Written Answers Nos. 121-140
126. Deputy Pádraig O'Sullivan asked the Minister for Justice if her attention has been drawn to the significant delays in processing applications in the Probate Office; the actions she is taking to address the matter; and if she will make a statement on the matter. [29706/21]
View answerAs the Deputy will be aware, the Probate Office is an office of the High Court. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided me with the following update on the Probate Office.
County Registrars are responsible for the management of probate in District Probate Registries outside of Dublin and are independent in carrying out their functions. The Courts Service works closely with County Registrars to support their timely processing of applications.
While there have been variations in the level of service that could be provided as a result of Covid-19 restrictions, I am assured that District Probate Registries continued to work at all times during the pandemic. As the Deputy will appreciate, the scheduling of personal application interviews must be conducted in line with public health guidelines. As a result, the Courts Service advises that personal applications did have to be curtailed during Level 5 restrictions to ensure the safety of both the applicant and staff.
The Courts Service has confirmed that interviews for personal applications resumed in May and additional staff resources have been allocated in some locations to facilitate these interviews.
The Dublin Probate Office accounts for over fifty per cent of all probate applications lodged in this jurisdiction, and the waiting time for solicitor applications is at its lowest point for many years. For applications that are correct, the waiting period is six weeks. In Cork, waiting times are 10-12 weeks for solicitors, and 14 weeks for personal applications compared to 10 weeks and 12 weeks respectively in November 2019.
District Registries normally are small offices and I understand from the Courts Service that staff turnover can lead to temporary spikes in waiting times while vacancies are filled. However, the staff of the Probate Office are committed to clearing any backlogs and I am informed that personal application backlogs have reduced and waiting times have stabilised. I know that the Court Service is committed to continuing to resource this work to minimise waiting times as far as possible.
The Courts Service also advises that the manual Revenue affidavit was removed from the probate process and replaced with an online system, which went live last September.
128. Deputy Aindrias Moynihan asked the Minister for Justice the number of gardaí in the Macroom district at the end of April 2021; the way in which this compares with the end of April 2020; and if she will make a statement on the matter. [29972/21]
View answerThe resources provided by government to An Garda Síochána have reached unprecedented levels, with an allocation of €1.88 billion in 2020 and of €1.952 billion in 2021. This has enabled sustained, ongoing recruitment.
As the Deputy will appreciate, the Garda Commissioner is responsible for the general management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes the deployment of members of An Garda Síochána throughout the State. As Minister, I have no role in these independent functions.
As at 30 April 2021 there were 74 Gardaí assigned to the Macroom District, which represents an increase of 10.4% since 2015. These Garda members are supported by 5 Garda staff.
As the Deputy will appreciate, Garda numbers nationwide can be affected by a number of factors, including retirements, medical discharges and resignations. The impact of policing measures and other steps to support the public health restrictions has also, exceptionally, had an impact across the country over the past year. As such, there has been a decrease in the number of Gardaí assigned to Macroom district from 77 Gardaí in April 2020 to 74 in April 2021.
However, recruitment which had to be paused due to the pandemic has recently recommenced with 150 Garda trainees entering the Garda College on 24 May, the first of four intakes and a planned total of 450 for the year. This continuing recruitment forms an important component in the unprecedented and sustained level of investment being made in Garda resources in recent years, and is equipping the organisation to meet community needs throughout the country.
129. Deputy Brendan Griffin asked the Minister for Justice the status of her plans to reduce the overall cost of access to justice; and if she will make a statement on the matter. [29394/21]
View answerFacilitating greater access to justice is one of the key objectives of my Department’s Strategy Statement and the Justice Plan 2021.
To achieve this, we must streamline both the civil and family justice system; ensure that cases can be managed to give the parties more certainty about the progress and likely costs of their cases; ensure that more disputes are resolved earlier without resorting to court-based litigation; that legal costs to take actions are reduced; and we must ensure that people of modest means can access civil legal aid when needed.
