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Wednesday, 3 Feb 2021

Written Answers Nos. 570-597

European Court of Justice Rulings

Questions (570)

Patrick Costello

Question:

570. Deputy Patrick Costello asked the Minister for Justice the details of the pending cases taken by the European Court of Justice against Ireland; and if she will itemise the daily fines pending or being currently levied. [5301/21]

View answer

Written answers

In respect of matters which are the responsibility of the Department of Justice, the European Commission referred Ireland to the Court of Justice of the European Union (CJEU) in relation to two infringement cases on 3 December 2020. 

These are in respect of:

- Council Framework Decision 2009/829/JHA on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

- Council Framework Decision 2008/909/JHA of on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union 

In relation to Framework Decision 2009/829/JHA, the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 is the relevant transposing legislation and was signed into law on 26 November 2020. A commencement order was signed on 21 January 2021, appointing 5 February 2021 as the date it will come into effect. This will complete the transposition and the EU authorities will be notified accordingly. 

In relation to Framework Decision 2008/909/JHA, the transposing legislation is the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill and drafting is ongoing with the Office of the Parliamentary Counsel. The Bill is on the Government priority list for publication in Spring 2021. On publication, it will be progressed as a priority. 

In relation to the referrals to the CJEU, a court date is awaited and legal submissions will be made by Ireland.  The Court has not ruled on the matter and no financial penalties have been imposed at this time.

Covid-19 Tests

Questions (571, 593)

Seán Haughey

Question:

571. Deputy Seán Haughey asked the Minister for Justice the procedures in place for checking the Covid-19 negative tests of persons entering this country from abroad; and if she will make a statement on the matter. [5323/21]

View answer

James O'Connor

Question:

593. Deputy James O'Connor asked the Minister for Justice the proportion of incoming travellers who have complied with the request to have a PCR test. [5832/21]

View answer

Written answers

I propose to take Questions Nos. 571 and 593 together.

From midnight on 15 January 2021, all passengers arriving into Ireland by air or ferry are required to produce evidence of a negative/not detected RT-PCR Covid-19 test, taken up to 72 hours prior to arrival.

Regulations under the Health Act 1947 underpin these new requirements. Under these Regulations, passengers are legally required to produce evidence of a negative/not detected result from an RT-PCR Covid-19 test when boarding a ferry or aircraft and will be denied boarding by the carrier if they cannot produce such evidence unless they fall into the very limited exemption categories.

Checks of evidence of a negative/not detected RT- PCR Covid-19 test on all arriving passengers into the State are carried out by Immigration Officials of the Border Management Unit of my Department and An Garda Síochána  at ports of entry to the State. All cases where a test result is not available, or where the authenticity of the test result documentation is queried, are referred for further investigation to An Garda Síochána who have a presence at all approved ports of entry to the State.

Since the introduction of these Regulations on 16 January 2021, in excess of 185 such cases have been referred to An Garda Síochána for further investigation at ports of entry nationwide. 150 of these cases relate to arrivals at Dublin Airport. There have been 36,820 arrivals at Dublin Airport since 16 January, which equates to a referral rate of 0.41%.

Passengers who arrive in an Irish port or airport without evidence of a negative/not detected test result or with a confirmed fraudulent test result will commit an offence and may be subject to prosecution, punishable by a fine not exceeding €2,500 and/or imprisonment for a term not exceeding 6 months, or both. In such cases An Garda Síochána will prepare a file for the Director of Public Prosecutions.

Residency Permits

Questions (572)

Bernard Durkan

Question:

572. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [5374/21]

View answer

Written answers

The person referred to by the Deputy has permission to remain in the State, on immigration Stamp 1 conditions, without a requirement to obtain an employment permit, up to 20 April 2021. This is as a result of the temporary extensions of permissions that I and my predecessor have announced due to the COVID-19 pandemic. The automatic extension of permission is on the same basis as the existing permission and the same conditions attach.   

The person concerned has also lodged a formal application for renewal of permission to remain and this application will be processed to completion in due course. 

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.

Home Repossessions Rate

Questions (573)

Noel Grealish

Question:

573. Deputy Noel Grealish asked the Minister for Justice the number of home repossession cases in the courts system in the past 12 months; if the number of such cases before the courts has increased or decreased since May 2020 (details supplied); the number of refusals to allow repossession; the number of successful applications; and if she will make a statement on the matter. [5387/21]

View answer

Written answers

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made regarding the number of home repossession cases in the courts system in the past 12 months.

Unfortunately, it has not been possible for the Courts Service to compile the information in the time available. I will write to the Deputy directly when the information is received from the Courts Service.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 573 which was for answer on 3 February 2021, in which you asked for the number of home repossession cases in the courts system in the past 12 months; if the number of such cases before the courts has increased or decreased since May 2020; the number of refusals to allow repossession; the number of successful applications; and if she will make a statement on the matter. As you will recall, the relevant information could not be obtained in the time available and I undertook to contact you again when the details were to hand.
Unfortunately, it has not been possible for the Courts Service to compile the information in the time available, as had been hoped.
I am informed by the Courts Service that these statistics are compiled on an annual basis for the Courts Service Annual Report. The 2019 Annual Report, which was published last July, is available on the Courts Service website at: https://www.courts.ie/acc/alfresco/9bd89c8a-3187-44c3-a2e9-ff0855e69cb5/CourtsServiceAnnualReport2019.pdf/pdf#view=fitH. You will find information related to repossessions at pages 51 to 52.
However, the 2020 figures will not be available until May, when they are compiled in preparation for the 2020 Annual Report later this year.
The Government is committed to ensuring adequate resources for the courts in order to maintain access to justice for all citizens. This commitment was reinforced recently with the highest ever budgetary allocation for the Justice sector including €158.8 million for the Courts Service. This included €8 million for the new Courts Modernisation Programme along with an additional provision of €5.7m for COVID measures to enable court sittings take place in a socially distanced and safe environment. A significant priority for my Department and the Courts Service in the years ahead will be to significantly invest in digital technology, to transform the experience of practioners and of court users.
I trust that this information is of assistance.

