Written Answers Nos. 412-431
412. Deputy Eoin Ó Broin asked the Minister for Justice her plans to use the powers under section 19(9) of the Multi-Unit Developments Act 2011 to issue a statutory instrument providing greater clarity and guidance to directors of owners' management companies. [34277/21]
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). OMCs 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.
The Programme for Government commits the Government to conduct a review of the existing management company legislation. My Department will engage with other relevant Departments in relation to taking the appropriate steps to advance this matter.
413. Deputy Sean Sherlock asked the Minister for Justice the status of an atypical work permit for a person (details supplied). [34279/21]
View answerAn application for the person concerned was resubmitted on 21 June 2021 and was approved the following day upon review by the Atypical Working Scheme Unit of the Immigration Services of my Department.
A previous application was refused on the basis of non-compliance with certain requirements of the application process and therefore a new application and payment of a new fee were required. The applicant was not required to pay the application fee twice as a result of issues with the online application system.
On 16 June 2021, the temporary entry and transit visa restrictions that came into effect on 28 January 2021, were lifted. As a result of this, South African nationals are no longer visa required and it is expected that this will reduce the time that applicants from that country are required to allow when seeking permission to enter the State.
414. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency in the case of a person (details supplied); and if she will make a statement on the matter. [34323/21]
View answerThe person referred to by the Deputy was issued a letter refusing them permission to remain in the State on 23 October 2019. In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
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.
415. Deputy Cormac Devlin asked the Minister for Justice the history and activity of the trial programme Protecting Young People from the Influence of Adult Crime Networks in Ireland; the contact details for the section dealing with same within her Department; and if she will make a statement on the matter. [34436/21]
View answerAs the Deputy may be aware, I recently published the new Youth Justice Strategy 2021-2027. This strategy includes a commitment to develop the work of the Garda Youth Diversion Projects (GYDPs) to include targeted work with 'harder-to-reach' young people. This includes young people heavily involved in crime and anti-social behaviour, for whom there are little supports and interventions available in practice, unless they are before the courts, in which case they may be under the supervision of the Probation Service. The strategy also prioritises early intervention work, including with younger children who are assessed as being at serious risk. Both of these cohorts may include children at risk of recruitment by crime gangs.
The development of this work within the GYDP network will be supported by the Research Evidence into Policy, Programmes and Practice (REPPP) project at the School of Law in the University of Limerick (UL). The REPPP project has led on the production of the “Greentown Report”, which studied the influence of criminal networks on children in Ireland, and was published in December 2016. The REPPP project is a strategic research partnership between UL and the Department of Justice.
The Greentown Report identifies crime networks as a separate and plausible risk factor underlying criminal offending by certain children. It outlines how the influence of criminal networks increases the level of offending by a small number of children and entraps them in offending situations.
The Greentown Report recommended the design of a programme to include interventions with children and their families to help them withstand the influence of criminal networks. The REPPP project team implemented a bespoke process to produce a model for an Irish evidence-informed intervention programme. This new “Greentown Programme” has been designed with the input of leading international expertise on crime and criminal networks, together with Irish scientific, policy and practice expertise in child protection and welfare, drugs and community development. The programme is managed jointly between my Department, An Garda Síochána and the University of Limerick.
Pilot applications of the Greentown programme, developed by the REPPP project, commenced in two locations in 2020 and will run for three years. The learning from these pilots will then be incorporated into mainstream GYDP practice. This specially designed intervention programme was developed with international expert advice, to tackle coercive control of children by criminal groups which entraps them in offending situations. Funds are already available for the initial pilots from the Dormant Accounts Funds, with a total of €4.2m allocated over three years.
The implementation of the Greentown pilot programme is part of the strategic objectives of the Youth Justice Strategy 2021-2027. This implementation process began with the establishment of the Governance and Strategy Group, and the Youth Justice Oversight Group. Both groups are chaired by the Department of Justice, which will provide oversight arrangements for youth justice Initiatives, including the Greentown pilots, to ensure that there is a cohesive response in practice to the needs of particular cohorts of children and particular communities.
With regard to the contact details requested by the Deputy, I will write to him separately with these, and I will be happy to arrange a discussion with my officials for the Deputy if he wishes.
416. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [34448/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 26 March 2021.
This application for naturalisation continues to be 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 in due course.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. 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.
417. Deputy John Brady asked the Minister for Justice if she or her officials can facilitate a face-to-face meeting with a person to discuss a visa application and to outline the procedure; and if she will make a statement on the matter. [34449/21]
View answerIt is not the usual practice for Visa Office staff to meet directly with applicants. Currently, due to COVID-19 restrictions it would not be possible to facilitate a meeting in any event. However, our website (http://www.inis.gov.ie) provides very detailed information on the various visa types and the application process. If any questions cannot be answered by the material on my Department's website, applicants can contact the staff of the Visa Division directly at visamail@justice.ie.
More generally, the Government advice is that everyone, regardless of their nationality or visa/preclearance status, or where they started from, who cannot provide proof of an essential purpose to travel to, should not travel to Ireland at this time. To support that position, my Department is not currently accepting any short stay visa applications, except for cases that fall under the Emergency/Priority criteria set out below. The suspension of short stay applications will continue to be reviewed in consultation with the relevant authorities in the coming weeks. My Department intends to resume accepting applications as soon as safety concerns abate.
The Priority/Emergency cases that continue to be accepted and processed at this time include the following:
- All long stay employment applications, supported by an employment permit or Atypical permission;
- Patients travelling for imperative medical reasons;
- Transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting;
- Pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study;
- Join Family applications;
- Preclearance applications from De Facto Partner of an Irish National, De Facto Partner of a Critical Skills Employment Permit Holder, or of a non EEA Researcher on a Hosting Agreement and Family members looking to join a UK National in Ireland;
- Persons travelling for imperative family or business reasons;
- Persons entitled to avail of the provision of the EU Free Movement Directive;
- Diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and police officers, and humanitarian aid workers and civil protection personnel in the exercise of their functions;
- Passengers in transit;
- Seafarers;
- Journalists, when performing their duties.
All travellers arriving into Ireland must continue to 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, as required.
418. Deputy John Lahart asked the Minister for Justice the steps being taken to address the escalating violence, including stabbings and antisocial behaviour, in Dublin city centre; and if she will make a statement on the matter. [34543/21]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 (as amended) for the management and administration of Garda business, including all operational policing matters. As Minister, I play no role in these independent functions.
The Commissioner is also responsible for the distribution and stationing of the Garda Síochána throughout the State. I am advised, however, that Garda management keeps the distribution of resources under continual review in light of identified operational needs.
I am advised that Dublin city centre is composed of two Garda Divisions, the Dublin Metropolitan Region (DMR) North Central (NC) and DMR South Central (SC). As of the end of May 2021, the latest date for when figures are available, DMR NC has 662 members of all ranks assigned, whilst DMR SC has a strength of 715 members of all ranks. These are increases of 12% and 14% respectively since the end of 2015.
For the Deputy's information, the Garda Commissioner established Operation Soteria to ensure a reduction of assaults in public, reduce fear of assault within communities, prioritise assault investigations, and focus on problem areas and assault hotspots. The Operation includes targeting knife crimes in areas where it is shown to be relevant and necessary.
The operation is based upon five principles for implementation: commitment to protecting people and communities; awareness and education as a crime prevention technique; policing operational efficiency; location management by working in partnership; and offender management.
The Deputy will be also be aware that my Department has published the general scheme of the Policing, Security and Community Safety Bill. The Bill will provide for a key principle from the report of the Commission on the Future of Policing in Ireland that preventing crime and harm and making our communities safer does not rest with An Garda Síochána and my Department alone.
It will be best achieved as a 'whole of government' responsibility, with Departments and agencies responsible for health and social services, education authorities and local authorities, the Gardaí and the wider community working together.
The new Bill will achieve this by establishing innovative Local Community Safety Partnerships to develop local safety plans tailored to the priorities and needs identified by communities themselves. The Local Community Safety Partnerships will replace and build upon the existing joint policing committees and will provide a forum for State agencies and local community representatives to work together to act on community concerns.
Each Partnership will devise and oversee a Local Community Safety Plan, which will be informed by the community itself. Membership of the Partnerships will include, but not be limited to: residents; community representatives (including youth, new communities and voluntary sector); business and education representatives; relevant public services including the HSE, Tusla, Gardaí and the local authority; and local councillors. Each Partnership will have an independent chair.
