Written Answers Nos. 212-231
212. Deputy Catherine Murphy asked the Minister for Justice if she will publish and or provide details of, or copies of all emails and hard correspondence received from an association (details supplied) seeking a statutory instrument to enable its annual conference to proceed; and if she was acting Minister or the Minister who discussed this SI with the Garda Commissioner in advance or post sign off on it. [32173/21]
View answer222. Deputy Catherine Murphy asked the Minister for Justice if she will provide all documents relating to lobbying or contact with her Department and An Garda Síochána in respect of a conference by an association (details supplied) including hard copies and text and or messages via an application. [32254/21]
View answerI propose to take Questions Nos. 212 and 222 together.
As the Deputy will be aware from my response to question 667 of 18 May, the Statutory Regulations that govern the operation of the Garda Representative Association (GRA) provide that the Annual Delegate Conference (ADC) must take place not later than May in any year.
The ADC of the GRA could not be held in the usual in-person format before the end of May 2020 due to the public health guidelines which were introduced in response to the COVID-19 pandemic. The GRA communicated with my Department during the course of 2020 in relation to the possibility of holding an ADC during the year, and the requirement for supporting Regulatory changes.
On foot of this, and in accordance with section 122 of the Garda Síochána Act 2005, the Garda Síochána (Associations) (Amendment) Regulations 2020 (S.I. 605/2020) were made by Minister McEntee on 8 December 2020 in light of appropriate consultation between the Department of Justice and the Garda authorities.
As I informed the Deputy in my response to question 502 of 25 May, the correspondence between the GRA and my Department in this matter has been made available to the Deputy on 21 May. The specific form of messages the Deputy refers to were also included in these documents.
213. Deputy Róisín Shortall asked the Minister for Justice the basis for the 35 years' upper age limit for recruitment of new Garda members; if consideration will be given to the fact that this is out of line with recruitment rules that apply in other countries, for example, the UK; when the review on this matter will be published; and if she will make a statement on the matter. [32182/21]
View answerAs the Deputy will be aware, recruitment to An Garda Síochána is governed by legislation, particularly the Garda Síochána (Admissions and Appointments) Regulations 2013. These Regulations provide that the maximum age at which a person may apply to join An Garda Síochána as a full time member is not more than 35 years.
I can inform the Deputy that an Expert Review Group has been established by the Garda Commissioner to examine the issue of Garda Recruitment, Entry Pathways and Recruit Education. This review is a commitment under A Policing Service for our Future, the Government’s implementation plan for the recommendations of the report of the Commission on the Future of Policing in Ireland. The Group will examine a variety of matters including the age of recruitment to An Garda Síochána. The Group, which operates in an advisory capacity, commenced work in late 2020 with a view to submitting a report to the Garda Commissioner within 12 months. I expect that the Commissioner will engage further with the Minister at that point on foot of the Group's advice and analysis.
214. Deputy Aengus Ó Snodaigh asked the Minister for Justice if her attention has been drawn to the open drug dealing and intimidation of parents, pupils and staff at the gates of a school (details supplied); and if she will raise the matter with the Garda authorities and suggest that they dedicate the necessary resources to address the problem. [32192/21]
View answerI have requested a report from the Garda authorities on the issues raised by the Deputy and I will contact him directly once the report is to hand.
215. Deputy Dara Calleary asked the Minister for Justice her views on plans in relation to easements; her further views on the impact on rights of way and other properties of easements; and if she will make a statement on the matter. [32220/21]
View answer225. Deputy Denis Naughten asked the Minister for Justice her plans to amend the Land and Conveyancing Law Reform Act 2009 in view of the difficulties created for home owners, particularly in rural locations, in registering rights of way; her plans to further extend section 38 of the Civil Law (Miscellaneous Provisions) Act 2011; her views on the submission made by the Law Society; and if she will make a statement on the matter. [32381/21]
View answerI propose to take Questions Nos. 215 and 225 together.
The Land and Conveyancing Law Reform Act 2009 provides for fundamental reform and modernisation of land law and conveyancing law and aims to simplify the law and the conveyancing process.