As the Deputy will appreciate, this will involve a range of measures and initiatives to improve how our courts, and the sector that supports it, operate.
Minister McEntee last year published the Report of the Review Group set up to review and make recommendations to reform the administration of civil justice. My Department is in the final stages of developing an implementation plan which will set out changes to be made in all areas of civil justice, including litigation costs, case delays, and access to services and legal aid. Once completed, the implementation plan will be brought to Government and published. The extensive reforms proposed by former President Kelly will transform the experience of those seeking to access civil justice in Ireland.
The Deputy will be aware that the Legal Services Regulation Act 2015 has already brought greater transparency to how legal costs are charged. It obliges legal practitioners to provide more detailed information about legal costs to their clients. It has introduced statutory rules and limitations when advertising legal services, and enables legal services users to apply to the Office of the Legal Costs Adjudicator to have disputed legal costs adjudicated. Under the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2021, which was approved by Cabinet this week, we are also facilitating the introduction of new legal partnerships, which will enable barristers and solicitors to jointly provide legal services for the first time, thereby offering a greater range of services and legal expertise to their clients.
Building on that work, and the recommendations of the Kelly Review, the Justice Plan 2021 commits to commencing work to introduce new scales of legal costs which would be independently drawn up, in order to reduce legal costs and to provide greater certainty to the users of legal services in relation to cost. My Department has tendered for research bids to undertake an economic analysis of appropriate models and approaches.
A General Scheme of a Bill to create a specialist family court system, which is designed to help people get a quicker resolution of those most sensitive of family disputes, was published last year. A public consultation has commenced on the first Family Justice Strategy.
For those who require direct State support to engage in litigation, especially family matters, my officials are currently working on the scope and nature of a review of the civil legal aid scheme. I intend to commence this review later in the year with a view to bringing forward proposals for reform. Last Friday, I announced that the Legal Aid Board will no longer include the Housing Assistance Payment in their calculation of entitlement to civil legal aid. This will have a positive impact for those who are of modest means and are in receipt of HAP or any other housing support measure provided by a Government Department or any other public body.
My Department's Justice Plan 2021 also provides that a Mediation Council will be established and I expect this reform will support the ongoing development of the mediation profession as an accessible alternative to more costly and time-consuming legal proceedings.
Finally, regulations for the use of Pre-Action Protocols in medical negligence cases are being finalised by Government – these reduce the costs of litigation by enabling parties to agree to how they will conduct their case between them.
The range of actions I have outlined to the Deputy today have all been developed with the aim of reducing legal costs and enhancing citizen’s experiences of accessing justice to resolve particular matters.
130. Deputy Alan Dillon asked the Minister for Justice the status of the An Garda Síochána strategy statement 2022-2024; and if she will make a statement on the matter. [27835/21]
View answerThe Garda Strategy Statement 2022- 2024 will set out An Garda Síochána’s long-term operational priorities, as well as the key focus areas within the organisation, framed by the actions contained in A Policing Service for our Future, the Government's implementation plan for the recommendations of the Commission on the Future of Policing in Ireland.
I am informed that An Garda Síochána will take account of a broad spectrum of views in the formulation of the Strategy Statement. Focus groups will be held with ethnic and culturally diverse groups from within our communities, while formal correspondence will seek the views and input from Government Departments, local authorities, non-governmental agencies and community representatives, as well as individual members of the public.
An Garda Síochána recently sought input from the public in assisting them in developing the Strategy Statement. The closing date for receipt of submissions to the online survey was 7 May 2021.
These submissions will now be considered by An Garda Síochána ahead of the finalisation of the Strategy Statement.
131. Deputy Peadar Tóibín asked the Minister for Justice the efforts being made in relation to strengthening the security of data within her Department. [29395/21]
View answerMy Department takes the issues of cyber security very seriously and implements a security-by-design and defence-in-depth approach. The Information Management and Technology (IM&T) unit operates and monitors all relevant systems to the highest levels, and is closely engaged with colleagues in the Office of the Government Chief Information Officer (OGCIO) and the National Cyber Security Centre (NCSC) to ensure that we follow best practice as it relates to all aspects of cyber security.
