Thursday, 8 Jul 2021

Written Answers Nos. 299-319

An Garda Síochána

Questions (299)

Michael Moynihan

Question:

299. Deputy Michael Moynihan asked the Minister for Justice the number of community gardaí in the Mallow Garda district; and if she will make a statement on the matter. [36784/21]

Written answers

Minister for Justice

The 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 appreciate, the Garda Commissioner is responsible for the general management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes the deployment of members of An Garda Síochána throughout the State. As Minister, I have no role in these independent functions.

However, I am assure 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 am informed by the Garda authorities that, as of 31 May 2021, there is currently one designated Community Garda assigned to the Mallow district, who is one of 7 Community Gardaí assigned to the Cork North Division.

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 116 Gardaí assigned to the Mallow District, which represents an increase of 17% since 2015. These Garda members are supported by 7 Garda staff.

Commissions of Investigation

Questions (300)

Matt Shanahan

Question:

300. Deputy Matt Shanahan asked the Minister for Justice if the appointment of a person (details supplied) to an inquiry is effective from 1 July 2021; the timelines indicated that would be required to oversee the inquiry; if the person will be conducting a desktop analysis of the previous work; if not, if it will be in addition to previous work; if additional terms of reference are being considered; and if she will make a statement on the matter. [36836/21]

Written answers

Minister for Justice

As the Deputy will be aware, the Commission of Investigation which is investigating the extent to which organisations, including State bodies, and individuals were aware of the child sexual abuse committed by an individual during the 1980s is an independent body and I, as Minister for Justice, have no role in the conduct of its investigation.

On 9 June I announced my decision to appoint Mr Justice Michael White as the member of the Commission. Mr Justice White became the sole member on 1 July. I would like to express my gratitude to Judge Barry Hickson for all of his work on this Commission of investigation and wish him the very best for the future.

As the Deputy will appreciate, this Commission, as with all Commissions of Investigations, is completely independent in its work, and I cannot intervene in the process, nor direct the Commission in any way.

The working pattern of any Commission of Investigation is a matter for the Commission itself, and it would not be appropriate for myself, as Minister, to advise the Commission in how to conduct its work.

However, I can inform the Deputy that there are no plans to amend the terms of reference of the Commission at this time.

An Garda Síochána

Questions (301)

Alan Dillon

Question:

301. Deputy Alan Dillon asked the Minister for Justice the number of gardaí within the Mayo division from 2019 to date; and if she will make a statement on the matter. [36932/21]

Written answers

Minister for Justice

As the Deputy will appreciate, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the general management and administration of Garda business, which includes the deployment of members of An Garda Síochána throughout the State. As Minister, I have no role in this independent function.

As of 31 May 2021 there were 335 Gardaí assigned to the Mayo Division, which represents an increase of 10.6% since 2015. These Garda members are supported by 50 Garda staff.

As the Deputy will appreciate, Garda numbers nationwide can be affected by a number of factors, including retirements, medical discharges and resignations. The impact of policing measures and other steps to support the public health restrictions has also, exceptionally, had an impact across the country over the past year. As such, there has been a decrease in the number of Gardaí assigned to Mayo Division from 339 Gardaí in May 2019 to 335 in May 2021.

However, recruitment, which had to be paused due to the pandemic, has recently recommenced with 150 Garda trainees entering the Garda College on 24 May, the first of four intakes and a revised planned total of 450 for the year. The remaining scheduled commencement dates, subject to public health restrictions, are 19 July 2021, 20 September 2021 and 15 November 2021.

This continuing recruitment forms an important component in the unprecedented and sustained level of investment being made in Garda resources in recent years, and is equipping the organisation to meet community needs throughout the country.

Immigration Policy

Questions (302)

Richard Boyd Barrett

Question:

302. Deputy Richard Boyd Barrett asked the Minister for Justice if she plans to include migrants who had residency prior to becoming undocumented regardless of time spent undocumented in the regularisation scheme for undocumented people in Ireland; and if she will make a statement on the matter. [36934/21]

Written answers

Minister of State at the Department of Justice

As the Deputy will be aware, proposals for a draft scheme to regularise undocumented migrants are being developed in line with the commitment in the Programme for Government to bring forward a regularisation scheme within 18 months of the formation of the Government. This will create new pathways for long-term undocumented people and their dependents. Applicants will need to meet specific criteria and these will be formed with a clear consideration of Ireland's European Union (EU) and Common Travel Area (CTA) commitments.

