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Tuesday, 27 Jul 2021

Written Answers Nos. 1374-1393

Residency Permits

Questions (1374)

Bernard Durkan

Question:

1374. Deputy Bernard J. Durkan asked the Minister for Justice the residency status in the case of a person (details supplied); and if she will make a statement on the matter. [40197/21]

View answer

Written answers

The person referred to by the Deputy lodged a review application in respect of the decision made on their EU Treaty Rights application on 2 August 2017.  This application was examined in detail and a decision was made to refuse their application on 1 March 2021. The reasons for the refusal are outlined in the refusal letter.

My Department will be in further contact with this person in due course.

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.  

Naturalisation Applications

Questions (1375)

Bernard Durkan

Question:

1375. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [40198/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 2 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.

 

An Garda Síochána

Questions (1376)

Neale Richmond

Question:

1376. Deputy Neale Richmond asked the Minister for Justice the number of gardaí who joined and left An Garda Síochána in each of the years 2015 to 2020 and to date in 2021; and if she will make a statement on the matter. [40201/21]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the recruitment and training of Garda members and staff. As Minister, I play no role in these independent functions.

I am advised by the Garda authorities that the following tables lay out the number of newly attested Garda members since recruitment and training recommenced in the Garda College, Templemore, from 2015 to July 2021 and the number of Garda members who have departed the force in the same period.

Newly attested Garda members

2015

2016

2017

2018

2019

2020

2021

 Total

296

393

883

789

605

522

148

 3,636

In addition to the newly attested members listed in the table above, the following external candidates were recruited to An Garda Síochána: - 1 Garda Commissioner (2018);

- 1 Deputy Commissioner (2021);

- 1 Assistant Commissioner (2020);

- 5 Superintendents (1 each in the years 2015, 2017, 2018, 2020, 2021); #- 3 Garda members for specific posts in a specialist unit (2 in 2018, 1 in 2019).

As the Deputy will appreciate, the public health restrictions which have been introduced over the past year have impacted on Garda recruitment figures in 2020 and 2021, with the restrictions necessitating the closure of the Garda College for a period over the course of the pandemic.

The Deputy may wish to note, however, that recruitment, which had been paused, has now recommenced in 2021 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 second intake of 74 trainees commenced their training on 19 July. This resumption of 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.

Garda members who have left the force

2015

2016

2017

2018

2019

2020

2021

 Total

483

529

378

374

414

371

233

 2,782

Garda members who have departed includes all members who have ceased service, including voluntary/involuntary retirement, cost neutral retirement, resignation, dismissal, medical discharge and deaths in service.   

All figures are operational and subject to change. I would note that the figures for newly attested members do not include intakes currently training in the Garda College (2 intakes in May and July 2021), as these recruits are not yet attested.

The following revised reply was received on 22 October 2021.

An Garda Síochána has subsequently informed my Department that the information provided was regrettably incorrect. The figures that were provided included Garda reserve member departures when all that was required was Garda member departure numbers. As such, the figures initially provided overstated the numbers of Garda members who left An Garda Síochána during the period.

I am advised by the Garda authorities that the table included below sets out the correct statistics.

The Garda data below provides greater detail of departure reasons.

2015

2016

2017

2018

2019

2020

2021

Total

Total who have left the force

483

529

378

374

414

371

233

2,782

Total Garda members

285

263

282

312

334

339

211

2026

Total Garda Reserve members

198

266

96

62

80

32

22

756

Departure reason

2015

2016

2017

2018

2019

2020

2021

Compulsory Retirement

15

23 (3)

53

43 (3)

64 (5)

36 (2)

41 (1)

Cost Neutral Retirement

2

1

1

3

2

3

1

Death

12

4

8

9

16

7

6

Dismissal

2 (1)

1 (1)

2 (1)

2

13 (2)

3

Dismissal CNER

1

Dismissal on Probation

2 (2)

3 (3)

Medical Discharge

9

7

7

6

11

9

5

Resignation Disciplinary

1 (1)

Resignation (Ordinary)

214 (194)

283 (259)

135 (95)

136 (59)

145 (73)

99 (29)

65 (21)

