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Wednesday, 24 Mar 2021

Written Answers Nos. 1253-1277

Crime Data

Questions (1253)

Pa Daly

Question:

1253. Deputy Pa Daly asked the Minister for Justice the estimated number of femicides (details supplied) for 2020. [14961/21]

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Written answers

As the Deputy is aware, 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.  This includes the provision of information on the courts system.

In order to be of assistance to the Deputy, I have made enquiries with the Courts Service, who have informed me that information is not recorded in such a way as to provide the specific statistic sought by the Deputy for 2020.

The Central Statistics Office (CSO), as the national statistics agency, is responsible for the publication of the official Recorded Crime Statistics.  Recorded Crime Victims 2019 and Suspected Offenders 2018; published last April contains details on Victims for 2019 and Victims & Offenders from 2018. I am further informed that they are currently compiling statistics for 2020. 

As the Deputy may be aware, statistics in relation to offender and victim cannot be published in real time as time has to be afforded for detections to happen, whereas the status of a victim is known as soon as the crime record is created.

To be of assistance, I have included a link to the CSO most recent publication in this regard; 

https://www.cso.ie/en/releasesandpublications/ep/p-rcvo/recordedcrimevictims2019andsuspectedoffenders2018/recordedsuspectedoffenders2018/

Question No. 1254 answered with Question No. 1218.

Prison Service Staff

Questions (1255)

Cathal Crowe

Question:

1255. Deputy Cathal Crowe asked the Minister for Justice if she will consider allowing those working in the Irish Prison Service to continue working past the age of 60 if they are medically certified as fit to work. [15003/21]

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Written answers

I am advised by my officials in the Irish Prison Service that there are no plans at present to request the Department of Public Expenditure and Reform to increase the mandatory retirement age for prison officers.  The retirement age for Prison Officers is set out in legislation in the Public Service Superannuation Acts.

Seirbhísí trí Ghaeilge

Questions (1256)

Aengus Ó Snodaigh

Question:

1256. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Dlí agus Cirt an bhfuair a Roinn aon iarratas i nGaeilge ar eadóirsiú, cén fáth nach bhfuil leagan Gaeilge den fhoirm iarratais ar fáil ar líne mar aon leis an leagan Béarla; agus ar diúltaíodh le haon iarratas ar eadóirsiú toisc foirm Ghaeilge a bheith seolta isteach in ionad an leagan Béarla ar líne a chomhlíonadh. [15053/21]

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Written answers

Is féidir liom a dheimhniú go ndearnadh, de dheasca botúin riaracháin, iarratas ar eadóirseacht a cuireadh isteach le gairid ar fhoirm iarratais Ghaeilge a chur ar ais chuig an iarratasóir. Tá an rannán iomchuí tar éis bheith i dteagmháil leis an iarratasóir ó shin i leith; tá an tsaincheist réitithe agus tá an t-iarratas á phróiseáil sa ghnáthshlí i gcónaí.

Déantar na foirmeacha iarratais ar shaoránacht, maille leis na treoirlínte a bhaineann leo, a nua-shonrú go rialta, chun athruithe reachtaíochta agus beartais araon a chur san áireamh. Is cuid riachtanach den phróiseas sin an leagan Gaeilge a bhíonn againn de na foirmeacha iarratais a athbhreithniú; tá an leagan is déanaí d’Fhoirm 8 aistrithe anois agus tá an t-aistriúchán sin á sheiceáil faoi láthair sula n-uaslódálfar ar an suíomh gréasáin é an tseachtain seo chugainn. Doiciméad mós dlíthiúil atá san fhoirm 36 leathanach sin, ina bhfuil 3 dhearbhú reachtúla éagsúla, foralálacha a bhaineann le cosaint sonraí (i.e., an Rialachán Ginearálta maidir le Cosaint Sonraí) agus miontreoracha maidir leis an bhfoirm féin a chomhlánú.

