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Wednesday, 24 Mar 2021

Written Answers Nos. 1228-1252

Court Judgments

Questions (1228, 1234)

Cian O'Callaghan

Question:

1228. Deputy Cian O'Callaghan asked the Minister for Justice the steps she is taking to bring awards to minor injuries in line with international norms; and if she will make a statement on the matter. [14439/21]

View answer

Catherine Connolly

Question:

1234. Deputy Catherine Connolly asked the Minister for Justice her plans for the monitoring of the implementation of the new guidelines on personal injury awards; her plans to announce a review period of the guidelines with a view to ascertaining their impact on insurance premiums and the overall reform of the sector; and if she will make a statement on the matter. [14544/21]

View answer

Written answers

I propose to take Questions Nos. 1228 and 1234 together.

Insurance reform is a key priority for this Government. It is reflected in the Programme for Government itself, in the Government’s Action Plan for Insurance Reform, which was launched last December, and in the Justice Plan 2021, which I published recently.

The Government’s Action Plan for Insurance Reform sets out 66 actions designed to: bring down costs for consumers and business; introduce more competition into the market; prevent fraud and reduce the burden on business, community and voluntary organisations. The Action Plan includes actions to be taken by my department, the Department of Finance and the Department of Enterprise, Trade and Employment. The implementation of the Action Plan is being overseen by the Sub-Group on Insurance Reform within the Cabinet Committee on Economic Recovery and Investment.

Following publication and adoption of the Personal Injuries Guidelines by the Judicial Council, I recently secured Cabinet approval to amend the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to bring the new Guidelines into effect.  The necessary legislation is currently progressing through the Oireachtas.  As regards monitoring the implementation of the guidelines, I will, in line with my commitments under the Action Plan for Insurance Reform, be reporting to the Government on the implementation and early impact of the Guidelines by the end of the year. 

In addition to the adoption and publication of the personal injury guidelines, my department is developing proposals in relation to:

- the Occupiers' Liability Act 1995,

- the discount rate applied to awards in cases of catastrophic injury, and

- the Law Reform Commission Report on the Capping Damages in Personal Injury Actions.

Crime Data

Questions (1229)

Gino Kenny

Question:

1229. Deputy Gino Kenny asked the Minister for Justice the number of and value of cannabis seizures and confiscations in each of the years 2018, 2019 and 2020; and if she will make a statement on the matter. [14442/21]

View answer

Written answers

I have contacted the Garda authorities to provide the information as requested by the Deputy. Unfortunately, this report was not available in time and I will write to the Deputy as soon as it is to hand.

Immigration Status

Questions (1230)

Bernard Durkan

Question:

1230. Deputy Bernard J. Durkan asked the Minister for Justice the correct procedure to be followed by a person in their circumstances (details supplied); and if she will make a statement on the matter. [14453/21]

View answer

Written answers

The person referred to by the Deputy previously submitted an application for a De Facto Relationship to the Immigration Service of my Department on 10 October 2018. This application was examined in detail and a decision was made to refuse the application on 29 April 2019.

It is open to the person concerned to submit a new application for preclearance under the Irish Nationals De Facto Partners programme.

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 (inisoireachtasmail@justice.ie), 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.

Question No. 1231 answered with Question No. 1192.
Question No. 1232 answered with Question No. 1191.

Citizenship Applications

Questions (1233)

Bernard Durkan

Question:

1233. 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. [14528/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 5 November 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 at INISOireachtasMail@justice.ie, 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.

Question No. 1234 answered with Question No. 1228.

Property Management Companies

Questions (1235, 1270, 1273)

Cormac Devlin

Question:

1235. Deputy Cormac Devlin asked the Minister for Justice the procedures in place under the Multi-Unit Developments Act 2011 to deal with the letting agents and companies that fail to either transfer rent collected from tenants, fail to deal with maintenance issues in properties or that do not comply with the agreement with the owner of the property; her plans to review and improve the legislation in this area; and if she will make a statement on the matter. [14575/21]

View answer

Róisín Shortall

Question:

1270. Deputy Róisín Shortall asked the Minister for Justice the recourse available to an apartment owner when their owners’ management company has not provided them an adequate response to concerns regarding possible structural issues in their apartment block; and if she will make a statement on the matter. [15425/21]

View answer

Duncan Smith

Question:

1273. Deputy Duncan Smith asked the Minister for Justice if consideration is being given to reform of the Multi-Unit Development Act 2011; if so, the timeline for same; and if she will make a statement on the matter. [15500/21]

View answer

Written answers

I propose to take Questions Nos. 1235, 1270 and 1273 together.

