Written Answers Nos. 585-609
585. Deputy Pa Daly asked the Minister for Justice the monthly number of refusals for permission to remain by total figures; and the number of years each applicant who was refused has been within the international protection system. [34531/20]
View answerMy Department looks at all international protection applications made in the State on a case by case basis in accordance with the legislation, the International Protection Act 2015. If an applicant fails in their International Protection claim, they may seek humanitarian leave to remain. Each consideration takes into account a number of factors as set out in section 49 of the Act.
Since the International Protection Act 2015 commenced on 31 December 2016, the International Protection Office has carried out the function of considering Permission to Remain (under section 49 of the 2015 Act), in respect of those applicants who have been refused international protection at first instance.
The statistics below are correct as of 6 November 2020, but may be subject to data cleansing.
Table 1
|
Refusal of Permission to Remain |
Year Decision |
||||
|
Month Decision |
2017 |
2018 |
2019 |
2020 to end September |
Grand Total |
|
Jan |
117 |
109 |
229 |
||
|
Feb |
130 |
21 |
242 |
||
|
Mar |
144 |
164 |
147 |
||
|
Apr |
2 |
170 |
194 |
||
|
May |
46 |
216 |
218 |
||
|
Jun |
60 |
154 |
201 |
18 |
|
|
Jul |
95 |
137 |
225 |
204 |
|
|
Aug |
120 |
147 |
175 |
189 |
|
|
Sep |
143 |
132 |
198 |
144 |
|
|
Oct |
135 |
161 |
199 |
||
|
Nov |
146 |
190 |
231 |
||
|
Dec |
84 |
129 |
147 |
||
|
Grand Total |
831 |
1827 |
2082 |
1173 |
5913 |
Table 2 below sets out by date the number of persons refused permission to remain following a review of a negative permission to remain decision. It should be noted that there were no permission to remain reviews completed during 2017.
Table 2 *
|
Year Decision |
||||
|
Month Decision |
2018 |
2019 |
2020 to end September |
Grand Total |
|
Jan |
7 |
86 |
||
|
Feb |
65 |
55 |
||
|
Mar |
2 |
37 |
||
|
Apr |
4 |
16 |
||
|
May |
38 |
8 |
||
|
Jun |
16 |
75 |
||
|
Jul |
26 |
55 |
||
|
Aug |
50 |
97 |
||
|
Sep |
15 |
44 |
37 |
|
|
Oct |
53 |
61 |
||
|
Nov |
37 |
43 |
||
|
Dec |
59 |
60 |
||
|
Grand Total |
298 |
533 |
215 |
1046 |
* Persons in this table are included in table 1 .
Table 3 below shows the number of years each applicant has been within the international protection system. These figures include decisions made under Table 2 (PTR Review decisions).
|
Table 3 |
|
|
Number of years from date of application to date of permission to remain refusal |
No. of applicants |
|
0 |
1395 |
|
1 |
2510 |
|
2 |
1788 |
|
3 |
744 |
|
4 |
391 |
|
5 |
106 |
|
6 |
7 |
|
7 |
4 |
|
8 |
6 |
|
9 |
3 |
|
10 |
4 |
|
12 |
1 |
|
Grand Total |
6959 |
As can be seen from the figures in Table 3, over 92% of all refusals to remain (including reviews of earlier refusal decisions) are considered within 3 years of the date of application. The length of time stated in the table is not the time taken from application to the issuing of a first instance decision rather the total time an application is in the process. This can include time in respect of an appeal, where an applicant has appealed a first instance recommendation in respect of their international protection application and where an applicant may also have challenged a decision by way of Judicial Review, which can significantly increase the processing times to final decision stage of an application.