Ní dhiúltóidh mise iarratas go deo i gcás ina n-úsáidtear an leagan Gaeilge den fhoirm iarratais in ionad an leagain Bhéarla agus, i gcás ina n-úsáidfidh iarratasóirí foirm atá as dáta, cuirfidh oifigigh é sin in iúl dóibh, agus déanfar iad a threorú chuig an leagan is déanaí. Is den riachtanas é, áfach, go n-úsáidfí an leagan den fhoirm iarratais iomchuí is mó atá suas chun dáta sna hiarratais uile ar eadóirseacht, agus tá siadsan ar fáil ar shuíomh gréasáin Saoránachta, agus beidh an leagan Gaeilge is mó atá suas chun dáta ar fáil go luath.

Freedom of Information

Questions (1257, 1258)

Thomas Gould

Question:

1257. Deputy Thomas Gould asked the Minister for Justice if family members can access prison records of deceased family who were interned in the Curragh in 1940 through freedom of information; and if these records are sealed. [15093/21]

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Thomas Gould

Question:

1258. Deputy Thomas Gould asked the Minister for Justice the person or body to which freedom of information requests by family members of deceased relatives who were interned in the Curragh in the 1940s should be submitted. [15094/21]

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Written answers

I propose to take Questions Nos. 1257 and 1258 together.

In 2006, the Department of Justice in 2006 established the Archives Advisory Group, which was chaired by Professor Mary Daly, College of Arts and Celtic Studies, UCD and included leading historians on modern Irish history. The Group advised the Department on the historical value of the archive records which it holds, or are under its control, which are over 30 years old. The Group was also given the task of advising the Department on the arrangements it could put in place to make these records available for the purpose of advancing academic research, including any guidelines and conditions that could be applied by the Department in granting access to the records for that purpose.

In 2012, former Minister Shatter oversaw the transfer of over 950 files, including those related to those persons interned during the Emergency, from the Department’s archive covering the period 1940 – 1943 to the National Archives. A small number of records were retained because they contain personal information which, if released, might cause distress to family members still alive. In addition, abstractions were made from a number of files for similar reasons.

I would suggest to the Deputy that, in the first instance, persons seeking records from that period should visit the National Archives website, which has an easy to use search function for file titles. To facilitate searching the National Archives you will be interested to note that in the vast majority of cases, each person that was interned during the Emergency had an individual file opened with the file title including the person’s name, address and stated that they were interned under the Emergency Powers Acts.

If the Deputy wishes to pass on the details of an individual in particular I will also arrange for officials to search my Department’s records and will revert on whether a record exists and if so whether it is located with my Department or the National Archives.  

Broadly speaking, the Freedom of Information Act does not apply to non-personal records held by my Department that were created before 21 April 1998. For personal information, including that of a spouse or a next of kin of the individual, there is a right of access to pre-1998 records. An FOI request may be submitted to my Department in writing or by email.

Departmental Transport

Questions (1259)

Duncan Smith

Question:

1259. Deputy Duncan Smith asked the Minister for Justice the number of vehicles owned or leased and operated by her Department and agencies and semi-State companies under her remit broken down by the number of ICE and non-ICE vehicles and fuel category, that is, petrol, diesel, hybrid, plug-in hybrid, electric and so on; and if she will make a statement on the matter. [15124/21]

View answer

Written answers

It has not been possible to collate the information requested by the Deputy within the time allowed. I will write to the Deputy to provide this information as soon as it is available.

Visa Waiver Programme

Questions (1260)

Seán Crowe

Question:

1260. Deputy Seán Crowe asked the Minister for Justice the criteria the decision to restrict visa free travel from South Africa and certain South American countries was based upon; and the specific criteria by which the decision will be reversed. [15201/21]

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Written answers

The visa measures referred to by the Deputy are designed to support our current public health restrictions on movement, including into and out of Ireland. The travel restrictions and the measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19, mean 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. 

The strong advice is that everyone, regardless of their nationality or visa/preclearance status, or where they started their travel from, who cannot provide proof of an essential purpose to travel to or within Ireland, should not travel to Ireland.

The framework for restrictive measures is set out in the Government’s Resilience and Recovery: Plan for Living with COVID 19. When making such decisions, the Government considers the expert public health advices of NPHET to tackle the disease.