In the Programme for Government, the Government has committed to conduct a review of the existing management company legislation.  My department will engage with relevant departments in relation to advancing this matter.

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 are established for the purposes of ownership and management of the common areas.

Insofar as the enforcement of any right conferred, or obligation imposed, by the Act is concerned, sections 24 and 26 provide that a person may apply to the Circuit Court for an order to enforce any such right or obligation.  Section 25 defines the persons who may apply for, or appear and be heard at, an application for a court order under section 24.  They include the developer, the OMC, an owner of a residential unit in the development (i.e. a member of the OMC) or such other person as the court sees fit.  The Court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the development concerned.  The Act also contains provisions which encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.

More generally, statutory provisions governing the regulation of companies, including those concerning 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 provision of property services to consumers in Ireland is subject to a detailed legislative framework of licensing, regulation, monitoring and enforcement, under the Property Services Regulation Act 2011. The Act also established the Property Services Regulatory Authority (PSRA), a statutory regulatory body specifically tasked with responsibility for licensing and regulating property services providers (auctioneers, estate agents, letting agents and property management agents).

The Act sets out certain standards and obligations that licensed property services providers must comply with aimed at ensuring protection for their clients, including an obligation, under section 43 of the Act, on every licensee to issue a letter of engagement to his or her client which must be signed by both parties within 7 working days of starting to provide a property service or agreeing to provide such a service. The Act sets out the minimum contents of a letter of engagement, including details of the services to be provided to the client, details of any fees or commission payable by the client and requirements in relation to the deposit of client moneys. Failure to comply with section 43 is improper conduct under the Act.

Furthermore, the Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020 (S.I. No. 564 of 2020), which came into effect on 30 November 2020, set out a range of minimum standards to be observed in the provision of property services by licensees to their clients.  In accordance with these Regulations, where a licensee holds a security deposit, in relation to the letting of property, which is due to be paid to a client or returned to a tenant, the licensee is required to make such payment to the client or tenant as provided for in the letter of engagement or, if not so specified, not later than 10 working days after the day the tenant vacates the property, save in exceptional circumstances. Failure to comply with the standards set out in the Regulations amounts to improper conduct.

The PSRA is empowered to investigate complaints of improper conduct made against licensed property services providers, and to launch investigations on its own initiative for the purpose of ensuring compliance by property services providers with their statutory obligations. Where a finding of improper conduct is made by the PSRA, it can impose a range of sanctions: namely, issue a reprimand, warning, caution or advice, suspend or revoke a licence, or direct the licensee to pay a financial penalty (i.e. pay up to €50,000 into the Property Services Compensation Fund, up to €50,000 to the PSRA towards the cost of the investigation, up to €250,000 to the PSRA by way of financial penalty or any combination of the foregoing).

While my Department keeps the operation of the Property Services (Regulation) Act 2011 under review, I have no plans at present to amend the Act in the manner suggested by the Deputy.

Question No. 1236 answered with Question No. 1191.

Garda Stations

Questions (1237)

Willie O'Dea

Question:

1237. Deputy Willie O'Dea asked the Minister for Justice if she will consider the provision of a new Garda station for the Castletroy, Annacotty, area of Limerick city (details supplied); and if she will make a statement on the matter. [14601/21]

View answer

Written 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 the deployment of resources.  As Minister, I have no role in these decisions.  I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

The programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the OPW, which has responsibility for the provision and maintenance of Garda accommodation. 

The Garda Building and Refurbishment Programme 2016-2021 is based on agreed Garda priorities and benefits over 30 locations around the country, underpinned by significant Exchequer funding across the Garda and OPW Votes.  The objective of this investment is to address deficiencies in the Garda estate and provide fit-for-purpose facilities for Garda members and staff as well as the public.

I am informed that the current Garda Building and Refurbishment Programme does not include the development of a new Garda station in Annacotty, Co. Limerick. 

