Donnchadh Ó Laoghaire
Question:466. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the number of incidents of drink spiking reported to An Garda Síochána in Cork city and county in the past two months. [55811/21]
View answerAn Garda Síochána
Questions (466)
Written answers
As the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 (as amended) for the management and administration of Garda business, including the investigation of all allegations of criminal activity. As Minister I play no role in these independent functions.
I am advised by the Garda authorities that identifying incidents which involve drink spiking is dependent on the use of keywords in the incident narrative. I am advised by the Garda authorities that a search was carried out on the PULSE system for incidents which include any of the following terms in the narrative: “spike”, “spiking” or “date rape”.
I am advised by the Garda authorities that, as of 10 November 2021, there have been incidents recorded however these number less than 10 incidents of this type (that is “spike”, “spiking” or “date rape”) recorded in Cork City, Cork North and Cork West Garda Divisions, over the last two months.
As the Deputy may be aware, An Garda Síochána Analysis Service does not typically report on details where there are fewer than 10 incidents in a given period, as there is a risk, due to the sensitive nature of the information, that offenders/victims may be identified if the information were to be released.
It is worth noting that figures are operational and liable to change and are based on a reported date using data obtained from PULSE on 10/11/2021. Crime counting rules are not applied.
Spiking a person’s drink or spiking someone by injection are very serious offences. They are, in effect, poisoning and are criminal offences under the Non-Fatal Offences Against the Person Act 1997 that can result in a 3-year prison term.
Any incident of this type of crime including those with evidence to suggest a link with ‘spiking’ will be investigated by either local Gardaí supported by, or attached to, Divisional Proactive Services Units.
The Criminal Law (Sexual Offences) Act 2017 has been widely recognised as a landmark piece of legislation dealing with consent and exploitation in sexual activity. For the first time, it set out in statute what consent actually means - a free and voluntary agreement between people to engage in sexual activity.
The 2017 Act amended the Criminal Law (Rape) Amendment Act 1990, to set out certain circumstances where consent is impossible, such as when a person is asleep or unconscious, or if they are so drunk or intoxicated that they are in no position to consider the activity and make up their mind.
The commitment of this Government to combatting domestic, sexual and gender based violence and to supporting victims is reflected in the funding allocated under Budget 2022, with a total of €13m allocated to the Department of Justice in this area. This represents an increased allocation of €5.35m and will enable the roll out of specific awareness raising and training programmes to combat domestic, sexual and gender based violence. It will also provide additional supports to NGOs and specific domestic violence intervention programmes, and it will support a number of front-line activities.
As the Deputy will be aware, my Department has been running a three-year national awareness campaign to tackle domestic and sexual violence. The ‘No Excuses’ campaign is focused on sexual harassment and sexual violence. The aim of the campaign is to intensify the public’s awareness of sexual violence, to bring about a change in long-established societal behaviours and attitudes and to activate bystanders. You will be interested to note that a national awareness campaign, led by my Department, around the meaning and understanding of consent in the context of sexual relationships will be launched in the new year.
Domestic Violence
Questions (467)
Violet-Anne Wynne
Question:467. Deputy Violet-Anne Wynne asked the Minister for Justice the projected publication date for the third national domestic violence strategy; and if she will make a statement on the matter. [55821/21]
View answerWritten answers
As the Deputy may be aware, my Department is leading the development across Government of the third national strategy on domestic, sexual and gender-based violence, which will place a priority on prevention and reduction and will include a national preventative strategy.
My Department has engaged in an innovative partnership with the sector in leading the development and design of the third national strategy. I see this inclusive process as key to developing a comprehensive workable roadmap.
I expect to receive a complete draft of the new strategy by the end of this year and I will then engage in a focussed public consultation process early in the New Year, before bringing the finalised strategy to Government in Quarter 1 of next year.
