Written Answers Nos. 716-733
716. Deputy Marc MacSharry asked the Minister for Justice the plans to introduce ethical guidelines for judges to address conflicts of interest, such that all parties appearing in a case before judges are advised of any conflicts or potential conflicts of interest; and if she will provide an update on the work of the Judicial Council in this area, having regard to the July 2021 update on the Judicial Council’s website on this matter. [52112/21]
View answerAs the Deputy is aware, the position is that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.
Judicial conduct and ethical guidelines are the responsibility of the Judicial Council. As per Section 6 of the Judicial Council Act 2019, the Judicial Council is, subject to the provisions of the Act, independent in the exercise of its functions. Neither I nor my Department has any role in relation to the operation of the Council or its Committees.
One of the main pillars of the Judicial Council's remit is to promote high standards of conduct and I understand that the 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. The guidelines will deal with admissibility of judicial complaints, informal resolution of complaints and codes for conduct and ethics.
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 (i.e. by 28 June 2022 at the latest). 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.
Panels of Inquiry (including lay membership) will conduct investigations of complaints referred by the Judicial Conduct Committee. This will allow for complaints about allegations of misconduct by serving judges.
717. Deputy Neale Richmond asked the Minister for Justice when the next Garda recruitment drive is due to take place; and if she will make a statement on the matter. [52125/21]
View answerThe Deputy will be aware that the Garda Commissioner is responsible, under the Garda Síochána Act 2005 (as amended), for the deployment of An Garda Síochána throughout the State and for the management and administration of Garda business, including the recruitment and training of Garda members and staff. As Minister, I have no direct role in these matters.
As the Deputy may be aware, COVID-19 restrictions on the Garda Training College in Templemore constrained recruitment and training for periods over the last 18 months. However, I am glad to confirm that 450 Gardaí will be recruited this year and the funding provided for next year fully supports the sustained recruitment of Garda members and staff.
In particular, the funding announced by the government in Budget 2022 includes provision for the recruitment of 800 new Garda recruits and 400 Garda staff in 2022 - an additional 1,200 personnel. This increase in the number of Garda members and staff will deliver significant growth in operational policing hours nationwide and improved services to the public generally. Redeployment of Gardaí from administrative and support roles will also continue next year, thus allowing highly trained Gardaí to focus on front-line policing duties. The organisation's capacity will be further strengthened by the recruitment of additional Garda staff, including to specialist roles to support the investigation of crime and enhance the management of the organisation.
An Garda Síochána have advised that a recruitment plan for 2022 is currently being developed to manage the recruitment processes for Garda Members and Garda Staff roles. I understand there are a number of successful candidates who will be called from the last competition but a new Garda Trainee competition is also being planned which will be launched before the end of this year or early next year.
718. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice if she has received or sent correspondence to the sentencing guidelines committee of the Judicial Council; and if she will make a statement on the matter. [52175/21]
View answerAs the Deputy is aware, the Sentencing Guidelines Committee is the responsibility of the Judicial Council. As per Section 6 of the Judicial Council Act 2019, the Judicial Council is, subject to the provisions of the Act, independent in the exercise of its functions. Neither I nor my Department has any role in relation to the operation of the Council or its Committees.
I am not aware of any contact between myself or my Department and the Sentencing Guidelines Committee. There is no requirement for the Judicial Council to keep me or my Department appraised of any progress or work undertaken by any Committee under its remit.
719. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 200 of 12 May 2021, the number of drivers summoned to court for failure to pay a fixed charge notice within the statutory payment timeframe for the offence of holding a mobile phone while driving, by District Court in each of the years 2018 to 2020. [52203/21]
View answerI can inform the Deputy that a substantive response to Parliamentary Question No. 200 of 12 May 2021 was issued by my office to the Deputy on 27 July 2021. I have attached a copy of this response for the Deputy's information.
720. Deputy Jennifer Whitmore asked the Minister for Justice further to publication of the Action Plan for Insurance Reform in December 2020 and the areas therein which fall under the remit of her Department, the efforts her Department is carrying out to address rising insurance premiums despite a drop in the value of awards; the list of legislative developments to address this issue; the timescale of each; and if she will make a statement on the matter. [52212/21]
View answerI am very much aware of the difficulties faced by many small businesses and consumers in relation to the cost and availability of insurance. Insurance reform is a key priority for this Government and is reflected in the Programme for Government, the Government’s Action Plan for Insurance Reform launched last December, and in the Justice Plan 2021.