Coroners Service

Questions (574)

Matt Carthy

Question:

574. Deputy Matt Carthy asked the Minister for Justice further to Parliamentary Question No. 661 of 17 November 2020, the reason a coroner's certificate, interim or otherwise, has still not been issued in the case of a person (details supplied); and if she will make a statement on the matter. [5402/21]

View answer

Written answers

At the outset, I would like to again convey my sincere condolences to the family of the deceased. 

In my previous response to you on 17 November last, I explained that Coroners are statutory officers exercising quasi-judicial functions, in relation to which they are completely independent. Neither I nor my department have any function in this regard. 

However, to be of further assistance, officials from my department contacted the coroner concerned, and have received an assurance that the death is registered, and the death certificate is available from any Civil Registration Office.

Individual families may wish to contact the relevant coroner for further details. All coroners’ contact details can be found on www.coroners.ie.

Coroners Service

Questions (575)

Pa Daly

Question:

575. Deputy Pa Daly asked the Minister for Justice the number of coroners or deputy coroners who have been appointed or deputised since the introduction of new legislation allowing same. [5404/21]

View answer

Written answers

The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, contained amendments to the Coroners Act 1962 to provide – should the appropriate need arise in the opinion of a coroner – for the capability for a rapid increase in coronial capacity for a fixed period, by the temporary assignment or appointment of an additional coroner, to work concurrently with the existing coroner for a district.  

To date, I have authorised the assignment of temporary coroners for the Kildare and Meath coroner districts on foot of requests from the coroners from those districts.

Covid-19 Pandemic

Questions (576)

Seán Sherlock

Question:

576. Deputy Sean Sherlock asked the Minister for Justice the amount collected in fines for breaching public health restrictions since the start of the public health restrictions; and the breakdown per county and the areas to which the funds generated from the fines are being allocated in tabular form. [5442/21]

View answer

Written answers

As the Deputy will be aware, responsibility for policing the current Public Health regulations rests with the Garda Commissioner. Further, responsibility for the legislation underpinning the Public Health response lies with my colleague, the Minister for Health.

An Garda Síochána continue to use the 'Four E's' approach in line with their strong tradition of community policing and policing by consent. This sees Garda members Engage with, Encourage and Educate members of the public on public health advice and regulations, with Enforcement used only as a last resort.

Both the Policing Authority and the Gardaí provide regular reports and updates of An Garda Síochána's efforts during this difficult time and I am pleased to note that both the Authority and the Commissioner have noted high levels of compliance by the public and positive interaction between Gardaí and communities.

The Health (Amendment) Act 2020, which amended the Health Act 1947, was signed into law by the President on 25 October 2020. Regulations providing for a new system of fines under the Act were subsequently signed by the Minister for Health on 21 November 2020. The Act allows for a system of fixed penalty notices for those found in breach of those COVID-19 regulations which have been designated as penal provisions. It also allows for a speedier system of fines, without the requirement for the person to be brought before the Courts and prosecuted, up to a maximum of €500 and a person has 28 days to pay the fine after it is issued. The Deputy will appreciate , the Minister for Finance is responsible for the collection and disbursement of all monies paid in respect of such fines.

I am advised by the Garda authorities that, as of 27 January 2021, there have been a total of 1,862 Covid related fines recorded on the Fixed Charge Processing System (FCPS). The current status of these fines is outlined in the following table.  I understand that the majority of fines, 1,172, are still within the 28 day payment period and there are 602 fines which are being processed for printing and postage.  All six fines which have exceeded the 28 day payment period and were not paid have been sent to the Courts Service for a summons to issue. 

No. of Days

Dublin Region

Eastern Region

North Western Region

Southern Region

Grand Total

Being Processed

103

200

130

169

602

Paid

15

42

7

18

82

Within 28 day payment period

210

404

196

362

1,172

Not Paid - Sent to Courts

2

2

0

2

6

Grand Total

330

648

333

551

1,862

The total amount in paid fines to date is €8,1801 .

Fine Amounts

Dublin Region

Eastern Region

North Western Region

Southern Region

Grand Total

Total

1,500

4,180

700

1,800

8,180

 All figures are operational based on Fixed Payment Notices recorded on FCPS as of 28 January, 2021.

 [1] One related to the non-wearing of a face covering (€80), all others relate to leaving home without a reasonable excuse (€100).

EU Directives

Questions (577)

Jim O'Callaghan

Question:

577. Deputy Jim O'Callaghan asked the Minister for Justice the EU directives not yet transposed into law; the deadline imposed by the EU for the transposition of same; the estimated date for transposition into law; and if she will make a statement on the matter. [5504/21]

View answer

Written answers

I wish to advise the Deputy that the EU directives not yet transposed into law, the deadline imposed by the EU for the transposition of same and the estimated date for transposition into law are in tabular form as follows.

Name of Transposition

EU Deadline

Estimated date for transposition

Control of acquisition and possession of  weapons - Directive (EU) 2017/853 of 17 May 2017- Articles 4.3 and Article 4.4

14 December 2019

2021

Marking of firearms – Commission  Implementing Directive (EU) 2019/68 of 16 January 2019

17 January 2020

Summer 2021

Alarm and signal weapons

Commission Implementing -  Directive (EU) 2019/69 of 16 January 2019

17 January 2020

Summer 2021

Mutual Recognition of Custodial Sentences-

Council Framework Decision   2008/909/JHA of 27 November 2008

5 December 2011

Currently drafting, most likely publication in Q1 2021.

Counterfeiting-

Directive 2014/62/EU of the   European Parliament and of the Council of 15 May 2014

23 May 2016

The Criminal Justice (Counterfeiting) Bill was published on 18 December 2020 and is awaiting second stage in the Dáil.

PIF – Protection   of EU Financial Interests-

Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017

06 July 2019

The Criminal Justice (Theft and Fraud Offences) (Amendment) Bill 2020 was introduced in the Seanad and completed all stages on 26 November 2020. Dáil Second Stage started on 27 January 2021 and is continuing 3-4 February 2021.