The new Local Community Safety Partnerships will run initially on a pilot basis in the Dublin North Inner City, Waterford and Longford for a period of two years, after which they will inform a nationwide rollout of the model to every local authority area.
The new Youth Justice Strategy 2021 – 2027 was also published on 15 April last. The Strategy includes the full range of issues connected to children and young people at risk of coming into contact with the criminal justice system, including early intervention and preventative work, family support and diversion from crime, through to court process and facilities, supervision of offenders, detention and reintegration, and support post release.
The Strategy strengthens and expands the role of the Garda Youth Diversion Projects (GYDPs) and promotes appropriate linkages and alignment with other community-based initiatives, including those supported by the Probation Service. Bringing the full range of relevant interventions together in a coherent and holistic response to youth crime will support the objective of diverting young people from crime and anti-social behaviour.
There are currently 105 GYDPs nationally and the intention is to further develop this service so that it is available to every child in the State who could benefit from it, through an ongoing expansion of existing services and the foundation of new projects where necessary.
The Strategy also provides that, where necessary, GYDPs can provide a broader range of services, including family support and engagement with children aged 8-12 years, as well as developing enhanced approaches to engaging with harder to reach children and young people who may have more entrenched patterns of offending.
The Youth Justice Strategy provides a framework to:
- prevent offending behaviour occurring;
- divert children and young adults who commit a crime away from further offending and involvement with the criminal justice system; and
- enhance criminal justice processes, detention and post-detention measures, to provide consistent support to encourage desistance from crime and promote positive personal development for young offenders.
419. Deputy Richard Boyd Barrett asked the Minister for Justice further to Parliamentary Question No. 475 of 5 May 2021, when the information requested will be provided by An Garda Síochána. [34551/21]
View answerI am informed by the Garda authorities that the number of reported incidents, incidents with arrests and incidents with proceedings in respect of breaches of barring, protection and safety orders for 2019 and 2020 is as follows:
Breach of Barring*, Protection or Safety Orders
|
Report Year |
Reported Incidents |
Incidents with Arrests |
Incidents with Proceedings |
|
2019 |
3700 |
2176 |
3245 |
|
2020 |
4328 |
2740 |
3912 |
*Breaches of Barring Orders are a combination of the PULSE incident types; 'Breach of Barring Order', 'Breach of Emergency Barring Order' and 'Breach of Interim Barring Order'.
The Deputy should note that a person may or may not be arrested in relation to a breach of an order. The number of those incidents that have arrests and/or proceedings (charges/summonses) associated to date are also shown.
420. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the steps her Department has in place to ensure the Covid-19 protocols are being adhered to throughout the immigration process in Dublin Airport; and if she will make a statement on the matter. [34605/21]
View answerThe Border Management Unit (BMU) of my Department is responsible for securing Ireland's border at Dublin Airport in accordance with the provisions of the Immigration Acts and Orders as they relate to entry and refusal of entry to the State.
Since the beginning of the pandemic, the BMU have continued to provide a service at Dublin Airport, and officers have attended for duty throughout. The Health and Safety Manager of my Department has undertaken regular inspections of the BMU's facilities, and carried out risk assessments, identifying protective measures to be implemented in order to protect our frontline officers at the airport.
Measures introduced have included provision of additional PPE such as protective masks for all officers; face shields; additional Perspex screening in immigration booths; signage to encourage social distancing; provision of disinfectant hand gel and wipes, etc. Officers have been assigned to work in pods to mitigate the risk of the spread of potential infections.
Since March 2020, the BMU has continually adapted its operations at Dublin Airport to support Government efforts in reducing the risk of importation of the virus to the State. The BMU ensure that all arriving passengers into Ireland:
- Present a Passenger Locator Form e-receipt or paper form;
- Present a negative/not detected Covid-19 PCR test result; and
- If they have been in a designated State in the preceding 14 days are taken to Mandatory Hotel Quarantine.
BMU staff advise arriving passengers of their requirement to isolate on arrival and the public health restrictions pertaining at any given time.