Resignation in lieu of dismissal

1

1 (1)

3

Voluntary Retirement

226

207

172

175

161

213

112

Total departures in year

483 (198)

529 (266)

378 (96)

374 (62)

414 (80)

371 (32)

233 (22)

Note: Departure numbers advised above include the Garda Reserve numbers in brackets

Garda departures excluding Reserves

285

263

282

312

334

339

211

An Garda Síochána

Questions (1377)

Neale Richmond

Question:

1377. Deputy Neale Richmond asked the Minister for Justice the number of civilian staff who worked for An Garda Síochána in each of the years 2015 to 2020 and to date in 2021; and if she will make a statement on the matter. [40202/21]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 for the recruitment and training of Garda members and staff. As Minister, I play no role in these independent functions.

For the Deputy's information, my Department publishes monthly updated figures on the Garda workforce, including Garda civilian staff levels, on the Department of Justice website at the following link: http://www.justice.ie/en/jelr/pages/an_garda_siochana_facts_and_figures

To be of assistance, I am advised that the following table provides the total Garda civilian staff numbers for the years requested. The figures have been rounded to take account of working arrangements such as Shorter Working Year and Job Share schemes.

Year

2015

2016

2017

2018

2019

2020

2021*

Total

2007

1999

2192

2430

2945

3112

3134

*Figures as at 30 June 2021, latest date for when information is available.

Court Procedures

Questions (1378)

Seán Canney

Question:

1378. Deputy Seán Canney asked the Minister for Justice when she plans to introduce the recommendation of the O’Malley report to address the fact that in the case of sexual assault the victim’s counselling records may be used by the defence in any court proceedings; and if she will make a statement on the matter. [40204/21]

View answer

Written answers

Protecting and supporting victims of sexual violence is a key priority for me and my Department. I am keenly aware of the devastating physical and emotional consequences such crimes have on victims.

The O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences arose out of concern about low reporting levels for rape and other sexual assaults and about how victims are treated within the reporting, investigation and trial processes.

The issue of the disclosure of counselling records was addressed as part of the O'Malley review. The review recognises the complex legal challenge of striking an appropriate balance between ensuring an accused person’s right to a fair trial and the victim’s right to personal privacy in respect of counselling records. 

The O'Malley review notes that this issue has been addressed in Ireland by Section 39 of the Criminal Law (Sexual Offences) Act 2017, which inserted a new section, 19A into the Criminal Evidence Act 1992. This new section which entered into force on 30 May 2018,  permits an accused person (or, in certain circumstances, the prosecutor) to make an application to the trial court for the disclosure of counselling records and it sets out the criteria according to which the court should reach a decision on the matter. The O’Malley review recommends that the existence of this legislation be brought to the attention of victims and any persons advising them so that victims are aware of their right to object to the disclosure of counselling records.

Recommendation 5.6 of Supporting a Victim's Journey, which is a detailed roadmap for giving effect to the O'Malley recommendations, states that 'it is important that victims should be aware of their right to object to the disclosure of counselling records and this will be brought to the attention of victims and any persons who are advising them by the DPP (including via NGOs)  An Garda Síochána and the Legal Aid Board. I am assured that the relevant statutory agencies are complying fully with this recommendation.

There are two more relevant actions contained in Supporting a Victims Journey, namely recommendations 5.7 and 5.8. Giving effect to these recommendations will require changes to existing legislation as do a number of other recommendations. 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. It will also 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.

International Protection

Questions (1379)

Marian Harkin

Question:

1379. Deputy Marian Harkin asked the Minister for Justice the plans that are in place to address the delays in the international protection process; and if she will make a statement on the matter. [40240/21]

View answer

Written answers

My Department is committed to implementing the key recommendations in the Expert Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months respectively, as outlined in the White Paper to End Direct Provision and Establish a New International Protection Support Service. 

A Programme Board has been established in my Department to oversee the implementation of the relevant recommendations and is supported by an Implementation Working Group. My Department will also be represented on a Programme Board being established by my colleague, Minister O'Gorman, which will set performance indicators for the new model and monitor progress against those indicators.  

