probate process and to replace it with an on line system. This project, which is in partnership with the Revenue Commissioners, will go live on 14th September 2020, and will reduce the waiting times for all applications.
The proposed e-Probate project remains on the Courts Service's list of modernisation projects to deliver a more citizen-centred service. The timetable for its implementation has yet to be determined and it will continue to be considered in the context of other priority projects in the areas of civil, criminal and family law.
The review of the probate process is now complete. All actions which assisted in reducing the waiting times have been taken. The reduction in waiting times for solicitor applications reflects the outcome of the review and the outcomes from other initiatives that have taken place over the past two years.
962. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of advisers, special advisers and seconded civil servants working in her Department appointed and or recruited and or in an acting capacity; the roles and responsibilities attributed to each; and the salary scale for each role in tabular form. [22533/20]
View answerOn the commencement of every Dáil, the Department of Public Expenditure and Reform issues guidelines setting out the arrangements for the staffing of Ministerial Offices. As the Deputy is aware, the appointment of Special Advisers is subject to section 11 of the Public Service Management Act 1997.
The Guidelines for the 33rd Dáil, which incorporate the principles of section 11 of the Public Service Management Act, are currently awaiting Government approval.
The appointment of individual Special Advisers is a matter for each Government Minister subject to the terms set out in the aforementioned guidelines, although the appointments are also subject to formal Government approval. I wish to inform the Deputy that, at this stage, no Special Advisers have been formally appointed to my Department by the Government.
However, the Deputy may wish to note that I have assigned two people to work with me as Special Advisers and those people will be formally appointed by the Government once the Guidelines have been approved.
The Minister for Public Expenditure and Reform must be notified of the rate of salary to be paid in all cases for Special Advisers; these rates will then be published on the website of the Department of Public Expenditure and Reform.
Finally, I wish to inform the Deputy that no civil servants have been seconded to Special Adviser posts in my Department since the formation of the Government.
964. Deputy Mark Ward asked the Minister for Justice the number of prisoners who accessed community Prison Link services in each of the years 2017 to 2019 and to date in 2020, by prison and gender in tabular form; and if she will make a statement on the matter. [22621/20]
View answer966. Deputy Mark Ward asked the Minister for Justice the cost to implement video calls between prisoners and the Prison Link service on an on-going basis; and if she will make a statement on the matter. [22671/20]
View answerI propose to take Questions Nos. 964 and 966 together.
I can advise the Deputy that the Community Prison Link service is a non-prison based service that works with people with addiction issues both in prison and in the community. In some cases the organisation continues to work with individuals in the event they enter into the custody of certain prisons in the State. As Community Prison Link is primarily non-prison based, and only available in a limited number of prisons, the Irish Prison Service does not currently have plans to make the service available on the Video Conferencing platform. However, I am advised that the situation will be kept under review.
The Irish Prison Service Video Conferencing platform enables Professional Visits, Court Appearances, and Family Visits take place virtually across the prison estate. This forum also enables and supports, where required the delivery of service provision to prisoners. As the Video Conferencing platform is used for a range of purposes and services it is not possible to provide the Deputy with the cost to implement video calls between prisoners and the Prison Link Service on an on-going basis. The Irish Prison Service supports approximately 2,000 calls per week.
The Irish Prison Service have further advised that they do not keep records on the amount of prisoners who access the Community Prison Link Services. However I have requested the Department of Health, who fund these services, to review their records to see if they can provide the information requested. I will revert to the Deputy as soon as their reply is received.
965. Deputy Brendan Smith asked the Minister for Justice if she will consider the issues pertaining to her Department raised by an association (details supplied); and if she will make a statement on the matter. [22624/20]
View answerThe Deputy will be aware that licensed premises were allowed to reopen from 29 June 2020 under certain conditions, one of which is that a substantial meal must be served to any customer consuming alcohol. As I said in the Dáil last week, the vast majority of publicans and restaurateurs are fully compliant with the Covid-19 regulations which were introduced by my colleague, the Minister for Health. However, there are a small minority of licensed premises where potential breaches were recorded, including a number with multiple breaches. This represents an unacceptable risk to human life and public health and undermines the efforts and sacrifices made by the vast majority of people.
While the Covid-19 regulations contain a number of penal provisions, there are limited powers of enforcement. That is why I introduced the Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020 into Dáil Éireann last week. The Bill applies to all premises where intoxicating liquor is sold or supplied for consumption on the premises, primarily restaurants and bars, but it also includes private clubs.
The Bill provides for three different types of closure orders of various duration, the shortest duration being closure for the remainder of the day, the longest being 30 days. The Bill will only ever affect those who have failed to comply or who refuse to comply with the direction from the Garda member. I am proposing effective powers for An Garda Síochána, and I would hope the mere existence of the legislation will encourage all to come into compliance. The approach adopted by An Garda Síochána throughout the pandemic to engage and to encourage compliance has been widely praised. The graduated policing approach has been highly successful and I expect that to continue. Enforcement will be a last resort.
I welcome the support for the enforcement measures that I have brought forward from the Association referred to in the question, and I have noted their ongoing concerns. The association in question has raised a number of issues around the reopening of the so-called “wet pubs” which do not serve food. While I am on the record as saying that I would hope the new enforcement powers will contribute to a situation where wet pubs can reopen, any decision in that regard will be taken by Government on the recommendation of the Minister for Health.
