Martin Browne
Question:446. Deputy Martin Browne asked the Minister for Justice the number of gardaí by rank attached to Garda human trafficking investigation and co-ordination unit as of 7 December 2020. [43106/20]
View answerGarda Deployment
Questions (446)
Written answers
As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands. This includes deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in the matter.
I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.
The Human Trafficking Investigation and Coordination Unit (HTICU) forms part of the Garda National Protective Services Bureau (GNPSB) and falls under the remit of Assistant Commissioner, Organised & Serious Crime (OSC), Harcourt Square, Dublin 2. The following table, furnished to me by the Garda authorities, details the number of Gardaí by rank which were attached to the Human Trafficking Investigation and Coordination Unit as of 7 December 2020.
|
Superintendent |
1 |
|
Inspector |
1 |
|
Sergeant |
4 |
|
Garda |
13 |
|
Executive Officer |
1 |
|
Clerical Officer |
2 |
|
Total |
22 |
Private Security Authority
Questions (447)
Martin Browne
Question:447. Deputy Martin Browne asked the Minister for Justice if she has formally met with the CEO of an organisation (details supplied) since her appointment; and if so, when she will next meet the CEO. [43107/20]
View answerWritten answers
As the Deputy may be aware, the Private Security Authority is an important independent agency under the aegis of my Department, which is responsible for the licensing and regulation of the private security industry. The Authority is responsible for a broad remit ranging from cash in transit, to the security personnel you see in many businesses, to locksmiths, alarm installation and monitoring companies.
I wish to assure the Deputy that I very much appreciate the work of the Authority and in early November I welcomed the publication of the Private Security Authority Annual Report for 2019. The report acknowledges the security industry’s continued growth in line with overall economic growth. In addition, I also recently participated in the Irish Security Industry Association Annual awards ceremony on 4 December 2020.
I can inform the Deputy that although I have not yet had an opportunity to have a formal meeting with the Chief Executive Officer yet, my officials are in regular contact with the Authority. I should also mention that the Chair of the PSA attended the 5th Annual Ministerial Roundtable with the Agencies which I hosted virtually in September.
Citizenship Applications
Questions (448)
Bernard Durkan
Question:448. 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. [43127/20]
View answerWritten answers
An application for a certificate of naturalisation was received from the person referred to by the Deputy on 30 July 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.
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. However, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Citizenship Applications
Questions (449)
Bernard Durkan
Question:449. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in respect of 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. [43187/20]
View answerWritten answers
An application for a certificate of naturalisation was received from the person referred to by the Deputy on 18 September 2017. I understand that this application is currently in the latter stage of processing with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.
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. However, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Garda Data
Questions (450)
Maurice Quinlivan
Question:450. Deputy Maurice Quinlivan asked the Minister for Justice the number of gardaí assigned to each Garda station in Limerick; and if she will make a statement on the matter. [43242/20]
View answerWritten answers
The 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.
I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.
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.
To be of assistance to the Deputy, appended to this answer is a breakdown of the Garda numbers in Limerick furnished to me by the Garda authorities, as of 31 October, the latest date for which figures are available.
Detailed information in relation to Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country. The information can be found at the following link: http://www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_October_2020.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_October_2020.xlsx.