The White Paper proposes that the new system should be phased in and operational by 2024 and that the intervening period should provide an opportunity to progress improvements in the overall processing times for international protection. 

Work is under way in my Department towards identifying mechanisms which will assist with this. For example, additional ICT resources have been secured for this year, and detailed practical work, including the end-to-end review of relevant international protection processes by a multi-disciplinary team from within my Department, has now been completed. A detailed set of actions on foot of the review is being devised for consideration by the Programme Board, which is expected to report to me shortly on progress.   

My Department's main focus now is to get its processing system functioning as effectively and efficiently as possible, while adhering to all measures in place to combat the spread of COVID-19.   

A number of initiatives have already been introduced, including the relocation of the Ministerial Decisions Unit to the IPO premises to improve work processes; the designation of the International Protection Appeals Tribunal as a body authorised to hold remote hearings; and the holding of virtual interviews with some applicants living outside of Dublin by the IPO, which resumed on 10 May. 

The IPO has also put in place a range of measures to improve efficiencies across a number of work streams, such as improved processes, implementation of non-cooperation measures, and initiatives to speed up the return of completed questionnaires from applicants. A new, shorter and more user-friendly questionnaire is being used since 28 June and the IPO has also agreed a new prioritisation schedule with UNHCR that is effective from 14 June. 

 

International Protection

Questions (1380)

Catherine Connolly

Question:

1380. Deputy Catherine Connolly asked the Minister for Justice the current median processing times for an application for protection to the International Protection Office from the date of application to a decision being made; and if she will make a statement on the matter. [40258/21]

View answer

Written answers

The International Protection Office of my Department has remained open to offer applicants a service, in line with our international obligations to allow those who wish to claim international protection the opportunity to do so. The provision of the facility to allow people claim international protection is considered an essential service at all times, including during the Covid-19 crisis.

Physical attendance in the office has been strictly limited in line with public health guidance. Ensuring the safety of applicants, legal representatives and staff has resulted in additional logistical challenges that have limited the processing of applications and efforts to improve processing times, including the target set to make first instance decisions in the vast majority of cases within 9 months. 

Despite these challenges, 2,276 applications for international protection were processed to completion last year – just under 67% of the total achieved in 2019. 

My Department's main focus now is to get its processing system functioning as effectively and efficiently as possible, while adhering to all measures in place to combat the spread of COVID-19.

My Department is committed to implementing the key recommendations in the Expert Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months, as outlined in the White Paper to End Direct Provision and Establish a New International Protection Support Service. 

Work is under way in my Department towards identifying mechanisms which will assist with this. For example, additional ICT resources have been secured for this year, and detailed practical work, including the end-to-end review of relevant international protection processes by a multi-disciplinary team from within my Department, has now been completed.

The median processing times for applications processed to completion at first instance at the IPO in Q2 2021, are set out in the table below. 

-

Median processing times for applications processed to completion - IPO Quarter 2, 2021

Prioritised cases  

19.5 months  

Non prioritised cases  

27 months  

All cases

26.9 months

Covid-19 Pandemic

Questions (1381)

Catherine Connolly

Question:

1381. Deputy Catherine Connolly asked the Minister for Justice the arrangements for the beneficiaries of family reunification in cases in which family members are arriving from designated states; the person or body with responsibility for providing facilities for family members to quarantine; and if she will make a statement on the matter. [40259/21]

View answer

Written answers

My Department has responsibility for processing family reunification applications under the International Protection Act 2015 and the Policy Document on Non-EEA Family reunification.

Where an applicant is granted permission to enter the State to join their family members, the onus is on them to comply with all public health measures required by law, including mandatory quarantine. 

The Department of Children, Equality, Disability, Integration and Youth has responsibility for family members being reunified under the Irish Refugee Protection Programme (IRPP) Humanitarian Admissions Programme (IHAP). Family members arriving under this Programme during Covid-19 have been able to quarantine in International Protection Accommodation Services (IPAS) quarantine centres at no cost to the refugees or their family members. 