An Garda Síochána will give consideration to the need for new Garda Stations, in Annacotty and for other locations, in the context of the overall accommodation requirements arising from the ongoing expansion of the Garda workforce, the policing reform plan A Policing Service For Our Future, and the implementation of the new Garda operating model which will inform the overall accommodation priorities of An Garda Síochána over the years 2022-2026.

The Deputy may wish to note that there has been a significant increase in Garda resources in Limerick in recent years.  I am informed by the Garda authorities that as of the end of February 2021, the latest date for which figures are available, a total of 599 Garda members were assigned to the Limerick Division, in addition to 79 Garda staff.  By contrast, in December 2015 there were a total of 554 Garda members and 51 Garda staff in the Division.  These figures represent increases of 8% and almost 55% respectively.

A detailed breakdown of Garda numbers by Division, District and Station is available on my Department’s website, in the interests of transparency and for the convenience of Deputies and the wider public.  This information is updated every month with the latest data provided by An Garda Síochána.  The Information on Garda members requested may be accessed at the following link: 

http://www.justice.ie/en/JELR/Pages/Garda_Workforce

Law Reform Commission

Questions (1238)

Richard Bruton

Question:

1238. Deputy Richard Bruton asked the Minister for Justice if the report of the Law Reform Commission on legislative caps on insurance awards has been considered; and if the concerns expressed by some of constitutional barriers have been resolved. [14674/21]

View answer

Written answers

The Law Reform Commission published its Report on Capping Damages in Personal Injuries Actions on 30 September 2020. The Report forms part of the Commission’s Fifth Programme of Law Reform and it follows the publication of a consultative Issues Paper on this subject in December 2019.

The Report examines whether it would be constitutionally permissible, or otherwise desirable, to provide for a statutory regime that would place a cap or tariff on some or all categories of general damages in personal injuries cases. 

The Commission examined four potential legislative models, taking account of the constitutional requirements which are relevant to any legislation on capping general damages.

The report concluded that of the four models, two of them appear, in principle, to be constitutionally permissible.

One of these models is a proposed combination of elements of the New South Wales Civil Liability Act 2002 and the England and Wales Civil Liability Act 2018. 

The second model proposes that the maximum upper limit continue to be set by the courts, with the upper limit for lesser injuries being proportionate to the overall maximum.  The Law Reform Commission Report noted at the time of publication that this was closest to the scenario envisaged with the preparation and adoption of the personal injuries guidelines by the Judicial Council.  The Commission concluded that it would be entirely appropriate and desirable that the will of the Oireachtas, in the conferring of extensive functions on the Judicial Council to develop the guidelines, should be given some time to be applied in practice.

Amendments to the Judicial Council Act 2019 to give effect to these guidelines is currently progressing through the Oireachtas and it is hoped that it will be enacted as soon as possible.

My department is currently examining the implications arising from the Law Reform Commission’s report and developing proposals in relation to it.

Crime Prevention

Questions (1239)

Seán Haughey

Question:

1239. Deputy Seán Haughey asked the Minister for Justice if additional measures can be taken to deal with the so-called revolving door system whereby convicted criminals who have not yet completed their custodial sentences or persons out on bail reoffend; her views on the actions that can be taken to stop convicted criminals from reoffending generally; and if she will make a statement on the matter. [14701/21]

View answer

Written answers

Public safety is an absolute priority for me as Minister for Justice and working to reduce re-offending and minimise the risk of further harm to victims and society through the implementation of effective evidence-based penal policy, is a key part of that task. As the Deputy may be aware, a number of initiatives have already been introduced over the past decade to reduce reoffending including Community Return and Community Support Schemes and the Joint Agency Response to Crime (JARC).

Community Return and Community Support Schemes were introduced in 2011 and aim to increase support for prisoners prior to their release from prison, upon their release, and then for a period after their release in order to break the cycle of offending. It is an incentivised scheme for the supervised release of qualifying prisoners who complete unpaid community work as a condition of their early release. It gives this cohort, whom the Irish Prison Service and Probation Service have carefully assessed as being suitable and motivated, the opportunity of early and renewable temporary release with resettlement support.  It is available for those who have been assessed as posing no threat to the community; are serving more than one year and fewer than eight years, and who have served at least 50% of their sentence.

Supervised community sanctions help in reducing reoffending, make communities safer and, with proper supports, positively reintegrate offenders back into their communities. Community Return is a further pathway which assists with a move away from criminality and provides prisoners with the opportunity to make a positive contribution to society. The provisional figures Community Return cases in 2020 was in the region of 290 with an overall compliance rate of approximately 95%. 