Additional information on Garda staff, the Garda Workforce and other facts and figures are available at the following link: www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
GARDA STATISTICS MONTH ENDING 31 October 2020
|
Division |
District |
Station |
GD |
SG |
IN |
SU |
CS |
AC |
Total |
|
LIMERICK |
BRUFF |
BALLYLANDERS |
1 |
1 |
|||||
|
BRUFF |
29 |
6 |
1 |
36 |
|||||
|
BRUREE |
2 |
2 |
|||||||
|
CAPPAMORE |
1 |
1 |
2 |
||||||
|
HOSPITAL |
1 |
1 |
|||||||
|
KILMALLOCK |
3 |
1 |
4 |
||||||
|
MURROE |
2 |
2 |
|||||||
|
PALLASGREEN |
2 |
2 |
|||||||
|
TOTAL |
41 |
8 |
1 |
50 |
|||||
|
HENRY STREET |
ARDNACRUSHA |
2 |
2 |
||||||
|
CASTLECONNELL |
3 |
1 |
4 |
||||||
|
HENRY STREET |
223 |
30 |
8 |
2 |
1 |
264 |
|||
|
MARY STREET |
1 |
1 |
|||||||
|
MAYORSTONE PARK |
43 |
9 |
1 |
53 |
|||||
|
TOTAL |
271 |
40 |
10 |
2 |
1 |
324 |
|||
|
NEWCASTLE WEST |
ABBEYFEALE |
7 |
1 |
8 |
|||||
|
ADARE |
2 |
2 |
|||||||
|
ASKEATON |
8 |
1 |
9 |
||||||
|
ATHEA |
1 |
1 |
|||||||
|
BALLINGARRY |
1 |
1 |
|||||||
|
CROOM |
3 |
1 |
4 |
||||||
|
DRUMCOLLOGHER |
1 |
1 |
|||||||
|
FOYNES |
1 |
1 |
|||||||
|
GLIN |
1 |
1 |
|||||||
|
NEWCASTLE WEST |
37 |
5 |
1 |
1 |
44 |
||||
|
PALLASKENRY |
1 |
1 |
|||||||
|
RATHKEALE |
8 |
1 |
9 |
||||||
|
TOTAL |
71 |
9 |
1 |
1 |
82 |
||||
|
ROXBORO ROAD |
BALLYNEETY |
2 |
2 |
||||||
|
CAHERCONLISH |
3 |
3 |
|||||||
|
PATRICKSWELL |
4 |
4 |
|||||||
|
ROXBORO ROAD |
106 |
22 |
3 |
1 |
132 |
||||
|
TOTAL |
115 |
22 |
3 |
1 |
141 |
||||
|
LIMERICK Total |
498 |
79 |
14 |
5 |
1 |
597 |
Property Management Companies
Questions (451)
Louise O'Reilly
Question:451. Deputy Louise O'Reilly asked the Minister for Justice the way in which property management companies are regulated; the provisions that exist for their effective regulation; and her plans to introduce further and stronger provisions for the regulation of property management companies. [43250/20]
View answerWritten answers
The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Acts, the members of which are the owners of residential units within the development and which are established for the purposes of ownership and management of the common areas.
Statutory provisions governing the regulation of companies, including those governing the memorandum and articles of association, the appointment and responsibilities of directors and requirements for submitting annual financial returns, are set out in the Companies Acts.
The Government has committed in the Programme for Government to conduct a review of the existing management company legislation.
Immigrant Investor Programme
Questions (452)
Denis Naughten
Question:452. Deputy Denis Naughten asked the Minister for Justice if the Competition and Consumer Protection Commission issued correspondence to her Department with regard to the processing of immigrant investor programme applications for investments within the beef processing sector; if the correspondence made reference to submissions by the Department of Agriculture, Food and the Marine; and if she will make a statement on the matter. [43256/20]
View answerWritten answers
The Immigrant Investor Programme (IIP) provides non-EEA nationals with a number of options to invest in Ireland, and successful applicants are granted a permission to reside in Ireland for a fixed period, which is renewable.
Project applications are assessed by an Evaluation Committee, composed of senior civil and public servants from relevant Irish Government Departments and State Agencies involved in enterprise development in Ireland. The projects assessment process involves an examination of the profile of the applicant and an assessment of: the commercial viability of the project; employment outcomes associated with the proposed investment; and the overall benefit to the Irish State. Where necessary the Evaluation Committee will request policy input from the relevant policy Department, if they are not already represented on the Committee. The current structure ensures that I,as Minister, can benefit from expertise beyond that available in my own Department.
The Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the individual application will be submitted to me for final approval.
I can confirm that a letter was received by my Department from the Competition and Consumer Protection Commission (CCPC). However, the correspondence does not reference any particular IIP project or submissions received from the Department of Agriculture, Food and the Marine. The issues raised in the letter have been brought to the attention of the Evaluation Committee and where any issues of competition arise in relation to a project the advice and guidance from the CCPC will be sought as necessary.
Garda Data
Questions (453)
Michael McNamara
Question:453. Deputy Michael McNamara asked the Minister for Justice the number of barricade hostage incidents involving gardaí in the first eleven months of 2020; and the number in 2019. [43273/20]
View answerWritten answers
The Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána.
I am advised by the Garda Commissioner that the National Negotiation Unit (NNU) has a panel of trained Garda Negotiators spread across the State as an on-call resource. These negotiators can be deployed to any incident of the type described by the Deputy to begin dialogue with a view to influencing a safe conclusion. Training, deployment and governance of these negotiators rests with the NNU.
I am informed by An Garda Síochána that for the year 2019, the National Negotiation Unit (NNU) were activated on 98 occasions for various types of incidents.