My Department has conducted a wide-ranging public consultation on the proposed scheme which has provided a valuable opportunity to hear from those effected by the proposed approach to the scheme. My objective is to ensure that the scheme is as inclusive as possible.

Following the consultation process, my Department continues to work to finalise the details, including eligibility considerations and qualifying criteria, and also to design and manage the practical aspects to enable applications to be made and processed as efficiently as possible. The specific qualifying criteria will be guided by, among other things, the learning from previous regularisation schemes, such as the 2018 Student Scheme, and schemes operated by other EU Member States.

As outlined in the Justice Plan 2021, the scheme will be opened to applications before the end of year.

Joint Policing Committees

Questions (303, 304)

Alan Dillon

Question:

303. Deputy Alan Dillon asked the Minister for Justice her Department’s policy position on joint policing committees; and if she will make a statement on the matter. [36935/21]

Dara Calleary

Question:

304. Deputy Dara Calleary asked the Minister for Justice the policy proposals for the future of joint policing committees; her views on whether such committees form an essential role in community involvement in and engagement with policing issues; and if she will make a statement on the matter. [36938/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 303 and 304 together.

The Deputies will be aware that my Department recently published the general scheme of the landmark 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 be broader than that of the existing JPCs and will include residents, community representatives (including youth, new communities and voluntary sector representation), business and education sector representation, relevant public services including the HSE, Tusla, An Garda Síochána and local authorities as well as local councillors.

The Deputies will be aware that in November 2020, Minister McEntee announced the establishment of three new Local Community Safety Partnerships on a pilot basis in the north inner city of Dublin, Waterford and Longford. The locations of the pilots, which will run for 24 months, were chosen based on a number of factors including population density, crime rates and deprivation. An independent Chairperson has been appointed to chair each Partnership pilot.

As the pilots progress, they will be carefully evaluated and any necessary changes made to ensure the Partnerships work as effectively as possible for the communities involved. The pilots will inform the further development of the Policing, Security and Community Safety Bill, which will facilitate the rollout of Local Community Safety Partnerships in every local authority area.

Question No. 304 answered with Question No. 303.

Citizenship Applications

Questions (305)

Martin Kenny

Question:

305. Deputy Martin Kenny asked the Minister for Justice if an application for citizenship by a person (details supplied) has been submitted to her for decision; and if she will make a statement on the matter. [36953/21]

Written answers

Minister of State at the Department of Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 5 April 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

I recognise the crucial role healthcare workers are continuing to play in responding to the threat of COVID-19. They work in a challenging environment and deal with vulnerable people on a daily basis. Their exceptional commitment has been particularly clear throughout the pandemic, during which they have played a vital part in preventing the spread of COVID-19.

All applications for a certificate of naturalisation are processed and assessed individually in accordance with legislation. There are no provisions to apply different criteria depending on the category of employment of the applicant. All applicants are required to meet minimum periods of reckonable residence and standard checks are carried out as part of the overall process to maintain its integrity.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: [e-mail], 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.

Citizenship Applications

Questions (306)

Martin Kenny

Question:

306. Deputy Martin Kenny asked the Minister for Justice if an application for citizenship by a person (details supplied) has been submitted to her for decision; and if she will make a statement on the matter. [36954/21]

Written answers

Minister of State at the Department of Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 28 May 2020.

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 [e-mail], 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.

Citizenship Applications

Questions (307)

Cian O'Callaghan

Question:

307. Deputy Cian O'Callaghan asked the Minister for Justice the status of an application for citizenship and a travel document of a person (details supplied); and if she will make a statement on the matter. [36956/21]

Written answers

Minister of State at the Department of Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 6 February 2020 and 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.

The application for a travel document was recently granted and has been sent to the Passport Office for printing. Once the travel document has been printed it will be posted to the person concerned as soon as possible.

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 [e-mail], 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.

Citizenship Applications

Questions (308)

Cian O'Callaghan

Question:

308. Deputy Cian O'Callaghan asked the Minister for Justice if a person (details supplied) as part of a citizenship application had to submit a passport a month ago; if the passport will be returned to the person; and if she will make a statement on the matter. [36995/21]

Written answers

Minister of State at the Department of Justice

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.