The JARC is a multi-agency response to the supervision and rehabilitation of offenders which commenced in 2014, primarily involving the Irish Prison Service, the Probation Service, AN Garda Síochána and my Department. The programme aims to target prolific offenders who are responsible for large amounts of crime. In order to reduce crime and enhance public safety, the selected prolific offenders are managed through the integration of policy and practice between the J-ARC agencies.

In terms of looking to the future, Goal three of the recently published Justice Plan 2021 contains eight specific actions to reduce re-offending rates for those convicted of crime. These actions include a commitment to publish a Policy Review on Penal Policy which will set out the actions to be taken to reduce the rate of reoffending and the establishment of a Penal Policy Consultative Council to advise on penal policy.

I have also committed to commence a policy review to consider custodial sentences of less than 12 months in consultation with the IPS and Probation Service and a policy review of the Criminal Justice (Community Sanctions) Bill 2014 in consultation with the Probation Service and IPS in conjunction with a review of the operation of the Fines (Payment and Recovery) Act 2014.

As you may be aware, I have also committed to publish proposals to extend the range of the spent convictions legislation to widen the cohort who can benefit from greater employment opportunities as well as to implement the “Working to Change” Social Enterprise and Employment Strategy 2021-2023 to improve the employment options for people with convictions. The focus will be on removing barriers and increasing opportunities for people with convictions to participate in both social enterprise and mainstream employment options, as well as entrepreneurship opportunities.

The Deputy will also be interested to know that the latest figures for Probation Re-offending Statistics, published on 17 November 2020, is a detailed study of recidivism among offenders placed under Probation Service supervision, including those on Community Service Orders. Overall almost 69% of offenders did not re-offend within a one year period of being placed under the supervision of the Probation Service. It further showed that 71.7% of offenders on Community Service Orders did not re-offend within that period and 84.1% for those under Post Release Supervision Order. This can be compared with the previous 2008 cohort figure of 61.6% of offenders on Community Service Orders not re-offending within a 3 year period.

The above figures indicate a recidivism rate of 31.1% for those persons given a Community Service Order. The level of reoffending within one year has fallen from a high of 35.5% in the 2008 cohort.

I am confident that the joint initiatives being undertaken within the criminal justice sector, including the Community Return and Community Support Schemes, will result in lower recidivism levels being reported in the prison cohort in future and I am very pleased with the continued improvement in offending reduction among those on probation supervision.

Covid-19 Pandemic

Questions (1240)

Róisín Shortall

Question:

1240. Deputy Róisín Shortall asked the Minister for Justice the number of Garda checks that have occurred on a weekly basis from 6 February 2021 to date on persons quarantining at home after arriving here in tabular form; and if she will make a statement on the matter. [14735/21]

View answer

Written answers

As the Deputy will be aware, An Garda Síochána is responsible for policing the public health regulations made under the Health Act 1947. 

I am informed by Garda management that An Garda Síochána has been receiving passenger location information from the Department of Health’s service provider since 24 February 2021.  This information relates to people arriving into the State who are suspected of breaching the requirement to quarantine at home.  I am further informed that the information is provided daily to An Garda Síochána approximately 6 days after the individual arrives into the State.  Checks are then scheduled in cases where the data passes preliminary validation by the Gardaí.

 I am informed that an implementation pilot has been established in 6 Garda Divisions which involves the Garda National Immigration Bureau forwarding requests for local Gardaí in these divisions to call to people to check on compliance.   The expansion of this work to cover all Garda divisions will be supported by work ongoing in the Department of Health on enhancements to the passenger locator form. 

An Garda Síochána have advised that in the period between 24 February 2021 and 22 March 2021, the details of 1,300 individuals were referred to local Gardaí for checks to be carried out on these people quarantining at home. An Garda Síochána report that up to 14 March, 590 checks on people quarantining at home were recorded during this period with a weekly breakdown as set out below. Data up to 21 March is expected to be available by the end of this week.

Week Ending

Number of Checks

28 February 2021

100

7 March 2021

265

14 March 2021

225

  *This is operational data and is subject to change.