The Dublin Airport Authority (DAA) is responsible for ensuring that public health protocols are followed by passengers at Dublin Airport. DAA Customer Service Staff ensure arriving passengers wear masks and are socially distanced when queuing in the immigration halls.
421. Deputy Gary Gannon asked the Minister for Justice when the Criminal Procedure Act 2021 will be commenced; and if she will make a statement on the matter. [34670/21]
View answerThe Deputy may be aware that the Criminal Procedure Act was signed into law by the President on 24 May 2021.
This legislation is being introduced following recommendations from a number of reports in recent years, including those on reforming how we tackle white collar crime and corruption, and on increasing protections for vulnerable witnesses in sexual offence cases. The reforms introduced in this Act will be of particular benefit to victims in criminal proceedings and include, for the first time, the introduction of preliminary trial hearings in Irish law.
I intend to commence the Act as soon as possible, bearing in mind that the practical arrangements and Rules of Court need to be put in place to allow preliminary trial hearings to take place. Work is already underway in that regard in the Courts Service.
422. Deputy Jackie Cahill asked the Minister for Justice if the leave-to-remain application by a person (details supplied) can be progressed; and if she will make a statement on the matter. [34734/21]
View answerThe person referred to by the Deputy has applied for a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish minor citizen child, and based also on the principles of the Zambrano judgment. The application was received on 28 August 2019.
A request for documentation issued to the applicant on 20 July 2020. The application can only be progressed further once the outstanding documentation has been returned.
In order to progress the application, the Immigration Service of my Department will write to the applicant giving them 10 working days to provide the documents, previously requested. Failure to provide the requested documents may lead to the application being deemed abandoned or withdrawn. It is also open to the applicant to provide any additional information in support of their application including setting out the reasons why they cannot provide the requested documentation.
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.
423. Deputy Pa Daly asked the Minister for Justice her views on a report on the coroner system (details supplied). [34772/21]
View answerAs the Deputy may be aware, the coroners service comprises the network of coroners located in districts throughout the country. 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 report from the Irish Council for Civil Liberties (ICCL) - Death Investigation, Coroners' Inquests and the Rights of the Bereaved - was published on 21 April last. The ICCL noted, on its publication, that it had not consulted with my Department prior to its publication.
On 11 May 2021, senior officials of my Department met with the ICCL and the report's authors who outlined the development of the report and the various issues concerned. My Department will now proceed to examine the report and its recommendations in detail, as indicated to the ICCL.
My Department continues to actively consider the optimum organisation of the coroner service. It has taken responsibility for the Dublin Coroner Office from the local authorities since 1 January 2018. We have greatly increased the resources available to that Office in the intervening period. The related mortuary and post-mortem examination facilities, which are also available to the Office of State Pathologist have also been improved and extra resources provided.
424. Deputy Catherine Murphy asked the Minister for Justice the number of cases as of 23 June 2021 that are active and or open with the Probate Office; and the average time it takes to close a case. [34783/21]
View answer425. Deputy Catherine Murphy asked the Minister for Justice the number of full-time and part-time staff attached to the Probate Office. [34784/21]
View answer431. Deputy Róisín Shortall asked the Minister for Justice the current average and longest waiting time in each probate office for applications by solicitors and personal applicants, respectively; the number of applications on hand in each office; if the e-probate system is fully live in each office; the effect that the e-probate system has had on average waiting times to date; and if she will make a statement on the matter. [34952/21]
View answerI propose to take Questions Nos. 424, 425 and 431 together.
As 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 and the statistics requested by the Deputy in the table.
Average waiting times below are subject to there being no queries raised on the papers submitted.
|
Office |
Average waiting/case closure time for solicitor applicants (weeks) |
Average waiting time for personal applicants (weeks) |
Active/open cases as of 23/6/21 (days) |
Full-time and part-time staff |
|
Cavan |
4 |
4 |
55 |
1 |
|
Cork |
12 |
12 |
406 |
2 |
|
Donegal |
12 |
24 |
18 |
1 |
|
Dublin |
6 |
5 months |
3089 |
21 |
|
Galway |
6 |
12 |
50 |
1.63 |
|
Kerry |
4 |
4 |
173 |
2 part-time |
|
Kilkenny |
4-8 |
4-8 |
117 |
2 |
|
Limerick |
6 |
4 |
150 |
1.6 |
|
Louth |
6 |
8 |
128 |
2 part-time |
|
Mayo |
12 |
24 |
94 |
2 |
|
Sligo |
6 |
28 |
17 |
1 part-time |
|
Tipperary |
4-6 |
3-5 |
130 |
2 |
|
Waterford |
5 |
3 |
45 |
1.3 |
|
Westmeath |
6-8 |
8-10 |
46 |
2 part-time |
|
Wexford |
12 |
12 |
58 |
0.75 |
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.