I have reviewed the interim visa measures introduced on South American countries and South Africa and have decided to use my powers, under Section 17 of the Immigration Act 2004, to maintain these visa requirements after 5 March and until no longer needed for public health reasons. Further visa requirements may be introduced to other non-EEA countries in the future, where they are deemed necessary and appropriate, to support public health measures approved by the Government.

Garda Deployment

Questions (1261)

Seán Sherlock

Question:

1261. Deputy Sean Sherlock asked the Minister for Justice the number of staff currently working in cybersecurity within An Garda Síochána. [15213/21]

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Written answers

As the Deputy will be aware, cyber security is primarily the responsibility of the National Cyber Security Centre (NCSC), under the auspices of the Department of Environment, Climate and Communications. The 2nd National Cyber Security Strategy was approved by Government in late 2019 and published by the then Minister for Communications, Climate Action and the Environment in December 2019. Progress of the Strategy is being monitored by an Inter Departmental Steering Committee of which my Department is a member. This group meets on a quarterly basis.

The vision behind the revised Strategy is to allow Ireland to continue to safely enjoy the benefits of the digital revolution and to play a full part in shaping the future of the Internet. This involves protection from cyber security threats, development of capacity to understand and manage the challenges and opportunities in this space, and engagement in a strategic manner nationally and internationally.

The objectives of the Strategy are:

- Continue to improve the ability of the State to respond to and manage cyber security incidents, including those with a national security component.

- Identify and protect critical national infrastructure by increasing its resilience to cyber-attack and ensuring that appropriate incident response plans are in place.

- Improve the resilience and security of public sector IT systems to better protect services that our people rely upon, and their data.

- Invest in educational initiatives to prepare the workforce for advanced IT and cybersecurity careers.

- Raise awareness of the responsibilities of businesses and to drive research and development in cyber security in Ireland.

- Continue to engage with international partners and international organisations to ensure that cyber space remains open, secure, unitary and free and able to facilitate economic and social development.

- Increase the general level of skills and awareness among private individuals around basic cyber hygiene practices and to support them in this by means of information and training.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts. As Minister, I have no direct role in the matter.  I am assured by the Commissioner that personnel assignments, together with the overall policing arrangements and operational strategies, are continually monitored and reviewed in light of policing needs. 

I am informed by the Commissioner that, on foot of a review of the Computer Crime Investigation Unit under the Garda Síochána’s Modernisation and Renewal Programme 2016-2021, a dedicated Garda Cyber Crime Bureau (GCCB) was established in September 2016 to ensure that An Garda Síochána has the capacity and capabilities to deal with cyber crime and cyber security threats.

The GCCB has responsibility for the forensic examination of all seized computer media, international liaison with regard to cyber matters and the investigation of cyber crime matters. Cases examined by the GCCB include all crime-types, in particular banking and financial crime matters, as well as the examination of equipment and media to assess images in the context of offences relating to child pornography and exploitation.

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

28 February 2021

Garda

Sergeant

Inspector

Superintendent

Chief   Superintendent

Total 

Total

16

2

0

1

1

20

Garda Staff 

CO

EO

HEO

Total

Total

3

2

1

6

Legal Aid Service

Questions (1262)

Gino Kenny

Question:

1262. Deputy Gino Kenny asked the Minister for Justice if she plans to increase funding for law centres to provide advice to persons who have suffered injuries as a result of negligence of others; and if she will make a statement on the matter. [15260/21]

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Written answers

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.

Section 3(3) of the Act provides that the Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.

However, to be of assistance to the Deputy, I have had enquiries made with the Legal Aid Board, and I am informed that, Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. There are 30 full time and 12 part-time law centres. There is a dedicated unit in Dublin dealing with personal injury and/or medical negligence cases.

Personal injury is but one area of litigation supported through the Board. Applicants for legal aid must meet the financial eligibility criteria under section 29 of the Act and the Civil Legal Aid Regulations 1996 to 2017. This provides that their disposable income (less certain allowances) must be below €18,000 and their disposable capital (less certain allowances and excluding the value of the home in which they live) must be below €100,000. The application must meet the merits criteria in sections 24 and 28(2) of the 1995 Act.