Citizenship Applications
Questions (468)
Mairéad Farrell
Question:468. Deputy Mairéad Farrell asked the Minister for Justice the status of children who are born here to non-Irish parents; and if she will make a statement on the matter. [55948/21]
View answerWritten answers
As the Deputy will be aware, following the 2004 referendum, the 27th amendment to the Constitution was inserted as follows:
ARTICLE 9
2 1° Notwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law.
2° This section shall not apply to persons born before the date of the enactment of this section.
This Article enables the Oireachtas to legislate for the terms of entitlement to Irish citizenship for children born in the island of Ireland.
The status of children who are born here to non-Irish parents may vary depending on their individual circumstances. Under current law whether a person born on the island of Ireland to non-Irish parents may be entitled to Irish citizenship or not, is determined mainly by application of section 6A and 6B of the Irish Nationality and Citizenship Act 1956, as amended. The scenarios in which birth on the island of Ireland may result in Irish citizenship include birth to a non-Irish and non-British parent with lawful reckonable residency in the island of Ireland for at least three of the four years before the child’s birth.
The existing citizenship laws are based on lawful and reckonable residency of the parent or parents of the child and this will continue to be the case under the proposed amendments to the Irish Nationality and Citizenship Act 1956, contained in the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2021.
The General Scheme of this Bill, which was published on 7 June 2021, includes a proposed amendment to section 15 of the 1956 Act to reduce the residence requirement for naturalisation for minors born in the State from the current 4 year residence requirement to 2 years. In effect, this will replace a 5 year residency requirement with a 3 year residency requirement with the requirement of one year’s continuous residence in the State immediately before the date of application continuing to apply.
If enacted this provision will be applicable in cases where such children are not entitled to citizenship upon birth due to the foreign national parent’s non-fulfilment of the current provision requiring a three year reckonable residency period prior to the child’s birth and would allow children who are currently on a pathway to citizenship to attain this status at an earlier stage.
As the Deputy will be aware, the Government committed to introducing new pathways to status regularisation within 18 months of its formation. My Justice Plan 2021 contains a commitment to create new pathways for long-term undocumented people and their dependents who must meet specified criteria to regularise their status. We are now working to finalise the details for the scheme, including eligibility considerations and qualifying criteria, with a view to bringing a proposal to Government and to publish the details of the scheme before the end of this year. Successful applicants will receive an immigration permission, access to the labour market and will be able to begin the process of becoming Irish citizens, should they wish to do so. It is expected that a significant number of families and children will benefit from this scheme.
An Garda Síochána
Questions (469)
Michael McNamara
Question:469. Deputy Michael McNamara asked the Minister for Justice the number of members of An Garda Síochána who have been redeployed or retired from the Clare Garda division during 2019 and 2020, respectively; and the number of members of An Garda Síochána that have been assigned to the Clare Garda division for duty during the same periods. [56063/21]
View answerWritten answers
As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes the allocation of resources and deployment of Garda members throughout the State. As Minister, I have no role in these independent functions.
I am informed by the Garda authorities that the below table outlines the number of Garda members who have been allocated/transferred in to the Clare Division in 2019 and 2020, and the number of Garda members who have been allocated/transferred out in the same years. The table also includes the number of Garda members who have retired or departed for reasons other than retirement.
Clare Division
|
Year |
No. Allocated/Transferred In |
No. Allocated/Transferred Out |
No. Retired (other departure reasons) |
|
2019 |
20 |
22 |
6 (1) |
|
2020 |
18 |
16 |
3 (1) |
As of 31 October 2021, the total number of Garda members in the Clare Division is 314. This personnel strength is broken down as follows.
|
CS |
SU |
IN |
SG |
GD |
Total |
|
1 |
2 |
10 |
50 |
251 |
314 |
Garda members in the Clare Division are supported by 47 civilian staff as at 30 September 2021.