586. Deputy Richard Boyd Barrett asked the Minister for Justice if there is a timescale for the implementation of the family courts Bill announced on 30 September 2020; when recommendations of the report of the Oireachtas Joint Committee on Justice and Equality on the reform of the family law system, published on 25 October 2019, particularly recommendation 36 of the report, will be considered and-or implemented; and if she will make a statement on the matter. [34545/20]
View answer589. Deputy Jim O'Callaghan asked the Minister for Justice if and when a new family law Bill will be introduced; if it will take into account and include all recommendations of the Oireachtas Joint Committee on Justice and Equality report on reform of the family law system; and if she will make a statement on the matter. [34593/20]
View answer591. Deputy Fergus O'Dowd asked the Minister for Justice if she will address concerns raised in correspondence (details supplied) about the family courts Bill; and if she will make a statement on the matter. [34626/20]
View answer594. Deputy Catherine Murphy asked the Minister for Justice the progress she has made to date on implementing the family courts Bill; and the timeline for recommendations of the report of the Oireachtas Joint Committee on Justice and Equality on the reform of the family law system, published on 25 October 2019, to be fully implemented. [34654/20]
View answer596. Deputy Neale Richmond asked the Minister for Justice the status of the recommendations of the Oireachtas Joint Committee on Justice and Equality on the reform of the family law system; if the recommendations will be considered or implemented; and if she will make a statement on the matter. [34657/20]
View answer612. Deputy Neasa Hourigan asked the Minister for Justice if all the recommendations of the report on the reform of the family law system by the Oireachtas Joint Committee on Justice and Equality have been implemented; if not, the recommendations that are outstanding; when they will be implemented; and if she will make a statement on the matter. [34898/20]
View answer627. Deputy Joe Flaherty asked the Minister for Justice if the recommendations of the report of the Oireachtas Joint Committee on Justice and Equality on the reform of the family law system, published on 25 October 2019, will be considered and implemented (details supplied); and if so, the likely timeframe. [35028/20]
View answer633. Deputy Aengus Ó Snodaigh asked the Minister for Justice when the family court Bill announced on 30 September 2020 is due to come before the Houses of the Oireachtas; when she plans for the Bill to be enacted; and if she will make a statement on the matter. [35214/20]
View answer634. Deputy Aengus Ó Snodaigh asked the Minister for Justice when each of the recommendations of the report on reform of the family law system published by the Oireachtas Joint Committee on Justice and Equality on 25 October 2019 will be implemented; the steps she has taken and plans to take towards their implementation; the progress on same; and if she will make a statement on the matter. [35215/20]
View answerI propose to take Questions Nos. 586, 589, 591, 594, 596, 612, 627, 633 and 634 together.
A Family Justice Oversight Group has recently been established in my department which, in addition to department officials, also includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth. The Group held its first meeting in September and has been tasked with agreeing a high-level vision and key medium and longer-term objectives for the development of a national family justice system having regard to international best practice, in parallel with the establishment of the dedicated Family Court structure as envisaged by the forthcoming Family Court Bill.
A work plan is currently being developed by the group and I understand that one of the tasks to be undertaken is consideration of the various recommendations contained in the Joint Committee on Justice and Equality Report on Reform of the Family Law System.
The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a less adversarial resolution of disputes.
In September, the Government approved the drafting of a Family Court Bill to provide for the establishment of a District Family Court, a Circuit Family Court and a Family High Court as divisions within the existing court structures.
In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019.
The publication of the General Scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution. The overall aim is to change the culture so that the focus of the family justice system meets the complex needs of people who need help with family justice issues.
The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. It is not possible at this stage to indicate when the Bill is likely to be published or to predict the timeframe for the legislative process with regard to the Bill after its publication.
587. Deputy Michael Fitzmaurice asked the Minister for Justice the cost of civilian staff for each of the past five years in An Garda Síochána; and if she will make a statement on the matter. [34564/20]
View answerThe Deputy will be aware that the Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation of €1.88 billion for 2020 and of €1.952 billion in Budget 2021. This level of investment is enabling sustained, ongoing recruitment of Garda members and staff. There are now over 14,600 Gardaí nationwide, supported by over 3,000 Garda staff. Taken together, this number of Garda members and staff is delivering a significant growth in operational policing hours nationwide.
I am informed by the Garda authorities that the table below discloses the sum of payroll, allowance, overtime and employer PRSI costs relating to Garda Staff from 2016 to the end of October 2020. These costs can be specifically identified as Garda Staff costs within the Garda vote. It is not possible to specifically allocate other costs to Garda Staff only.
|
1 Jan to 31 Oct 2020 |
2019 |
2018 |
2017 |
2016 |
|
€106,718,536 |
€112,521,542 |
€96,842,099 |
€86,542,613 |
€82,516,802 |
588. Deputy Michael Fitzmaurice asked the Minister for Justice the civilian staff numbers in An Garda Síochána per grade; the number of PTE and FTE equivalents annually for the past five years; and if she will make a statement on the matter. [34565/20]
View answerThe Deputy will be aware that the Garda Commissioner is by law responsible for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. The allocation of Garda resources is made in light of identified operational demand. This includes deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in the matter.
An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. As a result, Garda numbers are now some 14,600 Garda members and over 3,000 Garda staff nationwide. Budget 2021 will allow for the recruitment of up to 620 new Gardaí and an extra 500 Garda staff.