Capital Expenditure Programme

Questions (1241)

Richard Bruton

Question:

1241. Deputy Richard Bruton asked the Minister for Justice the five most recent significant capital projects in the major functional responsibilities of her Department which have required her sanction; the time which elapsed between the initial submission of the proposal for consideration until the construction commenced; the significant elements making up this period; the time spent in assessment prior to approval in the planning process; the time spent in assessment prior to approval in the procurement process of contractors; and the way this duration compared with the targeted time to delivery set out at the outset of the process. [14782/21]

View answer

Written answers

I wish to advise the Deputy that the largest infrastructural capital projects in the Justice Sector currently are the:

1. Redevelopment of Limerick Prison

2. Construction of a new forensic science laboratory

3. Construction of a new Garda Control and Operations Centre

Further information regarding each of these projects is as follows:

Redevelopment of Limerick Prison

This project will provide upgrade works to the male prison and a new female wing at Limerick prison.  The Project was initiated in June 2014.  Planning approval was granted in February 2016.  The procurement process concluded in July 2018.  Due to a legal a challenge, construction did not commence until February 2019. The project is progressing well and while impacted by COVID restrictions is expected to be completed by end 2021 within budget. 

Construction of a new forensic science laboratory

This project will provide Forensic Science Ireland (FSI) with a new modern forensic laboratory in Backweston in Co. Kildare. The Project was initiated informally in late 2008 with OPW evaluating possible sites for a new FSI Lab with the site at Backweston being recommended in March 2009.  Planning approval was granted in March 2010.  Due to the financial crisis, the project was suspended in 2011 and recommenced in mid-2017. The procurement process for a modern laboratory incorporating up to date standards commenced in mid-2019 and concluded in March 2020.  Construction commenced in March 2020 and notwithstanding the impact of the COVID restrictions is due to complete in July 2022.   

Construction of a new Garda Control and Operations Centre

This project will provide a new Garda Control and Operations Centre at Military Road, Dublin 8.  Discussions between OPW and An Garda Siochána on the decant from Harcourt Square were initiated in 2013 with Military Road identified as the new location in November 2015.   Planning approval was granted in August 2018.  The procurement process commenced in mid-2019 and concluded in February 2020.  Construction commenced in March 2020 and is due to complete by end September 2022.  The project is on time and within budget. 

The significant elements of the assessment process for the above projects included the following broad stages:

- Preparation of preliminary business case

- Assessment of preliminary business case

- Design phase and agreement of final design

- Approval to proceed to final business case

- Assessment of final business case

- Approval to proceed to tender

- Procurement process including evaluation of tenders

- Selection of preferred bidder

- Updating of business case with final tender figure

- Approval by sanctioning authority of final business case

- DPER technical review and approval of Government, where appropriate

It should be noted that the Forensic Science Laboratory and the Garda Control and Operations Centres are being completed in conjunction with OPW as the contracting authority.

In addition, three Garda Divisional Headquarters buildings in Galway city, Kevin Street, Dublin 8 and Wexford town with a respective cost of €30.9m, €35.7m and €26.6m became operational in June 2018, April 2018 and September 2017 respectively.

Personal Injury Claims

Questions (1242, 1243, 1244, 1245)

Pearse Doherty

Question:

1242. Deputy Pearse Doherty asked the Minister for Justice the number of Circuit Court personal injury proceedings initiated in each of the years 2010 to 2020 and to date in 2021, by county in tabular form; and if she will make a statement on the matter. [14801/21]

View answer

Pearse Doherty

Question:

1243. Deputy Pearse Doherty asked the Minister for Justice the number of Circuit Court personal injury proceedings which were initiated in each of the years 2010 to 2020 and to date in 2021, by county in tabular form; the locations in which cases have yet to be determined and are active; and if she will make a statement on the matter. [14802/21]

View answer

Pearse Doherty

Question:

1244. Deputy Pearse Doherty asked the Minister for Justice the number of Circuit Court civil proceedings initiated in each of the years 2010 to 2020 and to date in 2021, by county in tabular form; and if she will make a statement on the matter. [14803/21]

View answer

Pearse Doherty

Question:

1245. Deputy Pearse Doherty asked the Minister for Justice the number of Circuit Court civil proceedings which were initiated in each of the years 2010 to 2020 and to date in 2021, by county in tabular form; the locations in which cases have yet to be determined and are active; and if she will make a statement on the matter. [14804/21]

View answer

Written answers

I propose to take Questions Nos. 1242 to 1245, inclusive, together.