The majority of the Board's income consists of a grant received from my Department. This funding is used to provide the Board's services in all its offices across the country, including the dedicated unit dealing with personal injury and/or medical negligence cases, as well as the support services provided to law centres centrally from the Board's head office. The Board’s other main sources of income are financial contributions from applicants and costs recovered. The Board informs me that it does not consider that there is a specific shortfall in funding for the provision of civil legal aid in personal injury and/or medical negligence cases.

In Budget 2021, I provided an increased provision of over €2 million for the Legal Aid Board in 2021 bringing total funding of the Legal Aid Board to €44.6 million, a 6% increase. This will enable the Board to recruit additional staff and meet other costs to enhance delivery of all of its services across the country.

Prison Service Staff

Questions (1263)

Peadar Tóibín

Question:

1263. Deputy Peadar Tóibín asked the Minister for Justice the number of persons working in the Irish Prison Service; the average age of exit from the service; the number at each staff level; the number that have left the service in each of the past ten years; and the number currently on sick leave. [15316/21]

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Written answers

I am advised by my officials in the Irish Prison Service that as of 18 March 2021 there are 3,485 staff assigned to the Irish Prison Service. 

A full breakdown of staff by Grade is set out in Table A below.

I can also advise the Deputy that 1,675 staff have left the Irish Prison Service from 1 January, 2010 to 12 March, 2021.

A breakdown per year of staff leaving the Irish Prison Service over the past ten years is set out in Table B. 

The average age of staff leaving the Service during that period was 50.  

Prison staff can retire when they reach 30 years actual paid service if  aged over 50.

I can further advise that on 1 March, 2021 there were 135 staff absent on sick leave from the Irish Prison Service.

Table A – Irish Prison Service Staff by Grade (18 March, 2021).

Civilian  Grades

Number at Grade

Director General

1

Director

5

Principal  Officer   Higher

3

Principal   Officer 

7

Assistant Principal   Officer Higher

2

Assistant Principal   Officer 

21

Accountant Grade II

1

Fire Safety

1

Engineer

1

Quantit   Surveyor Grade   II

1

Higher   Executive   Officer Higher

6

Higher   Executive   Officer

24

Executive   Officer   Higher

5

Executive   Officer

34

Clerical   Officer   Higher

12

Clerical   Officer

37

Service   Officer

3

Head Chaplain

1

Chaplain

24

Executive   Clinical   Lead

1

Doctor

5

Specialist     Doctor  Post

1

Pharmacist

1

Head of   Psychology

1

Psychology   Principal   Manager

1

Senior   Psychologist

8

Psychologist   Grade II

11

Assistant   Psychologist

12

Research   Assistant   (psychology)

1

Prison Grades

Number at Grade

Campus Gov

1

Governor 1

7

Governor 2

4

Governor 3

12

Deputy   Governor

1

Assistant   Governor

24

Assistant   Governor   NVRU

2

Assistant Governor. (Works MI   + EI) *

3

Chief Officer   1

7

Chief Officer   2

43

Chief Officer   2 Work   & Training

11

Tutor

13

Industrial   Manager

2

Industrial   Training   Instructor

2

Chief Trades   Officer   II

13

Chief Trades     Officer  Compliance

1

Trades Officer

47

Assistant   Chief   Officer 

225

Assistant   Chief   Officer TLO

3

Assistant   Chief   Officer  (D)

19

Assistant   Chief   Officer C /B

17

Prison Officer

1707

Recruit Prison   Officer

466

NVRU  RPO/PO/ACO/WTO

20

Work Training     Officer  & Industrial Supervisor

306

Prison Higher     Executive Officer

9

Prison   Executive   Officer

28

Prison   Clerical   Officer

103

Healthcare   Nurse   Manager

2

Chief Nurse   Officer II

11

Nurse Officer

141

Medical   Orderly

2

Assistant   Governor   & Chief Officer II Employee Assistant Programme

2

Total

3,485

 Table B attached provides the number of staff leaving the Prison Service by year.