The breakdown for these calls were as follows:
Mental Health 35
Mental Health Barricade 32
Criminal 18
Extortion 1
Possible Kidnap / Hostage 2
Planned Operation 1
Possible CRI Alert 1
High Risk Missing Person 2
Mobile Suspect 1
No Offence 2
Assistance to Department of Foreign Affairs and Trade 3
The NNU have been activated on 89 occasions up to and including the 30th of November 2020. The breakdown of these calls was as follows:
Mental Health 17
Mental Health Barricade 21
Criminal 41
Possible Kidnap / Hostage 1
Possible CRI Alert 1
Assistance to Department of Foreign Affairs and Trade 4
Assistance from on call Mental Health Professionals 3
High Risk Missing Person 1
The Deputy should note that the requests for assistance from the on call Mental Health Professionals in relation to the fitness of subjects for interview is not a figure that would have been recorded in previous years. Many of the incidents recorded as Criminal in nature would also have an underlying Mental Health issue which would have acted as a contributing factor.
Covid-19 Pandemic
Questions (454)
Pa Daly
Question:454. Deputy Pa Daly asked the Minister for Justice the options explored in relation to the socially-distanced swearing in of juries for trials in Tralee courthouse; if any venues were examined; and if she will make a statement on the matter. [43319/20]
View answerWritten answers
Under 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 and the Courts Service have advised me that an assessment of all courtrooms and courthouses was undertaken nationally to assess how many persons can safely attend court while ensuring social distancing and public health guidelines are observed.
The Courts Service has advised there is no capacity in the Tralee courthouse to accommodate jury trials. The capacity of the District courtroom is 15 and the Circuit courtroom is 19. A jury trial requires a courtroom that would have a capacity of at least 25 persons including the judge, registrar, solicitors, barristers, accused, alleged injured party, gardaí, family of accused and alleged injured party, members of the press and a jury of 12. The courthouse would also require a room to accommodate a socially distanced jury for deliberations. In many courthouses, courtrooms are used for this purpose.
Alternative arrangements were made to facilitate jury trials on the South Western Circuit in Limerick Courthouse Mulgrave Street, with Kerry Circuit Court sitting in Limerick from the beginning of December for 3 weeks. 23 trials were listed for hearing during that period. While jury trials have been moved to Limerick Courthouse, the sentencing hearings for cases with a guilty verdict are scheduled to take place in Tralee.
Venues where Circuit Court criminal trials cannot be run, such as Tralee, will continue to be used to transact civil and family law business as well as criminal business for the District Court in the interim.
Finally, in terms of the provision of a new Courthouse in Tralee, discussions between the Courts Service and Kerry County Council regarding the Island of Geese site have been ongoing since mid-2018 and the site, as well as other options, remain under consideration. The Courts Service would like to expedite the issue as quickly as possible, which will require the approval of the elected members of Kerry County Council. It will be a matter for the Courts Service to decide on the final location of the Tralee Courthouse.
Citizenship Applications
Questions (455)
Bernard Durkan
Question:455. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination for citizenship in the case of a person (details supplied); when a decision is likely to issue; and if she will make a statement on the matter. [43367/20]
View answerWritten answers
An application for a certificate of naturalisation was received from the person referred to by the Deputy on 15 April 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.
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. However, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Wards of Court
Questions (456)
Catherine Connolly
Question:456. Deputy Catherine Connolly asked the Minister for Justice the number of persons that were made wards of court in 2019 and to date in 2020; the reason for the discrepancies in the figures provided by her Department in Parliamentary Question No. 488 of 8 December 2020 which stated that 346 persons were declared wards in 2019 and 271 persons to date in 2020, and the figures provided by the Department of Children, Equality, Disability, Integration and Youth in Parliamentary Question No. 441 of 8 December 2020 which held that 385 persons were declared wards of court in 2019 and 269 to date in 2020; the correct figure for the number of persons who were declared wards of court in 2019 and to date in 2020; and if she will make a statement on the matter. [43384/20]
View answerWritten answers
The High Court has jurisdiction in wards of court matters 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 regarding the variations you have raised. The Courts Service has informed me that the figure of 385 in Parliamentary Question No. 441 of 8 December 2020, answered by the Minister for Children, Disability, Equality, Integration and Youth, included 39 minor wards of court in addition to the 346 adult wards of court as referred to in Parliamentary Question No. 488. The Courts Service has also explained that the variation in the figures for 2020 arises as the Courts Service figures are continuously updated. Parliamentary Question No. 488 showed that 2 additional declaration orders had been signed in the time the information was gathered. For the Deputy’s further information, the figure for 2020, as of lunchtime 10 December 2020, stands at 276.