The Deputy will appreciate that, for operational and security reasons, it is not the practice to disclose details of systems and processes as this could compromise those efforts. In particular, it is not considered appropriate to disclose information which might assist criminals to identify potential vulnerabilities in security arrangements.
I can say that, over the last 7 years, my Department has made considerable enhancements to its ICT systems and services. This includes migrating our technology infrastructure and completing a refresh of the major server and telecommunications components of the IT landscape. We also transitioned to a new managed service provider and since doing so have consistently delivered in excess of 99.5% system availability. We have significantly expanded our use of OGCIO's 'build-to-share' applications to include eSubmissions, eFOI, ePQs, eCorrespondence and eDocs.
Dramatically increasing digital services through the justice sector to support our modernisation and reform agenda is a core priority of Justice Plan 2021.
Earlier his year my Department recruited a specialist Chief Information Officer (CIO) at Assistant Secretary level to lead our team in the implementation of its IMT strategy which will see further enhancement of systems and increased digital transformation across our public facing services. This will include moving from our legacy case-management systems to more modern flexible platforms.
I should add that since the introduction of GDPR and the Data Protection Act in 2018 which affords considerable protections to personal data, my Department has devoted significant resources to ensuring compliance with the requirements of that legislation. A dedicated team, led by the Data Protection Officer, oversees all aspects of data protection on an ongoing basis and policies and procedures in relation to all aspects of data security are in place.
134. Deputy Fergus O'Dowd asked the Minister for Justice if a full report will be provided in respect of the recently published report (details supplied) on Drogheda; the discussions that have taken place with other Departments in order to progress the key recommendation findings; and if she will make a statement on the matter. [27834/21]
View answerAs the Deputy will be aware, the Scoping Report into Community Safety and Wellbeing in Drogheda was commissioned last year by Minister Helen McEntee following a number of violent incidents in Drogheda. The purpose of the Scoping Report was to gather and assess information relating to ongoing challenges and community needs in Drogheda, and to identify actions to support communities and connect relevant services.
The publication of the Scoping Report and the development of an implementation plan are key actions in Justice Plan 2021. A distinguished former Director of the Probation Service, Vivian Geiran, was engaged to prepare the report, which makes over 70 recommendations on short and long term responses to challenges the community faces. This includes measures around crime prevention, youth services, drug addiction, education, infrastructure and community development. The recommendations highlight the need for improved interagency cooperation in the administration and delivery of State services in Drogheda, as well as the need to resource public services or provide additional services in certain areas in particular.
The Scoping Report was published on 26 March last. Briefings were organised by Minister McEntee the following week for community groups and services that had met with Vivian Geiran, as well as for public representatives for Louth.
The implementation plan for the key recommendations arising from the report is currently being developed and will identify the relevant stakeholders for each recommendation and outline next steps for engagement. I hope to bring the Implementation Plan to Government in the near future, and I look forward to continuing engagement with all relevant Departments, agencies and the Louth local authority to ensure a comprehensive and practical approach to implementation.
As an example of this cooperation, early discussions have taken place with the Department of Education on the provision of additional supports to the schools identified in the report. Engagement has taken place at official level and I understand the Department of Education is positively disposed to providing additional supports to schools in the area, including those identified in the report.
The Deputy will also be pleased to learn that discussions have also taken place with the Department of Housing, Local Government and Heritage regarding the impact on Drogheda of the intersection of the county boundaries of Louth and Meath.
135. Deputy Marc Ó Cathasaigh asked the Minister for Justice if progress has been made to reduce the length of time for processing applications for persons who have been in direct provision for over two years; and if she will make a statement on the matter. [28454/21]
View answerMy Department is committed to implementing the key recommendations in the Advisory Group Report and the White Paper to reduce international protection processing times of both first instance decisions and appeals to 6 months respectively.
This commitment applies to everyone in the international protection process, whether they are residing in Direct Provision accommodation or living independently in the community.