I am informed by the Garda authorities that the table below shows the number of Garda Staff as requested by the Deputy at end December from 2015 to 2019 and as at 31/10/2020:
|
2015 Staff |
2015 WTE |
2016 Staff |
2016 WTE |
2017 Staff |
2017 WTE |
2018 Staff |
2018 WTE |
2019 Staff |
2019 WTE |
2020 Staff |
2020 WTE |
|
|
Professional/Technical |
60 |
59 |
60 |
60 |
55 |
54 |
55 |
54 |
60 |
59.13 |
59 |
58.4 |
|
CAO |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
Ex. Dir HR&PD |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
Ex. Dir Finance |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
- |
- |
|
Ex. Dir IT |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
- |
- |
- |
- |
|
Ex. Dir Strategy & Performance |
- |
- |
- |
- |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
Ex. Dir Legal & Compliance |
- |
- |
- |
- |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
Chief Data Officer |
- |
- |
- |
- |
- |
- |
- |
1 |
1 |
1 |
1 |
|
|
Director |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
Principal Officer |
5 |
5 |
5 |
5 |
9 |
9 |
15 |
15 |
19 |
19 |
21 |
21 |
|
Assistant Principal Officer |
13 |
12.6 |
18 |
18 |
30 |
30 |
37 |
37 |
44 |
44 |
69 |
69 |
|
Higher Executive Officer |
78 |
77.131 |
86 |
85 |
113 |
112 |
141 |
139.80 |
146 |
145 |
125 |
124 |
|
Administrative Officer |
- |
- |
- |
- |
- |
- |
- |
- |
7 |
7 |
14 |
14 |
|
Executive Officer |
93 |
90.731 |
96 |
93.631 |
325 |
316.055 |
388 |
377.73 |
726 |
715.18 |
750 |
740.20 |
|
Staff Officer/District Finance Officer |
190 |
183.886 |
181 |
175.986 |
- |
- |
- |
- |
- |
- |
- |
- |
|
Clerical Officer |
1,412 |
1,317.329 |
1,406 |
1,310.265 |
1,514 |
1,419.279 |
1,635 |
1,540.40 |
1,786 |
1,698.16 |
1,936 |
1,848 |
|
Totals |
1,856 |
1,7506.67 |
1,857 |
1,752.88 |
2,053 |
1,947.334 |
2,278 |
2,170.93 |
2,795 |
2,694.47 |
2,305 |
2,880.6 |
|
Industrials |
59 |
52.6 |
50 |
44.8 |
48 |
43.8 |
71 |
69.30 |
68 |
67.30 |
60 |
59.30 |
|
Non-Industrials |
417 |
205.947 |
401 |
201.20 |
389 |
200.62 |
360 |
189.20 |
355 |
182.10 |
321 |
178.70 |
|
Total |
476 |
258.547 |
451 |
246 |
437 |
244.42 |
431 |
258.5 |
423 |
249.4 |
381 |
238 |
Whole Time Equivalent (WTE) numbers are provided to indicate that Garda Staff work on a number of different work-sharing patterns of varying hours. The WTE number reflects the number of whole time staff required to work the number of hours provided by the staff actually employed.
The Deputy may wish to be aware that information on Garda staff, the Garda Workforce and other relevant statistics are available at the following link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
590. Deputy Joe Flaherty asked the Minister for Justice her plans to reverse notice served on the many new Irish persons who on 30 October 2020 were advised by INIS of the rejection of their appeals for leave to remain, in particular a person (details supplied). [34598/20]
View answerOur objective is to have decisions on international protection applications and permission to remain considerations made as soon as is possible. This ensures that those who are found to be in need of our protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security. For those found not to be in need of protection, we can offer them assistance to return to their home country. This objective of timely decision-making is shared by the Expert Group led by Dr. Catherine Day, whose Report Minister O’Gorman and I published very recently.
During the early stages of the pandemic, it was decided to issue only positive recommendations from the International Protection Office. This was to ensure that applicants with negative recommendations were not disadvantaged by the time limits set out in the legislation within which to make an appeal or to request a review of a refusal of permission to remain. As substantive processing and appeal hearings recommenced in more recent months, so too did the issuing of negative decisions. While the number of negative decisions has not increased, there has been a build-up in the issuing of such decisions, with a higher volume than normal issuing in recent weeks.
The letter referred to by the Deputy is sent to inform the relevant person of their negative international protection decision and to also inform them that they no longer have permission to remain in the State. They are required to confirm within five days if they will accept the option of voluntary return, for which my Department will provide assistance. If they do not confirm that they will leave voluntarily, a deportation order will be made against them.
