Written Answers Nos. 126-146
126. Deputy Éamon Ó Cuív asked the Minister for Justice the number of recommendations made by the interim parole board to the her since 1 February 2021; the number of these decided; the number of cases in which the recommendation of the board was not accepted or was amended, respectively; and if she will make a statement on the matter. [35628/21]
View answerAs the Deputy may be aware, the Parole Board currently reviews the cases of prisoners sentenced to determinate sentences of eight years or more as well as prisoners sentenced to life imprisonment.
In response to Question Number 1149 on 15 June last, I informed the Deputy that 68 recommendations had been received from the Parole Board by the Department from 1st January 2021 to 27th May 2021. All recommendations to this date have been decided upon and the people involved have been informed of the decision.
A further 35 cases were received during the month of June as outlined in the table below.
|
Date |
Number of recommendations received |
|
17 June 2021 |
8 |
|
18 June 2021 |
13 |
|
24 June 2021 |
13 |
|
29 June 2021 |
1 |
These cases are currently being processed.
The Deputy may wish to know that the Interim Parole Board are currently preparing and collating statistics for their Annual Reports for 2020 and 2021. In this regard, I can inform the Deputy of the 68 recommendations that have been decided upon since 1st January 2021 – 27th May 2021 the number of cases in which the recommendation of the Board was not accepted or was amended by the Minister is as follows -
|
Recommendations |
Number |
|
Accepted in full |
44 |
|
Accepted in Part |
21 |
|
Not accepted |
3 |
|
Total |
68 |
In addition, when the Reports have been laid before the Oireachtas and published, I will ask the Board to forward copies to the Deputy for his information.
128. Deputy Bríd Smith asked the Minister for Justice if she will report on progress made by the scoping inquiry into the death of a person (details supplied); and if she will make a statement on the matter. [36699/21]
View answerI recognise the ongoing pain of the O'Farrell family on the tragic loss of their son and deeply sympathise with their loss.
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.
As the Deputy will appreciate, the Judge is completely independent in conducting this scoping exercise. It is not open to me as Minister to comment on any aspect of the Judge's work or the process of compiling the final report. My Department maintains regular contact with the Judge and has assured him that any assistance he requires to complete his final report will be made available.
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.
Judge Haughton has written to my Department this week indicating that there are some minor matters to be addressed in relation to one aspect of the inquiry. Once those matters have been addressed, he intends to seek comments and/or corrections on that aspect of the draft report from interested parties, including the O’Farrell family. Following receipt of responses from these parties, Judge Haughton will be in a position to finalise his report. My Department will continue to provide all necessary assistance to Judge Haughton, and I look forward to receiving his final report in due course and to updating the House in this matter.
129. Deputy Colm Burke asked the Minister for Justice the Irish prisons that are providing a comprehensive hepatitis C and or infectious disease treatment programme within the prison facilities in view of the fact it is reported that up to 13% of the Irish prison population have hepatitis C; and if she will make a statement on the matter. [36679/21]
View answerAs the Deputy will be aware, all prisoners committed to prison are subject to a medical assessment by the Prison Healthcare Team and Hepatitis C screening is offered to all new prisoners as part of this assessment.
Prisoners can also avail of Hepatitis C screening through their local Prison Healthcare Team at any stage of their time in custody.
All prisoners who are actively engaged with addiction services are routinely screened as per the advice of the Addiction Counsellor/Clinical Addiction Team.
If Hepatitis C is detected this allows for the development of an individual healthcare plan for the prisoner while in custody. Medical treatment is provided, if clinically indicated, including treatment for Hepatitis C. At present, this treatment is available to those who are identified as requiring it and is arranged by Prison Healthcare Staff supported by specialist colleagues from the Acute Hospital Sector.
Comprehensive treatment arrangements with the HSE are in place for the majority of closed prisons. The Prison Service is actively engaging with the HSE and developing comprehensive treatment plans for the remaining closed prisons, namely Castlerea, Cork and Limerick by means of a GP led community model of care for the screening and management of Hepatitis C, in line with the National Hepatitis C Strategy.
130. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the plans in place to ensure citizenship cases are processed in a speedy and efficient manner; if extra staff have been allocated to the Burgh Quay office; the plans in place for increased communication with applicants; and if she will make a statement on the matter. [36553/21]
View answerI am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department has continued to accept and process citizenship applications throughout the pandemic and at all levels of public health restrictions. However, processing rates have been negatively impacted by the necessary health and safety related restrictions imposed and it has not been possible to hold in-person citizenship ceremonies since March 2020.
This has further exacerbated significant delays which arose from a High Court case in 2019, which was subsequently successfully appealed to the Court of Appeal. Unfortunately that resulted in the loss of over six months’ processing time, before the appeal resolved the issue.
This accumulated delay in 2019 combined with the impact of the pandemic since March 2020 means that, regrettably, there are just over 24,600 applications currently on hand. These applications are at various stages of processing, ranging from those just received to those where a decision has been made and are "ceremony ready".
On 18 January 2021, my Department opened a temporary system to enable applicants to complete their naturalisation process by signing a statutory declaration of loyalty. Since then, my Department has delivered on its commitment to communicate with 6,500 applicants by the end of June, inviting them to complete the final steps required prior to the granting of a certificate of naturalisation. I am glad to say that almost 3,900 people have received their certificates so far and approximately 900 more have returned their documentation and will be receiving their certificates in the coming weeks.
To further address the volume of applications on hand, additional staff are being assigned to the citizenship team; and a number of digitisation measures have been introduced to increase efficiency in the process. This includes the introduction of eTax clearance and eVetting; rolling out online payments; revising the immigration website to make it more accessible and user friendly for customers; and launching the first chatbot ‘Tara’, which has answered more than 30,000 customer queries since last November.
The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times. Based on this, my objective is to achieve an improved decision making timeframe of 6-9 months for a majority of applications during 2022.
131. Deputy Brendan Griffin asked the Minister for Justice the most up-to-date position in relation to efforts to pardon a person (details supplied) who was wrongly hanged in 1895; if the continuation of the process initiated by the former Minister for Justice in order that they will be pardoned and closure can be given to their relatives will proceed; the timeline regarding the future process; and if she will make a statement on the matter. [36382/21]
View answerAs the Deputy is aware, representatives of the Michael O’Donohoe Memorial Project have gathered a considerable amount of material relating to this case, and I know the Deputy has taken a very close interest in this application.
As the Deputy will also be aware, my Department engaged an expert on nineteenth century trial law in Ireland for their expert opinion on the safety, or otherwise, of the conviction of Mr John Twiss. The report of the expert has now been received by my Department, and includes a detailed consideration of the murder of John Donovan, the trial of John Twiss and its aftermath. It also considers the prevailing standards and procedures in nineteenth century Irish trials.
The report has received detailed consideration by officials and I understand that a submission is being finalised for my consideration. I will endeavour to update the Deputy directly once I have considered the expert report.
133. Deputy Aindrias Moynihan asked the Minister for Justice the next stages for advancing Macroom’s new Garda station; if her Department has engaged with the Department of Public Expenditure and Reform on funding; and if she will make a statement on the matter. [32466/21]
View answerAs the Deputy is aware, the construction of the new Garda station at Macroom is to proceed on the basis of a major Public Private Partnership (PPP) project which also includes the construction of a new Garda Station in Clonmel.
I am advised that planning permission for the new Garda station in Macroom has recently been approved.
An Garda Síochána continues to engage with my Department, the OPW and the National Development Finance Agency (NDFA), which is the procuring authority for PPPs, to progress this project which will include the tender process, contract agreement and construction, with a view to the tender process for this Garda PPP project commencing in 2022.
134. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the strength of An Garda Síochána at present is sufficient to meet the policing requirements in all areas throughout the country both urban and rural; and if she will make a statement on the matter. [36758/21]
View answerAs the Deputy will be aware, 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 assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I further understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.
An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. As a result, Garda numbers are now approximately 14,500 Garda members and over 3,000 Garda staff nationwide.
Taken together, this increase in the number of Garda members and staff is delivering a significant growth in operational policing hours nationwide.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant capital investment is being made in An Garda Síochána, including a total of €46 million for the Garda fleet between 2016 and 2021. This will ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet.