The Action Plan for Insurance Reform sets out 66 actions designed to bring down costs for consumers and business; introduce more competition into the market; prevent fraud and reduce the burden on business, community and voluntary organisations. The Action Plan includes actions to be taken by my Department, the Department of Finance and the Department of Enterprise, Trade and Employment. The implementation of the Action Plan is being overseen by the Sub-Group on Insurance Reform within the Cabinet Committee on Economic Recovery and Investment.
As the Deputy may be aware, the Personal Injuries Guidelines were adopted by the Judicial Council to replace the Book of Quantum. Government then approved amendments to the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003, and the Guidelines came into effect on 24 April, three months ahead of schedule. My Department is tasked with submitting a Report on the impact of the Personal Injuries Guidelines to Government by the end of this year.
The enactment of the Criminal Justice (Perjury and Related Offences) Act 2021 on 21 June this year is a key element of my Department’s work on insurance reform, addressing in particular the issue of exaggerated claims and fraud with the intention of positively contributing to reducing the cost of insurance. The legislation provides a clear definition of perjury and should enable the offence and related offences to be more easily prosecuted in the courts.
My Department has completed a review of the Occupiers’ Liability Act, including the duty of care and notices and waivers. We are currently engaging with the Office of the Attorney General on progressing the review’s recommendations. It is my intention that final proposals on this matter will be brought to Government for its approval as part of a General Scheme of a Bill in due course.
Justice Plan 2021 also contains a commitment to carry out a detailed economic and legal evaluation of measures to reduce litigation costs. Following a robust tendering process, my Department is finalising a contract with the preferred bidder to take on this project. Based on the outcomes, we will propose reforms we believe are most suitable for the Irish legal system.
My Department has examined changes to reduce insurance fraud, including penalties for insurance fraud, in consultation with relevant agencies. A number of measures are being taken to improve reporting of insurance fraud cases to An Garda Síochána’s Insurance Fraud Coordination Office are being advanced in Q4 2021. The Insurance Fraud Coordination Office is an important first step in bringing a level of consistency to the criterion being applied across the board when it comes to the recording, collation, referrals for investigation and the investigations themselves relating to insurance fraud. The report concluded that no further legislative penalties are required at this time, however this matter will be kept under review.
721. Deputy Patrick Costello asked the Minister for Justice the way the additional funding announced in Budget 2022 to allow the Irish Prison Service to recruit more psychologists and specialist mental health nurses will be allocated; and the projected timeline for implementation. [52222/21]
View answerIn order to address the urgent health care needs with the Prison system, Budget 2022 has committed to the provision of over €2 million in additional funding for these services.
This includes just over €1 million for psychologists and specialist mental health nurses in prisons who can work with prisoners to address mental health issues for all categories of offender.
Decisions regarding placement of these additional psychologists are currently being considered and will be based on the mental health needs and overall psychologist-to-prisoner ratio across the estate. To this end, it is intended to recruit additional psychologists throughout 2022.
The Irish Prison Service continues to work to enhance and improve its level of medical service delivery to prisoners. The Service has embarked on a comprehensive Health Needs Assessment (HNA) to examine the broad range of health care services that are provided across the entire prison estate. This includes the provision of mental health services.
The possible recruitment of specialist mental health nurses will be considered in the context of the outcome of the HNA when finalised.
It is also intended to increase the mental health qualifications and skills within the Irish Prison Service nursing workforce through recruitment, training and development. This process will commence during 2022.
722. Deputy Bernard J. Durkan asked the Minister for Justice if an appointment to update residency status can be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [52232/21]
View answerI am pleased to inform the Deputy that the person concerned has been offered a registration appointment. Details of the appointment have been sent to the applicant via registered post. The person concerned should attend as scheduled, and ensure they have all of the required documentation to complete the registration 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, 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.