The five day timeline is set down in primary legislation so must be adhered to in official correspondence. However, I understand a pragmatic approach is taken and, to be clear, the person is not required to remove themselves from the State within five days – they are required to indicate an intention to do so. Obviously, the time taken for voluntary return arrangements to be made will take into account all factors, including Covid-19 based restrictions and the limitations to travel this has created. That said, I do accept that particular issues arise with Level 5 restrictions. As a result, I have asked my officials to review the process of issuing such letters for its duration.
The Catherine Day Expert Group Report has recommended that the five-day period for deciding whether to exercise the voluntary return option should be extended to 30 days and that children and students be allowed to finish the school year before departure. This, along with all other recommendations relevant to the work of my Department, will be actively considered by a Programme Board I have established for this purpose. Their work will feed into the development of the White Paper by the end of this year, in line with the Programme for Government commitment.
Section 3 (11) of the Immigration Act 1999 (as amended) allows a Deportation Order to be amended or revoked by making a request to me as Minister for Justice. I encourage people to be as detailed as possible in their representations to me and my Department so that we can make fully informed decisions at the appropriate time.
592. Deputy Gino Kenny asked the Minister for Justice if the Irish Prison Service will cease using and processing employee biometric data; if her attention has been drawn to a recent decision by the Data Protection Commission on this issue; if no breaches of employees biometric data are currently taking place; and if she will make a statement on the matter. [34643/20]
View answerI am advised by my officials that the Data Protection Commission (DPC) recently issued a letter relating to the processing of biometric data by the Irish Prison Service. The understanding is this constitutes preliminary findings rather than a decision.
I am informed that the findings are in respect of a complaint from an employee of the Service associated with the processing of biometric data (fingerprints) in an automated vending system to provide appropriate access to security keys used within the prison.
Following an examination of the findings and further to the advices of the Office of the Attorney General, a decision has now been taken to bring an appeal on certain aspects of those findings to the High Court. In light of this it would not be appropriate to comment any further at this time.
Other findings of the Commission and specific directions to Irish Prison Service are not being appealed however, and I am further informed that the Irish Prison Service is taking steps to comply with the directions of the DPC in that regard.
The Deputy will wish to note that biometric data is processed in limited circumstances by the Irish Prison Service for the purposes of security controls, where it is considered that the use of alternative technologies, such as swipe cards, would constitute a risk to the good order and maintenance of security of the prisons and the safety and security of prison staff and of people in custody.
593. Deputy Denise Mitchell asked the Minister for Justice the estimated timeframe for the implementation of the family courts Bill. [34647/20]
View answer595. Deputy Neale Richmond asked the Minister for Justice the timescale for the implementation of the family courts Bill; and if she will make a statement on the matter. [34656/20]
View answer613. Deputy Neasa Hourigan asked the Minister for Justice the timeline for the implementation of the family courts Bill; and if she will make a statement on the matter. [34899/20]
View answer616. Deputy Alan Farrell asked the Minister for Justice the timeline for the family courts Bill; and if she will make a statement on the matter. [34938/20]
View answer626. Deputy Joe Flaherty asked the Minister for Justice the timeframe for the implementation of the family courts Bill announced on 30 September 2020 (details supplied). [35027/20]
View answer629. Deputy Paul Donnelly asked the Minister for Justice if there is a timescale for the implementation of the family courts Bill announced on 30 September 2020. [35164/20]
View answer639. Deputy Steven Matthews asked the Minister for Justice if there is an approximate timeframe for the drafting of the family courts Bill announced in September 2020. [35224/20]
View answerI propose to take Questions Nos. 593, 595, 613, 616, 626, 629 and 639 together.
The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and to provide for court procedures that support a less adversarial resolution of disputes.
In September, the Government approved the drafting of a Family Court Bill to provide for the establishment of a District Family Court, a Circuit Family Court and a Family High Court as divisions within the existing court structures.
In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019.
The Family Court Bill will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system.
The publication of the General Scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution. The overall aim is to change the culture so that the focus of the family justice system meets the complex needs of people who need help with family justice issues.
The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. It is not possible at this stage to indicate when the Bill is likely to be published or to predict the timeframe for the legislative process with regard to the Bill after its publication.
597. Deputy Alan Kelly asked the Minister for Justice the number of domestic abuse cases that were investigated by An Garda Síochána during the lockdown; the number that resulted in charges; how this compares with the same months in 2019; and if she will make a statement on the matter. [34675/20]
View answerThe Government is fully committed to ensuring that those impacted by domestic abuse during the Covid-19 pandemic continue to receive the highest priority. The impact of increased restrictions on domestic abuse incidents was one of the key considerations taken into account when looking at moving the country to Level 5 of the Framework for Living with Covid 19.
