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Wednesday, 28 Apr 2021

Written Answers Nos. 794-812

Workplace Relations Commission

Questions (794)

Niall Collins

Question:

794. Deputy Niall Collins asked the Minister for Justice if she will respond to a matter raised in correspondence by a person (details supplied) in relation to a Workplace Relations Commission award; and if she will make a statement on the matter. [21247/21]

View answer

Written answers

As the Deputy is aware, the Protected Disclosures Act was enacted in 2014 to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. 

The Act also affords very important protections to persons making protected disclosures. I am sure that the Deputy will appreciate therefore that it would not be appropriate for me to comment on, nor confirm the existence of any specific protected disclosure. The protection of those wishing to make a protected disclosure rightly prioritises the confidentiality of the process, which is central to the efficacy of that process.

In addition, as the matter referred to by the Deputy is before the Labour Court, it would not be appropriate for me to make a statement on the matter.

Victim Support Services

Questions (795)

Holly Cairns

Question:

795. Deputy Holly Cairns asked the Minister for Justice the training provided to An Garda Síochána and employees of the Courts Service in dealing with victims of sexual abuse and violence including physical, psychological and online abuse; and if she will make a statement on the matter. [21285/21]

View answer

Written answers

'Supporting a Victims Journey’ which is being implemented as a priority, includes the provision of specific training for all of the key personnel a victim comes into contact with during the course of their journey throughout the criminal justice system.

To deliver on this objective, a sub-group has been tasked with; identifying gaps in the current provision and recommending measures to address same, ascertaining the types of training that is needed, and designing a framework for its delivery. In the coming weeks we will be advertising for expressions of interest from consultants who can work with us to analyse existing training provision and identify where the gaps are. This is the first step in putting additional training provisions in place to meet unmet needs.

The Deputy will be aware that, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána, including personnel or human resources matters, such as arranging training courses for Garda members.

To be of assistance, I have contacted the Garda Commissioner in respect of the information sought by the Deputy.

I am informed that currently there is a wide variety of training being provided to all Gardaí in respect of vulnerable victims including;

- Core training for all members of An Garda Síochána on domestic violence, including   a module on the Domestic Violence Act, 2018, including specific  training  and awareness on coercive control.

- Comprehensive e-learning course on victim engagement, which will cover the rights of every victim of crime, with a particular focus on the needs of victims of sexual crimes and the special measures and protections that can be offered to them during investigations and court proceedings.

- New and enhanced Domestic Abuse e-learning training.

- In  response to Covid19, Garda National Protective Services Bureau (GNPSB)  are in the process of designing a  comprehensive e-learning course on victim engagement, which will cover the  rights of every victim of crime, with particular focus on the needs of vulnerable victims, such as victims of sexual crimes and the special measures and protections that can be offered to them during investigations and court proceedings.

- As part of the BA in Applied Policing Training Programme; Trainee Gardaí are  trained as First Responders to deal with incidents and engage with witnesses and victims of assault, rape and sexual assault as reported to members of An Garda Síochána and participate in a Domestic Violence  workshop on Domestic Violence Legislation and related Policy. All probationer Gardaí complete Children First Training which covers the Children First Act 2015 and Children First  National Guidance for Protection and Welfare of Children 2017 and examines the responsibilities of members of An Garda Síochána in the area of Child Abuse Investigations.

- Training in dealing with victims with more substantial victim liaison, delivered via a Family Liaison Officer (FLO). All FLOs receive considerable training in victim engagement and liaison.

- The Harassment, Harmful Communications and Related Offences Act will be covered on level 3 witness training as of the 10th May 2021 in the lesson entitled ‘Victims of Sex Crime’ (delivered by GNPSB).

- The Garda Síochána Interviewing Model (GSIM) for Investigative Interviewing is a  tiered system of training and each level contains training at an appropriate level.  Advanced Investigative Interviewing lectures cover topic areas such as domestic abuse and coercive control, victims of sex crime and vulnerability and trauma narratives. 

- Additionally, as part of the specialist interview course, training is provided to members of An Garda Síochána in dealing with victims and witnesses under the age of 18 and people with intellectual disabilities, who are alleging crimes of sexual abuse and violence including physical, psychological and  online abuse. 

- The training that is provided as part of the investigative interviewing courses aims to ensure that members are trained from an investigative Interviewing perspective to deal with victims of sexual abuse and violence including physical, psychological and online abuse.