Labour Market

Questions (1382)

Catherine Connolly

Question:

1382. Deputy Catherine Connolly asked the Minister for Justice the number of applications received, granted and refused respectively for labour market access permission for international protection applicants from July 2018 to date in 2021; the number currently in employment; the number of those residing in direct provision; and if she will make a statement on the matter. [40262/21]

View answer

Written answers

As the Deputy is aware, international protection applicants are not required to apply for an employment permit from the Department of Enterprise, Trade and Employment to legally obtain employment. Access is provided under the European Communities (Reception Conditions) Regulations 2018 to 2021. These Regulations transpose the EU (recast) Reception Conditions Directive and came into operation from 30 June 2018. 

The Regulations provide access to both employment and self-employment for any applicant who has not received a first instance decision within 6 months of making their international protection application and provided that they have cooperated with the international protection process. 

Applications are made to the Labour Market Access Unit (LMAU) of my Department. If the application is successful, a labour market access permission is granted, which is valid for 12 months from the date of issue and may be renewed until a final decision is made on the person's international protection application.

Up to and including 21 July 2021, a total of 9,187 applications have been received for a labour market access permission. Of these applications, almost three quarters (6,837) have been granted and 2,149 have been refused, with 201 applications pending. The pending figure includes applications which have not yet reached the 6 months criterion, and those where the return of requested supporting documents is awaited. The majority of cases pending are ultimately granted. Reasons for refusal generally relate to the applicant not yet reaching the 6 month timeframe or where a first instance decision has already been made on the application.   

Of the applications granted a permission, a total of 4,091 have returned their LMA5 form to my Department indicating that they have found employment. Of this number, a total of 2,913 or 72% are residing in Direct Provision accommodation provided by the Department of Children, Equality, Disability, Integration and Youth.  

An Garda Síochána

Questions (1383)

Paul Donnelly

Question:

1383. Deputy Paul Donnelly asked the Minister for Justice if a new tender for the provision of additional Garda public order unit vans will be put out before the end of 2021. [40328/21]

View answer

Written answers

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. 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 there were 29 public order vans attached to the Garda fleet at 23 July 2021, and that there are currently no plans to purchase public order vans.

I am further advised that all Garda vehicles are purchased under contracts tendered by the Office of Government Procurement. A contract is currently in place through the Office of Government Procurement for the purchase of Garda Public Order Unit Vans up to 5 October 2022 with the option of a 12 month extension.

An Garda Síochána

Questions (1384)

Paul Donnelly

Question:

1384. Deputy Paul Donnelly asked the Minister for Justice the number of HGV vehicles in the Garda fleet as of 1 January 2020 and 19 July 2021, in tabular form. [40329/21]

View answer

Written answers

The 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 and his management team, in light of identified operational demands. This includes responsibility for the allocation of HGV vehicles. 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 there were 14 HGV vehicles attached to the Garda fleet at 1 January 2020. This number remains unchanged at 19 July 2021.

 

Proposed Legislation

Questions (1385, 1388)

Martin Kenny

Question:

1385. Deputy Martin Kenny asked the Minister for Justice when the proposed legislation on the restriction of licensing of centre fire semi-automatic rifles will be introduced; and if she will make a statement on the matter. [40353/21]

View answer

Martin Kenny

Question:

1388. Deputy Martin Kenny asked the Minister for Justice if she plans to allow existing licence holders retain their licence for centre fired semi-automatic rifles under the proposed new legislation; and if she will make a statement on the matter. [40356/21]

View answer

Written answers

I propose to take Questions Nos. 1385 and 1388 together.

As you may be aware, in 2015, the then Minister for Justice, Frances Fitzgerald, T.D., announced plans to implement a number of changes to Firearms Licensing, including restrictions on the licensing of any new centre-fire semi-automatic rifles. I am sure the Deputy will agree that these are potentially very dangerous weapons in the wrong hands.

This remains settled policy and it is my intention to legislate to introduce restrictions on the licensing of centre-fire semi-automatic rifles, including the revocation of licenses issued after 18 September 2015, as flagged at the time.

People who have obtained licences since the 2015 announcement have been advised the licences will be revoked when the legislative ban is introduced. Any licence issued after the announcement to introduce a curtailment on the licencing of these firearms will be revoked following the enactment of the legislation.