Additional Covid specific funding and support for victims has been put in place and continues to be available for those in need of such services. An Garda Síochána, the Courts and the Legal Aid Board continue to prioritise domestic abuse cases and I want to reassure anyone who is a victim, or at risk of, domestic or sexual abuse, that help continues to be available regardless of the restrictions we may face as a result of Covid.
With regard to the specific information requested by the Deputy, the Garda authorities have informed me that there were a total of 19,344 domestic abuse incident reports in the period 12 March 2019 to 3 November 2019; and that this year, from 12 March to 3 November 2020, there were a total of 22,540 reported incidents.
In relation to the number of incidents that have either an associated charge or a summons; in 2019 there were 3464 incidents compared to 3899 in 2020 in the same reporting period.
The Garda authorities have informed me that the search criteria applied included incidents of the following categories: Breach of Interim Barring Order, Breach of Protection Order, Breach of Barring Order, Breach of Safety Order, Domestic Dispute - No Offence Disclosed, Breach of Emergency Barring Order, or any incident type with a recorded motive of ‘Domestic Abuse’.
I am also informed by the Commissioner that Operation Faoiseamh, established to ensure that victims of domestic abuse are supported and protected during this extraordinary time and to ensure that any domestic abuse incidents receive the highest priority response, continues to operate in a targeted and proactive way. In its first phase, Garda Victim Services Offices nationwide made proactive contact with victims who have reported domestic abuse in the past, to identify any existing issues of concern. I am informed that over 8,200 contacts or attempts to contact victims of domestic abuse were recorded by Gardaí as part of that work (between 1 January 2020 and 25 May 2020). Phase II of the operation began in mid-May and this involves a focus on targeting perpetrators - and in particular, cases of persistent breaches of protection, safety and barring orders under the Domestic Violence Act. I am further informed that Phase III commenced 28th October 2020 and will continue to reach out and make contact with victims to provide reassurance, support and to offer the assistance of local and specialised resources and is committed to arresting and bringing before the courts those offenders who have breached domestic violence legislation and in particular Court Orders obtained under the provisions of the Domestic Violence Act, 2018.
Gardaí also continue to develop their specialist services in this area and I am pleased that Divisional Protective Services Units have now been rolled out nationwide.
The Deputy may also wish to be aware that as part of the overall response to address domestic abuse during the Covid 19 pandemic, my Department at the outset developed an inter-agency plan and is now leading efforts to identify lessons which can be learned from this plan to ensure our approach to address these issues remains up-to-date and as effective as possible. This process includes input from the community and voluntary sector working in this area.
My Department also initiated and continues to run the 'Still Here' public awareness campaign, in partnership with public sector organisations and the NGO sector. The ‘Still Here’ campaign is about getting the message out that services continue to be available to victims of domestic abuse and sexual violence.
In addition to the €1.9 million funding already allocated for 2020 in support of victims of crime, including victims of domestic abuse, my Department has provided an additional €327,590 to date to organisations in the sector, to support and extend the services they offer during the period of the Covid-19 crisis. I have now secured an additional €400,000 for 2021 to allow this Covid specific support to continue. This is in addition to the €2 million allocated to support services for victims of crime under Budget 2021.
598. Deputy Mary Lou McDonald asked the Minister for Justice the budget allocation in 2021 to roll out the comprehensive coercive control training programme by her Department for An Garda Síochána, Courts Service personnel and legal professionals, as committed to in the programme for Government; if the provision for the training programme has gone to tender; the mechanism by which it will be provided; and if she will make a statement on the matter. [34686/20]
View answerThe Programme for Government outlines a commitment to invest in a comprehensive training programme for professionals who may have contact with a victim of coercive control, including An Garda Síochána, legal professionals and courts services personnel.
I can assure the Deputy, combatting all forms of domestic abuse and sexual violence continues to be a key priority for me. In Budget 2021 I have secured an additional €2.3 million to support the implementation of ‘Supporting a Victims Journey’ which is a detailed action plan for delivering on all of the O’Malley recommendations. Together these recommendation will ensure our criminal justice system empowers vulnerable victims, including victims of domestic and sexual abuse, to have the confidence to report an offence, and to know they will be supported, informed and treated respectfully and professionally for the entirety of the difficult journey they have to face.
‘Supporting a Victims Journey’ will be implemented as a priority and include the provision of specific training for all of the key personnel a victim comes into contact with during the course of their journey throughout the criminal justice system. Such personnel includes the Gardaí, the DPP, the judiciary and the legal profession. Engagement on development of training programmes for serving Gardaí, the legal professions and members of the judiciary who are participating in sexual offences investigations and trials has already started, and I expect this training will be rolled out in 2021.