- The  Divisional Protective Service Units, which have recently been formed in all Garda Divisions nationwide, specialise in the investigation of sexual crimes. Personnel attached to these units have received training on sexual  crime, domestic abuse, online child exploitation, child protection and victim rights and engagement.

- Currently  the University of Limerick is providing a bespoke online course on human rights, which contains modules on victims of crime and vulnerable witnesses and is being undertaken by Garda personnel. 

- With regard to victims of Online Child Exploitation, the training given to Garda personnel attached to Divisional Protective Services Units contains procedures on how to advise and deal with victims of this abuse.  The training with regard to dealing on a face-to-face basis with children who are victims of this crime is primarily delivered through the Specialist Victim Interviewing.

- The Garda National Protective Services Bureau, through its dedicated Human Trafficking Investigation and Coordination Unit (HTICU),  provides specific human trafficking training as part of the core curriculum to all trainee Garda during their formation in the Garda College.  This training includes victim identification, awareness and procedure, specific to offences of a sexual exploitation and sexually violent nature.

- HTICU personnel also participate in continuous professional development courses specific to victims of sexual exploitation and sexual violence and receive specialist training on an on-going basis from Europol, Interpol, CEPOL, the European Commission, the US State Department of Homeland Security and the FBI.

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 administration and business of the Courts Service.

With regard to the specific information sought and to be of assistance to the Deputy, I have made enquiries with the Courts Service.

I am informed that under the Modernisation Programme, the courts service have recently finished a pilot course for Trauma Informed Practice. This course focuses on staff awareness of how trauma can affect those who engage with the services of the courts. It is expected that this training will be rolled out to all staff in due course.

In addition, staff who perform the role of Video Link Assistants are undertaking training in the area of Child Protection.

The Courts Service is keenly aware of its obligations under the Victims of Crime Act 2017, and a number of information sessions were provided to staff in relation to this.

Online Safety

Questions (796)

Holly Cairns

Question:

796. Deputy Holly Cairns asked the Minister for Justice her views on a campaign (details supplied); and if she will make a statement on the matter. [21286/21]

View answer

Written answers

I recognise the immense courage of victims in sharing their experiences, both of the abuse they have survived and of their engagement with the criminal justice system. It is something I am very grateful for because it is so important to our understanding of where there are gaps in the system and reforms that need to be advanced. It also shows victims of similar abuse that they are not alone and hopefully encourages others to reach out for support and to report the abuse.

From the information I have on the campaign mentioned by the Deputy, the aims of it, in particular its focus on education and training, on awareness raising and on promoting responsible online behaviour, are to be welcomed.

As the Deputy is aware, 'Coco's Law', which has been enacted as the Harassment, Harmful Communications and Related Offences Act 2020, entered into force on 10 February 2021.

Coco’s Law gives An Garda Síochána the tools they need to make sure that those who commit abusive crimes both online and offline can be prosecuted and, if prosecuted and found guilty, our courts now have sentences available to them that reflect the level of harm these crimes cause to their victims. I understand from An Garda Síochána that training on The Harassment, Harmful Communications and Related Offences Act will be covered on level 3 witness training as of the 10th May 2021 in the lesson entitled ‘Victims of Sex Crime’ (delivered by Garda National Protective Services Bureau).

My Department is currently running the No Excuses campaign which aims to increase awareness of sexual harassment and sexual violence in Irish society. Our plan is to incorporate information on Coco’s Law into this campaign in the coming months. This will include a focus on ensuring there is public awareness of the fact that the sharing of intimate images is a form of sexual abuse and one which now carries a significant penalty.

We intend to communicate our message in a way that will build on our existing No Excuses campaign and its key message of not excusing sexual harassment or sexual violence.

This is an important time to increase awareness and educate people about the consequences both legal and psychological of sharing images without consent.

'Supporting a Victims Journey’, which will be implemented as a priority, places a strong emphasis on the need for victims to be treated with dignity and respect at every stage throughout the process and includes the provision of specific training for all of the key personnel a victim comes into contact with during the course of their journey through the criminal justice system. Such personnel includes the Gardaí, the DPP, the judiciary and the legal profession.

To deliver on this objective, a sub-group has been tasked with identifying gaps in the current provision and recommending measures to address same, ascertaining the types of training that is needed, and designing a framework for its delivery. In the coming weeks, we will be advertising for expressions of interest from consultants who can work with us to analyse existing training provision and identify where the gaps are: this is the first step in putting additional training provisions in place to meet unmet needs.