The below table, also provided by the Garda authorities, outlines the number of newly attested Gardaí allocated to the Clare Division since the recommencement of recruitment to date.
|
- |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
Total |
|
CLARE |
10 |
5 |
10 |
15 |
0 |
6 |
3 |
49 |
I am advised by the Garda authorities that to ensure the continued level of delivery of policing services within Garda Divisions, local and Senior Garda Management are consulted in relation to the allocation of personnel and are responsible for the specific deployment/assignment of duties undertaken at Divisional level.
I am assured that the delivery of policing services is closely monitored by the Garda Senior Leadership Team, particularly in view of commitments to the continued roll-out of the operating model of policing at divisional level to ensure optimum use of all Garda resources in providing the best possible Garda service to the community.
An Garda Síochána
Questions (470, 471)
Michael McNamara
Question:470. Deputy Michael McNamara asked the Minister for Justice the number of members of An Garda Síochána that have been allocated to the investigation into the deaths of 802 children and the Mother and Babies Home in Tuam, County Galway. [56064/21]
View answerMichael McNamara
Question:471. Deputy Michael McNamara asked the Minister for Justice the approximate cost of the Garda investigation into the deaths of 802 children and the Mother and Babies Home in Tuam, County Galway. [56065/21]
View answerWritten answers
I propose to take Questions Nos. 470 and 471 together.
As the Deputy will be aware the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including investigative matters. As Minister I play no role in these independent functions.
I am informed by the Garda authorities that Garda personnel may be assigned to several investigations in response to operational requirements and it is not possible to provide costs or resources associated with specific investigations.
I understand that on 29 April 2021, An Garda Síochána launched an appeal to anyone who wishes to report a crime relating to a pregnancy or abuse incurred during their residence at a Mother and Baby Home, to contact them. An Garda Síochána invited anyone who was the victim of a criminal act arising out of the Mother and Baby Homes, or who has information likely to assist an investigation into a criminal act committed at a Mother and Baby Home, to come forward and report this by emailing MotherandBabyHomes@garda.ie or by phoning the Garda Child Sexual Abuse Reporting line or reporting at a local Garda station.
Question No. 471 answered with Question No. 470.
An Garda Síochána
Questions (472, 473)
Michael McNamara
Question:472. Deputy Michael McNamara asked the Minister for Justice the estimated cost of the investigation launched in 2018 into the death of a baby (details supplied) in 1984. [56066/21]
View answerMichael McNamara
Question:473. Deputy Michael McNamara asked the Minister for Justice the number of members of An Garda Síochána that have been allocated to the investigation launched in 2018 into the death of a baby (details supplied) in 1984. [56067/21]
View answerWritten answers
I propose to take Questions Nos. 472 and 473 together.
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 investigative matters. As Minister I play no role in these independent functions.
I am informed by the Garda authorities that Gardaí continue to investigate the death of a newborn baby boy in 1984, known as Baby John.
I am advised that Garda personnel may be assigned to several investigations in response to operational requirements and it is not possible to provide costs associated with the investigation of specific incidents. I am further advised that An Garda Síochána do not provide information regarding sensitive operational matters, such as the numbers of personnel assigned to a particular investigation, at a particular time. I am informed that Garda personnel assigned to Garda National Bureau of Criminal Investigation (GNBCI) are simultaneously involved in multiple investigations due to the nature of the demands at the Bureau. Therefore, providing details of particular assignments could lead to a misinterpretation of relevant matters.
I am assured by the Garda authorities that significant work has been undertaken by the local investigation team, supported by the Serious Crime Review Team. Regular case conferences continue to be held by Garda management. I am advised that over 400 separate lines of enquiry have been generated as part of the review into this investigation, and that selective DNA sampling is ongoing as part of the enquiry. I understand that, to date, there have been no arrests in relation to this investigation. An Garda Síochána continue to appeal for information from the public regarding this case.
Question No. 473 answered with Question No. 472.