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided statistics on the number of new Civil Cases lodged and dealt with and the number of Personal Injury cases lodged and dealt with in the Circuit Court for the period 2015-2019 by county. This information can be found in the tables below.

Court Cases

The Courts Service has informed me that it is not in a position to provide the information sought by the Deputy in relation to statistical data for 2010-2014, due to the fact that the Courts Service reporting system changed in 2014, and therefore only statistical data from 2015 is available with regard to the information sought.

The Courts Service has also informed me that it is not in a position to provide the information sought by the Deputy in relation to statistical data for 2020-2021 as it is currently compiling data for last year. The Courts Service has also said that it is not possible to report on the locations in which cases have yet to be determined and are active. 

The Deputy will also be aware that the Judicial Council Act 2019 provides, inter alia, for the establishment of a Personal Injuries Guidelines Committee. Last October, the Government amended the Judicial Council Act 2019, to ensure that the personal injuries guidelines would be adopted and published by, at the latest, 31 July 2021, three months earlier than originally required under the Act.

Draft Guidelines were furnished to the Board of the Judicial Council last December and, following consideration, were adopted by the Judicial Council on 6 March 2021 and published.

On 9 March, I secured Cabinet approval to amend the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to bring the new Personal Injuries Guidelines into effect.  Bringing the new Personal Injuries Guidelines into operation is a key action in my Justice Plan 2021, and I intend that the Guidelines will take effect in April.

In addition to the adoption and publication of the personal injury guidelines, my Department is developing proposals in relation to:

- the Occupiers' Liability Act 1995,

- the discount rate applied to awards in cases of catastrophic injury, and

- the Law Reform Commission Report on the Capping Damages in Personal Injury Actions.

Prison Service Staff

Questions (1246, 1247)

Cathal Berry

Question:

1246. Deputy Cathal Berry asked the Minister for Justice the number of whole-time equivalent medical officer appointments in the Irish Prison Service; the number of these that are currently vacant; and if she will make a statement on the matter. [14846/21]

View answer

Cathal Berry

Question:

1247. Deputy Cathal Berry asked the Minister for Justice the number of medical officer appointments that were filled by temporary locum staff in each of the years 2016 to 2020; and if she will make a statement on the matter. [14847/21]

View answer

Written answers

I propose to take Questions Nos. 1246 and 1247 together.

I can advise the Deputy that the Irish Prison Service use a combination of full time Medical Officers and locum Medical Officers to deliver General Practitioner services across the Prison estate.   

As of 23 March 2021, the total number of Medical Officers assigned in the Irish Prison Service is five, two full time and three part time.  

I can further advise that there are currently 9.5 vacancies for Medical Officers across the prison estate.  There is currently a panel in place from a recent open recruitment competition which will reduce, though not eliminate, the use of temporary locum Medical Officers across the estate. 

The Service continually monitor the staffing requirements and vacancies that arise as a result of multiple factors including mobility, promotions and retirements.

The information requested by the Deputy on the daily requirement for locum medical officers in each prison is set out in Table 1.

This requirement has remained constant from 2016 to 2020.   It should be noted that the General Practitioner service provided in Cork Prison is by way of a service level agreement with a community General Practitioner rather than a locum service. 

Table 1. Daily Level Of Locum GP Service required

Prison  

Daily Level Of Locum GP Service required  

Arbour Hill

0.5

Castlerea

1.0

Cloverhill

1.0

Cork

1.0

Limerick

1.0

Loughan

0.3

Midlands

1.5

Mountjoy/Progression Unit

1.5

Portlaoise

1.0

Shelton

0.3

Wheatfield

1.0

TOTAL

10.1

Prison Service Staff

Questions (1248)

Cathal Berry

Question:

1248. Deputy Cathal Berry asked the Minister for Justice the extent to which the Irish Prison Service increased remuneration for medical officers in 2020; the reason this was deemed necessary; and if she will make a statement on the matter. [14848/21]

View answer

Written answers

I am advised by my officials in the Irish Prison Service that the increases to the remuneration of medical officers in 2020 were in line with public sector pay agreements.