Irish Language

Questions (797, 824, 825)

Holly Cairns

Question:

797. Deputy Holly Cairns asked the Minister for Justice the steps she is taking to ensure that persons can apply for work and residency permits and citizenship in Irish; and if she will make a statement on the matter. [21287/21]

View answer

Holly Cairns

Question:

824. Deputy Holly Cairns asked the Minister for Justice the way in which her Department and agencies under her remit facilitate persons wishing to engage with their services through the Irish language; and if she will make a statement on the matter. [21907/21]

View answer

Holly Cairns

Question:

825. Deputy Holly Cairns asked the Minister for Justice if all forms issued by her Department and agencies under her remit are available in both the Irish and English languages; and if she will make a statement on the matter. [21925/21]

View answer

Written answers

I propose to take Questions Nos. 797, 824 and 825 together.

I can inform the Deputy that, as of last week, the Irish version of the Form 8 application for Irish citizenship has been updated and is available on our website at:

www.irishimmigration.ie/wp-content/uploads/2021/04/Foirm-8-21-04-2021.pdf).

This new translation of the 36-page form is a highly legal document, containing three declarations, provisions in relation to GDPR, and detailed instructions on completing the form. It sets a valuable precedent for the translation of all application forms for Irish citizenship, which my Department, in written communications with the Office of the Language Commissioner, has committed to providing by the end of September.

The Form 8 application for citizenship (adult application) is by far the most frequently used form and was therefore prioritised for translation. However, work on the translation of the other citizenship application forms has already commenced.

My Department has the necessary resources in place to ensure that people wishing to make citizenship applications through Irish can do so. There are currently two officials in the Citizenship Division who are competent to carry out their business through Irish.

More broadly, my Department facilitates anyone wishing to engage with its services through the Irish language. There are 30 members of staff across the Department who are available to provide services and answer queries in Irish. 23 courses were run in the offices of my Department in Dublin and Killarney from 2006, the commencement year of the Department’s Irish Scheme. Those courses were tailored specifically for the officials of my Department, and related to both written and oral Irish.  

In addition, my Department has supported – and continues to support – members of staff who wish to attend Irish courses outside of the Department and to do online Irish courses. Last year, 15 officials participated, at various levels, in the Certificate in Professional Irish course provided by Gaelchultúr. Through their attendance at those courses, the ability and confidence of those officials to serve the public through Irish, as regards spoken and written Irish, has increased.

As stated in our Irish Language Scheme, despite its broad range of functional areas, my Department generally does not provide services directly to the public except in a number of specific areas.

Since early 2003, my Department has employed an Irish translator principally to oversee and carry out translations of the Rules of Court. Since then, my Department has published the official Irish version of the 1986, 1997 and 2001 consolidations of the Rules of the Superior Courts, the District Court Rules and the Circuit Court Rules, and many of the Amendments subsequently made to them, including the Rules of the Superior Courts (Court of Appeal Act 2014) 2014. All are available on our website at:  www.justice.ie/en/JELR/Pages/Irish_Rules_of_Court).

Irish versions of the relevant forms for Criminal Injuries Compensation; Firearms and Ammunition; Explosives/Pyrotechnics; Bookmaker Licences; and Subject Access Requests are also available at www.justice.ie/ga/JELR/Pages/WP15000296).

It continues to be my Department’s policy, in so far as possible, to provide an Irish version of any form or document specifically requested and we have a legal obligation under our Irish Language Scheme to reply in Irish to correspondence received in Irish.  

All of the application forms produced by the following bodies under the remit of my Department are also available bilingually:

- The Property Registration Authority;

- The Private Security Authority; and

- The Irish Film Classification Office.

Visa Applications

Questions (798)

Holly Cairns

Question:

798. Deputy Holly Cairns asked the Minister for Justice the status of a visa application by a person (details supplied); and if she will make a statement on the matter. [21288/21]

View answer

Written answers

The visa application referred to by the Deputy was refused by the Visa Office in Dublin on 14 December 2020. The reasons for this decision were set out in the refusal letter sent to the applicant at that time. An appeal of this decision was launched on 12 January 2021.

To be fair to all applicants, appeals for applications of this type are processed in the order in which they are received. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.

