Written Answers Nos. 1-25
7. Deputy Gary Gannon asked the Minister for Justice if consideration will be given to extending the temporary online application process for international student graduates seeking to avail of the third level graduate scheme but are unable to renew in person as they are outside of the State; and if she will make a statement on the matter. [42158/20]
View answerThe Immigration Service of my Department has made significant efforts to support people impacted by the outbreak of COVID-19, including by bringing more applications online, rolling over existing permissions, and introducing a range of other reforms to the services we provide.
Last Friday, the Immigration Service of my Department announced updated immigration arrangements applying to all non-EEA persons holding a Stamp 2 student permission, who wish to avail of the Third Level Graduate Programme but are unable to report to their local registration office to receive a Stamp 1G either because:
- They have returned to their home countries or countries of ordinary residence due to the COVID-19 pandemic, or
- They cannot secure an appointment due to the impact of COVID-19.
It was also announced as a further temporary measure that applications may be submitted electronically to the Registration Office in Burgh Quay in Dublin by emailing bqregofficeapplications@justice.ie. This means that there is no need for anyone to attend in person. All required documentation should be scanned and included in the electronic application.
Where a permission is granted, applicants will still be required to register when they have returned to Ireland or when appointments are available.
This temporary measure will be in place until 28 February 2021 and will be kept under review in light of the restrictions arising from the COVID-19 pandemic.
All other eligibility criteria set out in the 2017 Revision of this Scheme will continue to apply. Full details are available on the Immigration Service website.
Non-EEA students have also benefitted from the rolling extensions of immigration permissions announced by my predecessor and I during the pandemic. This ensures that students enrolled in a course of study can continue to be able to work part-time. The most recent extension is currently in place until 20 January 2021 and is being kept under review in my Department.
15. Deputy Jim O'Callaghan asked the Minister for Justice her plans to legislate for the introduction of domestic homicide reviews. [42426/20]
View answerBefore I start I would like to just take a minute to express my condolences to those that have been impacted by domestic homicides. These are truly devastating events for families, friends and communities and the very real people and real heartache behind such terrible tragedies can never be forgotten.
This is why the introduction of legislation to provide for Domestic Homicide Reviews is such an important commitment in the Programme for Government.
One of the key elements that will feed into delivering on this commitment is the independent study commissioned by the Department of Justice 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.
Minister McEntee recently met with Ms Butler to receive an update in relation to this work. I would stress the importance of recognising that the Advisory Group and their work is independent, and the Department is not involved in the work of the study nor is it a member of the Advisory Group.
Ms Butler will provide a further update on progress made and we expect to receive the report from the Group in early 2021. We look forward to examining the report in detail and will consider any recommendations made as a priority.
I am aware Deputy O’Callaghan proposed a Private Members Bill seeking to ensure that perpetrators of domestic homicides could not benefit through inheritance. I know that Bill has lapsed, but I can inform the Deputy that I am progressing work to amend Section 120 of the Succession Act which will achieve the same objective.
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.
16. Deputy Pa Daly asked the Minister for Justice the number of convictions for possession of drugs in each of the years 2015 to 2019 and to date in 2020; and the number of persons referred to the health diversion programme for the same offences over the same period by Garda division. [41662/20]
View answerAs the Deputy may be aware, the Programme for Government commits to a health-led approach to drugs misuse. Substance abuse and addiction affects people from all walks of life. By treating the use of substances as a public health issue, rather than solely as a criminal issue, we can better help individuals, their families, and the communities in which we all live.
The National Drugs Strategy, Reducing Harm, Supporting Recovery 2017-2025 , provides a roadmap to achieving these aims by promoting a more compassionate approach to people who use drugs, with addiction treated firstly as a health issue.
In line with the recommendations of the Working Group to Consider Alternative Approaches to the Possession of Drugs for Personal Use, the previous Minister for Justice, along with the then Minister for Health and Minister of State with responsibility for the National Drugs Strategy, announced the Health Diversion Approach in August 2019.
This approach allows for persons who are found to be in possession of controlled drugs which are, in the opinion of An Garda Síochána, for personal use to be referred to the HSE for a mandatory health screening and brief intervention in the first offence. For a second offence, at the discretion of An Garda Síochána in consultation with the DPP, the option of the issue of an adult caution instead of prosecution will be available.
An implementation, monitoring and evaluation group, chaired by the Department of Health, is implementing the health diversion programme. The Group is developing proposals to commence implementation of the programme on an administrative basis in a number of locations throughout the country in 2021. As outlined in the Programme for Government, a review of the programme will take place following the first full year of implementation, to ensure that it is meeting all of its aims.