A Programme Board has been established in my Department to oversee the implementation of the relevant recommendations and is supported by an Implementation Working Group. My Department will also be represented on a Programme Board to be established and chaired by my colleague, Minister O'Gorman, which will set performance indicators for the new model and monitor progress against those indicators.
The White Paper proposes that the new system should be phased in and operational by 2023 and that the intervening period should provide an opportunity to progress improvements in the overall processing times for international protection.
Work is under way in my Department towards identifying mechanisms which will assist with this. For example, additional ICT resources have been secured for this year, and detailed work including an end-to-end review of processes to guide enhanced processing times is under way. When this first phase of work has been carried out it will enable a more detailed set of milestones to be put in place.
My Department is also committed to ensuring that additional resources designated for the International Protection Office are deployed in the most efficient and effective way possible to increase the output of quality decisions and to the introduction, where appropriate, of new initiatives to further enhance processing times.
A number of initiatives have already been introduced, including the relocation of the Ministerial Decisions Unit to the IPO premises to improve work processes; the designation of the International Protection Appeals Tribunal as a body authorised to hold remote hearings; and the holding of virtual interviews with some applicants living outside of Dublin by the IPO, which I am glad to say resumed on 10 May.
The Advisory Group's recommendation in relation to applicants who will have been two years or more in the system being granted leave to remain, will be considered in the context of the ongoing analysis of progress towards achieving the objectives outlined in the White Paper.
In relation to the current backlog of international protection cases, my Department intends, in the first instance, to prioritise processing of all cases using improved processes and the planned ICT investment in the system.
My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times and based on the outcome of that review, decide by the end of 2022, whether additional measures are required in order to ensure that the new system can come into operation without the overhang of any significant number of legacy cases.
136. Deputy Mark Ward asked the Minister for Justice her plans to invest the profits on crime seized by the Criminal Assets Bureau back into the communities most affected by crime. [29839/21]
View answerAs the Deputy will be aware, responsibility for the identification, tracing, freezing, and ultimate confiscation of criminal assets rests with a number of different agencies and statutory bodies. These include An Garda Síochána, the Criminal Assets Bureau, as well as Revenue, the Chief State Solicitor's Office, the Director of Public Prosecutions and the Courts.
In accordance with the law, all confiscations from the proceeds of crime are transferred to the Minister for Public Expenditure and Reform to be paid into the Exchequer. As the Deputy will be aware, Government draws from this Central Fund for expenditure on all necessary public services and investment, including for communities affected by crime.
I am pleased that Minister McGrath and Minister McEntee announced in April agreement in principle to establish a new Community Safety Innovation Fund. They committed that this Fund will reflect the significant successes of An Garda Síochána and the Criminal Assets Bureau in disrupting criminal activity and seizing proceeds of crime by providing additional funding for investment in community safety projects.
The scheme, when established, will consider applications to allocate funds to community safety projects and other policy initiatives in the area, including the work of the new Local Community Safety Partnerships.
The intention is that the Community Safety Innovation Fund would:
Ensure that the best proposals to improve community safety will get the funding they need;
Encourage the development of innovative ways in which to improve community safety from those people who understand community safety needs; and
Allow best practice on community safety to be shared as new proposals get developed.
The details of how the fund will be allocated will be finalised as part of the forthcoming budgetary process.
138. Deputy Brendan Smith asked the Minister for Justice the up to date position in relation to the need for a comprehensive investigation into the bombing in Belturbet, County Cavan in December 1972 and the need for full co-operation by the authorities in Northern Ireland in relation to this atrocity; and if she will make a statement on the matter. [30243/21]
View answerI thank the Deputy for raising this matter and I know that he has campaigned over many years on behalf of the families of the victims of the Belturbet bombing. Like him and many others, I would also hold the view that the perpetrators of this appalling atrocity should be brought to justice.