All applications for a certificate of naturalisation are processed and assessed individually in accordance with the relevant legislative provisions. Applicants must supply original passports in support of their application to satisfy the requirement for applicants to firmly establish their identity.

In normal circumstances, passports are returned to applicants approximately 10 days after their receipt. However, the current limits on the numbers of staff attending the office due to public health restrictions, has resulted in some delays in this. My Department has recently advised customers not to submit passports with their applications between 25 June and 30 September if they think that they will need to travel during this time. This will also allow the citizenship team to prioritise the processing of applications during the summer months. Where passports have already been submitted and are now needed for urgent reasons, such as medical reasons or to sit medical exams, applicants can contact the citizenship team at [e-mail] to request their return. I can assure the Deputy that all requests of this nature will be dealt with promptly.

Departmental Staff

Questions (309)

Pauline Tully

Question:

309. Deputy Pauline Tully asked the Minister for Justice the funding that was allocated in her Department for assistive technologies for persons with disabilities in 2019, 2020 and to date in 2021 respectively; the additional funding needed to increase funding for assistive technologies by 5%, 10% and 25% respectively; and if she will make a statement on the matter. [37019/21]

Written answers

Minister for Justice

As the Deputy will be aware, my Department follows the Civil Service Code of Practice on the employment of people with disabilities.

I wish to advise the Deputy that while there is no specific budget allocated for assistive technologies required for persons with disabilities in my Department, these additional supports are available to staff on request as required.

All such requests are made through our Disability Liaison Officer and the required assistive technologies are identified, sourced and purchased through our ICT division. These costs fall under the wider ICT budget and no limit is put in terms of sending on assistive technologies. Where they are required to support staff they will be provided.

Assistive technologies are in place in public buildings used by customers to ensure they are accessible to persons with disabilities. These supports are provided and funded by the Office of Public Works (OPW) under the Universal Access Fund.

The costs associated with assistive technologies purchased by my Department in 2019, 2020 and to date in 2021 are outlined below.

Year	€
2021 (to date)	€3,416.88
2020	€1,115.09
2019	€1,771.20

Crime Prevention

Questions (310, 312, 319)

Bernard Durkan

Question:

310. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which organised drug-related crime continues to grow; the degree to which her Department continues to be in a position to meet the challenges ahead; and if she will make a statement on the matter. [37094/21]

Bernard Durkan

Question:

312. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which drug related criminality has grown in the past ten years; the measures in hand to deal with the issue; and if she will make a statement on the matter. [37096/21]

Bernard Durkan

Question:

319. Deputy Bernard J. Durkan asked the Minister for Justice the degree to which the activities of the major criminal gangs have been restricted in the course of the past five years to date; and if she will make a statement on the matter. [37103/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 310, 312 and 319 together.

I can assure the Deputy that tackling criminal gang activity is a key priority for the Government and an ongoing priority for An Garda Síochána which is reflected in the National Policing Plan.

The Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of legislative measures such as:

- The Proceeds of Crime (Amendment) Act 2016 which provides additional Garda powers for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of;

- The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014, providing for the establishment and operation of the DNA database providing Gardaí with links between people and unsolved crimes;

- The Criminal Justice (Amendment) Act 2009, introduced to protect the justice system from being subverted by criminal groups, including potential intimidation of juries.

An Garda Síochána has also been allocated an unprecedented €1.92 billion euro in Budget 2021 to increase recruitment, improve facilities and equipment and also to aid in the roll out of the organisational changes recommended by the Commission on the Future of Policing in Ireland, including the new Garda Operating Model. Further redeployment of sworn Garda members to frontline policing duties, where their skills, training and expertise can be of most use, is continuing in line with these changes.

An Garda Síochána continues to develop and implement strategies to dismantle and disrupt criminal networks, utilising advanced analytical and intelligence methods. Gardaí target serious criminals and organised criminal groups through the use of focused intelligence led operations by specialist units such as the Organised Crime Unit, the Criminal Assets Bureau, and the National Bureau of Criminal Investigation. An Garda Síochána regularly liaises and cooperates with their international policing and security partners, such as EUROPOL and INTERPOL, in their mutual objective of combatting transnational organised crime.