My Department has also engaged with Registered Firearms Dealers to monitor the number of these firearms imported and to advise the dealers that any firearms brought into the State that do not have a firearms license associated with them dated prior to 18 September 2015 will become unlicensable when the new legislation is introduced. As the Deputy may also be aware, a similar process applied when restrictions were introduced for the licensing of centre-fire handguns.

The proposed legislation referred to by the Deputy forms part of the General Scheme of a Criminal Justice (Miscellaneous Provisions) Bill 2020. The General Scheme for this Bill was approved by Government in September 2020. It was referred to the Justice Committee for Pre – Legislative Scrutiny in January and I await the views of the Committee in due course. It is my intention to progress this General Scheme and to publish the required Bill at an early date, as other priorities in my Department’s legislative programme may allow.

Departmental Data

Questions (1386)

Martin Kenny

Question:

1386. Deputy Martin Kenny asked the Minister for Justice the breakdown of organisations and stakeholders that are on the firearms consultative panel; the number of times the panel has met in each of the years 2017 to 2020 and to date in 2021; and if she will make a statement on the matter. [40354/21]

View answer

Written answers

The re-establishment of the Firearms Consultative Panel (FCP) was part of a package of measures which the then Minister, Frances Fitzgerald, announced in September 2015 to address both immediate and long term issues in relation to firearms licensing.

The FCP is a non-statutory forum comprising various firearms interest groups and certain state bodies which the Department consults with on various matters relating to firearms.

The FCP met once a year in the years 2017 to 2019.

Since 2019 my Department has held meetings where possible with individual member organisations of the FCP upon request, and also engages with member organisations by email or written correspondence as necessary.  

The membership of this panel is made up of the following organisations:

- Sports Coalition

- National Association of Regional Game Councils (NARGC)

- Target Shooting Ireland

- National Rifle Association of Ireland(NRAI)

- Irish Gun Trade Association

- Sport Ireland (formally the Irish Sports Council)

- National Parks & Wildlife Service

- Wild Deer Association of Ireland

- Irish Deer Society

- Irish Clay Pigeon Shooting Association

- Countryside Alliance Ireland

- Irish Farmers' Association

- National Association of Sporting Rifle and Pistol Clubs

- An Garda Síochána

- Gallery Rifle and Pistol Association of Ireland

Proposed Legislation

Questions (1387)

Martin Kenny

Question:

1387. Deputy Martin Kenny asked the Minister for Justice if her Department has a report or briefing available of the key findings from the meetings and consultations with stakeholders in relation to the proposed legislation on licensing of centre fired semi-automatic rifles; and if she will make a statement on the matter. [40355/21]

View answer

Written answers

In September 2013, the Secretary General of the Department proposed the setting up of a Working Group to review firearms licensing. The Commissioner of An Garda Síochána agreed, and a joint Department of Justice/ An Garda Síochána Working Group was established.

The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015. The consultation process gave individuals and groups an opportunity to contribute to the development of firearms policy and legislation and enabled consideration to be given to the future direction of such legislation.

The Oireachtas Committee on Justice, Defence and Equality also sought submissions and held hearings with interested parties in relation to the Working Party report and published an interim report on the matter. The Oireachtas Committee also held two public debates on Wednesday 17 December 2014 and Wednesday 21 January 2015 which are publicly available on the Oireachtas website.

An Garda Síochána also highlighted the findings of the joint Working Group in their 2014 Annual Review of the Operations of the Firearms Acts 1925 to 2009 .

Following the findings of this working group and the public consultation, it was determined that the public safety concerns regarding these rifles justified their prohibition.  I am sure the Deputy will agree that these are potentially very dangerous weapons in the wrong hands. 

On September 18 2015, the then Minister for Justice, Frances Fitzgerald, T.D., announced plans to implement a number of changes to Firearms Licensing, including restrictions on the licensing of any new centre-fire semi-automatic rifles. 

This remains settled policy and it is my intention to legislate to introduce restrictions on the licensing of centre-fire semi-automatic rifles, including the revocation of licenses issued after 18 September 2015, as flagged at the time.