Fifth AML Directive-

Directive (EU) 2018/843

10 January 2020

The Criminal Justice (Money Laundering and Terrorist   Financing) Bill 2020 was published in September 2020 and   completed Dáil passage on 17 December 2020. Seanad Second Stage was completed on 1 February 2021 and scheduled for Committee Stage 8 February 2021.

Mutual Recognition of Supervision Measures-

Council Framework Decision 2009/829/JHA of 23 October 2009

1 December 2012

The Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Bill 2019 will fully transpose the   Framework Decision. 

 

The Bill was signed on 25 November. Commencement   order signed 21 January, coming into effect 5 February.

Directive (EU) 2019/1023 of the European Parliament   and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the   efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency)

17 July 2021 (except for Article 28) with possibility to extend to 17 July 2022 where Member States encounter particular difficulty in implementing the Directive provided the European Commission is notified by 17 January 2021 of the intention to avail of the   extension.

 

Ireland notified the Commission of the intention to  avail of the extension on 23 December 2020. Deadline for transposition of Article 28(a)-(c) – 17 July 2024; Article 28(d) – 17 July 2026.

The personal insolvency and bankruptcy aspects of the Directive will be given effect in the Personal Insolvency (Amendment) (No 2) Bill.

Leave to Remain

Questions (578)

Rose Conway-Walsh

Question:

578. Deputy Rose Conway-Walsh asked the Minister for Justice the status of the processing of applications for permission to remain; the status of an application by a person (details supplied); and if she will make a statement on the matter. [5506/21]

View answer

Written answers

The person referred to by the Deputy made an application for permission to remain in the State as the spouse of an Irish national in September 2020.  The Immigration Service of my Department will contact the applicant in due course and, once a decision is made, this will be communicated to the person directly.

To be fair to all applicants, applications are processed in chronological order. The Immigration Service endeavours to process applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available. 

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.

Garda Resources

Questions (579)

Barry Cowen

Question:

579. Deputy Barry Cowen asked the Minister for Justice the budget allocation to the Garda air support unit in 2019, 2020 and 2021, in tabular form. [5511/21]

View answer

Written answers

Under the Garda Síochána Act 2005, the Garda Commissioner is responsible for carrying on and managing the administration and business of the organisation as well as for the allocation of Garda resources, in light of identified operational demands.  As Minister, I have no role in those matters.

I understand that the Garda Air Support Unit was established in September 1997 and that it currently comprises one fixed wing aircraft and two helicopters.

I am informed by the Garda authorities that the following table details the total expenditure for the Garda Air Support Unit for the period 2019 and 2020.

Year

Expenditure

2019

€ 3,223,402

2020

€ 4,099,346

It is envisaged that the budget allocated to the Garda Air Support Unit for 2021 will be in line with the prior year and will meet all operational requirements.

Naturalisation Applications

Questions (580)

Mark Ward

Question:

580. Deputy Mark Ward asked the Minister for Justice the number of applicants waiting for a decision on naturalisation; the average wait on a decision; and the top five nationalities that have applied for naturalisation in tabular form. [5516/21]

View answer

Written answers

Approximately 24,000 citizenship applications are currently being processed by my Department. In general, the current target is that it should take around 12 months for a standard application for a certificate of naturalisation to be processed from the date it is received to the date a decision is made.

The average processing time for applications decided in 2020 was 13.5 months. To the end of September 2020, the top five nationalities making applications for citizenship in 2020, were the United Kingdom, India, Romania, Poland, Nigeria.

For a broad range of reasons, some cases will take longer than others to process. Processing timescales can be impacted by incomplete applications having to be returned; further documentation being required from the applicant; where the payment of the required certificate fee is awaited; or if the applicant has not been engaging with the Immigration Service.

In some instances, the input of several government agencies, both within and outside the jurisdiction is needed and the request and receipt of information from these sources can result in delays in processing some applications. Issues can also arise at the final stage of the naturalisation process, for example, where additional information comes to light which is required to be considered before a final decision is taken.  

Additionally, a number of issues have impacted on the processing of citizenship applications over the past 15 months. A High Court case which was subsequently successfully appealed to the Court of Appeal resulted in significant delays. As well as this, a significant backlog has built up regarding the granting of citizenships due to the inability to hold in person ceremonies during Covid-19. Unfortunately, the pandemic has prevented the holding of such ceremonies, which are usually attended by hundreds of people and which have become a welcome addition to our public and civic life.

The combined impact of the Jones judgment and the Covid-19 disruption has resulted in the loss of over six months processing time.  As a result, the processing timeline for standard applications has increased to 12 months.

Last month, I announced that a temporary system is now in place that will help to significantly clear the backlog over the course of this year. The temporary system enables applicants to complete their naturalisation process by signing a statutory declaration of loyalty. This signed statutory declaration replaces the requirement for citizenship applicants to attend citizenship ceremonies, which have been temporarily suspended during Covid-19. The new system is in place from 18 January 2021, and my Department will communicate with applicants regarding the requirements, on a phased basis over the next few months until in-person citizenship ceremonies are able to recommence.

Citizenship Status

Questions (581)

Jennifer Carroll MacNeill

Question:

581. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of and the timeline for the citizenship application by a person (details supplied); and if she will make a statement on the matter. [5567/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 17 September 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.

Court Orders

Questions (582)

Catherine Murphy

Question:

582. Deputy Catherine Murphy asked the Minister for Justice the number of protection orders, safety orders and barring orders granted by the courts by court area in 2019 and 2020, in tabular form; and if she will make a statement on the matter. [5579/21]

View answer

Written answers

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made regarding the number of protection orders, safety orders and barring orders granted by the courts in 2019 and 2020.

I am informed by the Courts Service that these statistics are compiled on an annual basis for the Courts Service Annual Report.  The 2019 Annual Report, which was published last July, is available on the Courts Service website at:

https://www.courts.ie/acc/alfresco/9bd89c8a-3187-44c3-a2e9-ff0855e69cb5/CourtsServiceAnnualReport2019.pdf/pdf#view=fitH.  