As the Deputy will no doubt be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. However, the particular breakdown sought by the Deputy is not available, as 'drug related crime' covers a wide range of criminal activity from drug trafficking to assault and intimidation. I can however inform the Deputy that the most recent available crime statistics, as published by the Central Statistics Office and including statistics for covering most of the period requested are available at: https://data.cso.ie/product/RC.

An Garda Síochána

Questions (311)

Bernard Durkan

Question:

311. Deputy Bernard J. Durkan asked the Minister for Justice the number of women currently in An Garda Síochána; the extent to which their numbers have fluctuated over the past five years; and if she will make a statement on the matter. [37095/21]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration and operation of An Garda Síochána, including matters of personnel and human resources policy. As Minister, I have no direct role in these matters, however I fully support the Commissioner and his management team in their efforts to strengthen and diversify An Garda Síochána in all areas.

I am informed by the Commissioner that the total number of women in all ranks of An Garda Síochána as at 31 May 2021, the latest date for which figures are currently available, was 4,003 or approximately 27% of the total strength of 14,499. This compares favourably with 3,130 or 21.7% of the total strength on 31 December 2008. While this is broadly in line with police services in England and Wales, for example, there is clearly plenty of scope for improvement. It is to be noted that in the senior leadership of An Garda Síochána, both Deputy Commissioners are women, as are 3 of the 8 Assistant Commissioners.

For the Deputy's information the following table, supplied to me by the Garda authorities, sets out the number of women in An Garda Síochána over the past five years, as requested by the Deputy:

Year	*2021	2020	2019	2018	2017
Number	4,003	3,983	3,863	3,759	3,592

* Figures as at 31 May 2021

The Deputy will be aware that the Programme for Government contains a commitment to increase the diversity within An Garda Síochána. In this regard, the Garda Equality, Diversity and Integration (EDI) Strategy sets out 11 strategic goals to be met by the end of 2021 to increase equality, diversity and inclusion within the Garda organisation, including the establishment of governance structures to ensure the strategy’s goals are met.

An EDI Leadership Council, chaired by the newly appointed Deputy Commissioner with responsibility for Strategy, Governance and Performance, and colleagues from across the public sector, including my Department, and academia has been established to oversee this work including addressing the issue of greater diversity and gender balance in recruitment within the Gardaí.

Question No. 312 answered with Question No. 310.

Crime Prevention

Questions (313)

Bernard Durkan

Question:

313. Deputy Bernard J. Durkan asked the Minister for Justice the number of criminal gang members currently in prison or facing trial; and if she will make a statement on the matter. [37097/21]

Written answers

Minister of State at the Department of Justice

I have been advised by my officials in the Irish Prison Service that the position remains as set out for the Deputy in response to Parliamentary Question 30430/21, which was answered on 3 June of this year.

Crime Prevention

Questions (314, 316)

Bernard Durkan

Question:

314. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which recidivism is evident in the context of various levels of offences; the groups most seriously affected; and if she will make a statement on the matter. [37098/21]

Bernard Durkan

Question:

316. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which changes in the pattern of recidivism has been noted in any or each of the past five years to date; and if she will make a statement on the matter. [37100/21]

Written answers

Minister of State at the Department of Justice

I propose to take Questions Nos. 314 and 316 together.

Ensuring people feel safe in their communities and in their homes is a priority for this Government and my Department, and we are striving to provide that safety through engagement with communities, by reducing crime and tackling recidivism and by supporting victims.

Working to reduce re-offending and minimise the risk of further harm to victims and society, through the implementation of effective evidence-based penal policy, is a key priority for this Government. While I recognise that there is no quick fix to reducing recidivism, targeted interventions, particularly in the community, will result in better outcomes for the most marginalised offenders. These include increasing access to addiction treatment, employment opportunities and increased use of community funded organisations.

Justice Plan 2021 outlines a range of actions to progress this. Among those is the forthcoming publication of a Review on Penal Policy, which will set out actions to be taken going forward in order to reduce the rate of reoffending.