Prison Service Data

Protected Disclosures

Questions (1264)

Peadar Tóibín

Question:

1264. Deputy Peadar Tóibín asked the Minister for Justice the number of protected disclosures submitted to the Irish Prison Service in the past ten years. [15317/21]

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Written answers

The Protected Disclosures Act 2014 introduced the statutory protection from penalisation for people raising allegations of wrongdoing in the workplace. The legislation came into effect on 15 July 2014.  Since 2015, 56 allegations of wrongdoing in respect of the Irish Prison Service were submitted to either my Department or the Irish Prison Service.

I would point out that, in line with the requirements of the 2014 Act, both the Irish Prison Service and my Department publish annual reports in relation to Protected Disclosures on their websites www.irishprisons.ie and www.justice.ie so the information requested by the Deputy is publicly available. However for the Deputy’s convenience, the information is also set out below.

I am informed that the Irish Prison Service has its own Protected Disclosures Policy in place since July 2018 and workers can communicate their disclosures either directly to the Irish Prison Service or to my Department.

 When a disclosure of an alleged relevant wrongdoing is made to the Irish Prison Service, a Protected Disclosures Assessor, who is an independent, external party, is appointed to undertake an initial assessment of the disclosure under the Protected Disclosure Policy and Procedures.  I am informed that this assessment process involves an assessment of the disclosure to determine whether or not it should be treated as a protected disclosure, having regard to a number of relevant matters. If the Assessor concludes that the disclosure should be treated as a protected disclosure, the Protected Disclosures Manager will notify the worker who made the disclosure that an investigation will be undertaken by the External Investigator. Any allegations of wrongdoing deemed by the Assessor to be outside the scope of the Act are addressed or investigated under the appropriate process.

I am informed that of the 56 allegations made since 2015, 31 were assessed and sent for investigation as a protected disclosures. Of those 2 were fully upheld, 4 were partially upheld and 18 are still under examination.

Irish Prison Service

Questions (1265)

Peadar Tóibín

Question:

1265. Deputy Peadar Tóibín asked the Minister for Justice the frequency with which a procurement audit been carried out at each prison to ensure value for money; when this was last done; and the person or body that signed off on these audits. [15318/21]

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Written answers

The Deputy will wish to be aware that the Irish Prison Service has a dedicated procurement unit in place that supports good procurement practice across the Service. 

A significant proportion of procurement is managed centrally from Prison Service headquarters.

A broad range of goods and services are procured which includes, catering goods, utilities, capital works, maintenance, ICT and staff and prisoner clothing.

The centralisation of these procurements allows for the standardisation of the process and also assists in achieving value for money by bringing larger volumes of goods and services to the market.  The tender competitions between service providers helps to deliver value for money as tenders are awarded based on a combination of cost and quality.

The Prison Service is also supported by the Office of Government Procurement in the delivery of its procurement function.  There were no specific stand-alone Procurement Audits carried out, however the Internal Audit Unit in the Department of Justice/Irish Prison Service conducts audits in a sample of Prisons on an annual basis.  

These audits examine a broad range of processes (financial and other controls) and include a consideration of procurement processes.

In 2020, three prisons were examined and a further three prisons are currently being reviewed in 2021. My Department and the Prison Service are commissioning an external review of procurement structures and practises during 2021, to further support the strengthening of the procurement function  into the future.

Drugs in Prisons

Questions (1266)

Peadar Tóibín

Question:

1266. Deputy Peadar Tóibín asked the Minister for Justice the volume of drugs taken in the Irish Prison Service each year for the past ten years; the volume of drugs that were confiscated or seized in the Irish Prison Service in each of the past ten years; the number of prisoners that are classified as drug addicts; and the number of prisoners receiving treatment for drug addiction. [15319/21]

View answer

Written answers

Addressing both the demand for and supply of illegal drugs remains a priority for the Irish Prison Service.  A new strategy containing actions aimed at reducing the supply and demand for illegal drugs in prisons is being finalised and will be published by the end of Quarter 2 of this year.