Online Safety
Questions (474)
Marian Harkin
Question:474. Deputy Marian Harkin asked the Minister for Justice if she is considering further legislative proposals to counter the scourge of bullying both online and offline. [56070/21]
View answerWritten answers
Bullying can come in many forms, but public discourse is usually about young people bullying each other. It is important to point out that this generally requires a response within community and institutional - including schools - contexts, rather than an automatic resort to criminal sanction.
That said, this Government is acutely aware of the impact any kind of harassment can have on a victim and that harassment can take different forms and have different levels of severity.
That is why Coco's Law, otherwise known as the Harassment, Harmful Communications and Related Offences Act 2020, not only introduced new offences but also broadened existing harassment offences and introduced stricter penalties for them. The maximum penalty for harassment has now been increased from 7 to 10 years’ to reflect the harm caused by its most serious forms.
The definition of harassment includes harassing another person by persistently following, watching, pestering, besetting or communicating with or about them. The changes made by Coco’s Law to this offence have also ensured that communicating with or about a person by any means is covered – including through the use of social media or technology.
Coco's Law also provides for a new offence of sending, distributing or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim, which means our legislation now covers once-off communications as well as harassment.
If charges are to be brought under this act against a person 17 or younger, then the consent of the DPP is required. As noted earlier, this is a safeguard that was put in in recognition of the need to use other means to tackle bullying and harassment in younger people, while still leaving the door open for charges to be brought in more extreme cases.
The Non-Fatal Offences Against the Person Act provides for offences that cause harm to another person and also for the offence of making someone believe they are going to be harmed. If the perpetrator of an offence under this Act is a young person, they can be considered for admission to the Garda Diversion Programme, which operates under Part 4 of the Children Act 2001.
The diversion measures specified in the Act include the administration of Garda cautions (in the presence of parents/guardians) and supervision by a Garda Juvenile Liaison Officer. In addition, a young person can be referred to a Youth Diversion Project funded by the Department which provide programmes and supports to enable young people to make positive behavioural changes.
There are also new legislative proposals that will impact on this area.
The General Scheme of the Hate Crime Bill has been published and it will introduce aggravated forms of certain offences where they are motivated by prejudice against protected characteristics. The protected characteristics under the Criminal Justice (Hate Crime) Bill 2021 are,
- Religion
- Race
- Colour
- Nationality
- Ethnic or national origin
- Sexual orientation
- Gender
- Disability
This legislation is currently being drafted by the Office of Parliamentary Counsel.
In addition to the legislation referenced above, separate legislation to include provision for an online safety commissioner has been proposed by the Department of Communications, Climate Action and the Environment, and the General Scheme of the Online Safety and Media Regulation Bill was published earlier this year.
It contains provisions empowering the proposed Media Commission to make online safety codes; assess the compliance of online services with those safety codes; direct online services to make changes to their systems; processes and policies and design and seek to apply financial sanctions to services who fail to comply.
The online safety codes will set out how social media companies will have to deal with harmful content, such as cyberbullying.
Naturalisation Applications
Questions (475)
Eoin Ó Broin
Question:475. Deputy Eoin Ó Broin asked the Minister for Justice the length of time it is currently taking for initial assessments of applications to the INIS; and the measures being taken to address the backlog created by level 5 restrictions. [56154/21]
View answerWritten answers
All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Statistics are not maintained by my Department in a manner to enable the identification of those applications that are at ‘initial assessment’ stage.
Current processing times have been extended due to the combined impact of the 2019 High Court judgment in the Jones case and the necessary health and safety related restrictions imposed as a result of the Covid-19 disruption. We have also been unable to hold in person ceremonies during this time.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also 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.
Naturalisation Applications
Questions (476)
Eoin Ó Broin
Question:476. Deputy Eoin Ó Broin asked the Minister for Justice the status of an application to the INIS in respect of a person (details supplied); and when the person can expect to receive a reference number. [56155/21]
View answerWritten answers
Applications for naturalisation received by my Department are dealt with in chronological order. The application for the person referred to by the Deputy will be registered in the coming weeks. Following initial assessment of the application, an application reference number will be issued by my Department.