The reason I set such an ambitious timeframe for the presentation of the O’Malley, implementation plan, a mere 10 weeks, was to ensure that any estimated costs appropriate to Budget 2021 could be included by the relevant Departments in the estimates process. The key point to this work is that victims should be supported in a comprehensive way and this is a core obligation of the criminal justice system, rather than an add-on or an additional cost.
The Deputy may also be interested to know that the rollout of the Divisional Protective Services Units (DPSU) within An Garda Síochána is now complete with DPSUs in every Garda division across the country. The completion of the rollout of DPSUs means that specially trained officers are available nationwide who will be responsible for engagement with, and interviewing of, vulnerable victims. This will ensure that when vulnerable victims of crimes such as domestic abuse and sexual violence present to Gardaí, they are met with specialist professional and expert assistance.
599. Deputy Mary Lou McDonald asked the Minister for Justice if her officials have initiated the drafting of domestic homicide legislation; and if she will make a statement on the matter. [34687/20]
View answerThe introduction of legislation to provide for Domestic Homicide Reviews is an important commitment in the Programme for Government. One of the elements that will feed into delivering on this commitment is the independent study commissioned by my Department into familicide and domestic homicide reviews. This independent specialist research is looking at international best practice in the conduct of domestic homicide reviews with a view to making recommendations in relation to their application in this jurisdiction.
Ms Maura Butler, who is a solicitor and has been a member of the Study’s Advisory Group since its establishment, agreed to take responsibility for leading completion of the study, following the sad and untimely death of Norah Gibbons, who was previously responsible. I met recently with Ms Butler to receive an update in relation to this work but I would stress the importance of recognising that the Advisory Group and their work is independent, and my Department is not involved in the work of the study nor is it a member of the Advisory Group.
I have asked Ms Butler to update me again on progress made later this month and I expect to receive the report from the Group before the end of the year. I look forward to examining the report in detail and I will consider any recommendations made as a priority.
In parallel to this study, An Garda Síochána is currently conducting a review of the investigation of certain homicides, which includes a number of domestic homicides, and is developing policies and procedures to inform the overall policing approach to domestic homicides.
600. Deputy Holly Cairns asked the Minister for Justice if her attention has been drawn to cases of passports being lost, misplaced or sent to the wrong person by INIS; if all relevant cases have been reported to the Data Protection Commission; if persons affected will be refunded the administration fees they paid; and if she will make a statement on the matter. [34758/20]
View answer601. Deputy Holly Cairns asked the Minister for Justice the number of passports either lost and-or misplaced or sent to the incorrect address by INIS between 1 October 2019 and 1 November 2020, in tabular form; and if she will make a statement on the matter. [34759/20]
View answerI propose to take Questions Nos. 600 and 601 together.
My Department is committed to protecting the rights and privacy of all individuals and complies fully with data breach reporting requirements.
The table below shows that a total of 22 passports from across the entire immigration area that were notified as lost, misplaced or sent to the incorrect address and reported to the Data Protection Commission by the Data Protection Officer of my Department, between 1 October 2019 and 1 November 2020.
|
Lost Passports |
8 |
|
Misplaced and subsequently retrieved |
2 |
|
Sent to incorrect address and subsequently retrieved |
12 |
There has been some attention drawn recently in relation to the return of passports submitted for the renewal of permissions. Some 29,499 online applications for registration renewal have been successfully processed since July of this year by my Department. The small number of cases in relation to renewals (which represents a sub-set of the figures set out in the table above) should be viewed in this context. Notwithstanding this, my Department always strives to rectify any errors that may occur as quickly as possible. It also comply fully with our GDPR reporting requirements. The Immigration Service engages with, and provides appropriate assistance to affected individuals and an applicant can be reimbursed the cost of a replacement passport if the Registration Office is at fault for the loss of the original.
The Registration Office is currently processing approximately 10,262 applications seeking renewal of immigration registration, with up to 800 applications being received each week. Significant demand from people seeking to renew their immigration registration accumulated during the four months that the Registration Office in Dublin was closed earlier this year. Unfortunately, due to current Covid-19 restrictions, the Registration Office in Dublin is now closed again for in-person appointments and I am conscious that this may place an extra burden on the registration system in the months ahead.
To assist in addressing this demand, the new online system for the renewal of registrations in the Dublin area, which launched in July, enables applicants to safely engage with the Registration Office without the need to attend in person at Burgh Quay. Substantial additional resources are also being provided to the Registration Office to increase its capacity to handle current demand. The system is kept under continuous review and further measures to streamline the process for the benefit of our customers are currently under consideration.