I am informed by my officials in the Irish Prison Service that it is not possible to collate statistics on the volume of drugs consumed in Irish prisons over the past 10 years, as due to the covert nature of the activity it would be impossible to accurately quantify the measure of drug misuse within our prison system.

Preventing access to contraband items continues to be a major challenge in prisons today. In particular mobile phones and drugs are viewed as highly valuable commodities among elements of the prison population. Efforts are made on a continuous basis to prevent the flow of contraband into our prisons through security measures such as the installation of nets over exercise yards, vigilant observation of prisoners by staff, enhanced CCTV monitoring, the stricter control of visits and the use of random and targeted searches on a daily basis.

The Irish Prison Service continues to enhance prison security and, as can been seen from contraband seizure statistics, significant amounts of contraband are detected and intercepted before reaching the prison population. The Service recently introduced new drug swabbing equipment which is similar to airport style explosives swabbing and a new anti-drone system is now fully operational in a number of Dublin prisons.  The Irish Prison Service is in the process of installing this technology in other locations across the estate.  

The information requested on the total number of drug seizures in prisons from 2012 to date is set out in Table 1 below.

It is the case that significant numbers of people committed to prison have issues with drug addiction. While the Prison Service does not have an exact figure on the number of people in custody with addiction issues, past research suggests that approximately 70% of people in custody have a history of drug or alcohol addiction.

The Service continues to seek to construct a range of programmes, support services and through-care options for prisoners demonstrating a commitment to addressing their substance misuse.  All prisoners are medically assessed on committal and a treatment plan is agreed for those who wish to address addiction issues.  Most often, this will focus on a symptomatic detox and a nine week Drug Treatment Programme (DTP) is available in the Mountjoy Medical Unit for those wishing to detoxify from drugs.  

1,293 prisoners received drug treatment (methadone) in 2020 and there are currently 522 prisoners in receipt of methadone across the system.

While prescribing levels for methadone have fluctuated over the past 3 years, the profile of the numbers of prisoners availing of the different treatment options - i.e. detoxification, maintenance or stabilisation - has remained consistent, with 35% availing of detoxification, 64% availing of maintenance and 1% availing of the stabilisation programme. This has also been the experience over the last 12 months, i.e. during the Covid Pandemic.

In line with Reducing Harm Supporting Recovery, the National Drug Strategy, the Irish Prison Service has an agreed protocol with the HSE for the seamless transition of prisoners established on drug treatment into community drug treatment settings.

A full breakdown of the number of prisoners receiving methadone is set out in Table 2 below.

As a result of the Covid-19 pandemic, the traditional manner of service delivery by addiction professionals in prisons have been impacted due to the implementation of essential infection control and operational regimes to keep prisoners and staff safe. This has required the development of new ways of working to support prisoners.

Merchants Quay Ireland’s prison-based addiction counselling teams provide support to prisoners with substance use issues within the prison system.  They offer counselling, group work and advice with a focus on harm reduction and developing care plans for post-release. Counsellors can be accessed directly in each prison or through any Irish Prison Service healthcare team member. There are currently 20 whole time equivalent addiction counsellors employed across the prison estate. The average time spent waiting to see a counsellor is 6 weeks. However, a vulnerable prisoner will be seen much quicker if recommended by the Prison Nursing Staff.

Table 1: total number of drug seizures in prisons from 2012 to date

Table 1

Table 2: Number of Prisoner in receipt of Opiate Substitution Therapy as at 18 March 2021

Prison     

Number of Prisoner     

% of population      

Castlerea

15

5.3%

Limerick

34

15.5%

Cork

38

14.4%

Cloverhill

84

24.5%

Wheatfield

92

18.2%

Midlands

61

7.4%

Portlaoise

12

5.8%

Dochas

32

27.1%

Mountjoy

154

21.9%

Total

522

15.6%

Caseload and Waiting List of MQI as at 1 March 2021 

Prison  

Caseload  

Waiting List  

Cork

47

48

Limerick

43

38

Midlands

61

50

Portlaoise

22

53

Mountjoy

99

78

Dóchas     Female Centre

24

32

Loughan     House

54

18

Shelton     Abbey

35

2

Cloverhill

47

47

Wheatfield

104

100

Castlerea

66

55

Totals

 602

521

Child Maintenance Payments

Questions (1267)

