Written Answers Nos. 871-890
871. Deputy Catherine Murphy asked the Minister for Justice if she has established a working group in respect of the use of cryptocurrencies by organised crime entities and or gangs to conceal wealth gained from criminality; and if she has had any engagements with An Garda Síochána in respect of same. [41551/21]
View answerI can inform the Deputy that the regulation of virtual assets and cryptocurrencies are matters appropriate to my colleague the Minister for Finance.
I am informed by An Garda Síochána that personnel attached to the Garda National Cyber Crime Bureau have received specialist training in the analysis and tracing of cryptocurrencies transactions. The Bureau continues to enhance capabilities in the area of blockchain analysis to assist cybercrime investigations. An Garda Síochána also liaise closely with their law enforcement partners, including Europol and Interpol, in respect of cryptocurrency-related investigations.
872. Deputy Bernard J. Durkan asked the Minister for Justice the current and or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [41554/21]
View answerThe application for a certificate of naturalisation in respect of the person referred to by the Deputy has recently been approved.
This has been communicated to the applicant and upon receipt of the prescribed fee and requested documentation the case will be further processed. Subject to all documents being in order, a certificate of naturalisation will then issue.
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.
873. Deputy Fergus O'Dowd asked the Minister for Justice the current policy regarding the employment of persons with disabilities in her Department and in each State and semi-State body under the aegis of her Department; the disability quota of her Department at present; if there is an active campaign to increase the disability workforce from the current target of 3% to a minimum of 6% by 2024; if this quota has now been exceeded; if so, the details of same; if there has been an advertised competition in relation to the quota; and if she will make a statement on the matter. [41598/21]
View answerMy Department and the bodies, agencies and offices under the aegis of my Department, with the exception of An Garda Síochána, follow the Civil Service Code of Practice on the employment of people with disabilities and also adhere strictly to Equality legislation including the Disability Act 2005 and Employment Equality Acts 1998-2015. As the Deputy may be aware, Part 5 of the Disability Act 2005 which relates to Public Service Employment does not apply to An Garda Síochána.
The Deputy may wish to note that An Garda Síochána, as per their Equality, Diversity and Inclusion Strategy Statement & Action Plan 2020-2021 are committed to developing a Code of Practice for the employment of people with disabilities to support better employment outcomes for people with disabilities in An Garda Síochána.
An Equality Policy is in place in my Department, and we are currently in the process of developing an Equality, Diversity and Inclusion (EDI) strategy.
Part 5 of the Disability Act 2005 provides for a statutory report on the employment of people with disabilities in the public sector, which is submitted to the National Disability Authority (NDA). This report is compiled by the Department of Public Expenditure and Reform, using information provided by all public bodies staffed by civil servants, and gives details of the number of people with a disability employed in the Civil Service. The 2020 report indicated that 138 out of 2,729 Department of Justice employees, or 5.1%, reported having a disability. This exceeds the current 3% target of employment of persons with disabilities set in the Disability Act 2005.
As my Department relies on the Public Appointments Service to assign the majority of its staff, the Department is limited in its ability to increase the percentage of staff who have a disability. However, the Department is delighted to take part in the Willing Able Mentoring (WAM) programme every year. WAM is an initiative of the Association for Higher Education Access and Disability (AHEAD), which offers a paid mentored work experience placement to graduates with disabilities. So far this year, two graduates with disabilities have undertaken WAM placements in the Department. In addition, a previous WAM participant now occupies a permanent role in the Department, having been successful in a PAS competition and subsequently promoted in an internal competition.
Candidates who have disabilities are provided with the necessary additional accommodations and supports at every stage of the recruitment process, including at shortlisting and interview. Candidates are invited to indicate any accessibility supports they may need as part of the communication surrounding a recruitment competition.
874. Deputy Pádraig O'Sullivan asked the Minister for Justice if consideration has been given to introducing a digital nomad visa in Ireland as has been introduced in other EU countries; and if she will make a statement on the matter. [41618/21]
View answerThe Department of Enterprise, Trade and Employment (DETE) has responsibility for labour market policy in the State.
In order to access the labour market in Ireland, a non-EEA national, unless they are exempted, must hold a valid Employment Permit, issued by DETE. This is the case for both visa required and non-visa required nationals. Where the person is visa required, they must apply for an employment visa from my Department before travelling to the State.
All immigration matters are kept under review. However, I can inform the Deputy that there are currently no plans to establish an additional visa along the lines suggested.