I have been advised by the Courts Service that figures relating to convictions as requested cannot be broken down by Garda division as the Courts record data by Court venue. The Courts Service have advised that Section 3 offences for unlawful possession of drugs for the years specified were as follows:
2015 - 2,625
2016 - 3,726
2017 - 3,514
2018 - 4,915
2019 - 4,195
2020 (to end of October) - 3,438
It is important to note that these are the number of convictions secured and that the number of persons convicted differs as multiple charges or appearances in different Court venues are recorded. A report providing a full breakdown of these figures, as well as convictions for other offences relating to possession for sale or supply, will be provided for the Deputy's information.
17. Deputy Matt Carthy asked the Minister for Justice when the scoping enquiry into the death of a person (details supplied) will be completed; and if she will publish the report of the enquiry without delay once received. [41637/20]
View answerI once again offer my condolences to the family of the late Shane O'Farrell. As I said the last time I spoke on this issue, I understand that he was an exceptional young man and his death was a terrible tragedy.
As the Deputy will be aware, a retired Judge, Gerard Haughton, is currently conducting the scoping exercise into the tragic circumstances surrounding the death of the late Shane O'Farrell.
Judge Haughton furnished an interim report to my predecessor last November and following consultations between the Judge, Shane's family and the Attorney General, the interim report was published on 17 December 2019.
In his interim report, the Judge stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise.
I can confirm that my Department recently received a letter from Judge Haughton updating the Department on his progress. In this correspondence, the Judge requested a further extension of the timeline to 29 January 2021 and set out a clear and detailed rationale for this extension. I understand the Judge has also provided a copy of this letter to the O'Farrell family and I have written to the family to inform them of the extension.
While I genuinely regret this further delay I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible and this requires additional time.
I can assure the Deputy that it is of course open to the Judge to make any recommendation he sees fit in his final report, including the establishment of any form of statutory or non-statutory inquiry. I hope the Deputy will appreciate that it is appropriate to await the recommendation of the final report of this scoping exercise before making any decision in relation to further inquiries into this matter.
I can confirm to the Deputy that it is my intention to publish the outcome of the scoping exercise, subject to the advice of the Attorney General.
18. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which extra Garda resources can be deployed to counter an increase in crime including organised crime in the approach to Christmas; and if she will make a statement on the matter. [42499/20]
View answerAs the Deputy will be aware, An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. The significant level of funding provided over recent years is enabling sustained, ongoing recruitment of Garda members and staff. As a result, there 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.
Under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the general management and administration of Garda business, including decisions on operational deployment of members and resources. As Minister, I have no role in these independent functions.
However, I am informed by the Garda authorities that the Winter Phase of Operation Thor commenced on 1st October 2020 and will run until the end of March 2021. Operation Thor is designed to specifically tackle the anticipated increase in the number of burglaries and associated criminal activity that usually occur in winter months by undertaking targeted enforcement and preventative activity. This initiative has successfully reduced the rate of winter burglaries, leading to a significant decline of 40% in property related crime since its introduction in 2015.
With regard to organised crime, sustained action by An Garda Síochána has continued unabated throughout the pandemic, bringing significant convictions and ongoing seizures of drugs, firearms and ammunition. In the first six months of 2020, Garda operations to counter organised crime resulted in the seizure of €13.6m in illicit drugs, 13 firearms and 2,000 rounds of ammunition.
This work has continued throughout the autumn and winter months including the seizure of approximately €7 million of cannabis on 23rd October. The Deputy may also be interested to note an operation on 3rd November whereby the Garda National Drugs and Organised Crime Bureau (GNDOCB) seized cannabis with an estimated street value of €1 million in the Kildare area.
Finally, I am informed by the Garda Authorities that the bureau seized over €7.5 million in cash from the start of the year up until the 31st October.
19. Deputy Alan Dillon asked the Minister for Justice the number of new Garda recruits and priorities to combat rural crime; and if she will make a statement on the matter. [41277/20]
View answerI can assure the Deputy that I am very much aware of the impact of crime on rural communities and I am committed to ensuring that there is strong, visible community policing right across rural Ireland.
The Programme for Government, Our Shared Future , underlines the need for close engagement between An Garda Síochána and local communities. This is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction. Consequently, the Programme for Government commits to prioritising visible policing in rural and urban communities.
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.