Due to Covid-19 restrictions and public health limits on staff attendance in the office, significant delays are regrettably being experienced in the issuing of acknowledgment receipts and the processing and return of documentation. Citizenship applications have continued to be accepted and processed at all times during the pandemic.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also 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. As I announced earlier this week, from 1 January 2022, applicants will no longer be required to submit their original passport with their initial application.
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.
Naturalisation Applications
Questions (477)
Eoin Ó Broin
Question:477. Deputy Eoin Ó Broin asked the Minister for Justice the status of an application to the INIS in respect of a person (details supplied); and when the person can expect to receive a reference number. [56157/21]
View answerWritten answers
Applications for naturalisation received by my Department are dealt with in chronological order. The application for the person referred to by the Deputy will be registered in the coming weeks. Following initial assessment of the application, an application reference number will be issued by my Department.
Due to Covid-19 restrictions and public health limits on staff attendance in the office, significant delays are regrettably being experienced in the issuing of acknowledgment receipts and the processing and return of documentation. Citizenship applications have continued to be accepted and processed at all times during the pandemic.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also 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. As I announced earlier this week, from 1 January 2022, applicants will no longer be required to submit their original passport with their initial application.
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.
Naturalisation Applications
Questions (478)
Jim O'Callaghan
Question:478. Deputy Jim O'Callaghan asked the Minister for Justice if additional staff can be provided to the Irish Naturalisation and Immigration Service on a temporary basis to facilitate the processing of a backlog of appointments to obtain and renew visas; and if she will make a statement on the matter. [56158/21]
View answerWritten answers
My Department consistently works in partnership with the Public Appointments Service to ensure optimum staffing levels across the Immigration Service Delivery function and continuously reviews staffing levels to ensure that each area is adequately and efficiently resourced. Regarding the Registration Office in particular, a number of additional measures have been put in place to help clear the backlog, and to process appointments efficiently.
Staff in the Registration Office have been working extra hours, including at weekends, to meet the demand for first-time registrations, renewal of permissions, and re-entry visas for minors. The public office in Burgh Quay is now open from 08:00 to 20:30 to provide assistance to customers wishing to register.
Public health guidance currently determines the number of appointments that can be facilitated each day, while maintaining safe levels in the public office. Currently, almost 1,000 customers are being registered every week. Our staff continue to engage with stakeholders to understand how their needs can best be met. Since the introduction of a new online system for the renewal of permissions for Dublin-based customers in July 2020, over 98,000 applications have been processed.
This week, I announced a number of customer focused immigration changes to simplify and streamline the processing of citizenship applications and to facilitate immigration requirements for our customers over the Christmas period, as follows:
- From 1 January, new applicants for citizenship will not be required to submit their original passport with the initial application.
- Re-entry visas for minors are suspended over Christmas to facilitate families making travel plans.
- Customers in the State benefitting from the extension of immigration permissions to 15 January 2022 will see their Irish Residence Permits extended to the same date
The Deputy can be assured that I am deeply conscious of how important the granting of naturalisation is to those who apply for it. My Department has continued to accept and process citizenship applications throughout the pandemic and at all levels of public health restrictions, and is on track to make 11,000 citizenship decisions this year.
I and my officials continue to explore new ways of processing citizenship applications in a timely and efficient manner, improving service to our customers and reducing waiting times.
Citizenship Applications
Questions (479)
James Lawless
Question:479. Deputy James Lawless asked the Minister for Justice if assistance will be provided to a person (details supplied) in relation to an application for citizenship. [56162/21]
View answerWritten answers
I am deeply conscious of how important the granting of naturalisation is to those who apply for it. My Department has continued to accept and process citizenship applications throughout the pandemic and at all levels of public health restrictions and is on track to make 11,000 citizenship decisions this year.
My officials and I continue to explore new ways of processing citizenship applications.