602. Deputy Cormac Devlin asked the Minister for Justice when services will resume at the offices of county registrars; if consideration will be given to deeming them essential workers under level 5 restrictions; and if she will make a statement on the matter. [34769/20]
View answerThe Deputy will be aware that the imposition of new restrictions when the country moved to Level 5 of the Government's Plan for Living with COVID on 21 October 2020 has had implications for all aspects of public life, including the Courts and Court Officers. Nonetheless, the overall objective is to maintain access to justice as far as possible, even at Level 5, having regard to public health considerations, in terms of Court staff, and the needs of the general public.
The Courts Service Act 1998 sets out the nature of the relationship between the Courts Service and the County Registrar. Section 20 (1) of the Courts Service Act 1998 provides “the Chief Executive shall manage and control generally the staff, administration and business of the Service, including the functions of County Registrars insofar as such functions relate to a function of the Service”. The County Registrar is a statutory officer with a number of different roles, including under-sheriff functions, working closely with the Revenue Commissioners.
I understand the Deputy is interested in the current situation in the Dublin Circuit Family Court. In terms of the role of the County Registrar in family law cases, I am advised that there continues to be a facility available for urgent applications to be heard and legal representatives can contact the Dublin Circuit Family Court Office for an early date, if required. Plans are also in place for the early resumption of Court business to pre-Covid levels and the escalation of case hearings in line with the current Living with Covid plans.
My Department continues to be in close contact with County Registrars and Sheriffs, the Courts Service and the Revenue Commissioners, as they have been throughout the Covid crisis, to ensure that any particular issues are being addressed, as appropriate.
603. Deputy Sorca Clarke asked the Minister for Justice the reason the immigration office in County Longford closed; and when it is due to reopen. [34784/20]
View answerThe management and administration of the Registration Office in Co. Longford is the responsibility of An Garda Síochána. However, in order to be of assistance to the Deputy, I have made enquiries with the Commissioner and have received the following update.
Approximately 5,500 appointments were made for immigration registration purposes, in the Roscommon-Longford Division in 2019, resulting in 2,363 registrations.
Registrations are currently being processed in Government Buildings, Ballinalee Road, Longford, N39 E4EO, which shares accommodation with the General Registration Office and Social Welfare Offices. The facility is bespoke for the delivery of over the counter Government services. The service is easily accessible by public transport and operates regularised and longer opening times.
This office provides a safe environment for service users, which incorporates all of the COVD-19 pandemic guidelines. An Garda Síochána are currently unable to provide this service in their current accommodation in Longford, due to the large scale construction that is ongoing at the site. Appointment times are issued for full traceability.
The approach allows for the continuation of registrations during this time. All services delivered by An Garda Síochána during the current COVID-19 pandemic are constantly reviewed to ensure that they provide excellence in service delivery.
604. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [34832/20]
View answerAn application for a certificate of naturalisation in relation to the person referred to by the Deputy is currently being processed with a view to establishing whether they meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to 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.
605. Deputy Thomas Gould asked the Minister for Justice the status of the gambling control Bill. [34834/20]
View answerThe Government is committed to the modernisation of the licensing and regulatory environment for gambling in Ireland and this is reflected in the Programme for Government commitment to the establishment of a gambling regulator.
Work on the drafting of the General Scheme of a Bill to give effect to this commitment is underway in my Department and is expected to be completed during 2021.
606. Deputy Richard Bruton asked the Minister for Justice if a clear distinction is drawn between online games and online gambling; the basis on which the distinction is drawn; and her views as to whether there is a concern that some games are developing the features of gambling. [34839/20]
View answerThe Programme for Government commits to establishing a gambling regulator focused on public safety and wellbeing, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps.
The only current legislation providing for online gambling is contained in the Betting (Amendment) Act 2015 which permits the licencing by the Revenue Commissioners of remote bookmakers and betting exchanges. The role of my Department is limited to the processing of certificates of fitness for applicants for such licences.
There is no current legislation with regard to online video gaming engaged in by individuals. However, I am aware that there has been some attention on issues arising in the context of video gaming. In particular, whether in-game purchases or micro-transactions, described as "loot boxes", "skins" etc., designed to improve the players’ chances of success in inter-active online games, might encourage gambling like behaviour.
I am also aware that there are activities with regard to online game play that may involve third party non-regulated actors which are not authorised by the game developer or under their control.
The issue is whether such micro-transactions constitute gambling or are a form of e-commerce. It is not clear that these offers fall within the current Irish legal definition of gambling or that purchases are essentially an e-commerce activity.