Claire Kerrane

Question:

1267. Deputy Claire Kerrane asked the Minister for Justice the number of child maintenance orders which result in zero payment. [15392/21]

View answer

Written answers

The Government established a Child Maintenance Review Group to examine certain issues in relation to child maintenance in Ireland.  The Group is chaired by former Circuit Court Judge Catherine Murphy and includes legal, policy and academic professionals as well as officials from my Department and the Department of Justice.

The Group's Terms of Reference includes considering and making recommendations on the current treatment of child maintenance payments in my Department.  The Group is also tasked with considering and making recommendations  on the liable relatives provisions associated with the One-Parent Family Payment which my Department operates, and whether or not there is a case for the establishment of a Child Maintenance Agency in Ireland.

The work of the Group is well underway.  I am very pleased that the Group launched its public consultation on 11th February.  The consultation process which runs until 26th March provides an important opportunity for stakeholders, whether they are individuals or groups, to provide information, experiences and different perspectives on the areas under consideration.  These submissions will help to inform the review and the recommendations which the Group will present to me later this year.

Furthermore, in the context of the ongoing COVID-19 pandemic, my Department has put in place specific measures for the non-payment of maintenance in relation to One-Parent Family and Jobseeker’s Transitional Payment customers.

In these cases, the customer should contact their local Intreo Centre and provide it with a letter stating that they are no longer receiving the maintenance payment from the other parent.  Their payment will revised for a period of twelve weeks after which it will be reviewed again.

Fines Data

Questions (1268)

Seán Sherlock

Question:

1268. Deputy Sean Sherlock asked the Minister for Justice the number of fines that have been issued for construction work during level 5 restrictions to date in 2021, by county in tabular form. [15418/21]

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.

I am informed by the Garda authorities that there is no specific fine relating to construction work.  Weekly updates are provided every Friday on the total number of Covid related fines and the numbers in each Garda division, see link below for the latest release:

https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/press-releases/2021/march/covid-19-doesnt-take-the-weekend-off-for-house-parties-or-social-gatherings.html

I am further informed that An Garda Síochána are unable to report on the particular circumstances in which fines were issued; there have been in excess of 15,000 fines to date and to try and examine every one in detail would require a disproportionate amount of time and resources.

Where members of the public are concerned about activities in relation to construction work, I would encourage them to contact their local Garda station.

Passport Services

Questions (1269)

Róisín Shortall

Question:

1269. Deputy Róisín Shortall asked the Minister for Justice the position regarding a passport in the case of a person (details supplied); the reason for the delay in returning the passport; and if she will make a statement on the matter. [15424/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 22 December 2020. 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 Citizenship Division of my department sent an acknowledgement letter to the applicant, which included the return of the applicant's passport and all original documentation on 7 March 2021.

My Department has not suspended the receipt or processing of citizenship applications at any stage during the pandemic. However, processing rates have unfortunately been negatively impacted by the attendant health and safety related restrictions. 

Under normal circumstances, passports are returned approximately 10 days after their receipt.  However, the current limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports. 

Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons.  The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk www.citizenshipinfo@justice.ie with the relevant details including postal tracking reference if available. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly.

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. 1270 answered with Question No. 1235.

Garda Youth Diversion Projects

Questions (1271)

Jim O'Callaghan

Question:

1271. Deputy Jim O'Callaghan asked the Minister for Justice the funding being provided for Garda youth diversion projects by division to date in 2021; and the comparative figures for 2020, in tabular form. [15458/21]

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Written answers

I can inform the Deputy that I am very conscious of how the impact of crime affects the quality of life for local communities.  Preventing children getting involved in criminality and diverting children away from it when they have already become involved is one of the priorities for me as Minister for State in the Department of Justice and the new Programme for Government, Our Shared Future, contains a number of commitments with regard to tackling crime.