875. Deputy Michael Fitzmaurice asked the Minister for Justice when a decision will be made on an application by a person (details supplied) for a certificate of naturalisation as they are now four years waiting on an outcome of their application; and if she will make a statement on the matter. [41628/21]
View answerThe application from the person referred to by the Deputy 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.
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.
The applicant can contact the Citizenship Division of my Department at citizenshipinfo@justice.ie for up to date information on their application.
876. Deputy Martin Browne asked the Minister for Justice the number of peace commissioners appointment in County Tipperary in 2020-2021, by local electoral area; and the total number of applications in the same period. [41683/21]
View answerThe Deputy will wish to note that from the beginning of 2020 to the end of August 2021, 8 Peace Commissioners were appointed in County Tipperary.
In the same period, a total of 14 applications for Peace Commissioner were received for County Tipperary.
As I informed the Deputy in my reply to Parliamentary Question number 373 on 13 May 2021, it is not possible to provide the information sought by electoral area, as the information is recorded by Garda Sub-District.
877. Deputy Catherine Murphy asked the Minister for Justice when a new appointment scheduling system for the Irish Naturalisation and Immigration Service can be expected; the amount spent to date on safeguarding the INIS website against third party agents; and if she will make a statement on the matter. [41685/21]
View answer878. Deputy Catherine Murphy asked the Minister for Justice the number of Irish naturalisation and immigration service appointments estimated to have been affected by the block booking of appointments by third party agents; the number of complaints received on this matter to date; and if she will make a statement on the matter. [41686/21]
View answerI propose to take Questions Nos. 877 and 878 together.
My Department is aware that there have been issues in the past around the securing of registration appointments and a set of software fixes were introduced in late 2018, designed to prevent such abuses of the system. The new measures have been successful to date in preventing the block booking of appointments by third party agents.
However, some third party agents continue to provide appointment booking services in return for payment on the basis that the person provides them with their personal details in advance. My Department strongly advises against this practice of providing sensitive and personal data to unregulated and unknown third parties.
Customers should continue to apply directly for appointments as they become available without charge, through the online appointments system: burghquayregistrationoffice.inis.gov.ie.
I can assure the Deputy that my Department is continually working to establish methods to mitigate against this unregulated practice. A tender has recently been awarded for a new Immigration Service appointment and scheduling system, which will streamline and further improve the registration process. The new system is expected to be in place in the next month or so.
Figures are not maintained by my Department on the number of appointments affected by the booking of appointments by third party agents or on the number of complaints that have been received concerning this matter.
879. Deputy Pa Daly asked the Minister for Justice the efforts undertaken to ameliorate the issue of electronic bulk booking of slots for INIS appointments; the extent to which the issue has been addressed; and if further efforts are required. [41695/21]
View answerMy Department is aware that there have been issues in the past around the securing of registration appointments and a set of software fixes were introduced in late 2018, designed to prevent such abuses of the system. The new measures have been successful to date in preventing the block booking of appointments by third party agents.
However, some third party agents continue to provide appointment booking services in return for payment on the basis that the person provides them with their personal details in advance. My Department strongly advises against this practice of providing sensitive and personal data to unregulated and unknown third parties.
Customers should continue to apply directly for appointments as they become available without charge through the online system at: burghquayregistrationoffice.inis.gov.ie.
A tender has also recently been awarded for a new Immigration Service appointment and scheduling system which will streamline and further improve the registration process. The new system is expected to be in place in the next month or so.
880. Deputy Pa Daly asked the Minister for Justice the details of the prison inspection reports she currently has possession of; and when she plans to publish them. [41696/21]
View answerAs the Deputy may be aware, on 3 August this year, I published the COVID - 19 Thematic Inspection reports from the Inspector of Prisons in relation to Mountjoy, Cloverhill, Wheatfield and Limerick Prisons, being the first four such reports received.
I have also received Covid -19 Thematic Reports relating to Shelton Abbey, Portlaoise, Cork and Arbour Hill prisons (the latter two received on 3 September). I intend to bring all four reports to Government in the coming weeks and to publish them shortly thereafter.
The Deputy may also wish to note that a separate report by the Inspector into a visit to the Dóchas Centre was submitted to my Department in August of 2020. Publication of this report is held for further consideration pending the completion by the Inspector of a report being carried out under section 31 (2) of the Prisons Act 2007 in relation to matters concerning the Dóchas centre.
881. Deputy Pa Daly asked the Minister for Justice her plans to reform the laws related to defamation. [41697/21]
View answer931. Deputy Dara Calleary asked the Minister for Justice the specific actions have been taken by her Department since the formation of this Government to reform the defamation laws; and her future plans in relation to same. [42689/21]
View answerI propose to take Questions Nos. 881 and 931 together.