However, the 2020 figures will not be available until May, when they are compiled in preparation for the 2020 Annual Report later this year. The Court Service have undertaken to forward a combined table for both years by court area as soon as it becomes available.

From the outset of the pandemic, the Courts Service has prioritised urgent matters including domestic violence applications and this will continue.

Tackling domestic abuse and supporting victims is a key priority for my Department and for the Government as a whole.  This is true in terms of commitments and additional resources made available during the pandemic as well working collectively to put in place a comprehensive range of supports and services to meet the needs of victims of domestic abuse. Last March, in partnership with the NGO sector, we launched the ‘Still Here’ awareness campaign, to ensure those at risk of domestic abuse throughout the pandemic are aware that supports remain available regardless of the level of restrictions in place. In October, I published Supporting A Victims Journey - A plan to help victims and vulnerable witnesses in sexual violence cases, which is a detailed roadmap for the implementation of the recommendations contained in the O'Malley review. A key action of the plan is to increase public awareness of the rights of victims of crime, and of the supports and services available to them. This will be done through the promotion of the Victims Charter, including by the redesign of the Victims Charter website, which will be launched shortly.

The Government is also committed to ensuring adequate resources for the courts in order to maintain access to justice for all citizens. This commitment was reinforced recently with the highest ever budgetary allocation for the Justice sector including €158.8 million for the Courts Service. This included €8 million for the new Courts Modernisation Programme along with an additional provision of €5.7m for COVID measures to enable court sittings take place in a socially distanced and safe environment. A significant priority for my Department and the Courts Service in the years ahead will be to significantly invest in digital technology, to transform the experience of practioners and of court users.

Courts Service

Questions (583)

Catherine Murphy

Question:

583. Deputy Catherine Murphy asked the Minister for Justice the number of courts and the location of each in which audio-visual technology was installed in 2020 to facilitate remote hearings; the spend involved; the payments to companies that installed the technology; and if she will make a statement on the matter. [5580/21]

View answer

Written answers

Under the provisions of the Courts Service Act 1998, management of the courts, is the responsibility of the Courts Service which is independent in its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made with the Courts Service. They have informed me that all of the payments for the audio-visual technology to support remote hearings were made to Fitting Image Ltd. who were the successful candidate following a procurement competition. The following table sets out the locations and costs involved.    

For the Deputy's information, 2,411 remote hearings were held from the onset of the pandemic to 24 December 2020.  A further programme of investment is planned in 2021.

#

Location

AV Technology   Installed

Cost Ex VAT

Cost Inc VAT

Payable to 

1

Harristown   Courthouse, Castlerea, Co. Roscommon

Courtroom video   conferencing solution

€   31,453.03

€   38,687.23

Fitting Image Ltd

2

Supreme Court, Four   Courts, Inns Quay, Dublin 7

Additional monitor   installation 

€ 144.00

€ 177.12

Fitting Image Ltd

3

Courts 1, Court of   Appeal, Four Court Inns Quay, Dublin 7

Additonal monitor   installations

€ 744.22

€ 915.39

Fitting Image Ltd

4

Court 6, Criminal Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,008.00

€   3,699.84

Fitting Image Ltd

5

Court 7, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,257.60

€   4,006.85

Fitting Image Ltd

6

Court 9, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,257.60

€   4,006.85

Fitting Image Ltd

7

Court 10, Criminal Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,257.60

€   4,006.85

Fitting Image Ltd

8

Court 13, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,008.00

€   3,699.84

Fitting Image Ltd

9

Court 15, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,257.60

€   4,006.85

Fitting Image Ltd

10

Court 16, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,257.60

€   4,006.85

Fitting Image Ltd

11

Court 17, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,257.60

€   4,006.85

Fitting Image Ltd

12

Court 19, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   1,262.10

€   1,552.38

Fitting Image Ltd

13

Court 20, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,608.36

€   4,438.28

Fitting Image Ltd

14

Court 21, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   3,257.60

€   4,006.85

Fitting Image Ltd

15

Court 22, Criminal   Courts of Justice, Parkgate St. Dublin 8

Auxillary Jury   Monitors 

€   2,810.36

€   3,456.74

Fitting Image Ltd

16

Court 4, Cork   Courthouse, Anglesea St. Centre, Cork

Auxillary Jury   Monitors 

€   3,134.56

€   3,855.51

Fitting Image Ltd

17

Court 6, Cork   Courthouse, Anglesea St. Centre, Cork

Auxillary Jury   Monitors 

€   3,134.56

€   3,855.51

Fitting Image Ltd

18

Court 4, Limerick   Courthouse, Mulgrave St. Limerick

Auxillary Jury   Monitors 

€   3,813.46

€   4,690.56

Fitting Image Ltd

19

Criminal Courts of   Justice, Parkgate St. Dublin 8

Mobile Video   Conferencing system

€   14,329.48

€   17,625.26

Fitting Image Ltd

20

Court 11, Criminal   Courts of Justice, Parkgate St. Dublin 8

Additional monitors   added to the Judge's bench

€ 902.49

€   1,110.06

Fitting Image Ltd

21

Court 16, Criminal   Courts of Justice, Parkgate St. Dublin 8

Additional monitors   added to the Judge's bench

€ 902.49

€   1,110.06

Fitting Image Ltd

22

Court 17, Criminal   Courts of Justice, Parkgate St. Dublin 8

Additional monitors   added to the Judge's bench

€ 902.49

€   1,110.06

Fitting Image Ltd

23

Court 22, Criminal   Courts of Justice, Parkgate St. Dublin 8

Additional monitors   added to the Judge's bench

€ 902.49

€   1,110.06

Fitting Image Ltd

24

Court 1, Four Courts,   Inns Quay, Dublin 7

HDMI to VGA adapter   for installation at Courtroom rack

€ 529.50

€ 651.29

Fitting Image Ltd

25

Court 2, Four Courts,   Inns Quay, Dublin 7

HDMI to VGA adapter   for installation at Courtroom rack

€ 516.16

€ 634.88

Fitting Image Ltd

26

Court 3, Four Courts,   Inns Quay, Dublin 7

HDMI to VGA adapter   for installation at Courtroom rack

€ 516.16

€ 634.88

Fitting Image Ltd

27

Court 24, Four   Courts, Inns Quay, Dublin 7

HDMI to VGA adapter   for installation at Courtroom rack

€ 516.16

€ 634.88

Fitting Image Ltd

28

Court 31, Phoenix   House, 15/24 Phoenix St. Nth, Dublin 7.

