Written Answers Nos. 545-564
547. Deputy David Cullinane asked the Minister for Justice if she will advise on a matter raised in correspondence (details supplied); if permission will be granted; and if she will make a statement on the matter. [37362/21]
View answerI can inform the Deputy that the Immigration Service of my Department will accept the information submitted as an application and will be in contact with the person concerned in the coming days.
I can also inform the Deputy that the person concerned qualifies for the automatic extension of immigration permissions to 20 September 2021, provided that they abide by the conditions of their student permission, which is to continue studying in the State.
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.
548. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of an application for a stamp O visa by a person (details supplied); and if she will make a statement on the matter. [37367/21]
View answerThe person referred to by the Deputy submitted an application for Temporary and Limited Leave to Remain in the State on 21 April 2021. I can confirm that processing of this application is on-going and there will be no avoidable delay in finalising their application. The Residence Unit of the Immigration Service of my Department will contact the person concerned as soon as a decision has been 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.
549. 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. [37403/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 10 October 2018. The application 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.
550. Deputy Holly Cairns asked the Minister for Justice the steps she is taking to fulfil the programme for Government commitment to develop the third national strategy on domestic, sexual and gender-based violence which will place a priority on prevention and reduction and will include a national preventative strategy. [37409/21]
View answerJustice Plan 2021 commits to the development of the Third National Strategy to Combat Domestic, Sexual and Gender-based Violence and this is a priority for me and for Government. The new Strategy will have a significant focus on service delivery, as well as cohesive governance and oversight arrangements and will, as the Deputy mentions, place a priority on prevention and reduction and will include a National Preventative Strategy. It is on track to be developed and brought to Government before the end of 2021.
My Department has partnered with key stakeholders in Safe Ireland and the National Women’s Council to provide expert support and guidance in progressing this new strategy. Their work is supported by consultants KW Research, who are working on a number of different elements including a review of the second national strategy, identifying the major issues to be addressed, and coordinating public input into the new strategy. They will be required to incorporate thinking and recommendations from the Government audit of the national DSGBV infrastructure, learnings from the review of the current strategy, and all other relevant statutory reviews, into a new internationally modelled, consultative, best-practice strategy.
Public consultations on the third national strategy are underway, with a number of workshops taking place last month. The analysis of the feedback at these events and the results of an online survey are currently being examined. Interviews with senior decision makers in each relevant Department and agency have also been undertaken.
The next stage will be to identify a set of draft high-level goals and outcomes for agreement. Detailed drafting of proposed actions, timescales and KPIs will then commence.
It is my intention to have a draft strategy ready for a further round of public consultation in September.
551. Deputy Holly Cairns asked the Minister for Justice the steps she is taking to address financial coercion and financial exclusion faced by victims and survivors of domestic abuse; and if she will make a statement on the matter. [37421/21]
View answerIn recognition of the financial pressures faced by victims of domestic abuse, the Department of Social Protection agreed a protocol with Tusla in August 2020, on a pilot basis, to make rent supplement more easily accessible to victims of domestic violence.
This seeks to ensure that victims of domestic violence are not prevented from leaving their home because of financial or accommodation difficulties. The arrangements in this protocol are in addition to the range of other supports already in place for victims of domestic violence.
I understand there are currently 62 victims of domestic violence being supported with rent supplement under these arrangements.
In addition, I can assure the Deputy that my Department is advancing a number of actions in order to deliver on the goal in Justice Plan 2021 to strengthen support for victims and combat domestic sexual and gender based violence. These actions include the implementation of Supporting a Victim's Journey.
As part of implementing Supporting a Victim’s Journey, my Department has reviewed our grant schemes for organisations working with victims of crime. We have also undertaken an exercise to identify geographical areas where a full range of services are still not available. My Department will be working with the NGO sector to identify suitable providers to fill the gaps identified.
We have also been working with key NGOs represented on the DSGVB Strategy Monitoring Committee to map the journey that a typical victim or victims faces. This has already provided some really valuable information which points primarily to training needs and supervision issues for frontline services and we will now look at agreeing actions to be taken to meet those needs.