Full consideration will be given to any appeals received on behalf of the applicants. However the onus is on applicants to satisfy the Visa Officer that visas should be granted. Processing times and decisions can be checked at the webpage for the relevant office.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh.

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.  

Taxi Licences

Questions (799)

Kathleen Funchion

Question:

799. Deputy Kathleen Funchion asked the Minister for Justice the status of the issuing of PSV licences for taxis; if the issuing of new PSV licences has been delayed due to Covid-19; and if there is a backlog (details supplied). [21301/21]

View answer

Written answers

As the Deputy is aware, An Garda Síochána is responsible for the issuing of licences to drivers of SPSVs. I am informed by the Garda authorities that where all appropriate documentation is supplied in support of the application, there is currently no delay in the issuing of the licence to the driver.  

Legislative Programme

Questions (800)

Thomas Gould

Question:

800. Deputy Thomas Gould asked the Minister for Justice when the gambling control Bill will be published; and if the Bill will explicitly transfer gambling addiction to the remit of the Minister for Health. [21344/21]

View answer

Written answers

The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. The Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective.

As outlined in the Justice Plan 2021, I expect to be in a position to publish the Scheme of the Bill in Q3 2021, and will seek Government approval for the drafting of the Bill on that basis.

As the Deputy will be aware, addiction treatment is predominately a health issue and as such is the responsibility of the Health Service Executive and the Department of Health. However, the gambling regulator may also play a part in this regard.

In March 2019, the Government published the Inter-Departmental Working Group Report on Future Licensing and Regulation of Gambling. This report refers to the social impact of gambling, including the issue of problem gambling.

The new gambling legislation will provide for the establishment of a social fund, financed through the regulator and by the industry, in the form of levies on licenced operators. The social fund will support research, information campaigns, and assist appropriate prevention programmes and addiction treatment by relevant health professionals.

Garda Training

Questions (801)

Joe O'Brien

Question:

801. Deputy Joe O'Brien asked the Minister for Justice if a training programme exists or has been introduced for gardaí and Garda staff to build their competency and skills to engage effectively and positively with persons from diverse backgrounds and if she will make a statement on the matter. [21368/21]

View answer

Written answers

I have requested a report on the information sought by the Deputy from An Garda Síochána, unfortunately the report was not to hand in time. I will write to the Deputy on receipt of the report.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question number 801 of 28 April 2020 where you requested information on whether a training programme exists or has been introduced for Gardaí and Garda staff to build their competency and skills to engage effectively and positively with persons from diverse backgrounds.
You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the requested information was available.
I am informed by the Garda authorities that as part of the Garda Síochána Diversity and Integration Strategy Statement 2019-2021, there is a strong emphasis on human rights as a foundation for providing policing services. In line with Section 42 of the Irish Human Rights and Equality Act 2014, the Garda Commissioner has committed to building the organisation's human rights capacity and progressing its internal and external diversity and inclusion initiatives.
An Garda Síochána will be rolling out a comprehensive hate crime and diversity training programme across the organisation during 2021. The training will cover Hate Crime and Diversity Awareness and has contributions from a number of minority communities as well as NGO’s. The training will be delivered to both Garda members and Garda Staff. This will build upon the diversity training embedded into all aspects of the BA in Applied Policing, which is undertaken by all trainee/probationer Gardaí.
This training will support and deliver a professional and human rights based policing service to diverse communities in a non-discriminatory and professional manner and is a key target of the Garda Diversity and Integration Strategy 2019-2021.
The strategy coincides with the introduction by An Garda Síochána of a ‘working definition of hate crime’ to ensure that its Policing Plan commitment of delivering a victim-centred policing service, focussed on keeping people safe, protecting the most vulnerable and providing a consistently high standard of service is met.
You may further wish to note that there are currently 281 Garda Diversity Officers located across the country to help and support victims and members carrying out investigations into hate crime. Members of the Garda National Diversity Unit are also available to assist and support all members on the frontline.
I trust this information is of assistance.