967. Deputy Mark Ward asked the Minister for Justice the number of Garda youth diversion programmes in each CHO; the number of young persons by gender and age cautioned by the Garda and linked in with a youth diversion programme in each of the years 2017 to 2019 and to date in 2020, in tabular form; and if she will make a statement on the matter. [22673/20]
View answerPart 4 of the Children Act 2001 (as amended) provides the statutory basis for the Garda Diversion Programme. The intention is to divert children and young people who have engaged in criminal or anti-social behaviour away from the Criminal Justice system and towards more positive life choices. Children who commit criminal offences are considered for admission to the Garda Diversion Programme, as provided in the Children Act 2001. Each such case is assessed and the Director of the Garda Diversion Programme (Garda Superintendent) decides if the case is suitable, or not, for inclusion.
The operation of the programme includes informal and formal Garda warnings, delivered in the presence of parents or guardians, as well as provision for supervision by a Garda Juvenile Liaison Officer. The scope of the Diversion programme is illustrated by 2017 figures, which show that 10,607 children were referred for consideration under the programme.
Garda Youth Diversion Projects (GYDPs) are a fundamental support to the operation of the statutory Garda Diversion Programme and provide a vital ingredient in enhancing community policing partnerships. These projects are community based multi-agency crime prevention initiatives, which are funded directly by my Department. GYDPs seek to divert young people who have become involved, or are at risk of becoming involved, in crime/anti-social behaviour away from future involvement with the Criminal Justice System. They are primarily targeted at 12-17 year old young people in communities where a specific need for the service has been identified. On average the Garda Youth Diversion Projects engage with between 3,500 and 4,000 young people across the state in any one year.
While the projects primarily receive referrals from An Garda Síochána, they may receive referrals from other sources including schools, parents or self-referrals, including in some cases working with young people who are not under Garda supervision, or have been deemed unsuitable for diversion. Individual GYDPs also undertake early intervention preventative work and support for families. Therefore, as projects include a mixture of young people referred from An Garda Síochána and other sources, data on GYDPs participants is not directly comparable with data on those considered for admission to the Garda Diversion Programme.
The specific information breakdown requested, linking participation in GYDPs and referrals from An Garda Síochána (and based on CHO areas) is not available. However, I have asked the Garda authorities to provide information on cases considered for admission to the Garda Diversion Programme, and I will communicate further with the Deputy as soon as more details are available.
I have attached the location of each Garda Youth Diversion Project, based on Garda Districts, to be of assistance.
968. Deputy Éamon Ó Cuív asked the Minister for Justice when an application for Garda vetting submitted by a school teacher (details supplied) in County Galway will be processed in view of the urgent need for the processing of a Garda clearance in this case given the current front-line role teachers are playing in the re-opening of schools; and if she will make a statement on the matter. [22687/20]
View answerThe Deputy will be aware that vetting applications are an operational matter for An Garda Síochána, and neither I nor my Department have any role in the processing of individual vetting applications.
I would emphasise to the Deputy that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016. I am sure that the Deputy will appreciate the importance of this task and the need for it to be carried out thoroughly and correctly.
Individual applicants can track the progress of their application online using the e-vetting tracking system (https://vetting.garda.ie/Track), details of which are contained in the email received by applicants when completing their application online.
I have been informed by the Garda Authorities that the Vetting Bureau works to ensure that the processing time for vetting applications is kept to the minimum necessary in order to ensure that the statutory obligation to receive a vetting disclosure prior to permitting any person to undertake relevant work or activities on behalf of an organisation can be facilitated without undue delay.
All Garda vetting applications are processed on a first come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects.
In respect of certain applications, it is necessary for the Vetting Bureau to conduct further enquiries; for example to confirm information provided by the applicant with external bodies. The time required to receive such information may be outside of the control of the Vetting Bureau. In such instances, processing times may be significantly longer than the average.
However I am informed by the Garda authorities that, in general, the vetting process is working well and that there are no backlogs or delays in Garda vetting at present.
This efficiency has been achieved by the deployment of the e-vetting system which facilitates the on-line processing of applications for vetting from registered organisations. I understand that the general turnaround time for vetting applications submitted by organisations utilising the e-vetting system is 4 working days for over 85% of applications received.
969. Deputy Alan Kelly asked the Minister for Justice the number of special advisers that will be hired by her Department. [22775/20]
View answerOn the commencement of every Dáil, the Department of Public Expenditure and Reform issues guidelines setting out the arrangements for the staffing of Ministerial Offices. The appointment of Special Advisers is subject to section 11 of the Public Service Management Act 1997.
The Guidelines for the 33rd Dáil, which incorporate the principles of section 11 of the Public Service Management Act, are currently awaiting Government approval.
The appointment of individual Special Advisers is a matter for each Government Minister subject to the terms set out in the aforementioned guidelines, although the appointments are also subject to formal Government approval.
I wish to inform the Deputy that, at this stage, no Special Advisers have been formally appointed to my Department by the Government.
However, the Deputy may wish to note that I have assigned two people to work with me as Special Advisers and those people will be formally appointed by the Government once the Guidelines have been approved.