Work is currently underway at the Department of Disability, Equality, Integration and Youth to establish the Decision Support Service to modernise the wards of court system.
The following revised reply was received on 13 January 2021.
The High Court has jurisdiction in wards of court matters 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 regarding the variations you have raised. The Courts Service, had advised “that the figure of 385 in Parliamentary Question No. 441 of 8 December 2020, answered by the Minister for Children, Disability, Equality, Integration and Youth, included 39 minor wards of court in addition to the 346 adult wards of court as referred to in Parliamentary Question No. 488.
The Courts Service have advised my officials that the total number of wards of court in 2019 was correct at 385, however only 21 of these were minors.
Residency Permits
Questions (457)
Seán Sherlock
Question:457. Deputy Sean Sherlock asked the Minister for Justice the estimated number of persons that will be required to exchange their existing immigration residence permit card for a new, different residence permit due to new rules affecting non-EEA family members of UK citizens resident in Ireland under the withdrawal agreement; the additional resources that will be given to the Garda National Immigration Bureau to deal with the increase in demand for registration appointments; and her plans to raise awareness of this new requirement among affected migrant communities. [43389/20]
View answerWritten answers
Non-EEA family members or dependents of UK nationals will continue to hold the same residence rights to live, work or study in Ireland, from 31 December 2020 if they reside here at the end of the transition period and continue to do so.
My Department is putting arrangements in place for those people who come from a country outside the EU (non-EEA), and are a family member or dependent of a UK national, who, as of 31 December 2020, hold a valid Irish Resident Permit (IRP) Card.
It is estimated that approximately 6,000 non-EEA nationals resident in Ireland will need to apply for a new residence document under the Withdrawal Agreement as family members of UK nationals.
Non-EEA family members or dependents of UK nationals will simply be required to exchange their current valid IRP Card for a new one stating that they benefit from the Withdrawal Agreement. This card exchange programme will apply from 1 January 2021 and be administered by the Immigration Service of my Department for applicants nationwide. Applications will be made through an online renewal system.
When making the online application:
- Non-EEA family members or dependents of UK nationals will be asked to confirm that they have been exercising EU Treaty Rights to reside in the State on or before 31 December 2020 and continue to do so.
- They will be asked to submit their current valid Irish Residence Permit card and will be issued a new one.
- They will have until 31 December 2021 to apply.
My Department has created a new Brexit information section on the Immigration Service website which includes information for non-EEA family members of UK citizens resident in Ireland. This is available at http://inis.gov.ie/en/INIS/Pages/Brexit.
Social media content has also been created to sign post available information on the website and this will be published on my Department’s social media channels. The Immigration Service is also developing a detailed frequently asked questions guide which will be published on its website (http://inis.gov.ie) once final details have been agreed in the coming weeks.
Family Reunification
Questions (458)
Seán Canney
Question:458. Deputy Seán Canney asked the Minister for Justice when an application for a joint family visa (details supplied) will be processed; and if she will make a statement on the matter. [43393/20]
View answerWritten answers
The applicant referred to by the Deputy created an online application for Long Stay Join Family (Irish National sponsor) visas on 25 July 2020. The application was received in the Dublin Visa Office for further processing on 6 October 2020. The application is currently awaiting comprehensive examination.
In accordance with the provisions of the Policy Document on Non-EEA Family Reunification, processing of family reunification visa applications, may take up to 6 months to determine from the date the documentation is received in the relevant Visa Office. However, this is a business target and not a legal obligation.
The Visa Office endeavours to have applications processed earlier than this, but this is not always possible. Applications are processed in the order in which they are received and will not normally be processed ahead of others unless there are extremely urgent reasons requiring immediate travel.
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.
Voluntary Repatriation Schemes
Questions (459)
Seán Sherlock
Question:459. Deputy Sean Sherlock asked the Minister for Justice the number of persons who have availed of assisted voluntary return following service of a deportation order in each month since March 2020. [43433/20]
View answerWritten answers
Any third country national who has no basis to remain in the State can seek to return voluntarily to their country of origin. That option is made formally available in the context of persons issued with a notification of intention to deport, under section 3 of the Immigration Act 1999 (as amended), and persons who have had their international protection and permission to remain claims refused under the processes provided for under the International Protection Act 2015.
In both instances, the option of voluntary return is available in the period before a deportation order has been made. By the time the process moves on to the making of a deportation order, the time period for the exercise of the voluntary return option will have expired.