A number of initiatives have been introduced over the past decade to reduce reoffending including Community Return and Community Support Schemes and the Joint Agency Response to Crime (J-ARC). Community Return and Community Support Schemes aim to increase support for prisoners prior to their release from prison, upon their release, and then for a period after their release in order to break the cycle of offending. The J-ARC is a multi-agency response to the supervision and rehabilitation of offenders which targets prolific offenders responsible for large amounts of crime. The Action Plan for the Joint Management of Offenders (2019-2021) further aims to reduce reoffending of sex offenders, perpetrators of domestic abuse and prolific offenders (including violent and other serious anti-social offenders). The Department, Probation Service, IPS and An Garda Síochána have developed a focused framework to work collaboratively to manage such offenders in prison and in the community.

In terms of statistical trends in regards to recidivism, 2 recent publications from the CSO will be of interest to the Deputy.

One published on 17 November 2020 provides information on the level of recorded re-offending by offenders that were placed under the management of the Probation Service, including those on Community Service Orders. The second report published on 25 June examines re-offending levels amongst prisoners released from the Prison Service.

Both reports can be found on the website of the CSO.

In relation the CSO report on re-offending by offenders that were placed under the management of the Probation Service, it is encouraging to note that reoffending rates decreased over the period covered by the report. The Probation Service remains committed to supporting the sustained reduction of recidivism through the delivery of its offender rehabilitation and supervision schemes, and continues to work closely with partners within the Justice ecosystem to support the successful reintegration of those who have committed crimes safely back into their communities.

As regards the statistics contained in the report examining reoffending levels amongst those released from Prison, while it is encouraging to see that no significant upward trends are occurring, it is clear that we still have much work to do in this area.

Examples of recent initiatives intended to support reintegration of offenders and reduce reoffending include:

- The Criminal Justice Sector Housing First Project which was initiated in October last year to deliver on a commitment contained in the Housing First National Implementation Plan 2018-2021 by securing housing with time unlimited multi-disciplinary supports for 75 people leaving prison custody or under probation supervision in the community.

- The Working to Change: Social Enterprise and Employment Strategy 2021-2023 launched last year sets out the Department’s direction for supporting employment options for people with convictions by working to remove the systemic barriers so that people can make sustainable changes.

- The new Youth Justice Strategy which is an important element in the State’s policy response to the involvement of children and young people in crime and is designed to provide a development framework to address key ongoing challenges, as well as new and emerging issues in the youth Justice area. This will include preventing offending behaviour from occurring and diverting children and young adults who commit a crime away from further offending and involvement in the criminal justice system.

- The establishment of the High Level Task Force on Mental Health which is considering how best to care for people with mental health issues who come into contact with the criminal justice system. The Task Force has already met twice and has established a number of sub-groups which are focusing in the first instance on effective diversion from the criminal justice system; along with capacity levels in the Central Mental Hospital and the Irish Prison Service; and also at community care and through-care from custody.

We are also working to reform our spent convictions legislation to broaden the range of convictions that are considered spent in order to offer opportunities to individuals who have demonstrated that they wish to move away from offending and into employment by offering them an important ‘second chance’.

Crime Prevention

Questions (315, 321)

Bernard Durkan

Question:

315. Deputy Bernard J. Durkan asked the Minister for Justice the number of offences committed by persons while on bail for one or more offences in each of the past five years to date; and if she will make a statement on the matter. [37099/21]

Bernard Durkan

Question:

321. Deputy Bernard J. Durkan asked the Minister for Justice the average number of accused persons on bail at any given time in the past five years; the number of crimes committed by such persons while on bail; and if she will make a statement on the matter. [37105/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 315 and 321 together.

As the Deputy may be aware, the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a Constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty. I have made enquiries in relation to the data requested by the Deputy and I am advised that the information sought is not readily available.

However, in general terms, the Deputy may be interested to note that the Criminal Justice Act 2017 strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.

Under the Act, a Court, in considering an application for bail, is required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the grant of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more. The Act also provides for the Court to have the power, in certain circumstances, to hear evidence from the victim of an alleged offence before a decision on bail is taken.

Where an accused person is granted bail, the Act provides for stricter bail terms for repeat serious offenders, strengthens Garda powers to deal with breaches of bail and increases the use of curfews.

I am advised by the Garda authorities that the amended bail laws have proven to be effective and I can inform the Deputy there are no immediate plans to introduce further bail legislation.

Question No. 316 answered with Question No. 314.