There have been variations in the level of service that could be provided as a result of Covid-19 restrictions, however I am assured that District Probate Registries continued to work at all times during the pandemic. 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.
Again, 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 while the Courts 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. I can also confirm that the e-probate project remains on the Courts Service's list of modernisation projects. I am advised that the timetable for its implementation has yet to be determined and that it will continue to be considered in the context of other priority projects in the areas of civil, criminal and family law.
426. Deputy Holly Cairns asked the Minister for Justice the way her Department and public bodies and agencies under her remit fulfil their obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014; and if she will make a statement on the matter. [34858/21]
View answerThe public sector duty as set out in Section 42 of the Irish Human Rights and Equality Commission Act 2014 is consistent with the core functions and values of my Department, which seeks to value and promote equality and human rights through its day to day work, whether in delivering key public services, developing policy and legislation in an inclusive human rights compliant manner, or in doing its work in an efficient, fair manner with integrity and respect for human dignity.
The public sector duty is equally relevant to the experience of staff. In line with the Department's values - Open, Collaborative, Professional - it is committed to creating an environment where it promotes positive engagement, critical analysis, open and honest communication, and embracing diverse perspectives while striving to be inclusive in all that it does, with a view to attracting and retaining a more diverse workforce.
As the Deputy may be aware, my Department's recently published Statement of Strategy 2021-2023 includes a statement on how we intend to fulfil our obligations under Section 42 of the IHREC Act 2014. It states that we will:
- Carry out a fresh assessment of the human rights and equality issues relevant to the functions and purpose of the Department and the policies, plans and actions to be taken to address those issues. We will publish this assessment on our website
- Promote and foster our human rights and equality duty as part of the training cycle
- Drive change and continuous improvement in key areas by continuing to implement international human rights norms
- Report on progress in our Annual Report and, where appropriate, require bodies under the aegis of the Department to measure progress in their own annual reports
An Garda Síochána and my Department sponsored Action 16 under Our Public Service (OPS) 2020 – to promote equality, diversity and inclusion in the public service. Key outputs from the work of the Action Team are a vision statement, which the Department and other public service bodies have signed up to, along with a maturity model, designed to assist organisations to reflect and assess on how they are doing across the range of important elements which contribute to supporting equality and diversity.
My Department has piloted the maturity model as a self-assessment tool and the findings are being used to inform the development of its first Equality, Diversity and Inclusion (EDI) strategy, which will be published later this year. The EDI Strategy will be central to my Department's mission of working for a safe, fair, inclusive Ireland and to fulfilling our public sector duty obligations. This work is being progressed by the Department's Equality, Diversity Inclusion and Public Sector Duty Committee.
The draft objectives of this strategy will focus on:
- improving the accessibility and quality of our services
- supporting the development of a skilled and diverse workforce
- building and embedding a workplace culture which facilitates, supports and encourages contributions from all
In accordance with our public sector duty, from 2019 onwards, all governance agreements made by the Department outline the obligation for all public bodies (i.e. the agencies) to include the Public Sector Duty in their strategic planning process and report on a regular basis on their progress. This action is a significant milestone in embedding the public sector duty obligations in the Department's governance framework.
The Department has also included a requirement in all grant agreements that Grantees are obliged to have regard to the need to eliminate discrimination, promote equality and protect the human rights of staff and persons to whom services are provided.
In addition, my Department has identified a number actions in its Justice Plan for 2021 including:
- Lead on implementation of the diversity measures identified under Action 16
- Support and monitoring diversity initiatives as core part of governance of agencies
Progress in relation to these actions will be reported and published at the end of 2021.