There are now some 14,600 Garda members and over 3,000 Garda staff nationwide and Budget 2021 will allow for the recruitment of up to 620 new Gardaí and an extra 500 Garda staff. There will also be continued investment in the Garda Fleet of €8 million in addition to the highest ever investment of approximately €15 million in the Garda Transport Fleet in 2020 – a proportion of which relates to the Garda Covid response.
The Deputy may wish to note that the number of Community Gardaí assigned to the Mayo Division has increased, from 3 at the end of 2017, to 12 as of 31 October 2020.
The official categorisation as a Community Garda simply refers to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. However, it is important to note that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing whilst performing their duties. This has never been more evident than in the work carried out by all members of the Gardaí as we have tackled the COVID-19 pandemic.
While An Garda Síochána have provided exceptional service in assisting the national effort to combat the threat of COVID-19, ordinary policing has also continued unabated throughout the pandemic.
The Winter Phase of Operation Thor began on 1 October 2020 and will run until the end of March 2021. Operation Thor is designed to specifically tackle the increase in the number of burglaries and associated criminal activity that usually occurs in the winter months by undertaking targeted enforcement and preventative activity. This initiative has successfully reduced the rate of winter burglaries, leading to a significant decline in property related crime since its introduction in 2015.
This initiative has successfully reduced the rate of residential burglaries at this time of year by 41% since its introduction in 2015.
20. Deputy Patrick Costello asked the Minister for Justice the steps being taken to ensure family contact for prisoners is maintained at normal levels during Covid-19 restrictions; and if she will make a statement on the matter. [41668/20]
View answerI appreciate the Deputy's concern and thank him for raising the issue which I know is very important to prisoners and their families.
I am assured that every effort has been made by the Prison Service to continue physical visits during this pandemic. As the Deputy is aware, it was necessary to suspend physical visits to prisons, firstly in March and again in October, following public health guidance. The Service is acutely aware of the need for prisoners to maintain contact with their families and a new video visit system was introduced which has allowed families to continue to support those in custody and the feedback from both prisoners and their families about this has been generally positive. The Prison Service fully appreciate how important contact with family and friends are to people in custody. When physical visits recommence, the Service will also retain the option of video calls for prisoners.
I understand that additional phone calls have been also been facilitated.
The IPS has announced arrangements to allow all those in custody to book a physical family visit between 16 December and 6 January. Each prisoner will be entitled to one physical visit, limited to two people, which is limited to 15 minutes in duration. I understand this time limit is necessary to ensure that the maximum number of visits can be facilitated, having regard to the need to reduce the number of booths in use for distancing purposes and the need to fully sanitise surfaces between visitors. All visits will be behind clear screens and visitors and prisoners will be required to wear a face mask at all times. No physical contact will be permitted.
All visitors will also be subject to the Covid-19 screening procedures which have been in place since March and visitors are requested not to attend if they have any symptoms, have been in contact with a person who has gone for testing, if they themselves have tested positive for Covid and have yet to be cleared by their doctor, or if they have been abroad in the preceding fortnight.
Prisoners will continue to be able to avail of a 20 minute video visit and an additional daily phone call is also being facilitated during the Christmas period.
I understand this is very difficult for the families concerned, particularly after such a difficult year. However, the IPS have worked tirelessly to safeguard prisoners and staff and this continues to be the primary consideration. We are all hoping next year will be a very different year but for now IPS must continue to ensure that the prison population is protected from the virus and they are continuing to make use of alternative means of keeping prisoners and their families connected.
[Following the return to Level 3 under the Governments Framework for Living with Covid-19, the IPS will be facilitating temporary release for a small cohort of prisoners as is the normal practice at Christmas. Applications are currently being assessed and as always public safety will be paramount in making any decision. Prisoners will be required to quarantine on their return to prison. Further details on this will be announced by the IPS later this month.]
21. Deputy Colm Burke asked the Minister for Justice if she will report on the reform of the family law system including the Courts Service; her wider plans to reform this important area of law which impacts on many; and if she will make a statement on the matter. [41560/20]
View answerI am determined to overhaul the operation of the Family Justice system, to ensure we have more efficient and user-friendly family court system, that puts the family at the centre of its work.
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 driving progress on the development of a national family justice system. The group is a high-level group that will co-ordinate the delivery of the various elements of this project.
I am due to meet with the Group in the morning where plans for a consultation process to be commenced in the New Year will be discussed. Recognising the importance of taking account of the voice of the child, a consultation aimed specifically at ascertaining the views of children who engage with the family justice system will also occur.