Another important part of the work we are doing to improve how we support victims of DSGBV is the audit of how responsibility for how DSGBV services is segmented across Departments and agencies. The report of the audit has now been finalised and was brought to Government today. Going forward, the audit will be an important piece of work which will help ensure we have the right structures in place to respond to all of the issues arising as a result of DSGBV.
In addition, Tusla is currently undertaking a review of accommodation needs and the outcome of this, together with the recommendations of the audit and the ongoing work of implementing Supporting a Victim's Journey, will feed into the development of the next National Strategy on DSGBV.
The development of the new strategy is happening in close consultation with the sector and my Department has partnered with key stakeholders in Safe Ireland and the National Women’s Council to provide expert support and guidance in progressing this new strategy.
It is my intention that a draft of this new strategy will be ready for a further round of public consultation in September.
552. Deputy Holly Cairns asked the Minister for Justice the steps she is taking to fulfil the programme for Government commitment to legislate to introduce domestic homicide reviews. [37423/21]
View answerJustice Plan 2021 commits to publishing the independent research on familicide and domestic homicide reviews which has been commissioned by my Department. This will be an important first step towards delivering on the Programme for Government Commitment to legislate to introduce domestic homicide reviews.
The independent study is looking at international best practice in the conduct of domestic homicide reviews with a view to making recommendations in relation to their application in this jurisdiction.
I must emphasise that the Advisory Group involved in the study and their work is independent, and my Department is not involved in the work of the study nor is it a member of the Advisory Group.
I understand that the report will be finalised in the coming weeks and it will subsequently be published. When received, I will examine the report in detail and I am committed to considering any recommendations made as a priority.
553. Deputy Holly Cairns asked the Minister for Justice if she will extend the definition of consent in law to emphasise that sexual coercion involves more than threats of and actual physical force. [37424/21]
View answerAs I am sure the Deputy is aware, the Criminal Law (Sexual Offences) Act 2017 has been widely recognised as a landmark piece of legislation dealing with consent and exploitation in sexual activity. For the first time, it set out in statute what consent actually means - a free and voluntary agreement between people to engage in sexual activity.
The 2017 Act amended the Criminal Law (Rape) Amendment Act 1990, inter alia by setting out certain circumstances where consent is impossible, such as when a person is asleep or unconscious; if they are being held captive; if they cannot communicate their agreement due to physical inability or disability; if they are mistaken or misled about who the other person is, or what the activity is; or for example if they are so drunk or intoxicated that they are in no position to consider the activity and make up their mind. The list is non-exhaustive, and the Act specifically states that the section concerned does not limit the circumstances in which it may be established that a person did not consent to a sexual act. Coercion other than the threat of physical force is a factor that may be considered when examining whether or not consent was given.
In order for a jury to find a person guilty of rape, three things are necessary.
Sexual intercourse must have taken place;
the person must not have consented; and
the accused person must either have known that person didn’t consent, or been reckless as to whether they consented or not.
During the Oireachtas debate on the Bill, the issue of whether a person’s belief in consent must be reasonably held was discussed in some detail. As the law stands, the mental element of the offence of rape is not present if the accused honestly believed consent was given, so long as that belief was genuine, no matter how unreasonable or irrational. As a result, a person who held a genuine but completely unreasonable belief that the other person consented would not be found guilty of rape.
It was on foot of those debates that the Attorney General and one of my predecessors as Minister discussed the matter and agreed to refer it to the Law Reform Commission, for detailed consideration. The Commission produced a thorough and expert examination of the complex issue of consent and recommend a change in the law to state that the belief of the accused person in consent must be reasonably held. It also touches on some of the surrounding matters which are being examined elsewhere, such as rape myths and stereotypes, obstacles to prosecution in rape cases, the treatment of victims in rape cases and other related matters.