Road Traffic Accidents

Questions (802)

Patrick Costello

Question:

802. Deputy Patrick Costello asked the Minister for Justice the number of reported collisions and traffic incidents occurring at or 100 metres before or after Knockmaroon Hill, Chapelizod, Dublin 20 in each of the years 2015 to 2020 and to date in 2021, in tabular form. [21395/21]

View answer

Written answers

I have requested a report on the information sought by the Deputy from An Garda Síochána, unfortunately the report was not to hand in time. I will write to the Deputy on receipt of the report.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 802 which was for answer on 28 April 2021, where you requested the number of reported collisions and traffic incidents occurring at or 100 metres before or after Knockmaroon Hill, Chapelizod, Dublin 20 in each of the years 2015 to 2020 and to date in 2021. You will recall that the information could not be obtained in the time available and my Department undertook to consult with An Garda Síochána and contact you again when the information was available.
As you will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including the enforcement of road traffic legislation. As Minister for Justice, I have no direct role in these matters.
I am advised by the Garda authorities that all fatal, serious and non-serious injury collisions in the area surrounding Knockmarron Hill, Chapelizod from 2015 to 2021 were examined. The Garda authorities have noted a total of 40 collisions, comprising 17 fatal or serious injury collisions and 23 non-serious injury collisions.
I am informed that these figures are based on collisions which occurred from 1 January 2015 to 13 May 2021. All information contained in this report is based upon operational data from the Pulse system as was available on 14 May 2021 and is liable to change.
I am further advised by the Garda authorities that due to the nature of the data, providing a further breakdown of the information would have required a disproportionate allocation of Garda time and resources.
I trust this information is of assistance.

Road Traffic Offences

Questions (803)

Catherine Murphy

Question:

803. Deputy Catherine Murphy asked the Minister for Justice the number of persons summoned to court for not paying a fixed charge notice for speeding by District Court in 2019, 2020 and to date in 2021; and if all fixed charge notices are issued via registered post. [21424/21]

View answer

Written answers

I am informed by the Garda authorities that Fixed Charge Notices are generally issued by standard post.

As the Deputy will be aware, there are no summons issued for the failure to pay a Fixed Charge Notice within the statutory payment window. Rather, a person who chooses to exercise their right to not pay the Fixed Charge Penalty will be summonsed to Court for the offence for which the Fixed Charge Notice was originally issued - in the case of the information requested that would be the offence of speeding.

For the information of the Deputy, the below figures furnished to me by the Courts Service provide the number of persons before the courts & finalised  for the offence of speeding, by District Court, for the periods Jan – Dec 2019, Jan – Dec 2020 & Jan – 31 March 2021.

Please further note that a defendant may be listed in Court for that year in more than one Court Area and this defendant would be displayed more than once in this report.

   Court Area  

   2019

   No. of Persons  

   2020

   No. of Persons  

   Jan - Mar 2021

   No. of Persons  

AN CLOCHAN LIATH

2

2

3

AN DAINGEAN

6

3

1

AN FAL CARRACH

4

2

0

ARDEE

123

48

1

ARKLOW

117

83

2

ATHLONE

191

151

3

ATHY

165

115

107

BALLAGHADERREEN

11

18

11

BALLINA

134

74

23

BALLINASLOE

464

255

118

BALLYSHANNON

110

75

31

BANDON

408

245

5

BANTRY

13

7

1

BEAL AN MHUIRTHEAD

7

3

13

BRAY

213

162

3

BUNCRANA

37

81

26

CAHIRCIVEEN

 

