Written Answers Nos. 495-514
496. Deputy Jim O'Callaghan asked the Minister for Justice the number of gardaí by rank attached to the domestic abuse intervention unit in the Dublin metropolitan region, DMR, north as of 17 May 2021; and if she will make a statement on the matter. [27805/21]
View answerI 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.
497. Deputy Martin Browne asked the Minister for Justice if An Garda Síochána will be recruiting in 2021; and if she will make a statement on the matter. [27872/21]
View answer506. Deputy Jim O'Callaghan asked the Minister for Justice the number of persons currently on a panel waiting for recruitment into An Garda Síochána; and if she will make a statement on the matter. [28185/21]
View answerI propose to take Questions Nos. 497 and 506 together.
As the Deputies may be aware, under Section 26 of the Garda Síochána Act 2005, the Garda Commissioner is responsible for generally managing, administering and carrying on the business of An Garda Síochána, including the recruitment and training of Garda members and staff.
The Public Appointments Service (PAS) administers the initial stages of any recruitment competition for An Garda Síochána on behalf of the Commissioner, including any panels associated with those competitions. PAS is the independent body responsible for public service recruitment under the provisions of the Public Service Management (Recruitment and Appointments) Act 2004.
While Budget 2021 provided for the recruitment of up to 620 new Gardaí this year, the Commissioner has indicated that, due to the impact of the CoVID-19 pandemic, recruitment is likely to be of the order of 450 trainees spread over four intakes in 2021. The first such intake (of 150) commenced training in the Garda college yesterday, 24 May. The remaining scheduled commencement dates, subject to public health restrictions, are 19 July 2021, 20 September 2021 and 15 November 2021. It is anticipated that all trainees in 2021 will all be assigned from previous competitions.
I am informed that there are currently 572 Garda Trainee candidates at various stages of the recruitment process in An Garda Síochána (in addition to those who commenced training yesterday). I am further informed that consideration is being given to holding a recruitment competition later this year. Further information about joining An Garda Síochána is available at the following links: www.garda.ie/en/faqs/?id=4851
www.garda.ie/en/careers/why-should-i-join-an-garda-siochana-/how-do-i-join-an-garda-siochana-.html.
498. Deputy Eoin Ó Broin asked the Minister for Justice the status of the outbreak of Covid-19 in Mountjoy Prison; the way the prison is being managed with respect to limiting the spread of infection; the way the outbreak is affecting prisoners access to facilities; and when prisoners will receive Covid-19 vaccinations. [27876/21]
View answerI have been informed by the Director General of the Irish Prison Service that the outbreak of Covid-19 in Mountjoy Prison, which was confirmed on 7 May 2021 has been successfully contained and the prison returned to a more normal regime on Friday 21 May 2021.
This outbreak was the most serious outbreak to occur within our prisons since the emergence of Covid-19 in 2020. The outbreak resulted in 38 confirmed prisoner cases and a large number of staff cases. Previous outbreak situations in prisons were, in general, restricted to one location within the prison however, given the increased infectivity with this strain of the virus there were cases of Covid-19 confirmed in most areas of the prison.
The Irish Prison Service has a comprehensive contingency plan for the management of Covid-19 outbreaks. Upon confirmation of an outbreak situation, an Outbreak Control Team is established to oversee the management of the outbreak. An Outbreak Control Team, led in this case by the Director General, and comprising of prison management; Healthcare staff; National Infection Control; with representatives from the HR Directorate, Operations Directorate; and the Prison Officers Association was established on 7 May 2021.
The Outbreak Control Team managed the outbreak in line with the Irish Prison Service National Covid-19 Contingency Plan. The Plan sets out the actions to be taken with regard to the restriction of the confirmed case(s), contact tracing and the restriction of all prisoner movements while testing, contact tracing and assessment of risk are taking place. The Plan also sets out the arrangements to be made for the mass testing of all prisoners and staff.
In accordance with the Contingency Plan where there is a positive Covid-19 case in the general prison population, all prisoner movement in the prison is restricted while testing, contact tracing and assessment of the risk of the spread of the infection continues. Prisoners involved in the provision of services within the prison (kitchen, laundry etc.) continue to work with an enhanced level of PPE providing they are not a close contact of any confirmed case. Prisoners are fed and medicated at their door and are permitted to leave their cell in a controlled manner to make telephone calls.