The consultation process will provide an opportunity for all those involved in family justice, both as practitioners and users, to participate in the development of a modernised national family justice system. This is not just about providing the necessary infrastructure, we need to ensure that all necessary ancillary supports are available to support the development of a robust and compassionate 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 to provide for court procedures that support a less adversarial resolution of disputes.
In September, I secured Government approval to draft the Family Court Bill.
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.
22. Deputy Jennifer Murnane O'Connor asked the Minister for Justice her plans to complete the progression of the Harassment, Harmful Communications and Related Offences Bill 2017; and if she will make a statement on the matter. [42419/20]
View answerSince my appointment as Minister, I have made the enactment of the Harassment, Harmful Communications and Related Offences Bill 2017, which I know will be known as Coco's Law, by the end of the year a top priority.
I know from recent correspondence received from the Deputy that she fully agrees that legislation in this area needs to be enacted as quickly as possible. I am very grateful that my request for extra Dáil and Seanad time to be made available to allow the Harassment, Harmful Communications and Related Offences Bill to complete its passage before the end of the year, could be facilitated.
As the Deputy is probably aware, at Committee stage last week I brought forward a range of amendments to the Bill as presented by Deputy Howlin, including to provide for two new offences to deal with the non-consensual distribution of intimate images, which have been accepted. These 2 new offences will make it a crime to distribute intimate images of a person without consent, regardless of the motivation for doing so.
Consenting to the taking of an image will be irrelevant, if it is subsequently published or distributed without consent. The penalties being proposed are serious to reflect the level of harm caused to the victims of such offences
It will be an aggravating factor for the purposes of sentencing if the perpetrator is, or was, in an intimate relationship with the victim. This will allow a judge to consider the additional harm a victim suffers as a result of the betrayal of trust that would have formed part of their relationship with the perpetrator.
My Government colleagues and I are committed to tackling abusive behaviour in all forms. Harassment and abuse is utterly unacceptable, whether online or offline, and it has no place in Irish society.
I would like to acknowledge the cooperation of Deputy Brendan Howlin in advancing the proposed amendments. I very much welcome the widespread support expressed for enacting this legislation, including by the Deputy, and I look forward to this Bill being enacted before the year end.
23. Deputy Aindrias Moynihan asked the Minister for Justice the number of cases waiting to be heard by the various courts serving Cork on 4 December 2020, in tabular form; the same for 4 December 2019; the measures being undertaken to address the backlog of cases; and if she will make a statement on the matter. [42352/20]
View answerUnder the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made regarding the cases in Cork city and county. The Courts Service has provided information in tabular format as requested, which I shall make available to the Deputy.
The number of cases waiting to be heard by the various courts serving Cork on 4 December 2020, in tabular form
The Courts Service has advised that in the time available, it is unfortunately not possible to collate all of the information sought by the Deputy. In addition, some of the Courts Service’s systems do not allow a collation of information for specific dates such as 4 December or retrospectively back to 2019. However, in order to be helpful to the Deputy, the Courts Service have advised the following which is based on data collated at intervals by the Courts Service throughout the year.
In relation to the Circuit Court, Cork Circuit Court had at 4 December 2020:
|
Type of Business |
Number of cases on hand |
|
Circuit Family Court hearings |
140 cases listed for hearing |
|
Circuit Civil Court hearings |
750 cases listed for hearing |
|
Circuit Criminal Court Trials |
133 trials listed and 77 for sentencing |
The Courts Service’s systems do not allow it to measure the numbers of cases on hand for hearing this time last year. However, the data collated shows that at the end of Q3 2020, there has been a 64% reduction in the numbers of civil cases disposed of and 14% reduction in the numbers of family law cases disposed of when compared with the same period in 2019.
The data in relation to the District Court is measured differently:
|
Location |
Criminal (Summonses Cases) Awaiting Hearing |
Family Law Cases Awaiting Hearing |
Civil Cases Awaiting Hearing |
|
Cork |
10,031 |
803 |
225 |
|
Clonakilty |
2117 |
98 |
19 |
|
Mallow |
3106 |
176 |
55 |
|
Youghal |
323 |
14 |
5 |
The public health guidelines limit the numbers of people who can circulate in indoor venues and court buildings are no exception to this. In addition to enhanced cleaning, people traffic management and sanitisation facilities, arrangements have been put in place to ensure social distancing in courthouses to ensure public safety. In order to manage the numbers of people attending courthouses, court lists have been staggered to prevent overcrowding. The net effect is that regretfully fewer cases can be listed every day to ensure that maximum attendance levels in courthouses are not exceeded.