People who have obtained licences since the 2015 announcement have been advised the licences will be revoked when the legislative ban is introduced. Any licence issued after the announcement to introduce a curtailment on the licencing of these firearms will be revoked following the enactment of the legislation. 

My Department has also engaged with Registered Firearms Dealers to monitor the number of these firearms imported and to advise the dealers that any firearms brought into the State that do not have a firearms license associated with them dated prior to 18 September 2015 will become unlicensable when the new legislation is introduced. As the Deputy may also be aware, a similar process applied when restrictions were introduced for the licensing of centre-fire handguns.

The proposed legislation forms part of the General Scheme of a Criminal Justice (Miscellaneous Provisions) Bill 2020.  The General Scheme for this Bill was approved by Government in September 2020. It was referred to the Justice Committee for Pre – Legislative Scrutiny in January and I await the views of the Committee in due course.  It is my intention to progress this General Scheme and to publish the required Bill at an early date, as other priorities in my Department’s legislative programme may allow.  

Question No. 1388 answered with Question No. 1385.

Coroners Service

Questions (1389)

Brendan Griffin

Question:

1389. Deputy Brendan Griffin asked the Minister for Justice the position regarding delays for bereaved families awaiting inquests; if the matter is being addressed; if she will examine each jurisdiction to ensure no obvious exceptionally long delays; and if she will make a statement on the matter. [40437/21]

View answer

Written answers

As the Deputy will be aware, Coroners are independent in the conduct of their functions and neither I nor my Department have any role in the scheduling of inquests by a coroner, or for any subsequent action or decision. 

Most coroners hold inquests in local court houses, and as a result of Covid-19, given public health considerations, inquests have unfortunately been severely curtailed. My Department is aware that the delay in holding inquests is causing distress for families and officials from my Department are liaising with the Courts Service on this matter. The Courts Service works closely with coroners across the country to facilitate inquests and continue to do so while ensuring adherence to Public Health guidelines.

Coroners are continuing to work to schedule inquests in a safe manner. I also understand that some coroners are holding what are referred to as ‘documentary inquests’ or remote inquests, which require very small numbers of attendees, and take place with the agreement of families. Larger inquests, requiring multiple witnesses, are being rescheduled to a later date. 

Furthermore, the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 provided, among other items, for the assignment and appointment of temporary coroners to act simultaneously with other coroners in exceptional circumstances.  

Dublin is the busiest coronial district and specifically in regard to the situation in the Dublin coronial district, a second coroner and two new deputy coroners were appointed in February 2020. 

Additional information is available on the website www.coroners.ie or on the Dublin Coroners website www.dublincoronerscourt.ie t hat may be of assistance.

An Garda Síochána

Questions (1390)

Brendan Griffin

Question:

1390. Deputy Brendan Griffin asked the Minister for Justice the number of Garda personnel and civilian employees in the Kerry Garda division for each of the past five years; the breakdown of Garda numbers in each district within County Kerry; and if she will make a statement on the matter. [40438/21]

View answer

Written answers

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 30 June 2021 there were 351 Gardaí assigned to the Kerry Division and 50 Garda staff, which represents increases of over 17% and 47% respectively since December 2016.

For the Deputy's information, the attached spreadsheet which has been provided to me by the Garda authorities, sets out the number of Gardaí assigned to each District in the Kerry Division at 30 June 2021.

Information in relation to the numbers of Garda members assigned to Kerry Division, from 31 December 2016 up to 31 December 2020, can be found on my Department's website at the following link: www.justice.ie/en/JELR/Pages/Garda_Workforce 

Details in relation to the number of Garda civilian staff assigned to Kerry Division for the same period are also available on my Department's website at the following link: justice.ie/en/JELR/Pages/Garda_Staff