Once the results of first round testing of all prisoners and all staff are received, any prisoners with negative test results have a degree of regime restored which strives to meet the minimum out of cell time provision of two hours. Positive prisoners and their close contacts are isolated or quarantined in accordance with HSE guidance.
The Prison Service engaged with the Health Service Executive with regard to the arrangements for the mass testing of all staff, with the mass testing of prisoners carried out by Mountjoy Prison Healthcare teams. All prisoners and staff were tested twice as per the Contingency Plan. It is the case that until the level of risk is eliminated the prison must continue to operate on a restricted regime in order to prevent the possible spread of infection.
An extensive communications plan was implemented in Mountjoy Prison to inform all key stakeholders of the actions being taken throughout the process. The Outbreak Control team was stood down on 21 May 2021 following the successful containment of the spread of virus and the prison was returned to a more normal regime.
The Covid-19 vaccination for prisoners is being administered by the National Ambulance Service, supported by Irish Prison Service medical teams. Prisoners aged over 70 have received their Covid-19 vaccination, resulting in 82 prisoners having received the vaccine to date. Approximately 360 staff, primarily involved in the escorting of prisoners to hospital, have also received their Covid-19 vaccine.
The Irish Prison Service has been engaging with the HSE/Department of Health with regard to the logistical arrangements for the administration of the vaccine to the remaining prisoner and staff cohort, and these discussions are at an advanced stage and expected to conclude shortly.
500. Deputy Denis Naughten asked the Minister for Justice if she is satisfied with the level of compliance by persons who are subject to the requirements of Part 2 of the Sex Offenders Act 2001; the number of notifications received from other jurisdictions or from Interpol regarding the travel of convicted sex offenders to Ireland during the period 2009 to 2021; and if she will make a statement on the matter. [27918/21]
View answerAs the Deputy is aware, a person found guilty in court of a sexual offence automatically becomes subject to the registration / notification requirements of Part 2 of the Sex Offenders Act 2001. The sex offender is obliged to notify the Gardaí of their name and address for a period and any change in address must be notified within a specified time.
The 2001 Act also provides for the monitoring and supervision of convicted sex offenders in the community through An Garda Síochána and the Probation Service. It further provides for Sex Offenders orders which allow the court to prohibit a convicted sex offender from doing certain things with a view to protecting the public from serious harm. The Gardaí can apply to the courts for a Sex Offenders order and ensure that offenders comply with the terms of such an order.
The Deputy is also aware that it is intended to amend the existing legislation relating to the monitoring of sex offenders and my officials are working closely with the Office of Parliamentary Counsel to advance the drafting of this bill.
Both monitoring and breach of the notification requirements are a matter for An Garda Síochána. I can assure the Deputy that An Garda Síochána engages extensively with other police forces in relation to monitoring the travel arrangements of convicted sex offenders to and from the jurisdiction, particularly in respect of those countries with similar legislation to the Sex Offenders Act 2001.
I understand that notifications on the movements of sex offenders are generally made via the Interpol Office. An Information Sharing Agreement exists between An Garda Síochána and the Police Service of Northern Ireland (PSNI) supported by a Memorandum of Understanding between the Irish and UK governments which allows the sharing of information directly between the Sex Offender Management & Intelligence Unit (SOMIU), Garda National Protective Services Bureau (GNPSB) and the Public Protection Intelligence Unit, PSNI regarding convicted sex offenders who cross over the border between both jurisdictions.
When the SOMIU receives such a notification, the intelligence is recorded on the Garda PULSE system and the relevant nominated Divisional Inspector involved in the monitoring of sex offenders is notified immediately, who is then required to organise for the monitoring of the offender, and where relevant, the offender is visited to ensure they understand their requirements under Part II of the Act of 2001. In urgent cases, members of An Garda Síochána have attended at ports of entry into the state to advise a travelling sex offender of their obligations under the act.
There are cases however, where persons with convictions abroad enter this jurisdiction and no notification is brought to the attention of An Garda Síochána, typically these type of cases occur where no sex offender legislation exists in the offender’s home country or where the offender leaves their home jurisdiction without notification to law enforcement authorities.
501. Deputy Catherine Connolly asked the Minister for Justice the number of applications for transfer from overseas into Ireland received to date in 2021; the number of applications for inward transfer under consideration; and if she will make a statement on the matter. [27938/21]
View answerThe Irish Prison Service authorities, who are the competent body for the administration of applications received under the provisions of the Council of Europe Convention on Transfer of Sentenced Persons, have confirmed that from 1 January 2021 to 20 May 2021, a total of eight applications have been received, four of which are inward. The breakdown is as follows; one from Portugal, one from Andorra and two from the UK.