While Budget 2021 provided for the recruitment of up to 620 new Gardaí this year, the Commissioner has indicated that, due to the impact of the COVID-19 pandemic, recruitment is likely to be of the order of 450 trainees spread over four intakes in 2021. However, 2021 intake numbers will be kept under review, in particular having regard to progress against COVID-19 and the vaccination rollout. The first intake (of 150) commenced training in the Garda College on 24 May. The remaining scheduled commencement dates, subject to public health restrictions, are 19 July 2021, 20 September 2021 and 15 November 2021.
136. Deputy James Lawless asked the Minister for Justice if An Garda Síochána is suitably resourced, trained and equipped to implement the Harassment, Harmful Communications and Related Offences Act 2020; if her attention has been drawn to reports that some Garda stations have advised they are not in a position to manage it yet; if a directive can be sent to the force in that regard to ensure the law is available to all who may need to rely on the protections within it; and if she will make a statement on the matter. [36781/21]
View answerAs the Deputy will be aware, 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 by the Garda Commissioner that the Harassment, Communications and Related Offences Act 2020 was the subject of a HQ Directive 11/21, which issued in May 2021. The directive provides members with the necessary instruction regarding the implementation of the new offences.
The Commissioner further assures me that both the Garda National Cyber Crime Bureau and the Garda National Protective Services Bureau are there should any Garda member require any assistance or support in prosecuting these offences.
137. Deputy Brendan Griffin asked the Minister for Justice if a firearm and knife amnesty will be considered; if she has studied the success or otherwise of such initiatives in other jurisdictions; and if she will make a statement on the matter. [36756/21]
View answerI wish to extend my deepest sympathies to those who have been impacted by recent violent incidents. The Government is very conscious of the dangers presented by knife crime, and indeed all violent assaults. Clearly any stabbing has the potential to cause irreparable physical harm and tragic consequences and the Government is determined to ensure that similar problems to those which have developed in neighbouring jurisdictions do not develop here in Ireland.
As the Deputy may be aware, the Justice Plan 2021 commits to reviewing Garda powers in relation to dangerous weapons, including knives, to ensure they have the necessary legal tools to protect our communities. My Department is also analysing existing data, as well as developing new sources of data, and looking at international best practice to inform policy in this area.
I have also proposed that a subgroup of the Anti-Social Behaviour Forum (which I chair) should be established to examine knife crime issues and to develop proposals for practical measures, including community-based programmes, and for legislative amendments, if deemed appropriate and necessary.
While I understand the objective of conducting an amnesty in the face of very tragic incidents involving the use of knives, the consistent expert advice from An Garda Síochána is that such an amnesty is not likely to yield any significant benefits. Indeed it is well understood that, in many instances, ordinary household/kitchen knives are used in such crimes and it has not been the experience that knives of this type are handed in during any amnesty. Similarly, the type of firearms handed in during a firearms amnesty are not the type of firearms generally used in violent gun attacks and consequently, an amnesty would have little effect on such activity.
Minister McEntee and Commissioner Harris, who met earlier this year on the issue, also agreed that further analysis is needed to provide greater insights into the level of violent incidents in society. My Department and An Garda Síochána will remain in contact on the issue and will also engage with colleagues in public health on the matter.
139. Deputy Ruairí Ó Murchú asked the Minister for Justice the status of the implementation of recommendations contained within the Scoping Report into Community Safety and Wellbeing in Drogheda by a person (details supplied); and if she will make a statement on the matter. [36771/21]
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 report comprehensively addresses the ongoing challenges and needs experienced by communities in Drogheda and identifies opportunities to connect, support and strengthen services in the area.
The publication of the Scoping Report and the development of an implementation plan are key actions in my Department's 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.
An action plan to oversee the implementation of all of the recommendations contained in the Geiran report is at an advanced stage of preparation and is expected to be published in the coming weeks. 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 well as publishing the scoping report, my Department has identified some actions for early implementation which can be progressed in line with the finalisation of the implementation plan. This includes providing funding to the Red Door project and the Family Addiction Network.
Grant funding is provided for specified projects in line with grant agreements. Red Door have submitted grant proposals and my officials are engaging with them to conclude grant agreements to oversee the proposed projects.