Courtroom video   conferencing solution

€   7,473.20

€   9,192.04

Fitting Image Ltd

29

Court 1, Nenagh   Courthouse, Banba Square, Nenagh North, Nenagh, Co. Tipperary

Courtroom video   conferencing solution

€   38,080.91

€   46,839.52

Fitting Image Ltd

30

Court 16, Criminal   Courts of Justice, Parkgate St. Dublin 8

Courtroom video   conferencing solution

€   35,864.97

€   44,113.91

Fitting Image Ltd

31

Court 21, Criminal   Courts of Justice, Parkgate St. Dublin 8

Courtroom video   conferencing solution

€   35,864.97

€   44,113.91

Fitting Image Ltd

32

Court 13, Four   Courts, Inns Quay, Dublin 7

Courtroom video   conferencing solution

€   35,286.89

€   43,402.87

Fitting Image Ltd

33

Court 15, Four   Courts, Inns Quay, Dublin 7

Courtroom video   conferencing solution

€   34,823.91

€   42,833.41

Fitting Image Ltd

34

Court 2, Drogheda   Courthouse, Patrickswell Lane, Drogheda Co. Louth

Courtroom video   conferencing solution

€   37,842.74

€   46,546.57

Fitting Image Ltd

35

Court 4, Kilkenny   Courthouse, Parliament Street, Killkenny

Additonal Courtroom   monitors

€   4,877.95

€   5,999.88

Fitting Image Ltd

36

Court 3, Kilkenny   Courthouse, Parliament Street, Killkenny

Additonal Courtroom   monitors

€ 800.00

€ 984.00

Fitting Image Ltd

37

Court 20, Criminal   Courts of Justice, Parkgate St. Dublin 8

Courtroom evidence   display solution upgrade

€   13,925.52

€   17,128.39

Fitting Image Ltd

38

Court 1, Phoenix   House, 15/24 Phoenix St. Nth, Dublin 7.

Courtroom video   conferencing solution

€   69,921.13

€   86,002.99

Fitting Image Ltd

 

Total

 

€   413,703.46

€   508,855.26

 

Visa Applications

Questions (584, 585)

Michael McNamara

Question:

584. Deputy Michael McNamara asked the Minister for Justice if visas are being granted under the umbrella of exceptional circumstances at present; and if she will make a statement on the matter. [5587/21]

View answer

Michael McNamara

Question:

585. Deputy Michael McNamara asked the Minister for Justice if it is possible to apply for a study visa at this time; and if she will make a statement on the matter. [5588/21]

View answer

Written answers

I propose to take Questions Nos. 584 and 585 together.

Increasing travel restrictions and the measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19 means that travel may not be possible and, even if possible, is not advisable unless absolutely essential. It is currently against the law for any person (regardless of nationality or passport) to travel within Ireland for non-essential purposes and people can be fined for doing so.

As part of Government efforts to tackle the pandemic, new visa requirements have been introduced for passport holders from a number of South American countries and South Africa. The Order and the associated measures came into effect at midnight on 27 January 2021. The Immigration Service of my Department has also temporarily ceased accepting new visa/preclearance applications, with effect from close of business on 29 January 2021.

While it will still be possible to apply for an Irish visa/preclearance online in the normal manner, these temporary measures mean that applicants will not be able to complete their application process at this time. Any application made online will remain valid, until such time as restrictions are lifted. The Immigration Service intends to resume accepting applications as soon as safety concerns abate.

Certain Priority/Emergency cases will continue to be processed and these include the following:

- Workers or self-employed persons exercising critical occupations including healthcare workers, frontier and posted workers as well as seasonal workers as referred to in the Guidelines concerning the exercise of the free movement of workers during the COVID-19 outbreak;

- Transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting;

- Patients travelling for imperative medical reasons;

- Pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study;

- Persons travelling for imperative family or business reasons;

- Diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and police officers, and humanitarian aid workers and civil protection personnel in the exercise of their functions;

- Passengers in transit;

- Seafarers;

- Journalists, when performing their duties.

If an application falls into one of these categories, an application can be made online in the usual way.

Visa applicants are advised to monitor my Department's immigration website (www.inis.gov.ie) where a Frequently Asked Questions document on the impact of COVID-19 on immigration and international protection is available. This document is regularly updated. Additionally any person intending to travel should also take note of the General COVID-19 Travel Advisory issued by the Department of Foreign Affairs.

These measures are designed to support our public health restrictions on movement, including into and out of Ireland. I would like to repeat the strong advice from Government, is that everyone, regardless of their nationality or visa/preclearance status, or where they started from, who cannot provide proof of an essential purpose to travel to or within Ireland, should not travel to Ireland.

Garda Training

Questions (586)

Mick Barry

Question:

586. Deputy Mick Barry asked the Minister for Justice the training undertaken by members of An Garda Síochána who are armed in dealing with persons facing mental health emergencies; and if she will make a statement on the matter. [5657/21]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána. As Minister, I have no responsibility for these matters

I am informed by the Garda authorities that training with regard to dealing with persons facing mental health emergencies is given to all Armed Support Units during their basic training. I am assured that this is a very detailed course on dealing with Hostage/Barricade/Suicide incidents and, by their very nature, the vast majority of which involve people experiencing mental health emergencies. This training is in co-operation with the Central Mental Hospital.

I am further assured that detailed training in dealing with situations of mental health emergencies is provided to all members of An Garda Síochána, including for those who are armed, as outlined as follows.

BA in Applied Policing

Garda Trainees during a Mental Health Training Module must research the area of mental health and how the Gardaí will deal with the potential challenges faced when presented with an individual possibly suffering from a mental illnesses.