Nearly 50 years ago, on 28 December 1972, bombs exploded in three border towns, Clones, Co. Monaghan, Belturbet, Co. Cavan and Pettigo, Co. Donegal. The perpetrators of these bombings demonstrated a callous disregard for human life with many injured and the lives of two innocent young people taken in the Belturbet bombing.
I am assured that these bombings were comprehensively investigated at the time by An Garda Síochána. The investigation pursued various lines of inquiry; however it was not possible to acquire sufficient evidence to sustain a prosecution.
An Garda Síochána has confirmed to me that the investigation remains open and their work has continued in the intervening period. The Gardaí also liaise with the families in relation to any developments. Very regrettably, we have yet to see the perpetrators brought to justice.
I would emphasise however that any new information will be assessed by the Garda authorities. In this regard, the content of the new material from recent academic and media sources has been brought to the attention of the Garda Commissioner for consideration and any appropriate action.
An Garda Síochána remain committed to working closely with the PSNI as necessary, where that could advance the investigation. I can also tell the Deputy that last month I took the opportunity to raise this bombing with the Secretary of State for Northern Ireland during my first week as Minister for Justice.
I would ask that anyone with information in relation to these appalling acts to please contact An Garda Síochána. It is never too late to do the right thing by these families who have suffered so much.
139. Deputy Bríd Smith asked the Minister for Justice the progress made to date in relation to the scoping inquiry into the killing of a person (details supplied); and if she will make a statement on the matter. [30216/21]
View answerI would like to start by offering my own deepest sympathies to the parents and family of the late Shane O'Farrell. Shane's death was a dreadful tragedy and a huge loss for his family and for his community.
As the Deputy will be aware, a highly respected retired Judge, Gerard Haughton, has been conducting a scoping exercise into the tragic circumstances surrounding Shane O'Farrell's death.
The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and if so to advise on the form of such investigation or inquiry and its terms of reference.
Judge Haughton furnished an interim report to the then Minister for Justice in November 2019. In his interim report, the Judge stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise.
I am awaiting the final report and I expect to receive this from the Judge shortly.
The Judge is naturally completely independent in his work, and I can neither intervene in nor seek to influence the outcome of the scoping exercise. My Department continues to provide all necessary assistance to the Judge to enable him to complete his work. The previous extensions to the timescale requested by the Judge have, as he has stated to the family, been necessitated by the COVID-19 pandemic and the Judge's desire to be as comprehensive as possible in conducting the scoping exercise.
While I genuinely regret that this process has taken significantly longer than any of us would like, I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible. I understand that Judge Haughton has been in contact with the O’Farrell family throughout his scoping exercise.
140. Deputy Michael Moynihan asked the Minister for Justice the number of gardaí in the Mallow district at the end of April 2021; the way this compares to the end of April 2020; and if she will make a statement on the matter. [29970/21]
View answerThe resources provided by government to An Garda Síochána have reached unprecedented levels, with an allocation of €1.88 billion in 2020 and of €1.952 billion in 2021. This has enabled sustained, ongoing recruitment.
As the Deputy will appreciate, the Garda Commissioner is responsible for the general management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes the deployment of members of An Garda Síochána throughout the State. As Minister, I have no role in these independent functions.
I am informed that, as at 30 April 2021, there were 117 Gardaí assigned to the Mallow District, which represents an increase of 18.2% since 2015. These Garda members are supported by 7 Garda staff.
As the Deputy will appreciate, Garda numbers nationwide can be affected by a number of factors, including retirements, medical discharges and resignations. The impact of policing measures and other steps to support the public health restrictions has also, exceptionally, had an impact across the country over the past year. As such, there has been a decrease in the number of Gardaí assigned to Mallow District from 125 Gardaí in April 2020 to 117 in April 2021.
The Deputy may wish to note, however, that recruitment, which had been paused, has now recommenced in 2021 with 150 Garda trainees entering the Garda College on 24 May, the first of four intakes and a revised planned total of 450 for the year. This forms an important component in the unprecedented and sustained level of investment being made in Garda resources in recent years, and is equipping the organisation to meet community needs throughout the country.