140. Deputy Cathal Crowe asked the Minister for Justice if the expungement of 607 sex-work convictions announced by her Department on 25 April 2021 has taken place. [36591/21]
View answerIn April of this year, Minister McEntee announced an initiative to expunge previous convictions for ‘sale of sex’, or prostitution offences. This is a significant step in recognising and responding to the needs of victims of sex trafficking, and those forced to provide sexual services.
The expungement has not yet taken place because in order to do so, legislative amendments need to be drafted and advanced.
It is generally recognised that prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and that many people are forced into prostitution through trafficking, drug addiction, homelessness and poverty. It has not been an offence to sell sex in Ireland since 2017 but for those who have succeeded in exiting prostitution, previous convictions can be a significant obstacle as they attempt to move on with their lives.
The initiative to expunge convictions firmly asserts our national policy position that the focus of An Garda Síochána’s attention is not directed towards those in the sex trade, who are exploited and victimised, but rather towards those who are responsible for exploiting them and those who purchase and demand services.
The offences in question will be those secured under section 7 or 8 of the Criminal Law (Sexual Offences) Act 1993, where the person was convicted on the basis of evidence that they were offering their services as a prostitute to another person.
An Garda Síochána have identified 607 convictions comprising 402 convictions recorded for soliciting or importuning for the purposes of prostitution, contrary to section 7 and 205 convictions for loitering for the purposes of prostitution – failing to comply with a direction of a Garda, contrary to Section 8.
An offence of brothel keeping will not be expunged as it remains a criminal offence. However, as with any criminal conviction, if new evidence comes to light that would impact the basis on which the person was originally convicted, that person can seek to have the conviction overturned/quashed. In such instances, the person is advised to seek legal advice.
141. Deputy Matt Shanahan asked the Minister for Justice if she has been provided with any communications or interim reports in relation alleged Garda activity irregularities in Dunmore East, County Waterford; and if she will make a statement on the matter. [36839/21]
View answerIf the Deputy could provide further details about the matters referred to, I would be happy to make further inquiries on the matter.
142. Deputy Alan Dillon asked the Minister for Justice if she will consider reviewing the application fees for the Irish Naturalisation and Immigration Service; if consideration will be given to a weighted reduction in application fees for persons that have been resident in Ireland for significantly longer periods than the minimum eligibility requirements; and if she will make a statement on the matter. [36814/21]
View answerI understand that the Deputy is referring to the fees charged for immigration registration and the issuing of the Irish Residence Permit (IRP) card. While I have no current proposal to adjust the rate of fees, the matter is kept generally under review.
Section 9 of the Immigration Act 2004 provides that a register of non-nationals who have permission to be in the State (in general for a period of 3 months or longer) shall be established and maintained by registration officers and also provides that a non-national is required to pay a fee to the registration officer for the issue of a registration certificate. This fee is set by regulations made by the Minister for Justice with the consent of the Minister for Public Expenditure and Reform. It is common practice throughout Europe to charge a fee for immigration services.
The current fee applicable on registration is €300. Registration is normally granted for 12 months or for the period determined by the applicant's requirement to be in the State, for example an employment contract of less than 12 months or a course of study lasting 8 months.
The IRP card provides the customer with a secure immigration document including individual biometrics indicators protected by a sophisticated encryption system and showing the holders’ immigration status in the State. This high quality secure document is easily recognisable for employers and Government agencies alike.
It certifies that a person is legally registered with the Irish immigration authorities and provides details of the immigration permission held, for example a Stamp 1 or 4, etc. Once a person has an in date IRP card, there is no requirement to apply for a re-entry visa when returning to the State after a short period abroad.
143. Deputy Gino Kenny asked the Minister for Justice the breakdown of the cancellations of emergency calls by Garda divisions; and if she will make a statement on the matter. [36753/21]
View answerI welcome the apology that was made by the Garda Commissioner and the Commissioner has assured me that when someone calls 999 now, they can expect and trust that An Garda Síochána will help. That should of course always be the case.
As the Deputy will be aware, the Policing Authority, at the request of Minister McEntee, is overseeing the Garda review of this matter, and this work is ongoing. Once the Authority has completed its work, I will examine its conclusions, and any action that needs to be taken on foot of that report will be taken.