Since 2014, the HSE (National Office for Suicide Prevention) has been a stakeholder in providing training to Trainee Gardaí.  Trainee Gardaí undertake the two day internationally recognised ASIST workshop (Applied Suicide Intervention Skills Training), which is co-delivered with the HSE. The ASIST workshop is a suicide first aid programme which equips trainees with the skills required to discuss suicide with a person at risk and to make an intervention to reduce the immediate risk of suicide. During the two-day workshop, trainees have the opportunity to practice making an intervention with a person at risk of suicide through various role plays. 

Following this workshop, trainees also study legislation on the Mental Health Act 2001 and the procedures that are required if Gardaí invoke their powers.

In addition, Garda Trainees participate in workshops during which they examine the area of vulnerability and minority groups and engage in a summative assessment whereby the trainees must engage in research regarding vulnerabilities amongst minority societal groupings.

The session culminates with the trainees making a presentation on the particular group which they have researched.

Sworn Members

All sworn members were also Trainee Gardaí and have undergone the Foundation Training Programme.  In addition, as sworn members, they received training in relation to Interviewing Techniques which involve identifying and managing interviewee vulnerability.  As part of the interviewee vulnerability session, information is provided regarding identifying mental health and the implications of associated behaviours, depression, anxiety disorders and schizophrenia and strategies on how the interviewer can recognize potential issues and interact with such individuals.

As part of Custody Management training, the following modules are included for the management of mental health patients as prisoners:

- Mental Health,

- Self-Harm, and

- Excited Delirium, Drug and Alcohol abuse.

Also included in the training is an operational application of prisoner management (scenario based training).  There is a focus on subjects with mental health issues in these scenarios.

Continuous Professional Development

As part of the Continuous Professional Development Core Programme for operational members, An Garda Síochána has provided training on Mental Illness Awareness in keeping with the Mental Health Act 2001.  The programme also covered areas of the types of mental illness, Garda powers and procedures and transportation of persons with a mental illness.

Crime Prevention

Questions (587)

Cian O'Callaghan

Question:

587. Deputy Cian O'Callaghan asked the Minister for Justice if her attention has been drawn to the increase of knife crime in the Dublin 17 area; the number of community gardaí deployed in the area; and if she will make a statement on the matter. [5672/21]

View answer

Written answers

The Government is very conscious of the dangers presented by knife crime, and indeed all violent assaults. Clearly any stabbing has the potential to cause irreparable physical harm and tragic consequences and the Government is determined to ensure that similar problems to those which have developed in neighbouring jurisdictions do not develop here in Ireland. 

My Department is keeping the law in relation to sentencing for knife crimes, as well as all other policies around knife crimes, such as targeted interventions, under review.

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, including deployment of personnel among Divisions.  As Minister, I have no direct role in this matter. I am assured, however, that Garda management keeps this distribution of resources under continual review to ensure optimum use.

I am advised that there is a dedicated Community Policing unit within the Dublin 17 area which works closely with local agencies and stakeholders, including Dublin City Council and local youth services. 

As of the 31st December 2020, the DMR North Region, which incorporates the area referred to by the Deputy, has a Community Policing strength of 26 members (4 Sergeants and 22 Gardaí), as well as 7 Juvenile Liaison Officers (1 Sergeant and 6 Gardaí).

To date, the official categorisation as a Community Garda has simply referred to those 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 consider that community policing is at the heart of An Garda Síochána and all Gardaí have a role to play in community policing in carrying out their duties. Indeed, this is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.

An Garda Síochána has an extended power of search without warrant for knives and offensive weapons and Gardaí have secured a substantial number of convictions in the Courts in recent years for possession of a knife or other weapon. 

An Garda Síochána are continuing with their proactive measures to tackle this issue, including their assault reduction strategy, under Operation Soteria, which is targeted at tackling all types of assaults in public, including use of knives.

I am informed that there is an Inspector appointed in the Coolock District within the Dublin 17 area to oversee this operation, which involves the deployment of additional Garda patrols to areas affected by these incidents and monitoring the progress of live investigations with a view to ensuring offenders are brought to justice promptly.

An Garda Síochána also addresses knife crime through education and engagement with community initiatives. 

It is a key priority of An Garda Síochána that victims of crimes where a knife/offensive weapon was used are offered the relevant victim services and support, whilst also being kept apprised on the status of an investigation. The proactive community policing implemented by local Garda management is essential in making communities more inclined to report such crimes to An Garda Síochána, especially when offenders are being prosecuted to the full extent of the law.

Finally, the Deputy may wish to note that I will shortly be bringing to Government a new Youth Justice Strategy. The Strategy will strengthen and expand the role of the Garda Youth Diversion projects and other community-based initiatives, including those working with the Probation Service.  Bringing the full range of relevant interventions together in a coherent and holistic response to youth crime will support the objective of diverting young people from crime and anti-social behaviour, including knife crime.

Family Reunification

Questions (588)

Cian O'Callaghan

Question:

588. Deputy Cian O'Callaghan asked the Minister for Justice if her Department will provide more family reunification places under a new humanitarian admission programme for Syrian refugees and their families; and if she will make a statement on the matter. [5676/21]

View answer

Written answers

The Irish Refugee Protection Programme Humanitarian Admission Programme (IHAP) was announced in May 2018 as part of the Government's plan to realise the full commitment of 4,000 persons agreed under the first phase of the IRPP in September 2015. 

The programme allows holders of an international protection status in Ireland, (i.e. refugees with Convention or Programme Refugee status), holders of Subsidiary Protection grants, and Irish citizens, to make a proposal to me to bring to the State their family members who are nationals of one of the top ten major source countries of refugees as identified by the UNHCR Annual Global Trends Report.

IHAP received proposals for inclusion in the programme within defined periods or ‘windows for submissions’. The first window for accepting proposals ran from 14 May 2018 to 30 June 2018. Processing of the proposals from this first window was completed in 2018. A second window for the submission of proposals ran from 20 December 2018 until 8 February 2019. 

The first IHAP round granted permission to 165 beneficiaries. To date, the second round of the IHAP has granted permission to 592 beneficiaries.