On 15 November 2021, I announced that from 1 January 2022, new applicants for citizenship will no longer have to submit their original passport with their application. Instead, they can provide a full colour copy of their entire passport, including the front and back covers. The colour copy must be witnessed by a solicitor and submitted with the application form. Details and further information available on on my Department's Irish Immigration website at: www.irishimmigration.ie/new-immigration-changes-announced/.
National Educational Psychological Service
Questions (480)
Martin Kenny
Question:480. Deputy Martin Kenny asked the Minister for Health if he will provide a breakdown of the allocation of speech and language therapists and occupational therapists at a school (details supplied) in each of the years 2010 to 2020 and to date in 2021; his views on whether the allocation is sufficient to address the needs of children attending the school; his plans in place to address a potential lack of allocation; and if he will make a statement on the matter. [55632/21]
View answerWritten answers
My Department’s National Educational Psychological Service (NEPS) provides educational psychological support to all primary and post-primary schools including the school in question. This involves direct support in the event of a critical incident, access to national and regional support and development work to build school capacity to support students, access to a NEPS psychologist for responses to queries arising, and access to individual pupil casework where there is need via a NEPS psychologist or through the Scheme for the Commissioning of Psychological Assessments (SCPA).
NEPS, in common with many other psychological services and best international practice, has adopted a consultative model of service. The focus is on empowering teachers to intervene effectively with pupils whose needs range from mild to severe and transient to enduring. Psychologists use a problem solving and solution oriented consultative approach to maximise positive outcomes for these pupils. NEPS encourages schools to use a continuum based assessment and intervention process whereby each school takes responsibility for initial assessment, educational planning and remedial intervention for pupils with learning, emotional or behavioural difficulties. Teachers may consult their NEPS psychologist should they need to at this stage in the process. Only in the event of a failure to make reasonable progress, in spite of the school's best efforts in consultation with NEPS, will a psychologist become involved with an individual child for intensive intervention or assessment.
This system allows psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. In relation to the school to which the Deputy refers, the NEPS North West/North Midlands Region (Sligo Team) provides a service to this school.
Special schools generally cater for children with the most complex needs. Accordingly, these schools have enhanced staffing levels with greatly reduced pupil: teacher and SNA staffing allocations. The provision of training and support for these schools is prioritised including access to training and post graduate programmes tailored to meeting the needs of children with complex needs. On an ongoing basis, these schools have access to the NCSE advisory support service which advises on children with the most complex needs including behavioural needs.
The Deputy may also be aware of the School Inclusion Model (SIM) which has been developed in collaboration with the Departments of Health; Children, Equality, Disability, Integration and Youth; the NCSE and the HSE.
The NCSE is currently piloting this new model in 75 schools in the CHO 7 area. As part of this new model, NCSE teams have been enhanced to include Occupational Therapists, Speech and Language Therapists and Behaviour Practitioners to support schools build capacity to include children with special educational needs. The evaluation of this pilot will inform future policy in this area.
Proposed Legislation
Questions (481)
Jennifer Whitmore
Question:481. Deputy Jennifer Whitmore asked the Minister for Health if there are future plans to amend existing mental health legislation to remove the power of An Garda Síochána to detain a person who is in immediate jeopardy of causing harm to themselves or to others; and if he will make a statement on the matter. [56107/21]
View answerWritten answers
The General Scheme of a Bill to amend the Mental Health Act was approved by Government on 13 July and is available on the Department of Health's website at gov.ie - Draft Heads of a bill to amend the Mental Health Act 2001 (www.gov.ie).
The publication of the General Scheme follows a review of the Mental Health Act which took account of the 165 recommendations of an Expert Group Review of the Act that were published in 2015, along with extensive consultation with the HSE, the Mental Health Commission and other key stakeholders, and a public consultation in March/April 2021.
Proposed amendments to Section 9 of the General Scheme provide for changes to who may make an application for involuntary admission and would allow only ‘Authorised Officers’ to make an application. The proposed changes were recommended by the Expert Group and included in the current Programme for Government.