The review of the Defamation Act 2009 is a legislative priority for the Government and my Department.
The Justice Plan 2021 restates the Programme for Government commitment to review and reform our defamation laws to ensure a balanced approach to the right to freedom of expression and the right to protection of good name and reputation, as well as ensuring effective access to justice.
I expect to bring a report of the defamation review, with options for change to the law, to government. As outlined in the Justice Plan 2021, it is intended that a General Scheme of a Defamation (Amendment) Bill will be prepared by the end of this year.
As a measure of the Government's commitment to this reform, the Defamation (Amendment) Bill, to implement the resulting legislative changes, is already included in the Government’s updated Legislation Programme, which was published in January 2021.
It is a priority for me and my Department to get the reform of defamation law right, and to bring forward the required legislation at the earliest opportunity.
In advance of completion of the review of the Defamation Act 2009, Schedule 1 of the 2009 Act was amended by the Part 20 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020.
The purpose of the amendments was to ensure that post-Brexit, fair and accurate reporting of certain statements, meetings and press conferences held in the UK continue to be protected against claims of defamation, by the defence of qualified privilege, in exactly the same manner as it was prior to Brexit. The need for the amendments arose because several provisions in the 2009 Act, as enacted, regarding the ‘qualified privilege’ defence, applied to reports of statements, meetings, etc. which occur in an EU Member State. The amendments simply amended these provisions to refer to reports of matters occurring in a Member State or the United Kingdom. The amendments responded to concerns expressed by the media in relation to the effects of Brexit on the defence of qualified privilege.
882. Deputy Bernard J. Durkan asked the Minister for Justice the current or expected residency status in the case of persons (details supplied); and if she will make a statement on the matter. [41719/21]
View answerApplications for a Permanent Residence Card by the persons referred to by the Deputy were made on 19 November 2018. Following examination, a decision to refuse the applications was made on 13 February 2020.
The applicants were advised that they could request a review of the decision if they felt that the deciding officer had erred in fact or in law and that any request for a review of the decision must be made on Form EU4 within 15 working days. No requests for review were received by my Department.
A review of a decision made under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 is ongoing in respect of one of the applicants referred to by the Deputy. This applicant also currently has Stamp 4 permission, which is valid until 11 March 2022.
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.
883. Deputy Paul Murphy asked the Minister for Justice her plans to bring forward amendments in relation to the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. [41729/21]
View answerThe Government commits in the Programme for Government to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent. As part of this review process, a public consultation on spent convictions was launched in October 2020. My Department is continuing work on identifying and assessing the possible implications of amending the 2016 Act so that the fairest possible outcomes can be achieved for the public.
In that regard, the Deputy may be aware that the Government did not oppose a Private Members Bill – Criminal Justice (Rehabilitative Periods) Bill 2018 - on this subject as it passed Report and Final Stages in the Seanad on 28 June 2021. This Bill proposes to amend and considerably extend the 2016 Act. The Government has noted my intention to bring forward amendments to this Bill in Dáil Éireann and I look forward to doing so later this year.
884. Deputy David Cullinane asked the Minister for Justice the estimated cost to provide an additional staff grade psychologist in a prison. [41774/21]
View answer885. Deputy David Cullinane asked the Minister for Justice the estimated cost to provide at least one staff grade psychologist in every prison. [41775/21]
View answer886. Deputy David Cullinane asked the Minister for Justice the estimated cost to run recruitment campaigns to fill all existing psychologist vacancies in prisons. [41776/21]
View answerI propose to take Questions Nos. 884 to 886, inclusive, together.
As the Deputy will be aware, the role of the Psychology Service in the Irish Prison Service is to deliver, develop and manage an integrated (mental health and criminogenic need) assessment and treatment service for people in custody. This is done in line with service plans and objectives and within established professional standards, guidelines and policy. I am informed that the Irish Prison Service employs a number of Psychologist grades, including;
- Head of Psychological Services,
- Principal Psychologist Manager,
- Senior Psychologists (Grade I),
- Staff Grade Psychologists (Grade II) and
- Assistant Psychologists.
Assistant Psychologists are an unqualified grade, employed on a one year fixed term contract basis only and are not included in client to Psychologist ratios.