In the period since March 2020, 77 persons were assisted by the International Organisation for Migration (IOM) to return to their countries of origin as part of a formal voluntary return arrangement.
I can also advise the Deputy that in none of those cases had a deportation order been made.
Data Collection
Questions (460)
Catherine Murphy
Question:460. Deputy Catherine Murphy asked the Minister for Justice the number of data access requests GSOC and CAB have made to telecommunications and social media companies in the past three years to date in 2020 under the Communications (Retention of Data) Act 2011; the number of access requests that were approved and declined by the companies that the data was requested from; and the reason the data was sought. [43435/20]
View answerWritten answers
With regard to the Criminal Assets Bureau, I can inform the Deputy that under section 8 of the Criminal Assets Bureau Act, Bureau officers retain the powers and duties conferred upon them by membership of their parent organisations. Bureau Officers include members of An Garda Síochána who are assigned to the Bureau.
I am advised that all applications made by An Garda Síochána under the Communications (Retention of Data) Act 2011, including those emanating from the Bureau, are dealt with centrally by the Telecoms Liaison Unit of An Garda Síochána.
The information provided in response to the Deputy’s question No. 754 of 24th November 2020 with regard to access requests made by An Garda Síochána therefore incorporates the relevant access requests by the Bureau.
In relation to GSOC, that body has provided the following information in accordance with section 81(4)(a)(ii) of the Garda Síochána Act 2005, as amended.
The following table lists all applications that have been made in respect of the 2011 Act between 01 January 2017 and 14 December 2020.
Table – All 2011 Act Applications
|
Category |
2017 Applications |
2017 Returns |
2017 Refusal from CSP |
2018 Applications |
2018 Returns |
2018 Refusal from CSP |
2019 Applications |
2019 Returns |
2019 Refusal from CSP |
|
Subscriber |
15 |
14 |
0 |
11 |
10 |
0 |
0 |
0 |
0 |
|
Call Data ( Mobile & Landlines) |
24 |
14 |
0 |
12 |
11 |
0 |
0 |
0 |
0 |
|
Internet Subscriber |
3 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Internet IP Data |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
The Deputy will be aware of the High Court Judgment of December 2018 which found certain provisions of the 2011 Act inconsistent with EU law and as a consequence the 2011 Act could not be relied on for access to retained data for the purposes of investigating serious crime. While other orders, such as search warrants, would be available to relevant agencies to access data, the 2011 Act was no longer available for the this purpose.
There is no data for 2020 applications as the 2011 Act has not been utilised during this time period.
Data Collection
Questions (461)
Catherine Murphy
Question:461. Deputy Catherine Murphy asked the Minister for Justice the number of data access requests the Data Protection Commission has made to telecommunications and social media companies in the past three years to date in 2020 under the Communications (Retention of Data) Act 2011; the number of access requests that were approved and declined by the companies that the data was requested from; and the reason the data was sought. [43437/20]
View answerWritten answers
I can advise that the Deputy that the Data Protection Commission has confirmed that it is not an authorised body for the purposes of making requests under Section 6 of the Communications (Retention of Data) Act 2011.
Data Collection
Questions (462)
Catherine Murphy
Question:462. Deputy Catherine Murphy asked the Minister for Justice the number of data access requests the special detective unit of An Garda Síochána has made to telecommunications and social media companies in the past three years to date in 2020 under the Communications (Retention of Data) Act 2011; the number of access requests that were approved and declined by the companies that the data was requested from; and the reason the data was sought. [43438/20]
View answerWritten answers
I am informed by An Garda Síochána that the breakdown requested by the Deputy with regard to the information provided in response to PQ No. of 754 of 24 November 2020 is not available.
I am advised that the available information as set out below cannot be disaggregated by reference to the number of requests made under the Communications (Retention of Data) Act 2011 by any one particular operational unit , as requests are not categorised in this manner.
The Deputy will recall that in response to the previous question, I provided the following information:
"I am informed by An Garda Síochána that the following statistics set out the number of data access requests made by An Garda Síochána to telecom companies in 2018 and 2019. I am further informed that the figures for 2020 will be prepared at year end and available early 2021.
|
No. of data access requests made under the Communications (Retention of Data ) Act 2011 by year1 |
|
|
2018 |
13,545 |
|
2019 |
8,110 |
1 Note: These figures include requests by An Garda Síochána for subscriber data under the Data Protection legislation, as it was not possible within the timeframe for response to disaggregate this information for both of the years requested.