Different approaches have been adopted to the issue of whether and how "loot boxes" might be defined and regulated in the context of gambling activities in Europe, with no definitive outcomes.
This matter is one which my Department and ultimately the new Gambling Regulator will keep under review.
607. Deputy Catherine Murphy asked the Minister for Justice if she has received the necessary information from the Garda authorities in order to answer Parliamentary Question No. 932 of 14 July 2020. [34848/20]
View answerThe programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation.
The Garda Capital Investment Programme 2016-2021, which was announced by the then Minister for Justice and Equality and the then Minister of State at the Office of Public Works on 21 October 2015, provides for a range of capital works in the Garda estate ranging from new Regional and Divisional HQ facilities to enhancing custody management facilities and urgent safety matters in selected locations.
The OPW, as agents and property advisors for An Garda Síochána, advise that the original Capital Plan had earmarked a provision of approximately €60m, of which OPW would provide approx. €42m and An Garda Síochána contribute €18m.
This Capital Plan excluded the Garda Station projects at Kevin Street, Galway and Wexford which were progressed separately to the plan. A total of €100 million was allocated for these works and I can confirm that these projects have been completed.
The PPP element of the Capital Plan which includes new Garda Stations in Macroom and Clonmel is expected to cost approximately €50 million and is currently being progressed with the OPW, AGS and the NDFA.
For the Deputy’s information, the table below, as provided to me by the OPW and the Garda authorities, sets out details of the Capital Expenditure incurred on the Garda Estate in each of the years 2016 – 2019 and to end May 2020 (the latest date for which figures are available).
|
AGS Funded |
OPW Funded |
Amount |
|
|
Year |
€ |
€ |
€ |
|
2016 |
428,000 |
6,105,000 |
6,533,000 |
|
2017 |
1,700,000 |
4,535,000 |
6,235,000 |
|
2018 |
2,715,000 |
7,305,000 |
10,020,000 |
|
2019 |
3,575,000 |
10,007,000 |
13,582,000 |
|
2020 (January – May) |
777,000 |
2,142,000 |
2,919,000 |
|
Total |
9,195,000 |
30,094,000 |
39,289,000 |
608. Deputy Catherine Murphy asked the Minister for Justice the number of car driving and motorcycle instructors' courses that were held in either the Garda Training College or Garda headquarters in 2018 and 2019, in tabular form. [34849/20]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including by arranging for the training of the members and civilian staff of An Garda Síochána and I, as Minister, have no direct role in the matter.
I am informed by the Commissioner that the frequency of those specialised instructor courses is governed by the operational requirements of An Garda Síochána. In this regard, I am further informed that there were no Car Driving or Motorcycle Instructors Courses held at either the Garda College or Garda Headquarters in 2018 and 2019.
609. Deputy Catherine Murphy asked the Minister for Justice the budget allocation to the Garda text alert scheme in each of the years 2018 to 2020; the amount actually spent in each year; and the budget allocation for same in 2021. [34850/20]
View answerAs the Deputy will be aware, the new Programme for Government, Our Shared Future, includes a commitment to support and prioritise community crime prevention, including Text Alert.
For many years, my Department has supported community crime prevention by providing funding for the Community Alert programme, which is operated by Muintir na Tíre in partnership with the Garda authorities. My Department provides funding in relation to the employment and associated costs of the national service, including three of the five regional Development Officers. The long-standing view has been that this is the best use of the resources available to my Department to support effective community crime prevention actions.
Community partnership has been particularly evident in the success of the Garda Text Alert scheme. Since it was launched in September 2013, it has grown quickly with a total of 164,000 subscribers and in the order of 3 million text messages sent annually. Every Garda Division, rural and urban, now offers the text alert service and An Garda Síochána has published guidelines to assist in the establishment and operation of local groups.
At the Ploughing Championships in September 2018, my predecessor, Charlie Flanagan TD, announced that the Text Alert Rebate Scheme would be available to over 1,000 local groups registered under the Garda Text Alert Scheme. Under that Scheme, my Department made in the region of €150,000 available to local communities who wanted to apply for a rebate towards the costs associated with running their local Text Alert Scheme.
The below table outlines the budget allocated and the amount spent for the years in question. Final information in relation to payments as part of the 2020 scheme, which will be paid in 2021, is not yet available, however it is expected that the amounts involved will be similar to the 2019 payment.
|
2018 |
2019 |
|
|
Budget Allocated |
€150,000 |
€150,000 |
|
Budget Spent |
€112,500 |
€124,000 |