GARDA STATISTICS MONTH ENDING  30 June 2021

Division

District

Station

Garda

Sergeant

Inspector

Superintendent

Chief Superintendent

Assistant Commissioner 

Total

KERRY                    

KILLARNEY              

CAHERCIVEEN              

14

2

16

GLENBEIGH                

1

1

KENMARE                  

10

1

11

KILLARNEY                

57

7

4

1

69

KILLORGLIN               

11

2

13

PORTMAGEE                

1

1

SNEEM                    

1

1

WATERVILLE               

1

1

TOTAL

96

12

4

1

113

LISTOWEL               

BALLYBUNION              

6

1

7

BALLYDUFF                

1

1

BALLYHEIGUE              

1

1

KNOCKNAGOSHALL           

1

1

LISTOWEL                 

33

7

2

42

LIXNAW                   

1

1

TARBERT                  

2

2

TOTAL

45

8

2

55

TRALEE                 

AN DAINGEAN              

9

2

11

ANNASCAUL                

1

1

ARDFERT                  

2

2

BAILE AN FHEIRTÉARAIG    

1

1

CASTLEGREGORY            

1

1

CASTLEISLAND             

34

5

39

CASTLEMAINE              

1

1

FARRANFORE               

2

2

TRALEE                   

95

23

4

2

1

125

TOTAL

146

30

4

2

1

183

KERRY  Total

287

50

10

3

1

351

Courts Service

Questions (1391)

Bríd Smith

Question:

1391. Deputy Bríd Smith asked the Minister for Justice if it will be guaranteed that the promised research on parental alienation and the use of same in the Court system will be carried out in Q3 as part of her Department's Action Plan 2021; and if she will make a statement on the matter. [40477/21]

View answer

Written answers

As the Deputy is aware, to better inform further discussion, my Department has arranged for research on parental alienation to be carried out this year. 

I am pleased to inform the Deputy that, following a tender process, this research is currently underway. The research is examining the international approaches to parental alienation and will help to inform our understanding of the issue, and whether any additional policy or legislative measures are considered appropriate in this area. 

The best interests of the child will of course be paramount in any considerations.

Deportation Orders

Questions (1392)

Niamh Smyth

Question:

1392. Deputy Niamh Smyth asked the Minister for Justice when a decision will be made for persons (details supplied) to remain here with their family; when their deportation order will be lifted; and if she will make a statement on the matter. [40544/21]

View answer

Written answers

The persons referred to by the Deputy are the subjects of Deportation Orders signed on 7 September 2018.

Representations were subsequently received on their behalf requesting that the Deportation Orders be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). Following detailed consideration of the information submitted in support of the request, the Deportation Orders were affirmed. The circumstances presented by the family in this case were fully considered both in the original decision to make Deportation Orders and in the decision to affirm the Orders. The reasons for these decisions were set out in the correspondence sent from my Department to the family. 

I can assure the Deputy that both my own Department and the Garda National Immigration Bureau (GNIB) are taking a pragmatic approach in relation to the enforcement of Deportation Orders during the current COVID-19 pandemic.  In line with the clear commitments previously given, no Deportation Orders are being enforced during the pandemic, except in cases where an individual may be a threat to national security or whose presence in Ireland would be contrary to the public interest.

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. 

Cybersecurity Policy

Questions (1393)

John Brady

Question:

1393. Deputy John Brady asked the Minister for Justice if any Irish citizens have been targeted by a project (details supplied); if any security issues have been identified in relation to this project in Ireland; and if she will make a statement on the matter. [40566/21]

View answer

Written answers

The Deputy will appreciate that I am not in a position to go into detail regarding security matters.  However, I am aware of media reporting in relation to the matter raised by the Deputy.  

I can inform the Deputy that interception is governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 under which the Minister for Justice may authorise bodies designated under the Act to intercept communications but only for the purposes of investigating serious crime or safeguarding the security of the State, as provided for in the Act, and only subject to a number of strict conditions that are also set out in the Act.

The operation of the Act is overseen independently by a serving Judge of the High Court who is designated by the Government for this purpose and reports to the Taoiseach.  In carrying out his functions, the Designated Judge has, by law, full access to all persons and records he considers relevant and all relevant persons have, by law, a duty to co-operate.

In addition, a serving judge of the Circuit Court acts as the Complaints Referee. She is empowered to receive and investigate complaints from persons who believe that their communications have been intercepted or their communications data accessed. In carrying out her functions, the Referee has, by law, full access to all persons and records she considers relevant to her investigations and all relevant persons have, by law, a duty to co-operate with her.

 

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