All four are currently receiving the necessary attention afforded to all such applications. The Irish Prison Service authorities have confirmed that once all the required documents are collated, the cases will be submitted for my consideration.
502. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 667 of 18 May 2021, if she will provide copies of all emails and hard correspondence received from an association (details supplied) seeking a statutory instrument to enable its annual conference to proceed. [28027/21]
View answerI can confirm to the Deputy that the requested correspondence was copied to the Deputy's office on 21 May 2021.
503. Deputy Bernard J. Durkan asked the Minister for Justice the progress made to date in the determination of an application for citizenship in the case of a person (details supplied); when the application can be expected to advance; and if she will make a statement on the matter. [28049/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 22 September 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.
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.
504. Deputy Sean Sherlock asked the Minister for Justice if there is a policy of data back-up in the operations of her Department and all agencies under her remit. [28122/21]
View answerI am informed that there are back-up policies in operation for the data of my Department and the offices, agencies and bodies under its remit.
505. Deputy Jim O'Callaghan asked the Minister for Justice the number of vacancies by job title in the Office of the State Pathologist; the estimated full year cost of filling each of the vacant posts in tabular form; and if she will make a statement on the matter. [28184/21]
View answerI can inform to the Deputy that, following the recruitment campaigns for posts of Chief State Pathologist and State Pathologists in late 2020, the post of Chief State Pathologist was successfully filled and two of the State Pathology posts have also been filled. There is currently one vacancy outstanding.
In light of the difficulties experienced in recruiting in this specialised field, a recruitment campaign is in planning for a position of ‘Deputy State Pathologist’, to attract part qualified candidates with completed specialist training in histopathology who would be expected to complete their forensic training in a defined period. The salary provided would reflect this. Upon successful completion of their forensic training, that candidate would then be appointed as a State Pathologist. The estimated full year cost, upon appointment as a State Pathologist, is €163,460.
507. Deputy Jim O'Callaghan asked the Minister for Justice the number of vacancies by rank in the Garda band in tabular form; and if she will make a statement on the matter. [28186/21]
View answerI have requested a report on the information sought by the Deputy from the Garda authorities, however this was not available in time. I will write to the Deputy once the information is to hand.
|
Full Strength |
Current Strength |
Vacancies |
|
|
Superintendent * |
1 |
0 |
1 |
|
Inspector (acting superintendent) * |
1 |
1 |
0 |
|
Sergeant |
4 |
0 |
4 |
|
Garda |
40 |
26 |
14 |
508. Deputy Jim O'Callaghan asked the Minister for Justice the number of Garda cars attached to the Garda national immigration bureau that are aged over 12 years; and if she will make a statement on the matter. [28187/21]
View answerThe 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 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.
I am informed by the Garda authorities that at 20 May 2021 there were 27 vehicles attached to the Garda National Immigration Bureau (GNIB), of which 5 vehicles were over 12 years old.
The table below, which has been provided to me by the Garda authorities, sets out the age of all vehicles attached to GNIB at 20 May 2021.
|
Age Profile (years) |
No of Vehicles |
|
0-1 |
3 |
|
2 to 4 |
9 |
|
4 to 6 |
4 |
|
6 to 10 |
5 |
|
10 to 12 |
1 |
|
Over 12 |
5 |
The allocation of Garda vehicles is monitored and reviewed on a continual basis to ensure the best match with An Garda Síochána’s operational requirements.
509. Deputy Mairéad Farrell asked the Minister for Justice the amount spent by her Department on external professional legal services in 2014, 2019 and 2020, in tabular form. [28306/21]
View answerI wish to advise the Deputy of the amounts spent by my Department on external professional legal services in 2014, 2019 and 2020, as outlined in the table below.
|
Year |
External Professional Legal Services (€) |
|
2014 |
7,123,070 |
|
2019 |
7,116,144 |
|
2020 |
9,790,981 |
|
Total |
24,030,195 |
510. Deputy Duncan Smith asked the Minister for Justice the status of the review of the Multi-Unit Developments Act 2011; and if she will make a statement on the matter. [28349/21]
View answerThe 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, which are established for the purposes of ownership and management of such common areas.
In the Programme for Government, the Government has committed to conduct a review of the existing management company legislation. My Department will engage with other relevant Departments in relation to advancing this matter.