Crime Data

Questions (1249)

Seán Crowe

Question:

1249. Deputy Seán Crowe asked the Minister for Justice the financial value of cash and assets seized by An Garda Síochána as the proceeds of drug-related crime in the south-west area of Dublin in 2014. [14872/21]

View answer

Written answers

As the Deputy may be aware, the Criminal Assets Bureau is the State's designated Asset Recovery Office (ARO) and, as such, the matters referred to fall under the remit of the Bureau. I have contacted CAB for the information requested and, unfortunately, the report was not provided in time. I will write to the Deputy as soon as the information is to hand.

Deportation Orders

Questions (1250)

Pa Daly

Question:

1250. Deputy Pa Daly asked the Minister for Justice the status of her review of deportation notices. [14875/21]

View answer

Written answers

In line with the commitments given by the Taoiseach and I, it remains the case that deportation orders are not being enforced during the COVID-19 pandemic, except in cases where an individual may be a threat to national security or whose presence in Ireland would be contrary to the public interest.

Furthermore, the Immigration Service of my Department has suspended the issuance of deportation orders during periods when Level 5 restrictions are in place. My Department has taken a pragmatic and compassionate approach to immigration arrangements in the context of COVID-19 and this approach will continue for as long as is necessary.

Direct Provision System

Questions (1251)

Pa Daly

Question:

1251. Deputy Pa Daly asked the Minister for Justice her views on recommendation 6.7 of the Day report being under consideration as per page 144 of the White Paper to End Direct Provision and to Establish a New International Protection Support Service in particular focusing on the recommendations in relation to the granting of leave to remain to existing applicants. [14876/21]

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Written answers

My Department is committed to implementing our responsibilities under the White Paper to End Direct Provision and Establish a New International Protection Support Service, which was recently published by my colleague, Minister O'Gorman.

I have established a Programme Board in my Department to oversee the implementation of the relevant recommendations of the Expert Advisory Group and the White Paper. This is supported by an Implementation Working Group comprising senior officials from the relevant areas of my department to support their implementation and to report to the Board on progress at regular intervals.  The Programme Board will report directly to the Cabinet Committee on Social Affairs and Equality on progress in this regard, while my Department will also be represented on a Programme Board to be established and chaired by Minister O'Gorman, which will set performance indicators for the new model and monitor progress against those indicators. 

There are a number of interconnected and interdependent recommendations in the Advisory Group Report and the White Paper relating to the international protection process, including recommendation 6.7.

The White Paper proposes that the new system should be phased in and operational by 2023 and that the intervening period should provide an opportunity to progress improvements in the overall processing times for international protection.

My Department is committed to making further efficiencies in the international protection process.  In this regard, the White Paper commits to implementing the key recommendations in the Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months respectively.

Work is underway in my Department towards Identifying mechanisms which will assist with working towards improved processing times.  Additional ICT resources have been secured for 2021 and detailed work including an end-to-end review of processes to guide enhanced processing times is underway. When this first phase of work has been carried out it will enable a more detailed set of milestones to be put in place.

The Advisory Group's recommendation in relation to the establishment of a one-off simplified, case-processing approach applying to all applicants who will have been two years of more in the system being granted leave to remain, will be considered by the High Level Programme Board as part of the ongoing analysis of progress towards achieving the objectives outlined in the White Paper.

My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times and based on the outcome of that review, decide by the end of 2022, whether additional measures are required in order to ensure that the new system can come into operation without the overhang of any significant number of legacy cases.

Garda Data

Questions (1252)

Catherine Murphy

Question:

1252. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí by rank, civilian staff and retained professionals in the Garda National Economic Crime Bureau. [14878/21]

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Written answers

The Deputy will be aware that the Garda Commissioner is responsible, under the law, for the management and administration of An Garda Síochána, including personnel matters and deployment of resources.  As Minister, I have no role in decisions on such matters.  I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use. 

The tables below, as provided to me by the Garda authorities, sets out the number of Gardaí and Garda staff assigned to the National Economic Crime Bureau at 28 February 2021, the latest date for which figures are available.

28 February 2021

Garda

Sergeant

Inspector

Superintendent

Chief   Superintendent

Total

Economic Crime Bureau

45

22

2

2

1

72

 Full Time Equivalent (FTE)

Other 

EO

CO

Totals

Garda Staff 

 

6.0

12.0

18.0

Accountant -   Grade II

2.8

 

 

2.8

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