2

3

CARLOW

249

140

160

CARNDONAGH

42

33

5

CARRICK ON SHANNON

93

38

11

CARRICK ON SUIR

37

21

31

CARRICKMACROSS

169

84

8

CASHEL

233

221

101

CASTLEBAR

286

269

2

CASTLEREA

16

8

6

CAVAN

182

130

74

CLIFDEN

9

3

1

CLONAKILTY

23

10

4

CLONMEL

58

49

13

CORK CITY

698

381

77

DOIRE AN FHEICH

162

86

0

DONEGAL

57

36

4

DROGHEDA

209

198

3

DUBLIN METROPOLITAN DISTRICT

3,403

2,481

856

DUNDALK

221

148

1

DUNGARVAN

323

257

166

ENNIS

869

508

152

FERMOY

305

209

51

GALWAY

434

278

36

GOREY

439

265

66

GORT

31

33

0

KENMARE

1

2

1

KILCOCK

174

0

0

KILKENNY

553

287

61

KILLALOE

39

25

29

KILLARNEY

310

211

34

KILLORGLIN

3

4

1

KILRUSH

28

11

6

LETTERKENNY

288

311

52

LIMERICK

1,112

785

151

LISMORE

16

9

5

LISTOWEL

112

69

37

LONGFORD

282

184

58

LOUGHREA

263

204

73

MACROOM

220

81

0

MALLOW

86

113

29

MANORHAMILTON

7

15

3

MEATH

732

306

75

MIDLETON

286

165

42

MONAGHAN

250

169

23

MULLINGAR

174

164

116

NA GLEANNTA

3

0

2

NAAS

3,375

938

539

NENAGH

223

167

74

NEWCASTLE WEST

543

275

93

PORTLAOISE

628

339

350

ROSCOMMON

83

66

72

SKIBBEREEN

8

3

5

SLIGO

386

280

55

STROKESTOWN

45

40

54

THURLES

107

67

49

TIPPERARY

20

9

6

TRALEE

218

212

42

TUAM

132

107

1

TUBBERCURRY

93

87

12

TULLAMORE

207

113

19

VIRGINIA

99

58

63

WATERFORD CITY

452

244

173

WESTPORT

6

0

0

WEXFORD

361

201

140

WICKLOW

385

276

3

YOUGHAL

40

39

26

 Total

22,903

13,848

4,753

           

Garda Transport Provision

Questions (804)

Catherine Murphy

Question:

804. Deputy Catherine Murphy asked the Minister for Justice if funding will be provided to purchase five additional vans for the Garda armed support unit. [21427/21]

View answer

Written answers

The Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána.  In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands.  This includes responsibility for the allocation of Garda vehicles.  As Minister, I have no direct role in these 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 government, through my Department, has provided significant capital investment to be made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021.  This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.  The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.  

I am advised that €8m has been made available in the Fleet Management Capital Budget in 2021 for the purchase and fit-out of vehicles. I am informed by Garda authorities that 10 new vehicles have been ordered for Armed Support. I am further informed that these 10 new vehicles do not include vans.

Road Traffic Offences

Questions (805)

Catherine Murphy

Question:

805. Deputy Catherine Murphy asked the Minister for Justice the number of persons summoned to court for not paying a fixed charge notice for driving while holding a mobile phone by District Court in 2019, 2020 and to date in 2021, in tabular form. [21428/21]

View answer

Written answers

As the Deputy may be aware, there are no summons issued for the failure to pay a Fixed Charge Notice within the statutory payment window. Rather, a person who chooses to exercise their right to not pay the Fixed Charge Penalty will be summonsed to Court for the offence for which the Fixed Charge Notice was originally issued - in the case of the information requested, the offence of driving whilst holding a mobile phone.

I have contacted the Courts Service and have been advised that the following table shows the number of persons before the courts and finalised for the offence of driving while holding a mobile phone by District Court for the periods Jan – Dec 2019, Jan – Dec 2020 & Jan – 31st March 2021.

It should be noted that a defendant may be listed in more than one Court Area for each year and such defendants would be displayed more than once in this report.