Throughout the COVID-19 period, the Courts Service along with the President of the District Court has been prioritising criminal and urgent family law matters.
The Courts Service has been working to add capacity to the system. The Government’s stimulus package assigned €5m to the Courts Service, which has been used to lease extra facilities to conduct court hearings and for jury empanelment. In addition, the additional funding has been used to install additional video technology facilities to facilitate remote court sittings. I am advised that the remote court facilities using video technology installed in Cork has been used 35 times since the start of the COVID-19 pandemic and has been most frequently used since the start of October. €5.7 million of additional funding was provided in the Budget for the Courts Service, including for additional premises in Dublin and regional locations to enable court sittings to take place in a socially distanced and safe environment.
The Courts Service has also been working with Judges to arrange additional sittings, hold callovers of cases and other initiatives to help mitigate the effect of any arrears that have developed.
Circuit Criminal Court Trials began in Cork for the week beginning 30th November 2020. The Court Service continues to make progress and to adjust their plans in line with emerging developments with the overall aim being to work towards getting back to waiting times that are better than pre-Covid levels in due course.
24. Deputy Paul McAuliffe asked the Minister for Justice the progress in tackling the issue of catalytic converter thefts from cars; and if she will make a statement on the matter. [42330/20]
View answerI am very conscious of the impact of this form of theft on car owners, and in particular on those owning particular types of hybrid vehicles. I understand that the current interest in catalytic converter theft may be directly associated with the current high price of palladium available on the market.
Garda management in the Dublin Metropolitan Region have taken a proactive, co-ordinated and targeted approach in response to this issue. Information and intelligence in relation to individuals and gangs involved in the theft of catalytic converters continues to be assessed, evaluated and developed. This approach has resulted in a number of successful Garda operations this year in the DMR. Gardaí have delivered a number of co-ordinated and managed arrests of individuals identified as being involved in or associated with thefts of these devices and searches of certain locations and properties which resulted in the seizure of catalytic converters.
The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for offences of theft, the handling of stolen property and the possession of stolen property. The offence of theft provided for by this legislation would, based on the broad nature of the offence, include the theft of ‘scrap metal’ and ‘catalytic converters.’ Maximum sentences of 10 years are provided for in the case of offences of theft and handling of stolen property; while maximum sentences of 5 years are provided for the offence of possession of stolen property.
Irish law relating to the sale and purchase of scrap metal is a matter for the Department of Communications, Climate Action and Environment and arises under the Waste Management Act 1996. The Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 apply to the sale and purchase of scrap metals and were designed to improve the traceability of such scrap metal sales. The regulations impose an obligation on businesses to apply due diligence measures to ensure the traceability of any waste purchased.
Officials from my Department are involved in the Metal Theft Forum, which is a collaborative working group between State stakeholders and industry representatives to improve information sharing around the issue of metal theft.
Community Gardaí are also available to provide crime prevention advice to residents groups in areas affected by thefts, and Garda members keep injured parties appraised as to the status of investigations at all times.
25. Deputy Cathal Crowe asked the Minister for Justice if her Department has future plans to commemorate the Royal Irish Constabulary. [42212/20]
View answerAs the Deputy will be aware, the Decade of Centenaries is a programme of commemoration of the period from 1912 to 1923. The Programme is broad and inclusive, complementing the on-going programme of formal State commemorations with special centenary events on the anniversaries of key historical events. It seeks to record the economic and social conditions of the period, the shifts in cultural norms as well as the experience of the Irish abroad.
The Government’s approach is grounded in the principles laid out by the Expert Advisory Group on Centenary Commemorations. The Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media are responsible for the development and delivery of a cross-governmental programme to mark Phase II of the Decade of Centenaries, which is running from 2019 to 2023.
As the Deputy has referenced, an event had been planned to mark the role in Irish history of the Dublin Metropolitan Police and Royal Irish Constabulary. My predecessor decided earlier this year to defer this event pending further consultation, including with the Expert Advisory Group on Centenary Commemorations, the All-Party Consultation Group on Commemorations and with other stakeholders.
My Department is still considering how best to mark the elements of Phase II of the Decade of Centenaries programme which fall within the Justice sector, including the centenary of An Garda Síochána, the establishment of the Courts, and the history of the Department itself. However, there are no plans to reschedule the event which was postponed earlier this year.