I am advised by the Garda authorities that calls for service to An Garda Síochána are processed through a Computer Aided Dispatch (CAD) system. These calls are channelled through the emergency call service to one of the four regional control rooms located in Dublin, Galway, Cork and Waterford. Such calls also include referrals from other emergency services or calls made to individual Garda stations. There are four categories for calls: Emergency, Priority 1, Priority 2 and Priority 3.
The Garda review of this matter, and the Authority's oversight of it, is ongoing and I am advised that further data will be available as the review progress. The Garda authorities have, however, provided me with the information in the table below, in relation to the number of CAD incidents nationally with a categorisation of Emergency or Priority 1, from 1 January 2019 to 31 April 2021.
|
01 Jan 2019 - 31 Oct 2020 |
% |
1 Nov 2020 - 30 Apr 2021 |
% |
|
|
Emergency CAD incidents (highest priority) |
12,385 |
3,355 |
||
|
Priority 1 CAD incidents |
163,788 |
41,480 |
||
|
Emergency incidents with closure status "cancelled" |
766 |
6.2% |
120 |
3.6% |
|
Priority 1 incidents with closure status "cancelled" |
22,595 |
13.8% |
2,694 |
6.5% |
(The Garda authorities advise me that CAD changes introduced from 1 November 2020 placed restrictions on how CAD incidents could be closed).
144. Deputy Barry Cowen asked the Minister for Justice the number of community Gardaí in the Laois-Offaly division; and if she will make a statement on the matter. [36809/21]
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 into the organisation.
As the Deputy will be aware, 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.
Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use.
I am informed by the Garda authorities that, as of 31 May 2021, there are 13 designated Community Gardaí in the Laois/Offaly Division, including 12 at Garda rank and 1 sergeant.
Again, it is important to note that the official categorisation as a Community Garda simply refers to those officers who are exclusively assigned to particular community engagement tasks. In overall terms, however, community policing is at the heart of An Garda Síochána and all Gardaí have a role to play in community policing in carrying out their duties. In this regard, as at 31 May 2021, there were 375 Gardaí assigned to the Laois/Offaly Divison, which represents an increase of 35% since 2015. These Garda members are supported by 38 Garda staff.
This strong focus on community has never been more evident than in the work carried out by all members of the Gardaí as we have tackled the COVID-19 pandemic. This is also fundamental to the recommendations of the Commission on the Future of Policing in Ireland, which are currently being implemented through A Policing Service for Our Future , including the adoption of the new Garda operating model.
145. Deputy Pa Daly asked the Minister for Justice her views on the transition from regional to operational responsibilities within the hierarchy of An Garda Síochána; and if she will make a statement on the matter. [36612/21]
View answerThe introduction of the new Garda Divisional Policing model, announced by the Garda Commissioner in August 2019, gives effect to a key recommendation of the Commission on the Future of Policing in Ireland. The approach outlined by the Garda Commissioner is intended to addresses the challenges of modern day policing and has my full support.
The new operating model includes restructuring at National, Regional and Divisional levels to provide for more front-line Gardaí, increased Garda visibility, and a wider range of policing services for people in their local area. Under the Divisional Policing Model, all services will be managed and co-ordinated at divisional level, to allow greater specialisation and to release Gardaí from back office functions. Garda Districts will no longer form part of the organisational structure.
I am confident that, as envisaged by the Commission on the Future of Policing, the adoption of this new policing model will strengthen the service provided by An Garda Síochána throughout the country.
146. Deputy James Lawless asked the Minister for Justice the current position of the criminal legal aid scheme for barristers which has not been subject to pay restoration arising from the FEMPI cuts and has remained static or reversed over the past 20 years; the impact this is having and will continue to have on availability of counsel to both defend and prosecute cases; if parity with other professions which have seen pay restoration will be provided; and if she will make a statement on the matter. [36782/21]
View answerAs the Deputy may be aware, responsibility for this matter rests with my colleague, the Minister for Public Expenditure and Reform.
That being said, my Department has been actively engaging with all relevant stakeholders, including the Department of Public Expenditure and Reform, in relation to the restoration of fees to criminal defence barristers.
My 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 Prosecution. 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.
I understand the importance of this issue which 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 expenditure implications.
While I am not in a position to provide any further information at present, I trust that this clarifies the current position for you.