511. Deputy Violet-Anne Wynne asked the Minister for Justice the reason a person (details supplied) has not received any update on their citizenship status despite the fact their relative of comparable circumstances and who submitted their application after this person has already been granted status. [28368/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 26 September 2018. 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.
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.
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.
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.
512. Deputy Denise Mitchell asked the Minister for Justice if she plans to amend section 30 of the Data Protection Act 2018 to prevent targeted advertising to children or to produce a similar piece of legislation with the same purpose; and if she will make a statement on the matter. [28383/21]
View answerThe Deputy will appreciate that the General Data Protection Regulation (GDPR) is an EU wide instrument and Member States including Ireland cannot deviate from its provisions, nor will guidelines supersede that position.
Commencement of section 30 of the Data Protection Act 2018, raises serious matters, including the risk of infringement proceedings and the potential for significant penalties against the State. The processing of personal data for marketing and profiling purposes takes place under the so-called “legitimate interests” ground in Article 6.1(f) of the GDPR, with the case law of the European Court of Justice underlining the importance of free movement of personal data and establishing that Member States are not permitted to impose additional conditions that would have the effect of amending the scope of any of the grounds now set out in Article 6.1 of the GDPR.
The Office of the Attorney General has also advised my Department that section 30 of the 2018 Act appears to go beyond the margin of discretion afforded to Member States in giving further effect to the GDPR and would conflict with Article 6(1) (f), read alongside Recital (47). Put simply, it is not an option for a Member State to unilaterally prohibit a category of processing activities which might otherwise be lawful under Article 6.1(f). The commencement of section 30 could, therefore, give rise to a substantial risk of infringement proceedings against the State pursuant to Article 258 of the Treaty on the Functioning of the European Union.
The European Commission has also confirmed that processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest and that Article 6(1) (f) of the GDPR does not make the processing of personal data of a child for the purposes of direct marketing unlawful.
The Commission also indicated that subject to Article 22 (automated decision-making), processing of personal data of a child for the purposes of profiling is not generally prohibited, albeit the processing must take into account that children merit specific protection as clarified in recital (38).
Moreover, the Commission have indicated that the term "micro-targeting", as referenced in Section 30 of the Act, is not mentioned in the GDPR, and its scope remains uncertain and undefined.
Apart from this apparent conflict with the GDPR, the Office of the Attorney General has advised that section 30 gives rise to difficulties under Article 38.1 of the Constitution and under Article 7 of the European Convention on Human Rights. Article 38.1 provides that no person shall be tried on any criminal charge save in due course of law. In order for a domestic offence provision to comply with Article 38.1, it must be clear, precise and foreseeable in its application. It is not clear under section 30 what might constitute the processing of personal data of a child for the purposes of micro-targeting. It is also a requirement under Article 7 of the Convention that offence provisions must be sufficiently clear and precise so as to enable individuals to ascertain which conduct constitutes a criminal offence and to foresee the consequences of engaging in such conduct.
Officials in my Department are keeping this issue under review.
513. Deputy Peadar Tóibín asked the Minister for Justice the investment made by her Department and State agencies under its remit in each year in cybersecurity for the past ten years. [28848/21]
View answerFor reasons of operational and national security it would not be appropriate to disclose details, including costs, of my Department’s cyber security arrangements, or those of State offices, agencies and bodies under my remit. Any information in relation to cyber security tools and services could assist criminals in identifying potential vulnerabilities in cybersecurity arrangements. Therefore it is not considered appropriate to disclose any such information or make comment which could in any way compromise my Department’s cyber security.
514. Deputy Jennifer Whitmore asked the Minister for Agriculture, Food and the Marine if the European Commission has stated its intention to initiate infringement proceedings against Ireland and other north western waters member states over their failure to ensure adequate monitoring and control of the landing obligation; and if he will make a statement on the matter. [27447/21]
View answerDuring 2020, the European Commission carried out a series of audits on Ireland and the other Member States in the North Western Waters region in relation to the control, enforcement and inspection of activities relevant to the landing obligation.
The Commission forwarded its draft audit report to Ireland for comment last month. The monitoring and control of fishing vessels within Ireland’s Exclusive Fisheries Zone are matters for the Irish control authorities. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature are exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am expressly precluded from getting involved in operational matters such as those raised in the draft report. The SFPA prepared a detailed response to the draft audit report, which has been submitted to the Commission.
The Commission has advised that it expects to follow up with Ireland to identify the most appropriate way to ensure that the issues identified will be effectively resolved.