Court Area

Jan - Dec 2019

No. of Persons  

Jan - Dec 2020

No. of Persons  

Jan - 31 Mar 2021

No. of Persons  

ACAILL

0

0

*

AN CLOCHAN LIATH

*

*

0

AN DAINGEAN

*

0

0

AN FAL CARRACH

*

0

*

ARDEE

36

12

0

ARKLOW

24

11

0

ATHLONE

42

25

*

ATHY

20

10

*

BALLAGHADERREEN

*

0

*

BALLINA

43

34

*

BALLINASLOE

19

20

13

BALLYSHANNON

*

*

*

BANDON

46

27

13

BANTRY

10

*

*

BEAL AN MHUIRTHEAD

*

*

*

BRAY

78

44

*

BUNCRANA

32

31

*

CAHIRCIVEEN

*

*

0

CARLOW

93

104

49

CARNDONAGH

*

*

0

CARRICK ON SHANNON

36

19

*

CARRICK ON SUIR

*

*

*

CARRICKMACROSS

81

31

*

CASHEL

39

22

*

CASTLEBAR

65

90

*

CASTLEREA

*

*

0

CAVAN

65

44

12

CLIFDEN

*

*

*

CLONAKILTY

15

*

0

CLONMEL

18

16

10

CORK CITY

371

190

97

DOIRE AN FHEICH

*

*

0

DONEGAL

*

*

*

DROGHEDA

45

41

*

DUBLIN METROPOLITAN DISTRICT

1,431

821

228

DUNDALK

50

35

*

DUNGARVAN

39

17

15

ENNIS

109

51

25

FERMOY

45

20

*

GALWAY

272

176

30

GOREY

147

61

33

GORT

32

13

0

KILCOCK

23

0

0

KILKENNY

121

55

42

KILLALOE

11

*

*

KILLARNEY

69

26

*

KILLORGLIN

*

*

0

KILRUSH

15

*

*

LETTERKENNY

31

49

12

LIMERICK

430

295

33

LISMORE

*

*

*

LISTOWEL

15

17

*

LONGFORD

55

40

13

LOUGHREA

43

20

11

MACROOM

44

17

*

MALLOW

56

61

25

MANORHAMILTON

*

0

0

MEATH

114

78

45

MIDLETON

94

68

*

MONAGHAN

19

12

*

MULLINGAR

23

*

*

NA GLEANNTA

 0

*

0

NAAS

340

157

49

NENAGH

26

26

14

NEWCASTLE WEST

93

53

13

PORTLAOISE

198

66

46

ROSCOMMON

32

19

*

SKIBBEREEN

*

*

0

SLIGO

106

42

0

STROKESTOWN

*

*

0

THURLES

48

26

17

TIPPERARY

24

*

*

TRALEE

121

96

*

TUAM

51

27

*

TUBBERCURRY

15

13

0

TULLAMORE

64

38

20

VIRGINIA

41

31

18

WATERFORD CITY

176

112

23

WESTPORT

*

0

0

WEXFORD

166

115

56

WICKLOW

37

28

*

YOUGHAL

*

*

0

Total no of Persons

6,081

3,635

1,089

* Less than 10

Garda Support Services

Questions (806)

Catherine Murphy

Question:

806. Deputy Catherine Murphy asked the Minister for Justice the number of dogs currently in the Garda dog unit that are trained in explosives. [21429/21]

View answer

Written answers

As the Deputy will be aware, the Commissioner is responsible for the administration and management of An Garda Síochána, including the allocation of resources to the various units within the organisation. As Minister I have no direct role in these matters.

I am informed by the Garda authorities that there are currently 28 dogs attached to the Garda Dog Unit, consisting of general purpose, drugs and explosive detection dogs.  There are currently five dogs trained in explosives detection attached to the unit. 

Garda Equipment

Questions (807)

Catherine Murphy

Question:

807. Deputy Catherine Murphy asked the Minister for Justice the number evidential breath testing machines allocated to each Garda division as of 16 April 2021, in tabular form. [21430/21]

View answer

Written answers

The Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána.  Under this legislation, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands.  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. 

I am advised by the Garda authorities that, as at 26 April 2021, the number of evidential breath testing machines allocated to each Garda Division is as follows:

Division

Number of Evidential Breath Testing machines allocated to each Garda Division

Cavan/Monaghan

5

Clare

4

Cork City

1

Cork North

4

Cork West

3

DMR East

1

DMR North

2

DMR North Central

2

DMR South

1

DMR South Central

2

DMR West

3

DMR Roads Policing

0

Donegal

5

Galway

5

Kerry

3

Kildare

4

Kilkenny/Carlow

2

Laois/Offaly

3

Limerick

3

Louth

2

Mayo

3

Meath

4

Roscommon/   Longford

2

Sligo/Leitrim

2

Tipperary

7

Waterford

2

Westmeath

2

Wexford

4

Wicklow

4

Total

85

Garda Support Services

Questions (808)

Catherine Murphy

Question:

808. Deputy Catherine Murphy asked the Minister for Justice the capacity of each motorcycle shed for roads policing motorcycles in each roads policing unit base in tabular form. [21431/21]

View answer

Written answers

I have requested a report on the information sought by the Deputy from An Garda Síochána, unfortunately the report was not to hand in time. I will write to the Deputy on receipt of the report.

The following deferred reply was received under Standing Order 51
I refer to your Parliamentary Question (No. 808 of 28 April 2021) where you sought: “….the capacity of each motorcycle shed for roads policing motorcycles in each roads policing unit base in tabular form”.
As you will recall, it was not possible to obtain the information in the time available and Minister McEntee undertook to consult with An Garda Síochána and contact you again when the information was available. I regret the delay in responding to you.
The report is now to hand and I am informed by the Garda authorities that, there are currently 50 Garda districts which have motorcycles assigned to them. I understand that it is not a requirement, on the allocation of a motorcycle to a Garda station, that a purpose built shed be available to house the vehicle.
The table below outlines the storage/parking facilities which are available in each of the 50 districts which have been assigned motorcycles:

Number of Districts with Storage Facilities (shed/garage)

Number of Districts with outdoor parking bays

Number of Districts with no dedicated storage/parking facility available

39

6

5

I hope that this information is of assistance.