An Garda Síochána have in place internal procedures to ensure that requests are scrutinised prior to issue so as to ensure only valid requests are made to service providers, and where relevant data is known to exist.
It is important to state that the figures above do not represent the entirety of communications-related data that may be provided to An Garda Síochána, for example, under other enactments, search warrants or court orders.
The Deputy may also wish to be aware that access requests made to social media companies do not come within the remit of the Communications [Retention of Data] Act 2011 but are dealt with in accordance with Law Enforcement cooperation guidelines which have been put in place by the companies.
Garda Data
Questions (463)
Jim O'Callaghan
Question:463. Deputy Jim O'Callaghan asked the Minister for Justice the numbers of knives seized by An Garda Síochána in 2019 and to date 2020. [43457/20]
View answerWritten answers
The Deputy will be aware that the Garda Commissioner is by law responsible for the management of An Garda Síochána.
However, in order to be of assistance to the Deputy, I have had enquiries made and I am informed by An Garda Síochána that a query was run against the PULSE database on 10 December to identify any object of sub-type ‘knife’ linked as ‘seized’ with any incident reported nationwide since 01/01/2019. All figures are operational so may be liable to change.
The following table displays all nationwide incidents of type described above for the years 2019 (full calendar year) and 2020 YTD (to 10/12/2020).
|
Year Reported |
2019 |
2020* |
|
Count of unique objects of subtype knife |
2142 |
2136 |
*Year to 10/12/2020
As one might expect, as our Garda numbers have been increasing, the enforcement numbers for crimes such as possession of weapons or similar offences would also increase.
Northern Ireland
Questions (464)
Brendan Smith
Question:464. Deputy Brendan Smith asked the Minister for Justice further to Parliamentary Question No. 8 of 10 September 2020, if she will ensure further investigations are carried out into the Belturbet bombing of December 1972 following the submission of a report to her Department (details supplied); and if she will make a statement on the matter. [43504/20]
View answerWritten answers
I thank the Deputy for raising this matter. I know that he has campaigned tirelessly on behalf of the families for many years and, of course, I am in full agreement with him that the perpetrators of this atrocity should be brought to justice.
The bombing of Belturbet on 28 December 1972 was an appalling and callous act of violence that claimed the lives of two innocent young people and injured others. The pain and anguish caused was very evident in the RTE Investigates programme last night as family members recalled the events that took their loved ones away.
The dreadful effects of this attack last to this day; the suffering of those who have lost what was most precious to them goes on. That the perpetrators of this atrocity have never been held accountable for their crimes can only compound the sense of loss.
My deepest sympathies go out to the bereaved and injured and it is my firm desire that the perpetrators will face justice and the families find the answers they seek.
As the Deputy will be aware, the Garda Authorities have previously advised that the bombing and the murders were comprehensively investigated by An Garda Síochána at the time. The Defence Forces provided expert assistance and the investigation involved close liaison with the authorities in Northern Ireland. Despite every avenue of enquiry being pursued at the time there was insufficient evidence to bring the perpetrators of this crime to justice.
The investigation into the bombing and the two murders has not been closed and An Garda Síochána will pursue any new evidence or information that is made available. An Garda Síochána would, of course, work in close co-operation with the PSNI where that could advance the investigation.
Following the Debate in the House in September, I arranged for a copy of the academic article referred to by Deputy Smith, which concerned inter alia the Belturbet Bombing and information on a potential suspect, to be forwarded to the Garda authorities for attention.
I have also requested an update from the Garda authorities on the investigation.
Most importantly, I appeal for anybody with any information that may be relevant to this case, even after nearly 50 years, to bring it to the attention of the Garda Authorities to aid their investigation.
Legislative Measures
Questions (465)
Denis Naughten
Question:465. Deputy Denis Naughten asked the Minister for Justice further to Parliamentary Question No. 4 of 10 September 2020, the progress to date in publishing the Sex Offenders (Amendment) Bill 2018; when it will be published; and if she will make a statement on the matter. [43528/20]
View answerWritten answers
The General Scheme of the Sex Offenders (Amendment) Bill which has been developed by my Department following a comprehensive review of current law and administrative practice, was approved by Government in June 2018. A copy of the Bill is available on my Department’s website.
The Bill is currently with the Office of the Parliamentary Counsel (OPC) for drafting. I want to be in a position to publish the Bill as soon as possible, and to that end my officials are proactively engaging with colleagues in the OPC to advance it.