427. Deputy Holly Cairns asked the Minister for Justice the way her Department and public bodies and agencies under her remit undertake disability impact assessments; the process by which these assessments are monitored; and if she will make a statement on the matter. [34875/21]
View answerI wish to advise the Deputy that all proposals brought to Government are required to assess and declare that there are no impacts for the following: North/South or East/West relations, jobs, gender equality, poverty proofing, competitiveness and industry costs, rural communities, quality regulation and people with disabilities. Proposals from my Department undergo an assessment of impact on people with disabilities before being brought to Cabinet.
Impact assessment is also a core element of the current system of Regulatory Impact Analysis (RIA), which is a requirement for all Departments submitting policy proposals to Government involving legislative changes. The Regulatory Impact Analysis process specifically requires assessment of the impact on socially excluded or vulnerable groups of people.
As the Deputy is also aware, all public bodies in Ireland have responsibility, under the Public Sector Equality and Human Rights Duty or Public Sector Duty, to promote equality, prevent discrimination and protect the human rights of their employees, customers, service users, and everyone affected by their policies and plans. This is a legal obligation and is contained in Section 42 of the Irish Human Rights and Equality Act 2014.
428. Deputy Patrick Costello asked the Minister for Justice the reason there are two types of stamp 1G visas, both with different entitlements; and if she will rename one of the visas to avoid confusion in this regard. [34908/21]
View answerMy Department administers a wide range of programmes, schemes and permissions to encourage and facilitate legal migration and presence in the State.
A person who is granted a permission to enter the state for a period greater than 90 days is required to register that permission at their local immigration office as provided for by the Immigration Act 2004. Once registration is completed they will be granted a Stamp which will reflect the reason for their stay and the duration applicable.
There are 12 Stamp categories including Stamp 1G. These stamps/permissions provide for short, medium and long-term residence in the State and recognise the permission granted and the conditions attaching to it.
The Stamp 1G is granted to graduates to support their endeavours to find appropriate graduate employment opportunities without the requirement to obtain an employment permit from the Department of Enterprise, Trade and Employment. It is also granted to the spouses of critical skills permit holders and those on a hosting agreement. The conditions attaching will vary for each of the categories to reflect their reason for being in the State and the activities that they can undertake while resident. These will be identified on their Irish Residence Permission (IRP) card.
At all times we endeavour to make our processes as customer friendly as possible. Any suggestions to help us to achieve this, including ideas around the categorisation of Stamp permissions, will be considered in this context.
429. Deputy Catherine Murphy asked the Minister for Justice if the review of the minimum sentencing policy under section 29 of the Judicial Council Act 2019 has commenced; if the public will be consulted as part of this review; and if she will make a statement on the matter. [34927/21]
View answerAs the Deputy may be aware, section 29 of the Judicial Council Act 2019 was commenced on 16 December 2019.
Section 29 provides that a review of enactments which provide for the imposition of minimum sentences for offences will be commenced not later than 2 years after the coming into operation of the section. It is therefore my intention that the review will commence later this year and the question of consultation will be considered at that time.
As the Deputy will also be aware, the Government published, in February, the Criminal Law (Amendment) Bill 2021. This follows a 2019 Supreme Court judgement striking down a section of the Firearms Act 1964 on mandatory minimum sentences for a second or subsequent offences. The Bill, which will repeal all penalties on the statute book involving mandatory minimum sentences for second or subsequent offences, completed Second Stage in the Dáil on 28 April 2021. It is my intention that the Bill will be enacted this year.
430. Deputy Catherine Murphy asked the Minister for Justice the Department from which the Judicial Council is funded; and if she will make a statement on the matter. [34930/21]
View answerThe Judicial Council is currently funded through the Vote of my Department. It was allocated €1.75m in funding this year, an increase of 40% on the 2020 allocation (€1.25m).
The Judicial Council was established pursuant to the Judicial Council Act 2019. Section 6 of the Judicial Council Act 2019, provides that “The Council shall, subject to the provisions of this Act, be independent in the performance of its functions.”
The four main pillars of the Council's remit are to achieve:
- Excellence in the performance of judicial functions;
- High standards of conduct among Judges;
- An independent Judiciary; and
- Public confidence in the judiciary and in the administration of justice.