When the IHAP was announced in May 2018, it was envisaged that there would be approximately 530 beneficiaries. In December 2019, the allocation was increased to approximately 740 beneficiaries.

My Department is currently finalising the processing of proposals submitted under the existing programme and the number of persons to benefit from it is likely to exceed the 740 allocation.  

There are no current plans to reopen the programme.

Garda Equipment

Questions (589)

Gary Gannon

Question:

589. Deputy Gary Gannon asked the Minister for Justice if the review of the use of anti-spit hoods by An Garda Síochána has been completed; if so, when the review will be published; and if she will make a statement on the matter. [5778/21]

View answer

Written answers

At the outset I wish to emphasise that the Garda Commissioner is by law responsible for the management of An Garda Síochána and its operations, including the use of protective equipment. As Minister, I have no role in these matters. 

I am informed that the review of the use of anti-spit guards being conducted by An Garda Síochána is now complete, and the report is currently being considered by the Garda authorities in advance of being shared with the Policing Authority. The process of conducting this review, and the question of its publication or the publication of any part of it are of course matters solely for the Commissioner and his management team.

Anti-spit guards have been deployed on relatively few occasions during the COVID-19 emergency.  I fully appreciate the concerns that have been raised about their use, however, it is important to note that the deployment of this equipment has been very limited, and that there are clear safeguards and monitoring in place, including through the oversight of Garda use by the Policing Authority in regular published reporting.

I am looking forward to receiving the results of this review, and to the further discussions that will take place over the use of anti-spit guards on foot of its recommendations. These discussions will involve both An Garda Síochána, the Policing Authority, and all the other relevant bodies. 

Citizenship Applications

Questions (590)

Kieran O'Donnell

Question:

590. Deputy Kieran O'Donnell asked the Minister for Justice if she will address a matter regarding citizenship applications by persons (details supplied); and the timeline for completion. [5790/21]

View answer

Written answers

Applications for a certificate of naturalisation were received from the persons referred to by the Deputy on 31 May 2017. These applications are currently being processed with a view to establishing whether the applicants 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 persons 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 Procedures

Questions (591)

Patrick Costello

Question:

591. Deputy Patrick Costello asked the Minister for Justice if it is Garda policy to leave the engines of Garda vehicles running while at checkpoints; if the effects of the emissions of these vehicles on the occupational health of members of An Garda Síochána, the health of the public, the cost of fuel to the State and the damage to the environment are assessed; and if she will make a statement on the matter. [5797/21]

View answer

Written answers

The Deputy will be aware that the Garda Commissioner is by law responsible for the management of An Garda Síochána, including operational matters and the deployment of resources.  As Minister, I have no role in these matters. 

I am informed by the Garda authorities that the safety of the public and Garda members is paramount and that engines are normally idling at scenes of collisions or at checkpoints to ensure emergency beacons are fully illuminated. The power supply is required for mobility technology and lighting to ensure that the vehicle is in a position to respond to any emergency incident.  

I am advised by the Garda authorities that the use of emergency beacons are essential to provide advanced warning to motorists on approach to checkpoints and enhances the safety of Garda members operating checkpoints or at scenes of a Road Traffic Accident. 

Emissions of vehicles are considered at tender stage by Garda Fleet Management. As part of the Office of Government Procurement (OGP)’s evaluation during the tendering process, vehicle emissions are considered and form a part of the overall award criteria.

I am informed by An Garda Síochána that the cost of fuel to the State is shown in the following table:

 -

Total Fuel purchased 2020 (litres)

Av cost per litre

Total cost

DIESEL

6,456,935

€1.09

€7,038,059

MILESPLUS DIESEL C52

398,988

€1.17

€466,816

UNLEADED

306,040

€1.19

€364,188

MILESPLUS UNLEAD T53

36,819

€1.26

€46,392

Total

7,198,782

 

€7,915,455

Immigration Controls

Questions (592)

Michael Healy-Rae

Question:

592. Deputy Michael Healy-Rae asked the Minister for Justice if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [5817/21]

View answer

Written answers

The Deputy will appreciate that it would not be appropriate for me to comment on any specific immigration case. However, the general information set out as follows will give the Deputy a sense of how any such matter might be viewed by me and my Department.

The criminal laws of the State apply equally to Irish citizens, EU citizens and third country nationals, regardless of the immigration status of the third country national. Therefore, I am satisfied that the existing laws of the State can cater for most if not all scenarios. Additionally, section 3(2) (a) of the Immigration Act 1999 (as amended) provides that a deportation order may be made in respect of a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State.  It is also important to point out that any person being considered for deportation, or indeed for a permission to remain in the State, will have their case considered under a variety of headings, all prescribed in law.

Such factors to be considered will invariably include ‘the character and conduct’ of the person both within and (where relevant and ascertainable) outside the State, including criminal convictions. This position is prescribed in both section 3(6)(g) of the Immigration Act 1999 (as amended) and section 49(3)(c) of the International Protection Act 2015. This assessment will have regard for whether the person in question has come to adverse Garda attention and any other matters of ‘character and conduct’ which are material to the consideration of the individual case.

Where a third country national has disrespected the laws of the State, it will certainly be a factor in consideration of their removal from the State, all other things being equal.

In relation to people seeking international protection who commit a crime, this may or not be material to their international protection claim.  However, if a person commits a serious crime in their country of origin, this can form a basis for having them ‘excluded’ from being declared a refugee or from gaining subsidiary protection status in the State. Nevertheless, any person seeking international protection who commits a crime in the State will have their protection application determined on its merits under domestic and international law. A person granted refugee status can also have their status revoked in certain prescribed circumstances, as set out in section 52 of the International Protection Act 2015.

Permission to remain in the State is typically granted at the discretion of the Minister. Therefore, there is scope for having such a permission revoked, amended or not renewed, on grounds of criminality. Each case will be considered on its own merits and circumstances and fair procedures will be applied. However, it can be taken that the greater the sanction imposed by a Court in the State for a crime committed in the State, the greater the public interest will be in having their permission revoked, amended or not renewed and ultimately, following due process, having them removed from the State.