Details of the funding allocations provided for Garda youth diversion projects to date in 2021; and the comparative figures for 2020 are set out in the attached spreadsheet.

Proposals to strengthen the work of Garda Youth Diversion Projects in the area are being examined at present and it is anticipated that decisions will be made shortly in the context of the overall funding available for 2021.

Table Garda Youth Diversion

Ministerial Responsibilities

Questions (1272)

Bríd Smith

Question:

1272. Deputy Bríd Smith asked the Minister for Justice if Deputy Humphreys will receive a Garda driven car and Garda security during her period as temporary Minister for Justice; if she will receive additional advisory staff for the six months in this extra role; if she received briefings from An Garda Síochána, the Defence Forces or other security details in preparation for the role; and if she will make a statement on the matter. [15485/21]

View answer

Written answers

The Minister for Justice is provided with Garda transport and drivers, for security reasons.  During the period of my maternity leave, this support will be available to Minister Humphreys as Minister for Justice. I will not have access to Garda transport or Garda drivers during this time.  

The two people appointed as my special advisers will remain in the Department of Justice to support Minister Humphreys with her additional responsibilities and to support the continued implementation of the justice related commitments in the Programme for Government and the Justice Plan 2021. There will be no increase in the number of staff as a result of my maternity leave but I have also worked to ensure that no staff will lose their jobs as a result of my absence. For this reason the two people concerned will be technically assigned to the Department of the Taoiseach during this period. 

As Minister for Justice, Minister Humphreys will have responsibility for the security of the State and as such will receive all appropriate briefings as I do at present.  

As set out in my statement of 11 March outlining the arrangements that will be in place while I am on maternity leave, I recently published Justice Plan 2021 and Minister Humphreys together with Ministers of State Naughton and Browne will focus on the implementation of the Plan’s actions during my leave.

Question No. 1273 answered with Question No. 1235.

Capital Expenditure Programme

Questions (1274)

Jim O'Callaghan

Question:

1274. Deputy Jim O'Callaghan asked the Minister for Justice if she plans to provide capital expenditure for a new premises to an organisation (details supplied); and if she will make a statement on the matter. [15503/21]

View answer

Written answers

I can advise the Deputy that my Department has received an application for funding from the organisation concerned and will shortly be making direct contact with that organisation to see how the Department might be able to assist with their accommodation needs.

Departmental Correspondence

Questions (1275)

Seán Sherlock

Question:

1275. Deputy Sean Sherlock asked the Minister for Justice if she will address an issue raised in correspondence (details supplied). [15519/21]

View answer

Written answers

As previously advised, the application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed. It is at an advanced stage and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the applicant 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.

Naturalisation Applications

Questions (1276)

Seán Canney

Question:

1276. Deputy Seán Canney asked the Minister for Justice if important documents such as passports can be returned to persons immediately on applying for naturalisation given that the current process can take two to four years and persons cannot be without their passports for that duration; and if she will make a statement on the matter. [15522/21]

View answer

Written answers

My Department has not suspended the receipt or processing of citizenship applications at any stage during the pandemic. However, processing rates have unfortunately been negatively impacted by the attendant health and safety related restrictions. 

Under normal circumstances, passports are returned approximately 10 days after their receipt.  However, the current limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports.  

Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons.  The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk citizenshipinfo@justice.ie with the relevant details including postal tracking reference if available. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly.

Residency Permits

Questions (1277)

Catherine Connolly

Question:

1277. Deputy Catherine Connolly asked the Minister for Justice the status of a residence card application by a person (details supplied); and if she will make a statement on the matter. [15529/21]

View answer

Written answers

The person referred to by the Deputy submitted an application for a EU1 - Residence card with the EU Treaty Rights Division of the Immigration Service of my Department on 18 December 2020. They will be contacted in writing as soon as a decision has been made on their application.

All applications of this type are dealt with in chronological order of receipt and decisions are made on a case by case basis. While the Immigration Service endeavours to process applications as quickly as possible, processing times may vary due to a number of factors, including the number of applications on hands, individual circumstances, the complexity of the application and whether further information is required.

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.

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