The Deputy is also aware that my Department is leading on the delivery of a number of important commitments to make sure that we are responding effectively to the needs of victims of domestic abuse and sexual violence. This includes the full and timely implementation of the detailed roadmap for the introduction of the recommendations contained in the O'Malley Review. Entitled Supporting a Victim's Journey - A plan to help victims and vulnerable witnesses in sexual violence cases this plan will, when implemented, protect and support vulnerable witnesses during the investigation and prosecution of sexual offences.
Implementing Supporting a Victim's Journey in full will require a number of legislative changes, the first being the Criminal Procedure Act which was signed into law by the President on 24 May 2021. In order to implement the rest of the required changes needed, a scoping exercise is currently being undertaken by my Department for a new Sexual Offences Bill. The Bill will encompass provisions to implement the O’Malley Report recommendations as well as for additional harassment orders to the 2017 Sexual Offences Act and to implement the recommendations of the 2019 Law Reform Commission Report on Knowledge or Belief concerning Consent in Rape Law.
I envisage that General Scheme of this Bill will be brought to Cabinet by the end of 2021.
554. Deputy Holly Cairns asked the Minister for Justice if she will introduce strict time limits for applications to adduce sexual experience evidence and ensure that legal counsel representing the complainant is not much less experienced than those representing the prosecution and defence in such cases for sexual assault and rape trials. [37425/21]
View answerAs I know the Deputy is aware, my Department is leading on the delivery of a number of important commitments to make sure that we are responding effectively to the needs of victims of sexual violence. This includes the full and timely implementation of the detailed roadmap for the introduction of the recommendations contained in the O'Malley Review. Entitled Supporting a Victim's Journey - A plan to help victims and vulnerable witnesses in sexual violence cases this plan will, when implemented, protect and support vulnerable witnesses during the investigation and prosecution of sexual offences.
Among the many issues being dealt with by Supporting a Victim's Journey are legal representation for victims, and the need for victims to be treated with dignity and respect at every stage throughout the process, including during any questioning around the victim's sexual experience.
The Criminal Procedure Act, which was signed into law by the President on the 24th of May 2021 introduces key changes to the way questioning on prior sexual history will unfold at a trial. Other than in exceptional circumstances, the Act will require the intention to question a victim on their prior sexual history to be raised at a preliminary trial hearing, before the commencement of the trial. This will be of great help to victims as it removes uncertainty, brings the issue forward to the start of the process, allows them to know in advance and be informed as to whether this type of questioning will be permitted in the trial.
Supporting a Victim's Journey will also ensure the victim's right to have the same legal representation at the preliminary trial hearing and during the trial itself if an application to question them about prior sexual history is made at the preliminary trial hearing and is granted.
The victim will be entitled to their own, dedicated legal advice and support throughout the process (not just during the court case). The victim will also be entitled to legal aid for this purpose. The availability of a legal expert in their corner, should they wish, will be of great assistance and they will have someone whose only role in the case is to advise them.
Recommendation 5.5 of Supporting a Victim's Journey states that once notification has been given at a preliminary trial hearing of intention to apply for leave to question a victim at trial under the terms of section 3 of the Criminal Law (Rape) Act 1981, the Legal Aid Board should be immediately informed. The Legal Aid Board, in turn, should endeavour to ensure that the victim is represented by counsel of a level of seniority similar to that of counsel representing the prosecution and defence.
My Department sought leave from of the Department of Public Expenditure and Reform (DPER) to make changes to the fee structure of the Legal Aid Board’s Barrister’s panel. Having written to DPER in that regard in early November 2020, sanction was given in early March for either a single Junior or Senior Counsel to support victims in connection with applications under section 3/4 of the Criminal Law (Rape) Act 1981 in which they are entitled to separate legal representation and where they have been granted legal aid.
Implementing Supporting a Victim's Journey in full will require a number of legislative changes, the first being the Criminal Procedure Act, discussed above. In order to implement the rest of the required changes needed, a scoping exercise is currently being undertaken by my Department for a new Sexual Offences Bill. The Bill will encompass provisions to implement the O’Malley Report recommendations as well as for additional harassment orders to the 2017 Sexual Offences Act and to implement the recommendations of the 2019 Law Reform Commission Report on Knowledge or Belief Concerning Consent in Rape Law.