Proposed amendments to Section 12 in the General Scheme provide for updated powers for An Garda Síochána to take persons into custody who they believe fulfil the criteria for detention set out in Section 8 of the Act. The Garda or Gardaí must contact an Authorised Officer who will assess the person to see whether an application for a recommendation to a medical practitioner should be made.
The intention of these changes is to strengthen the safeguards on involuntary detention, to uphold the rights of the individual to autonomy and to make decisions of their own, and to ensure an holistic view of the individual is taken before an application for involuntary detention is made.
Pre-Legislative Scrutiny by the Oireachtas Sub-Committee on Mental Health began on 2nd November. The draft heads have been sent to Office of Parliamentary Counsel (OPC) for the drafting of the Bill. Department of Health officials will continue to work with the sub-Committee and the OPC to ready the Bill for introduction to the Oireachtas as soon as possible.
Applications for involuntary detention are never made lightly and applications made by any member of An Garda Síochána take full account of An Garda Síochána‘s obligation to protect the human rights and welfare of individuals and communities. The only statutory option available to Gardaí responding to people in a mental health crisis and potentially posing a risk of harm to themselves or others is to invoke Section 12 of the Mental Health Act, 2001.
The Department of Justice has confirmed that all trainee Gardaí are trained over two days in an internationally recognised Applied Suicide Intervention Skills Training (ASIST) workshop which is delivered in collaboration with the HSE. This workshop is a suicide first aid programme which equips trainee Gardaí with the necessary skills to discuss suicide with a person at risk and to make an intervention to reduce immediate risk of suicide if necessary. Trainee Gardaí also study the Mental Health Act 2001 and the procedures that are required if they have to invoke their powers.
As part of the Continuous Professional Development core programme for operational members, An Garda Síochána has provided training on awareness of mental health difficulties in keeping with the Mental Health Act 2001. The programme also covers types of mental health difficulties, Garda powers and procedures, and the transportation of people in mental health crisis.
As the Deputy may also be aware, the Commission on the Future of Policing in Ireland concluded that societal issues such as the mental health of individuals should not be the responsibility of An Garda Síochána alone and the Commission recommended the establishment of multi-agency teams that would include Gardaí to respond to the needs of individuals with mental health issues. A pilot crisis intervention team is being developed in the Limerick Garda Division. This pilot is being progressed in close collaboration with the HSE and it is hoped to begin the rollout of the pilot team early next year.
Community Care
Questions (482)
Neasa Hourigan
Question:482. Deputy Neasa Hourigan asked the Minister for Health if the projected cost saving to the counties Cork and Kerry community healthcare budget that would result from the proposed closure of a centre (details supplied) after all residents and staff have been transferred from the facility and it is no longer in operation will be used to cover other costs within the counties Cork and Kerry adult mental health services; and if he will make a statement on the matter. [55477/21]
View answerWritten answers
As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
Departmental Funding
Questions (483)
Neasa Hourigan
Question:483. Deputy Neasa Hourigan asked the Minister for Health the breakdown of the funding invested in building works, such as fire safety upgrades and renovations, associated with a centre (details supplied) in each of the years 2012 to 2020, in tabular form. [55478/21]
View answerWritten answers
As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
Mental Health Services
Questions (484)
Neasa Hourigan
Question:484. Deputy Neasa Hourigan asked the Minister for Health if the clinical directors of the West Cork, South Lee and North Cork adult mental health services have agreed to accept referrals of service users under the care of the Midleton and Youghal and Cobh and Glenville adult mental health teams for long stay or respite placements in the community residences attached to their catchment areas into the future; if there is a waiting list for any of the community mental health residences in West Cork, South Lee and North Cork at present; if so, the number on the waiting lists and the duration in each case; and if he will make a statement on the matter. [55479/21]
View answerWritten answers
As this is a service matter I have asked the Heath Service Executive to respond directly to the Deputy as soon as possible.