723. Deputy Darren O'Rourke asked the Minister for Justice the number of traffic offences, collisions and vehicles seized or detained involving e-scooters in 2020 and to date in 2021; and if she will make a statement on the matter. [52242/21]
View answerI have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
724. Deputy Darren O'Rourke asked the Minister for Justice the number of traffic offences, collisions and vehicles seized or detained involving scramblers and quad bikes in 2020 and to date in 2021; and if she will make a statement on the matter. [52243/21]
View answerI have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
|
1 January 2020 – 27 October 2021 |
|
|
No. of road traffic collisions involving a quadbike |
18 |
|
No. of road traffic collisions involving a scrambler |
24 |
|
No. of incidents where a quadbike was seized or detained |
118 |
|
No. of incidents where a scrambler was seized or detained |
230 |
|
No. of traffic offences involving a quadbike |
124 |
|
No. of traffic offences involving a scrambler |
337 |
725. Deputy Richard Boyd Barrett asked the Minister for Justice the steps that can be taken to expedite a stamp 4 permit for a person (details supplied); and if she will make a statement on the matter. [52248/21]
View answerThe person referred to by the Deputy holds a Stamp 1 permission, which is valid until 27 February 2022.
It is open to the person concerned to write to the Domestic Residence and Permissions Unit of the Immigration Service of my Department and request a change of immigration permission to a Stamp 4 if they meet the required criteria.
Detailed information on the criteria for changing immigration permission, including instructions on how to change that permission are available on the Immigration Service website at: www.irishimmigration.ie/registering-your-immigration-permission/changing-your-immigration-permission/.
It may also be open to the person concerned and her prospective employer to make an application to the Department of Enterprise Trade and Employment for an employment permit to cover the new offer of employment.
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.
726. Deputy Jim O'Callaghan asked the Minister for Justice if additional staff will be assigned to the citizenship department for quick processing of citizenship applications in order that the timeframe for the making of such decisions can be improved; and if she will make a statement on the matter. [52255/21]
View answerI am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department has continued to accept and process citizenship applications throughout the pandemic and during all levels of public health restrictions.
However, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has resulted in the processing time for standard applications increasing.
As a result, regrettably, there are just over 22,200 applications currently on hand. These applications are at various stages of processing, ranging from those just received, to those where a decision has been made and are "ceremony ready".
However, my Department is taking a number of steps to speed up the processing of applications.
In January, my Department opened a temporary system to enable these applicants to complete their naturalisation process by signing a statutory declaration of loyalty. Almost 6,200 certificates have been issued so far and a further 1,000 people will receive their certificates in the coming weeks. My Department has prioritised the oldest applications on hand and a significant number of these applicants have received their certificates since the start of the year.
A number of digitisation measures have been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
This year, we are on track to deliver approximately 11,000 decisions, significantly exceeding the levels achieved in the last two years. Additional staff have also been assigned to the citizenship team. Based on these measures, my Department's objective is to achieve an improved timeframe of 6-9 months for decisions on a majority of applications during 2022.
I am also pleased to confirm that, subject to public health guidelines, my Department intends to host an in-person citizenship ceremony on 13 December in Killarney - the first since the pandemic began in March 2020.
727. Deputy Paul Donnelly asked the Minister for Justice the number of Garda controlled CCTV cameras in each location in tabular form. [52260/21]