The proposed amendments to the legislation dealing with sexual offences will need detailed consideration from a policy perspective throughout the development of a general scheme of a Bill and the subsequent drafting process. This will include engagement with stakeholders and careful assessment of implications and costings.
I envisage that General Scheme of this Bill will be brought to Cabinet by the end of 2021.
555. Deputy Holly Cairns asked the Minister for Justice if she will request that guidance for juries be developed as a priority to address rape myths ingrained and pre-existing biases, stereotypes and assumptions they may have, whether conscious or unconscious, preferably to be given at the start of a trial but with judicial discretion to repeat it when needed. [37426/21]
View answerAs the Deputy is aware, Supporting a Victim's Journey is a detailed roadmap for the introduction of all of the recommendations contained in the O'Malley Review which, when implemented, will create a victim-centred approach that protects and supports vulnerable witnesses during the investigation and prosecution of sexual offences.
One of the recommendations under Supporting a Victim's Journey is the development and rollout of training for all personnel that a victim may come into contact with as they navigate the criminal justice system, including An Garda Síochána, the Director of Public Prosecutions, the legal profession and the judiciary.
In the courtroom setting, it is recommended that all judges presiding over criminal trials for sexual offences and all lawyers appearing in such trials should have specialist training, and that this training should equip them with an understanding of the experience of victims of sexual crime.
The Judicial Council has agreed this training is a priority and it is anticipated it will be completed in 2021. Separately, the Bar of Ireland’s existing Continuous Professional Development (CPD) programme incorporates training for barristers dealing with vulnerable witnesses.
It is important to note that Supporting a Victim's Journey has always been classed as a "living" document - one that will evolve as needed. This means that additional recommendations for improving how the criminal system protects and supports vulnerable victims and witnesses can be examined and potentially added.
The issue raised by the Deputy is one of a number of issues that officials in my Department are examining in this regard.
556. Deputy Thomas Gould asked the Minister for Justice if her attention has been drawn to the situation residents in a location (details supplied) are having with serious issues regarding the sale of drugs that may fall under the Criminal Justice (Psychoactive Substances) Act 2010; and the supports that are being provided to local gardaí to combat same. [37441/21]
View answerI can assure the Deputy that the Government is committed to supporting An Garda Síochána in tackling drug related crime throughout the State. There are now 321 Garda personnel in Divisional Drugs Units, as of 31 May 2021, assigned to tackle drug related crime on a local basis throughout the country. This represents an increase of over 4% since 30 June 2020, when there were 308 Gardaí assigned to Divisional Drugs units nationwide. These members are supported, as needed, by the Garda National Drugs and Organised Crime Bureau, which has 93 Gardaí attached to it as of 31 May 2021.
As the Deputy will appreciate, the investigation of any individual cases are an operational matter for the Garda Commissioner. I am informed by the Garda authorities that the matters to which the Deputy has referred are the subject of ongoing and active investigation by the Divisional Drugs Unit in Cork City and there has been a number of searches and seizures in this area over the last year. The Cork City Divisional Drugs Unit are coordinating these investigations and I understand that there is ongoing liaison with Forensic Science Ireland in relation to obtaining the relevant certificates to advance these investigations.
I am further informed that the Garda Superintendent with responsibility for Community Engagement in Cork City North has been actively facilitating liaison with the residents of the area through the community policing team, and there are regular proactive policing patrols in the area to combat this activity and other antisocial behaviour.
The Deputy may be further interested to note that on 1 July, An Garda Síochána commenced an enhanced national anti-drugs strategy - Operation Tara - which has a strong focus on tackling street-level dealing throughout rural and urban Ireland. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs.