As the Deputy will be aware, this Act contains statutory provisions concerning the registration of easements. Part 8 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission.
The Civil Law (Miscellaneous Provisions) Act 2011 also contains some amendments to this Act in this area. Rights of way can be created either through grant by deed between the owner of the subject land and the owner of the land intended to benefit from the right, or alternatively a right of way can be shown to have been acquired by prescription, which is the acquisition of such rights by the user as of right over a substantial period of time.
My Department has received correspondence on this issue from a number of stakeholders including a detailed submission in regards easements. My officials are currently in the process of evaluating this submission and have also arranged discussions with key stakeholders to discuss the issue.
216. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to regularise status in the case of a person (details supplied); and if she will make a statement on the matter. [32227/21]
View answerBased on the information supplied, it has unfortunately not been possible to locate the application for the person referred to by the Deputy. If more information can be provided, my officials will be happy to re-examine the Deputy's request.
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.
217. Deputy Bernard J. Durkan asked the Minister for Justice the current residency status in the case of a person (details supplied); and if she will make a statement on the matter. [32230/21]
View answerThe person referred to by the Deputy has a current permission to remain in the State, on stamp 4 conditions, up to 20 September 2021. Their permission was extended from its original expiry date of 8 July 2021, by the most recent temporary extension of immigration and international protection permissions announced on 26 March last. It will be open to the person concerned to apply for a further extension of the permission granted at her local immigration office.
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.
218. Deputy Mary Lou McDonald asked the Minister for Justice when she will publish the finalised audit report of the existing structures into the segmentation of domestic sexual and gender-based violence across different Government agencies; and if the final audit report and recommendations have been made available to the relevant stakeholders. [32237/21]
View answerThe Programme for Government commits to conducting an audit of how responsibility for Domestic, Sexual and Gender Based Violence (DSGBV) is segmented across different government agencies and this important commitment is reiterated in Justice Plan 2021.
The audit has been undertaken by external consultants Mary Higgins and Ellen O’Malley-Dunlop in consultation with relevant NGOs and service providers, as well as input from Departments and agencies. The consultants were, as part of their work, also required to take account of the views of those working at the frontline.
A draft report has been prepared and was recently submitted to both the Department of Children Equality, Disability, Integration and Youth and to the Department of Justice and it has now been finalised and provided to me this week. I will discuss its recommendations with my colleague, Minister O’Gorman shortly.
The audit outcome, together with the ongoing work of implementing Supporting a Victim's Journey, the current review of accommodation needs undertaken by Tusla, and the development of the next National Strategy on Domestic, Sexual and Gender-based Violence, will provide us with valuable guidance for designing our systems to best meet the needs of victims of DSGBV and improve how we do this in the longer-term.
Tackling domestic abuse and ensuring we have the best possible infrastructure to support victims is a priority for me as Minister and for Government. I am working with my colleagues and with our partners to ensure we have an appropriate collective national response that supports victims and holds perpetrators to account.
219. Deputy Catherine Murphy asked the Minister for Justice her responsibilities and or role in respect of the legal framework of Garda staff associations. [32249/21]
View answerAs the Deputy will be aware, the Garda representative associations have been established to represent members of An Garda Síochána and their interests, for instance with regard to pay, pensions and conditions of employment.
I can inform the Deputy that section 122 of the Garda Síochána Act 2005 provides that the Minister may, after consulting with the Garda Commissioner and with the approval of the Government, make regulations for the management of the Garda Síochána, including regulations relating to the formation of Garda representative associations and matters relating to the role, status and carrying out of business within the Garda Síochána of those associations.
There are four Garda associations, each of which has been set up in accordance with regulations. A number of amendments to each of these regulations have been brought forward over time.
Any changes being made to existing regulations, or new regulations, require consultation with the Policing Authority and the Garda Commissioner and must be brought by the Minister for Justice to cabinet for approval.