View answerI have requested the information asked for by the Deputy from the Garda authorities, who have advised that it is not possible to collate the information sought in the timeframe available.
I will revert to the Deputy as soon as this information has been received.
|
No |
List of Sec 38 (3) (a) AGS 2005 Schemes |
Division |
Number of Locations (L) and/or Cameras (C) as recorded on authorisation |
|
|
1 |
Ennis |
Clare |
20 ( L ) |
20 ( C ) |
|
2 |
Anglesea St. |
Cork City |
34 ( L ) |
34 ( C ) |
|
3 |
Holyhill |
Cork City |
1 ( L ) |
4 ( c ) |
|
4 |
Fermoy |
Cork North |
11 ( L ) |
11 ( C ) |
|
5 |
Bandon |
Cork West |
14 ( L ) |
14 ( C ) |
|
6 |
Kinsale |
Cork West |
12 ( L ) |
12 ( C ) |
|
7 |
Bantry |
Cork West |
6 ( L ) |
6 ( C ) |
|
8 |
Schull |
Cork West |
2 ( L ) |
2 ( C ) |
|
9 |
Clonakilty |
Cork West |
20 ( L ) |
20 ( C ) |
|
10 |
Macroom |
Cork West |
5 ( L ) |
5 ( C ) |
|
11 |
Dun Laoghaire |
DMR East |
14 ( L ) |
14 ( C ) |
|
12 |
Store Street |
DMR North Central |
60 ( L ) |
60 ( C ) |
|
13 |
Garda Síochana CCTV DMR SC |
DMR South Central |
34 ( L ) |
34 ( C ) |
|
14 |
Tallaght |
DMR South |
34 ( L ) |
34 ( C ) |
|
15 |
Crumlin |
DMR South |
10 ( L ) |
15 ( C ) |
|
16 |
Finglas |
DMR West |
23 ( L ) |
25 ( C ) |
|
17 |
Clondalkin |
DMR West |
14 ( L ) |
15 ( C ) |
|
18 |
Ballyfermot |
DMR West |
18 ( L ) |
28 ( C ) |
|
19 |
Cabra |
DMR West |
3 ( L ) |
4 ( c ) |
|
20 |
Blanchardstown |
DMR West |
8 ( L ) |
8 ( C ) |
|
21 |
Ronanstown |
DMR West |
12 ( L ) |
12 ( C ) |
|
22 |
Galway Town Centre |
Galway |
18 ( L ) |
18 ( C ) |
|
23 |
Tralee Town Centre |
Kerry |
24 ( L ) |
24 ( C ) |
|
24 |
Killorglin Garda Station |
Kerry |
5 ( L ) |
5 ( C ) |
|
25 |
Carlow |
Kilkenny/Carlow |
14 ( L ) |
16 ( C ) |
|
26 |
Kilkenny |
Kilkenny/Carlow |
15 ( L ) |
17 ( C ) |
|
27 |
Tullamore |
Laois/Offaly |
14 ( L ) |
14 ( C ) |
|
28 |
Portlaoise |
Laois/Offaly |
15 ( L ) |
15 ( C ) |
|
29 |
Henry Street |
Limerick |
31 ( L ) |
31 ( C ) |
|
30 |
Drogheda |
Louth |
13 ( L ) |
13 ( C ) |
|
31 |
Dundalk |
Louth |
11 ( L ) |
11 ( C ) |
|
32 |
Castlebar |
Mayo |
24 ( L ) |
24 ( C ) |
|
33 |
Tourmakeady |
Mayo |
2 ( L ) |
2 ( C ) |
|
34 |
Westport |
Mayo |
20 ( L ) |
20 ( C ) |
|
35 |
Duleek & Donore |
Meath |
6 ( L ) |
14 ( C ) |
|
36 |
Sligo Town |
Sligo |
27 ( L ) |
27 ( C ) |
|
37 |
Clonmel |
Tipperary |
12 ( L ) |
12 ( C ) |
|
38 |
Waterford |
Waterford |
33 ( L ) |
33 ( C ) |
|
39 |
Dungarvan |
Waterford |
10 ( L ) |
10 ( C ) |
|
40 |
Tramore |
Waterford |
9 ( L ) |
9 ( C ) |
|
41 |
Athlone Garda CCTV System |
Westmeath |
26 ( L ) |
26 ( C ) |
|
42 |
Mullingar |
Westmeath |
19 ( L ) |
19 ( C ) |
|
43 |
Bray |
Wicklow |
14 ( L ) |
14 ( C ) |
728. Deputy Christopher O'Sullivan asked the Minister for Justice if statutory powers are in place that remove or restrict access and custody orders made by a court in cases in which a person benefiting from those orders is subsequently charged with serious offences such as false imprisonment, assault and or rape; and if she will make a statement on the matter. [52264/21]
View answer729. Deputy Christopher O'Sullivan asked the Minister for Justice if she plans to bring forward legislation to revoke access and custody orders made by a court in cases in which a person benefiting from those orders is subsequently charged with serious offences such as false imprisonment, assault and or rape; and if she will make a statement on the matter. [52265/21]
View answer730. Deputy Christopher O'Sullivan asked the Minister for Justice if legislation can be enacted to permit a party to family law proceedings to seek the immediate revocation of a custody or access order made by a court in cases in which a person benefiting from such order is subsequently charged with a serious offence such as false imprisonment, rape and or assault; and if she will make a statement on the matter. [52267/21]
View answer731. Deputy Christopher O'Sullivan asked the Minister for Justice the protections that are in place for children in cases in which a parent who has access or custody rights over them is subsequently charged with serious offences such as false imprisonment, rape and or assault; and if she will make a statement on the matter. [52268/21]
View answerI propose to take Questions Nos. 728 to 731, inclusive, together.
The Deputy will be aware that as Minister for Justice, I have no role in the making, variation or discharge of court orders in relation to guardianship, custody and access to children, or the imposition of conditions attaching to such orders. This is a matter for the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.