557. Deputy Mattie McGrath asked the Minister for Justice the reason for the delay in implementing all sections of the Judicial Council Act 2019; when she will sign commencement orders in relation to sections 3, 42, 50-51, 53-64, 67-84, 86 and 88 of the Act and if she will make a statement on the matter. [37453/21]
View answerAs the Deputy will be aware, 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 six main pillars of the Council’s remit are to promote:
Excellence in the exercise by judges of their judicial functions,
High standards of conduct among judges,
The effective and efficient use of resources made available to judges for the purposes of the exercise of their functions,
Continuing education of judges,
Respect for the independence of the judiciary, and
Public confidence in the judiciary and the administration of justice.
Part 5 of the Act refers to the Judicial Conduct Committee in Sections 42 to 88.
The Judicial Council Committees have been established, with lay members of those committees recruited, where required.
At the first meeting of the Judicial Council on 7 February 2020, dates were specified for the establishment of the various committees of the Council. The Judicial Conduct Committee was formally established with effect from 30 June 2020.
It was required under the Act to submit to the Judicial Council Board draft guidelines concerning judicial conduct and ethics, within 12 months of its establishment. I understand that the Committee submitted those draft guidelines to the Board on 28 June 2021, within the statutory timeframe.
The Act further states that the Council must then adopt those guidelines within a further 12 month period from that date. Once the guidelines are in place, I will then make orders bringing into operation those relevant provisions of the Act which have not yet been commenced.
558. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the plan that has succeeded the Youth Justice Action Plan 2014-2018; and if she will make a statement on the matter. [37484/21]
View answerIn April, Minister McEntee and I launched the Youth Justice Strategy 2021 - 2027, which is the successor to the Youth Justice Action Plan referred to by the Deputy.
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.
The Strategy is available on my Department's website at the following link: http://www.justice.ie/en/JELR/Youth_Justice_Strategy_2021-2027.pdf/Files/Youth_Justice_Strategy_2021-2027.pdf.
559. Deputy Michael Healy-Rae asked the Minister for Justice the status of an application by a person (details supplied); and if she will make a statement on the matter. [37551/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 14 September 2020. The application 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.
560. Deputy Michael Collins asked the Minister for Justice if she will address a matter regarding long stay visas (details supplied); and if she will make a statement on the matter. [37552/21]
View answerMy Department is responsible for registering the immigration permissions of customers based in the Dublin area at our Burgh Quay Registration Office. All other immigration registrations are carried out by An Garda Síochána across the network of Garda stations.
To be of assistance to the Deputy, I have requested the information from the Commissioner. Unfortunately, it was not possible to compile it in the time available and I will write to the Deputy directly, when it is received.
561. Deputy Michael Fitzmaurice asked the Minister for Justice the estimated cost if 1,000 additional gardaí were recruited in each of the years 2022 to 2024, in tabular form; and if she will make a statement on the matter. [37612/21]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including recruitment of new members. As Minister for Justice, I have no direct role in these matters.
I am informed by the Garda authorities that the table below sets out the estimated payroll cost of recruiting 1,000 Garda in each of the years 2022 to 2024.
|
- |
2022 (1,000) |
2023 (2,000) |
2024 (3,000) |
|
|
€m |
€m |
€m |
|
2022 intake (1,000 trainees) |
23.98 |
48.58 |
51.62 |
|
2023 Intake (1,000 trainees) |
|
24.06 |
48.58 |
|
2024 Intake (1,000 trainees) |
|
|
24.06 |
|
Estimated Payroll Costs |
23.98 |
72.64 |
124.26 |
The above figures are based on a Garda recruit entering training for 32 weeks before been attested and includes:
- €6.65 million for the first 32 weeks each year where new recruits undergo training during which time they receive basic allowances.
- The remaining costs are paid on completion of the 32 weeks training. This includes Garda members moving to the first point of the pay scale when attested and an estimation of allowances that the members may qualify for depending on their assignments and employer’s PRSI. The workings assume that each member moves to Point 2 of the pay scale one year post attestation and point 3 of the pay scale two years post attestation.
Non-pay costs are not included in the estimated figures.
The calculation is an estimate only as it must take account of several unknowns, including the actual date of recruitment and locations of any new Garda.