Garda Civilian Staff

Questions (809)

Catherine Murphy

Question:

809. Deputy Catherine Murphy asked the Minister for Justice if any handwriting experts are employed by An Garda Síochána; if not, the plans to employ handwriting experts. [21432/21]

View answer

Written answers

As the Deputy may be aware, the documents and handwriting service of the Garda Technical Bureau transferred to Forensic Science Ireland (FSI) on 2 December 2019. 

FSI is an associated office of the Department of Justice and provides comprehensive scientific analysis, independent expert opinion, advice and training to support the Irish Criminal Justice system. FSI analyses submissions from a wide variety of cases including murders, significant drug seizures, aggravated assaults, suspected explosive devices and sexual assaults, and represents findings as expert witnesses in court.

I am advised that an expert handwriting analysis service is currently provided by two seconded Detective Gardaí and one forensic scientist, and that two further forensic scientists are in training in the area.

Garda Investigations

Questions (810)

Catherine Murphy

Question:

810. Deputy Catherine Murphy asked the Minister for Justice the number of investigations carried out by gardaí into breaches of the Gaming and Lotteries Act 1956 in each of the years of 2018 to 2020; and the number of files referred to the DPP by An Garda Síochána in the same years as part of its investigation. [21433/21]

View answer

Written answers

The Deputy will be aware that gaming without a permit or license is prohibited and is an offence under Section 4 of the Gaming and Lotteries Act 1956, as amended by Section 3 of the Gaming and Lotteries (Amendment) Act 2019.

Promoting a lottery without a permit or license is prohibited and is an offence under Section 26 of the Gaming and Lotteries Act 1956, as amended by Section 8 of the 2019 Act.

I have contacted An Garda Síochána for the information requested and have been advised that there are 23 incidents of the ‘Gaming and Lotteries’ type recorded on PULSE since the beginning of 2018 to date in 2021.

Because an Garda Síochána do not report figures of less than 10 incidents it is unfortunately not possible to provide an annual breakdown as there were less than 10 incidents in all years. 

I am further informed that there are no charges or summonses recorded on PULSE over the timeframe which refer to this Act. 

Garda Equipment

Questions (811)

Catherine Murphy

Question:

811. Deputy Catherine Murphy asked the Minister for Justice the last time Garda public order shields and helmets were last updated; and when they are next scheduled to be updated. [21434/21]

View answer

Written answers

I have requested a report on the information sought by the Deputy from An Garda Síochána, unfortunately the report was not to hand in time. I will write to the Deputy directly on receipt of the appropriate information.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 811 which was for answer on 28 April 2021, where you requested the last time Garda public order shields and helmets were last updated; and when they are next scheduled to be updated.
You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the information was available.
As you will appreciate, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána as well as for decisions in relation to the allocation and management of Garda equipment and resources. I have no direct role in these matters.
I have been informed by Garda authorities that public order shields and helmets are purchased in conjunction with the input of the public order unit to ensure they are compatible with all other items of equipment provided to this unit and that they meet the safety standards required, specifically flame retardant standards. These items are kept under review by procurement and the public order units to ensure that they continue to meet the highest standards at all times.
I have also been informed by Garda authorities that the last full review of public order equipment took place in 2019. There have been minor changes made over the years to the helmets and shields to update safety features. The contract for other public order equipment will be renewed in late 2022 and all public order equipment will be reviewed as part of this process.
I trust this information is of assistance.

Visa Applications

Questions (812)

Bernard Durkan

Question:

812. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an appeal for a visa in the case of persons (details supplied); and if she will make a statement on the matter. [21442/21]

View answer

Written answers

The visa applications referred to by the Deputy were refused by the Visa Office in Abuja on 2 November 2020. The reasons for this decision were set out in the refusal letter sent to the applicants at that time. An appeal of this decision was submitted on 19 January 2021.

To be fair to all applicants, appeals for applications of this type are processed in the order in which they are received. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.

Full consideration will be given to any appeals received on behalf of the applicants. However the onus is on applicants to satisfy the Visa Officer that visas should be granted. Processing times and decisions at the Overseas Visa Offices can be checked at the webpage for the relevant office.  

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh.

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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