Prison Service

Questions (317)

Bernard Durkan

Question:

317. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which an adequate number of prison spaces remain available to meet the demand; and if she will make a statement on the matter. [37101/21]

Written answers

Minister for Justice

As the Deputy may be aware, prison governors are required by law to accept all prisoners into their custody who have been committed to prison by the Courts. Therefore, the Irish Prison Service has no control over the numbers committed to custody at any given time.

I can also advise the Deputy that the prison system has always been subject to peaks and troughs. The number of persons in custody peaked in February 2011 at 4,621, before falling back to 3,525 in January 2015. However, since 2016, the number of persons in custody had been steadily increasing until March 2020 when this trend was ended with the onset of the Covid-19 pandemic.

As part of its response to the challenges posed by the Covid-19 pandemic in custodial settings, since March 2020 the Prison Service has been implementing measures to reduce the prison population, in order to ensure good infection control and to ensure that cells are available for the accommodation of any prisoner who may be required to isolate in accordance with guidance from the public health authorities.

In the first instance, the approach adopted included granting temporary release to low risk prisoners who were serving sentences of less than 12 months for non-violent offences. Subsequently, prisoners assessed as low risk who had less than 6 months to serve were also granted temporary release from some prisons.

In 2019, in response to increasing prisoner numbers, the Director General introduced a Prison Population Management Plan aimed at identifying the short, medium and long term actions required to address the rising prisoner numbers. As a result, approximately 135 additional beds were introduced. The current bed capacity of the prison estate is 4,375.

A further 96 prisoner spaces will come on stream in due course (subject to easing of restrictions regarding the Covid-19 pandemic) with the reopening of the Training Unit at Mountjoy as an older persons facility. In addition, the construction of a new male wing and standalone female prison is underway in Limerick Prison and will provide 90 additional male and 40 additional female spaces. It is subject to delays due to Covid-19 pandemic.

I am advised by my officials in the Irish Prison Service that the number in custody on 6 July, 2021 was 3,866, representing a 88% occupancy rate.

Prison Service

Questions (318)

Bernard Durkan

Question:

318. Deputy Bernard J. Durkan asked the Minister for Justice the number of prisoners who have absconded while on early release, temporary release, supervised and unsupervised, in each of the past five years to date; and if she will make a statement on the matter. [37102/21]

Written answers

Minister for Justice

The figures requested by the Deputy were not readily available within the timeframe permitted.

The information sought is currently being collated and verified by officials within in the Irish Prison Service and when this data is to hand I will be in contact directly with the Deputy.

The following reply was received on 24 June 2022.

UAL* TYPE	BREAKDOWN	Year 2016	Year 2017	Year 2018	Year 2019	Year 2020	Year 2021	Total
	Total Number UAL	404	285	321	486	127	162	1,785
	Of Which
UAL BREACH OF TR	·Returned to Custody	235	149	197	258	49	51	939
UAL BREACH OF TR	·Not returned to Custody -** Given TR from UAL	150	114	100	178	58	80	680
UAL BREACH OF TR	·Remaining UAL on 31December 2022	19	22	24	50	20	31	166
	Total Prisoners Granted Temporary Release	9,857	4,519	2,994	3,730	2,785	2,493	26,378

*UAL – Unlawfully at large. This can arise for a large number of reasons including, failure to sign on due to communication issues, failure to sign on due to medical or family reasons or due to clerical/administration errors. On each occasion, a new decision would be required from the Irish Prison Service, who examine the reasons for the prisoner going unlawfully at large and if they are satisfied that there is no risk to public safety, they could approve another period of temporary release.

** Please Note Individuals did not necessarily return to custody in the same year that they went UAL.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question 318 for written reply on 8 July 2021 requesting

the number of prisoners who have absconded while on early release, temporary release, supervised and unsupervised in each of the past five years to date. The information requested was not readily available at that time and I undertook to revert directly to you as soon as possible with the relevant information. I apologise for the delay in responding to you.

I can advise that my officials in the Irish Prison Service have now collated and reviewed the information which is set out below.

The table attached illustrates the number of prisoners who have absconded while on early release, temporary release, supervised and unsupervised from 2016 to 2021.

I trust this information is of assistance and again my apologies for the delay in getting this information to you.

table

Question No. 319 answered with Question No. 310.