Question No. 593 answered with Question No. 571.

Departmental Inquiries

Questions (594)

John McGuinness

Question:

594. Deputy John McGuinness asked the Minister for Justice the rationale for the decision taken on five different occasions to extend the scoping exercise being undertaken relevant to the inquiry into the death of a person (details supplied); if she will request that the exercise be completed by 1 March 2021; if she will give consideration to the demand for a full, wide-ranging public inquiry as supported by Dáil Éireann in June 2018; and if she will make a statement on the matter. [5867/21]

View answer

Written answers

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 in November 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 1 March 2021, and set out a clear and detailed rationale for this extension.  I understand from Judge Haughton that he provided a copy of this letter to the O'Farrell family and I have also written to the family to inform them of the extension.

The Judge is of course completely independent in his work, and as Minister I can neither intervene in nor direct the course of the scoping exercise. My Department has been and continues to provide all necessary assistance to the Judge to enable him to complete his work, and the extensions have, as the Judge has stated to the family, been necessitated by the Covid-19 pandemic and the Judge's desire to be as comprehensive as possible in conducting the scoping exercise.

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. With regard to any further extensions, the Judge is of course completely independent in his work on this scoping exercise, and I cannot intervene in the process, nor can I place any restrictions on the Judge.

With regard to the passing of a Dáil resolution in June 2018 calling for a public inquiry into the events surrounding the incident in which Shane O’Farrell tragically lost his life, my predecessor as Minister initiated this scoping exercise to examine various matters. This is a reasonable and responsible approach to take. There are various precedents of scoping exercises being carried out prior to the setting up of inquiries or tribunals. A scoping exercise by a legal expert, to determine the net issues that might require further examination, is an exercise to ensure the success and completeness of any future action taken following the outcome of the scoping exercise.

Judge Haughton has been in contact with the O’Farrell family throughout his scoping exercise. I am awaiting Judge Haughton’s final report to me on the outcome of his scoping exercise and I can assure the Deputy that his final report will be an important part of ensuring that outstanding questions are answered.

Residency Permits

Questions (595)

Bernard Durkan

Question:

595. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to regularise the residency status in the case of a person (details supplied); and if she will make a statement on the matter. [5918/21]

View answer

Written answers

The records available to my Department indicate that the person referred to by the Deputy has no legal status in the State since 8 January 2020. 

The person concerned is advised to write to the Immigration Service of my Department and request to regularise their position in the State. When submitting their request, they should outline their current circumstances, the date of their arrival in the State, their current or most recent permission, if any, to be in the State, along with their future intentions in the State.  

They should enclose a copy of all pages of their passport, along with any documentation that they believe will support their case. The application should be submitted, via registered post, to Residence Division - Unit 2, Immigration Service, 13/14 Burgh Quay, Dublin 2, D02 XK70. 

Matters pertaining to the employment permit system and the options available for obtaining a valid employment permit are a matter for my colleague, the Tánaiste and Minister for Enterprise, Trade and Employment.

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.

Crime Prevention

Questions (596)

Michael Ring

Question:

596. Deputy Michael Ring asked the Minister for Justice the legal position relating to the carrying of a weapon (details supplied); her plans to update the regulations in this regard; and if she will make a statement on the matter. [5922/21]

View answer

Written answers

I share the Deputy's concern on the issue of knife crime, and indeed all violent assaults, and I wish to extend my sympathies to all those impacted by the recent incidents in Dublin. 

We are all familiar with the problems in neighbouring jurisdictions in this regard and the Government is determined to ensure that similar problems do not develop here in Ireland as any stabbing incident has the potential to cause irreparable physical harm and/or tragic consequences, as we have recently witnessed.

There is already a comprehensive and robust legal framework in place for offences involving knives, including heavy maximum penalties.  Under the provisions of the Criminal Justice (Miscellaneous Provisions) Act 2009, the maximum penalty for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years.  An Garda Síochána also has an extended power of search without warrant in relation to knives and offensive weapons. However, my Department is keeping the law in relation to sentencing for knife crimes, as well as all other policies around knife crimes, such as targeted interventions, under review.

I am advised that the Gardaí have secured a substantial number of convictions in the Courts in recent years for possession of a knife or other weapon.

An Garda Síochána is currently operating an Assault Reduction Strategy 2019-2021, which is targeted at tackling all types of assaults, including use of knives. This strategy is informed by a pro-arrest, early-investigation and proactive high-visibility approach. It places particular emphasis on prevention, education and awareness. The strategy promotes early prosecution of offenders where feasible and operationally appropriate.

An Garda Síochána also addresses knife crime through education and engagement with community initiatives. 

At an operational level, I am informed that Gardaí pro-actively target public disorder and anti-social behaviour, including knife-related crime, through the strategic deployment of Garda resources, and areas identified as public order hot-spots by local Garda management are the subject of additional foot and mobile patrols. 

The Deputy will also be aware that my Department will shortly publish a new Youth Justice Strategy which will look at ways to divert people away from crime.  The draft Strategy is currently being refined with reference to the outcome of public consultations and the views of key stakeholders and I expect to be in a position to present the finalised version to Government in the near future. 

Prisoner Complaints Procedures

Questions (597)

Pa Daly

Question:

597. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 1048 of 13 November 2020, if the establishment of the new complaints process within the Irish Prison Service was completed by the November 2020 timeframe. [5924/21]

View answer

Written answers

I have been advised by my officials in the Irish Prison Service that work is continuing on the completion of the necessary actions to introduce the new Prisoner Complaints System including the drafting of the Statutory Instrument which will give legal effect to the new system.

Officials in my Department are continuing to engage with the Office of the Parliamentary Council and the Irish Prison Service with regard to the completing the drafting of the Statutory Instrument.

Unfortunately, it is the case that the restrictions imposed due to the Level 5 Covid-19 restrictions have delayed the completion of this work.

However, I expect that this will be completed very shortly and the Irish Prison Service will then commence the operation of the new Prisoner Complaints System.

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