The estimate covers the period of training and subsequent years of employment to the end of 2024.
The estimate is based on current work schedules and pay scales, with the impact of scheduled pay rises in October 2021 and October 2022 taken into consideration.
It is important to note that the annual payroll costs would continue to increase as the members move up the Garda pay scale each year.
It should also be noted that the estimated figures do not take account of potential overtime costs in excess of estimated briefing time payments.
562. Deputy Michael Fitzmaurice asked the Minister for Justice if funding will be provided for the purchase of high-powered jet skis for the Garda water unit; and if she will make a statement on the matter. [37613/21]
View answerThe Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. The allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am advised by the Garda authorities that the Garda Water Unit Operational Support Services is based at Santry Garda Station, Dublin Metropolitan Region, and Garycastle, Athlone, Co. Westmeath, and is under the remit of Assistant Commissioner, Organised and Serious Crime.
I am further advised that the Garda Water Unit have currently no plans for the provision of jet skis as part of Garda Water Unit operational deployments. The provision and allocation of all Garda Water Unit resources including two patrol boats and four rigid inflatable boats is under constant review, and applications for new resources are made in line with European marine policing best practices and the Garda Síochána procurement guidelines.
563. Deputy Michael Fitzmaurice asked the Minister for Justice the number of quad bikes, all-terrain vehicles, scramblers and similar types of vehicles seized by gardaí in each Garda division in 2020 and to date in 2021, in tabular form; and if she will make a statement on the matter. [37614/21]
View answerI can inform the Deputy that the Government is strongly committed to tackling the issue of misuse of scramblers and similar vehicles. My Department's Justice Plan 2021 commits to developing community-based responses in cooperation with stakeholders that provide positive alternatives for young people interested in scramblers and quad bikes. These will be supported by the network of Garda Youth Diversion Projects, local authorities and other agencies as appropriate.
As the Deputy may be aware, my colleague the Minister for Transport, who has responsibility for road traffic legislation, is bringing forward legislative proposals to increase Garda powers in this area, including in relation to the seizure of vehicles.
I am advised by An Garda Síochána that a search of the PULSE database was conducted on 9 July 2021 to identify all vehicles of type “scrambler” or “quad” seized by Gardaí nationwide in association with incidents of any type during the period from 1 January 2020 to 8 July 2021. I am further advised that due to the low figures for these seizures, it is only possible to give a breakdown by Garda region, rather than Garda Division.
The count of unique vehicles seized within each Garda Region across the entire period is as follows:
|
Region |
Total |
|
Dublin Region |
37 |
|
Eastern Region |
32 |
|
North Western Region |
13 |
|
Southern Region |
18 |
|
TOTAL |
100 |
Note: These figures were collated based on PULSE data as of 9 July 2021. They are operational and may be liable to change
564. Deputy Éamon Ó Cuív asked the Minister for Justice if she has considered the report by an organisation (details supplied) relating to easements issued in May 2021; if she is considering on foot of this report extending section 38 of the Civil Law (Miscellaneous Provisions) Act 2011 for another six years to enable the Law Reform Commission review the whole area of easements and their registration in view of the day to day experience since the commencement of the 2009 Act; and if she will make a statement on the matter. [37646/21]
View answerThe Land and Conveyancing Law Reform Act 2009 provides for fundamental reform and modernisation of land law and conveyancing law and aims to simplify the law and the conveyancing process.
As the Deputy will be aware, this Act contains statutory provisions concerning the registration of easements. Part 8 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission.
The Civil Law (Miscellaneous Provisions) Act 2011 also contains some amendments to this Act in this area. Rights of way can be created either through grant by deed between the owner of the subject land and the owner of the land intended to benefit from the right, or alternatively a right of way can be shown to have been acquired by prescription, which is the acquisition of such rights by the user as of right over a substantial period of time.
My Department has received correspondence on this issue from a number of stakeholders including the detailed submission the Deputy has highlighted. My officials have discussed this issue with key stakeholders and are engaged in reviewing the points raised.