The Guardianship of Infants Act 1964 sets out the current law relating to custody and access orders in line with Article 42A.4 of the Constitution, which requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration. Very significant modernisation of the law in this area was brought about in 2015 with the enactment of the Children and Family Relationships Act 2015, which amended extensively the 1964 Act. Section 31 of the Guardianship of Infants Act, inserted by the Children and Family Relationships Act 2015, sets out a wide range of factors that the court is required to take into account when making a determination in such proceedings. These factors include, where applicable, any harm which the child has suffered or is at risk of suffering, including harm as a result of household violence, and the protection of the child’s safety and psychological well-being. Section 31 specifies in relation to this particular factor that the court shall have regard to household violence that has occurred or is likely to occur in the household of the child, or a household in which the child has been or is likely to be present, including the impact or likely impact of such violence on:
(a) the safety of the child and other members of the household concerned;
(b) the child’s personal well-being, including the child’s psychological and emotional well-being;
(c) the victim of such violence;
(d) the capacity of the perpetrator of the violence to properly care for the child and the risk, or likely risk, that the perpetrator poses to the child.
Under Section 15 of the Domestic Violence Act 2018, a court dealing with domestic violence proceedings may also make orders under family law legislation without the need for separate proceedings to have been issued. This includes orders relating to access to a child under section 11 of the Guardianship of infants Act 1964. My Department is in the early stages of examining how we can address any policy gaps that may exist where a victim is engaged in parallel civil and criminal (domestic violence) proceedings arising from one incident, and what practical solutions we can offer protect the victim in these circumstances. This is a complex issue, taking into account that the courts involved are independent of each other. It is being discussed within the Family Justice Oversight Group and my Department is also in discussions with a number of NGOs on the matter. It is our intention to take action on this issue in the Third National Strategy on Domestic, Sexual & Gender Based Violence (DSGBV) Services, which is currently being developed with a view to its adoption at the end of the year.
732. Deputy Carol Nolan asked the Minister for Justice if she will address concerns regarding the processing of re-entry visas for children (details supplied) who are holders of an Indian passport; and if she will make a statement on the matter. [52272/21]
View answerI can confirm that an application for a re-entry visa from the person referred to by the Deputy has been processed and my Department has written to them directly to inform them.
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.
733. Deputy Brendan Griffin asked the Minister for Justice if consideration will be given to matters raised in correspondence by a person (details supplied); and if she will make a statement on the matter. [52328/21]
View answer740. Deputy Réada Cronin asked the Minister for Justice if she will meet with a person (details supplied); and if she will make a statement on the matter. [52480/21]
View answer742. Deputy Bríd Smith asked the Minister for Justice if her attention has been drawn to the desperate measures that an asylum seeker in County Cork has been driven to in order to secure leave to remain here; if she has met with this person and or the person's family; the interventions or steps she will take to compassionately grant the person leave to remain; and if she will make a statement on the matter. [52497/21]
View answer755. Deputy Catherine Murphy asked the Minister for Justice if her attention has been drawn to a case (details supplied) in respect of a person seeking international protection; and the steps she has taken to date to protect the person’s safety and well-being. [52699/21]
View answerI propose to take Questions Nos. 733, 740, 742 and 755 together.
For reasons of confidentiality I am unable to comment on any individual immigration or international protection case. However, the health and well-being of all people who apply for international protection is of the highest priority for my Department and to my colleague, Minister O'Gorman's Department, who are responsible for providing accommodation and related supports to anyone in the protection process.
It is important to say that a negative decision on an appeal by the independent International Protection Appeals Tribunal (IPAT) is not the final stage in the international protection process for any applicant. In these circumstances, an applicant will have their Permission to Remain consideration reviewed by the International Protection Office.
This represents a fifth opportunity for the applicant to put forward their case to be allowed to remain in the State, having already been considered for a grant of refugee status, subsidiary protection, permission to remain and the appeal to the IPAT.
Each application for international protection is examined in detail on its individual merits, taking all factors into account. The permission to remain process includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work situation, among other issues.
All appellants who come before the independent Tribunal have their appeals assessed on an individual, objective and impartial basis. This is based on precise and up-to-date information from various sources, such as the UNHCR, as to the general situation prevailing in the country of origin of the appellant concerned, including such information contained in submissions made by them or on their behalf.
The principle of non-refoulement also applies to all decisions made on international protection applications. Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.