220. Deputy Catherine Murphy asked the Minister for Justice the action that has been taken in respect of the letter of 15 December 2020 by the former president of the Garda Representative Association to the Minister for Justice (details supplied); and if she will make a statement on the matter. [32252/21]
View answer221. Deputy Catherine Murphy asked the Minister for Justice the nature of the responses to date received from the Garda Commissioner in respect of the letter of 15 December 2020 by the former president of the Garda Representative Association to the Minister for Justice which he has been examining; and if she will make a statement on the matter. [32253/21]
View answerI propose to take Questions Nos. 220 and 221 together.
The Deputy will be aware from my response to parliamentary question 664 of 18 May that the correspondence of 15 December 2020 referred to by the Deputy was sent to the Garda Commissioner as it concerned matters relating to the internal governance of the association in question. I understand that the Commissioner will be responding to me shortly in this regard.
223. Deputy Paul McAuliffe asked the Minister for Justice if she will consider additional resources to allow an expansion of the Strive programme in Ballymun to allow more offenders to be included; and if she will make a statement on the matter. [32308/21]
View answerAs the Deputy may be aware the Joint Agency Response to Crime (‘JARC’) is an example of a strategic multi-agency initiative involving an intensive, highly collaborative approach to the supervision and rehabilitation of prolific offenders in particular areas of Dublin and beyond.
The three lead agencies (An Garda Síochána, the Irish Prison Service and the Probation Service) with the active support of my Department and in partnership with other State bodies and community-based organisations, work together in a close and highly structured manner to steer these recidivist offenders away from criminality.
The STRIVE project is a specific JARC initiative established in 2015 and targets the 20 most high-risk offenders, who are identified as causing the most harm in the community, using a coordinated approach with local stakeholders.
The Operational team in Strive includes representatives from the Probation Service, An Garda Síochána, the Irish Prison Service and Ballymun Job Centre.
In line with the Programme for Government commitment to extend the pilot schemes of the Joint Agency Response to Crime to more areas to target prolific repeat and vulnerable offenders aged 16 -21, Justice Plan 2021 contains a commitment to identify areas in which to expand the JARC project.
Key steps in this process include the recent establishment of a new oversight and governance structure for multi-agency offender management initiatives including SORAM, JARC, Domestic Violence & Complex High Risk Prisoners and Life Sentence Prisoners.
The Deputy will wish to note that while these new structures bed down, work is also ongoing on a formal independent evaluation of a number of the JARC initiatives.
Any decisions to expand JARC will be made in the context of the outcome of this evaluation process and will form part of the ongoing agenda for the new oversight mechanism.
224. Deputy Violet-Anne Wynne asked the Minister for Justice if she will consider an alternative to the default decision to remove the victim from the home when resolving domestic violence situations; and if she will review the situation to allow for a choice-led model whereby the victim can choose whether to remain in the home and have the perpetrator relocated or be relocated themselves. [32374/21]
View answerAs the Deputy may be aware, the Domestic Violence Act 2018 is the relevant legislation in Ireland, underpinning what the courts consider when deciding on an application for a domestic violence order.
I am not aware that there is any default position set out in the legislation that the victim has to leave the home when resolving domestic violence situations. The following information sets out the legal position in this area.
Section 7 of the Domestic Violence Act 2018 provides for the making of barring orders. The court may make a barring order to direct a respondent to either leave a place or to prevent them from entering a place where the applicant for the order or a dependant resides. Barring orders can remain in place for three years (or for a shorter period if the court so specifies). Before the expiration of that period another barring order can be made for a further period of up to three years.
Section 8 of the Act provides for the making of interim barring orders where there are reasonable grounds to believe that there is an immediate risk of significant harm to the applicant or a dependant, and the making of a protection order would not be sufficient to protect them. An application for an interim barring order is made during the period after an application for a barring order has been made and before the application for the barring order has been determined. The court can make an interim barring order to direct a respondent to either leave a place or to prevent them from entering a place where the applicant or a dependant resides. An interim barring order may be made ex parte, in which case it shall have effect for a period not exceeding eight working days. An interim barring order shall cease to have effect once the application for a barring order has been determined.