The information sought by the Deputy in respect of the estimated cost of providing an additional Staff Grade Psychologist to a prison is provided in Table 1 -
Table 1 - Payscale of Staff Grade Psychologist appointed after 6 April 1995
Payscales as at 1 October 2020
The estimated cost of providing at least one Staff Grade Psychologist in every prison is provided in Table 2 -
Table 2- Cost of providing at least one Staff Grade Psychologist in each prison (12 in total)
The figures provided are per annum and are based on the incremental payscale provided in Table 1.
The estimated cost to administer recruitment campaigns to fill Psychologist vacancies varies from campaign to campaign, influenced by factors such as grade of vacancy, advertising cost and interview related expenses.
887. Deputy Réada Cronin asked the Minister for Justice if she will commit to a review of the operation of the section 47 assessment system in contentious custody and access cases (details supplied); and if she will make a statement on the matter. [41792/21]
View answerSection 47 of the Family Law Act 1995 provides that the Circuit Court or High Court may order a report in writing on any question affecting the welfare of a party to family law proceedings or any other person to whom they relate.
Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. Section 32(1) of the 1964 Act provides that in such proceedings, the court may do either or both of the following:
(a) give directions for the purpose of procuring a written report from an expert on any question affecting the welfare of the child; or
(b) appoint an expert to determine and convey the child’s views.
Assessors and experts in family law proceedings are formally appointed by the court itself, and answer to the presiding judge in a specific case.
As the Deputy is aware, the Courts are, subject only to the Constitution and the law, independent in the exercise of their statutory functions and the conduct of any family law case is a matter for the presiding judge.
The forthcoming Family Court Bill will provide for a dedicated Family Court structure, as set out in the Programme for Government.
This significant piece of legislation will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system. My Department has also established a Family Justice Oversight Group to agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the Family Court Bill.
888. Deputy Jim O'Callaghan asked the Minister for Justice when the statutory inquiry into the death of a person (details supplied) will commence. [41717/21]
View answer905. Deputy Ruairí Ó Murchú asked the Minister for Justice when the final report by person (details supplied) in respect to the circumstances surrounding the death of a person will be finalised; and if she plans to publish the report in full. [42284/21]
View answerI propose to take Questions Nos. 888 and 905 together.
I wish to assure the Deputy that I recognise the ongoing pain of the O'Farrell family on the tragic death of Shane and deeply sympathise with them on their loss.
As the Deputy will be aware, a highly respected retired Judge, Gerard Haughton, has been conducting a scoping exercise into the tragic circumstances surrounding Shane O'Farrell's death.
The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and if so to advise on the form of such investigation or inquiry and its terms of reference.
Judge Haughton furnished an interim report to the then Minister for Justice in November 2019. In his interim report, the Judge stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise.
As the Deputy will appreciate, the Judge is completely independent in conducting this scoping exercise. It is not open to me as Minister to comment on any aspect of the Judge's work or the process of compiling the final report. My Department maintains regular contact with the Judge and has assured him that any assistance he requires to complete his final report will be made available.
While I genuinely regret that this process has taken significantly longer than any of us would like, I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible. I understand that Judge Haughton has been in contact with the O’Farrell family throughout his scoping exercise.
Judge Haughton recently wrote to my Department seeking comments on one specific section of the draft report. The Department further understands that Judge Haughton has been in touch with the O'Farrell family regarding this matter. Following receipt of responses from all relevant parties, it is understood that Judge Haughton will be in a position to finalise his report. My Department will continue to provide all necessary assistance to the Judge, and I look forward to receiving his final report in due course.
Following receipt of the final report, the advice of the Attorney General will be sought on publication and any other issues arising.
889. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a case pursuant to section 3 of the Immigration Act 1999 (as amended) in the case of persons (details supplied); and if she will make a statement on the matter. [41862/21]
View answerIn response to separate notifications pursuant to the provisions of section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations to my Department. These representations, together with all other information and documentation on file, will be fully considered, under section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of final decisions being made.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
890. Deputy Brendan Griffin asked the Minister for Justice when the findings of a review of the opening of a direct provision centre (details supplied) will be published; and if she will make a statement on the matter. [41896/21]
View answer893. Deputy Pa Daly asked the Minister for Justice the status of her review into a direct provision centre (details supplied); its completion status before IPAS functions were transferred to the Minister for Children; and if the finalised report has been received by her. [41931/21]
View answer894. Deputy Pa Daly asked the Minister for Justice the status of the review into a direct provision centre (details supplied); the completion status before IPAS functions were transferred; and if the finalised report has been received by her. [41932/21]
View answerI propose to take Questions Nos. 890, 893 and 894 together.
Unfortunately, it has not been possible to provide the information requested by the Deputy in the time available. I will write to the Deputy directly once the information is to hand.