Section 9 of the Act provides for the making of emergency barring orders where there are reasonable grounds to believe that there is an immediate risk of significant harm to the applicant or a dependant. A person may apply for an emergency barring order where that person has lived in an intimate and committed relationship with the respondent without being their spouse or civil partner or where that person is the parent of an adult respondent. The applicant may apply for an emergency barring order if they have no legal or beneficial interest in the place or an interest which is less than the legal and beneficial interest of the respondent. The court can make an emergency barring order to direct a respondent to either leave a place or to prevent them from entering a place where the applicant or a dependant resides. An emergency barring order may be made ex parte and shall have effect for a period not exceeding eight working days.
I must emphasise that it is for the court, which is independent in the exercising of its functions, to decide in each case if the barring order should be granted.
I would also like to highlight that our laws in supporting victims of domestic and sexual crimes have been significantly strengthened in recent years, including by the introduction of the Criminal Law (Sexual Offences) Act 2017, the Criminal Justice (Victims of Crime) Act 2017 and the Domestic Violence Act 2018. I can assure the Deputy that my Department is continually examining our laws in this area in the context of their effectiveness and to identify if any changes are required.
226. Deputy Bríd Smith asked the Minister for Justice if she met with representatives of barristers contracted by the State in criminal law cases over the fees paid to their members; if these fees remain the same as were paid in 2002 given that cuts introduced by the State as a result of FEMPI have not been reversed in relation to barristers but have been reversed in relation to fees paid to State solicitors; and if she will make a statement on the matter. [32473/21]
View answerMy Department is responsible for the payment of legal fees to defence counsel under the Criminal Legal Aid Scheme while barristers instructed by the State to prosecute in criminal cases are paid by the Director of Public Prosecutions.
The Deputy will appreciate that the Director of Public Prosecutions is independent in the performance of her functions and does not come within the remit of my Department.
As I outlined in my reply to Question No. 521 of 1 June 2021, responsibility for unwinding professional fee cuts imposed between 2008 and 2011 rests with my colleague, the Minister for Public Expenditure and Reform. However, my Department has engaged with all relevant stakeholders, including the Department of Public Expenditure and Reform, with a view to having this issue resolved as it also impacts on defence counsel. My predecessor Minister Helen McEntee also met with the Bar Council on 23 September 2020.
It is my understanding that the matter is under consideration by the Minister for Public Expenditure and Reform and will be examined further in the context of wider public pay policy and the implications for public expenditure.
227. Deputy Holly Cairns asked the Minister for Justice if she will reverse the new visa requirements on passport holders from a number of countries which came into effect at midnight on 27 January 2021 which were originally introduced to last until 5 March 2021; and if she will make a statement on the matter. [32493/21]
View answerI can confirm that the entry and transit visa restrictions which were brought into effect on 28 January 2021, as a necessary interim measure to reduce the spread of COVID-19 and protect public health have been lifted with effect from today, 16 June 2021.
This move is in line with the Government’s Resilience and Recovery Plan for Living with COVID-19 and will be welcome news for people from South Africa, Brazil and other South American countries who need to travel to Ireland for essential reasons.
The general policy against non-essential travel and all travellers arriving into Ireland continues and travellers must comply fully with the public health measures required by law. These include completing a COVID-19 Passenger Locator Form, pre-arrival PCR test and quarantine in a designated facility or at home.
The lifting of the visa restrictions follows the resumption of the processing of all long-stay visa applications.
228. Deputy Holly Cairns asked the Minister for Justice if she will conduct a consultation involving bereaved families, advocacy groups and campaign organisations with the intention of establishing a charter for the bereaved which will provide a clear overview of the statutory role and obligations of An Garda Síochána and other State agencies in servicing inquests, distinguishing between lawful obligations and discretionary practices and commit Government and its agencies to a statement of rights of the bereaved regarding information, viewing the body, identification, post-mortems, return of the body, return of personal effects, access to the location of death, crisis support; and if she will make a statement on the matter. [32496/21]
View answer229. Deputy Holly Cairns asked the Minister for Justice her views on rationalising the 39 coroner districts to create a region-based, distinct agency reflecting population distribution, demography and case numbers; and if she will make a statement on the matter. [32497/21]
View answer230. Deputy Holly Cairns asked the Minister for Justice if she will increase significantly the funding necessary to meet the requirements of an independent, professional Coroner Service in its routine work and in conducting thorough investigations into deaths in contested circumstances; and if she will make a statement on the matter. [32498/21]
View answer231. Deputy Holly Cairns asked the Minister for Justice the progress made to meet the recommendations of the review of the Coroner Service: Report of the Working Group relating to 3.4.1 organisation and 3.4.6 a new coroner agency; and if she will make a statement on the matter. [32499/21]
View answerI propose to take Questions Nos. 228, 229, 230 and 231 together.
The obligations on a coroner in their investigation into a reportable death are set down in the Coroners Act 1962, as subsequently amended. The coroner is an independent quasi-judicial office holder whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued. This is an important public service to the living and in particular to the next-of-kin and friends of the deceased. Coroners not only provide closure for those bereaved, but also perform a wider public service by identifying matters of public health and safety concerns.
The role of An Garda Síochána in assisting the coroner and in the carrying out of certain functions is set down in the coroner legislation. However, their obligations to investigate serious crimes, including where a death has occurred, is set down in the criminal law and is not a matter for the coroner. Access to an active crime scene must be strictly controlled where necessary for the investigation of the crime, as must access to any personal items or other materials that are relevant to the investigation. The conduct of any investigation is an operational matter for the Garda Commissioner, and as Minister I have no direct role in such matters.
A Code of Practice for Families at Inquest as provided for under section 31 of the Irish Human Rights and Equality Commission Act 2014 is in final preparation. The Code has been agreed between IHREC, the Coroners Society of Ireland and my Department and will provide an extensive information resource and guidance for families. The Code will be put on a statutory basis by an Order to be made by the Minister for Children, Equality, Disability, Integration and Youth.
The Deputy refers to the Review of the Coroner Service published in December 2000, which was a significant milestone in the process of modernising our death investigation service, strengthening coroners’ powers and to provide for a major administrative restructuring of the coroner system.
There are currently 39 Coronial Districts in Ireland, 38 of which are funded by the relevant local authority. My Department has taken on full responsibility for the Dublin Coroner Office from the Dublin local authorities since 1 January 2018. We have greatly increased the resources available to that Office, which is the busiest in the State and operates on a full time basis. The related Dublin District mortuary and post-mortem examination facilities for the Dublin Coroner, which are also available to the Office of State Pathologist have also been modernised and extra resources provided.
The majority of the recommendations of the 2000 Review related to the strengthening of the legal provisions relating to the work of the coroner and have been implemented, including through amendments to Coroners Act 1962 in 2005, 2011, 2013, 2019 and 2020 as follows:
- The Coroners (Amendment) Act 2005 ended the restriction on the number of medical witnesses allowed at inquest.
- The Civil Law (Miscellaneous Provisions) Act 2011 provided for the restructuring and amalgamation of coronial districts. Coroner districts within counties have been amalgamated as the opportunities have arisen. There were 48 districts in 2000, there are 39 now and will reduce to 38 within 2021.
- The Courts and Civil Law (Miscellaneous Provisions) Act 2013 provided for Legal Aid and Legal Advice by certification by the coroner to the Legal Aid Board in relation to inquests.
- The Coroners (Amendment) Act 2019 clarified, strengthened and modernised coroner’s powers in the reporting, investigation and inquest of deaths. The scope of enquiries at inquest was expanded beyond being limited to establishing the medical cause of death, to seeking to establish, to the extent the coroner considers necessary, the circumstances in which the death occurred. The Act also broadened the coroner’s powers relating to mandatory reporting and inquest into maternal deaths, deaths in custody or childcare situations and significant new powers to compel witnesses and evidence at inquest.
- The Coroners (Amendment) Act 2021 made provision for the temporary additional coronial resources to coroners in districts significantly impacted by the Covid-19 pandemic.
The structure and resourcing of the Coronial Service will continue to be reviewed and revised as appropriate in the context of the learning from the pandemic.
