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Tuesday, 30 Nov 2021

Written Answers Nos. 472-494

Legislative Measures

Questions (472)

Bríd Smith

Question:

472. Deputy Bríd Smith asked the Minister for Justice if the review (details supplied) of the effects of the Part 4 of the Criminal Law (Sexual Offences) Act 2020 has been published and laid before the Houses of the Oireachtas; if not, the date for same; and if she will make a statement on the matter. [58324/21]

View answer

Written answers

As you are aware, in July of last year, my Department officials contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act.

As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives. Further consultation with stakeholders is planned and details on how this engagement will take place will be outlined in due course. The review will consider all aspects outlined in the Terms of Reference.

While the review is independent of the Department, it is understood that the independent expert commissioned to carry it out has a programme of work mapped out for the remainder of the year and expects to be in a position to present the outcome of the review early next year.

Immigration Status

Questions (473)

Bernard Durkan

Question:

473. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in determining the residency status in the case of a person (details supplied); and if she will make a statement on the matter. [58351/21]

View answer

Written answers

In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted to my Department on behalf of the person concerned. 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 a final decision 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.

Substance Misuse

Questions (474)

Carol Nolan

Question:

474. Deputy Carol Nolan asked the Minister for Justice if the attention of her Department has been drawn to a surge in the use of crack cocaine; if her Department has conducted an analysis of this trend; and if she will make a statement on the matter. [58353/21]

View answer

Written answers

The continued disruption of the supply of all illicit drugs including crack cocaine remains a priority for An Garda Síochána and the other state agencies tasked with responsibilities in this regard. A concerted effort has been made over the past year to ensure that the detection and prevention of these types of criminal activity have not been adversely affected by the unprecedented demands placed on policing services by the vital enforcement of public health restrictions.

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 Garda operations aimed at preventing and countering criminal activity, and the enforcement of legislation pertaining to illegal drugs. As Minister, I have no direct role in these matters.

The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. The Bureau’s work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities. GNDOCB also works closely and productively with international law enforcement partners. Gardaí continue to work closely with local authorities, HSE, NGOs, community groups and other state agencies to tackle the problems of drug addiction and abuse. This vital work is having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups, including the recent seizure of cocaine, heroin, cannabis and ketamine with an estimated value of €9,790,000 Dublin Port on 24 November.

The Deputy may be aware that the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-Government response to drug and alcohol use in Ireland. The implementation of the strategy is led by my colleague, the Minister for Health, however the strategy includes actions for all stakeholders, including my Department and An Garda Síochána.

The strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs, and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports the vulnerable people who use drugs, it is also matched with strengthened enforcement measures across government to tackle the supply of illegal drugs. Sustained action by An Garda Síochána has continued unabated throughout the current pandemic, bringing significant convictions and ongoing seizures of drugs, firearms and ammunition.

I can inform the Deputy that on 2 July 2021, An Garda Síochána commenced an enhanced national anti-drugs strategy, Operation Tara, which has a strong focus on tackling street-level dealing throughout rural and urban Ireland. Operation Tara is focused on tackling street-level dealing throughout rural and urban Ireland. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs including crack cocaine.

Recent successes of Operation Tara include;

- Gardaí attached to the Divisional Drug Unit at Kevin Street Garda Station, with assistance from the Divisional Crime Task Force, conducted a search under warrant at a residence in Ringsend, Dublin 4 and seized €123,000 worth of controlled drugs on Friday 8th October 2021.

- As part of Operation Tara, Gardaí from Naas recovered cannabis herb worth €100,000in the course of searching a stolen motor van in Allenwood, Co Kildare on the 9th October.

- Gardaí from the detective and drug units in Gorey and Enniscorthy, conducted a search of a residence in Bunclody and seized a combined €304,000 in cannabis and cocaine on Saturday, 23rd October 2021, approximately €100,000 of cannabis herb, €180,000 in cannabis resin and almost €24,000 worth of cocaine (subject to analysis) was located at the residence.

- Gardaí from Cork based Drugs Units have seized drugs worth €140,000 and arrested two males in the course of an operation in Cork on Thursday, 4th November 2021.

All drugs seized are subject to analysis by Forensic Science Ireland (FSI).

The Deputy may also be aware that The National Drugs Strategy is unique among national drugs strategies across EU Member States in recognising the need to address drug-related debt intimidation at a community level.

An Garda Síochána regard drug-related intimidation as a hugely serious issue which impacts significantly on communities throughout Ireland and advise people to seek help and support from their local Gardaí, even where a person has felt compelled to pay money to those who engage in drug related intimidation.

An Garda Síochána deals with drug related intimidation in a confidential and secure manner. Insofar as possible, An Garda Síochána offers confidentiality and provides practical personal security and safety information and advice in relation to particular threats or instances of intimidation, along with information on appropriate drug support services for the individual in the family who is accruing drug debts, while also providing information regarding the process involved in making a formal complaint.

Visa Applications

Questions (475)

Pearse Doherty

Question:

475. Deputy Pearse Doherty asked the Minister for Justice if a visa application for a person (details supplied) can be expedited on medical emergency grounds; and if she will make a statement on the matter. [58393/21]

View answer

Written answers

I can inform the Deputy that following full consideration by a Visa Officer, the visa application you refer to was refused. The letter issued to the applicant outlines the reasons for this refusal. It is open to the applicant to appeal this decision, in writing, within two months of the date of the refusal. Appeals must be in written form and sent to the Visa Appeals Officer in the relevant Visa Office.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on my Department's Irish Immigration website (www.irishimmigration.ie). Applicants that strictly follow these guidelines have an improved prospect of receiving a positive decision at first instance.

When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh.

Full consideration will be given to any appeal received on behalf of the applicant, however the onus is on the applicant to satisfy the Visa Officer that a visa should be granted.

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.

An Garda Síochána

Questions (476)

Alan Kelly

Question:

476. Deputy Alan Kelly asked the Minister for Justice if all Garda stations custody suites are covered by CCTV cameras and audio recording facilities; if not, are the estimated costs of ensuring the remaining Garda stations custody suites covered by CCTV cameras and audio recording facilities. [58411/21]

View answer

Written answers

I 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.

The following deferred reply was received under Standing Order 51
I refer to your Parliamentary Question (No. 476 of 30 November 2021) where you asked:
“if all Garda stations custody suites are covered by CCTV cameras and audio recording facilities; if not, the estimated cost of ensuring the remaining Garda stations custody suites are covered by CCTV cameras and audio recording facilities”.
As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the report was to hand.
As you will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the outfitting of custody suites. As Minister for Justice, I have no direct role in these matters.
I am informed by the Garda authorities that CCTV cameras and audio recording facilities are in place in a number of Garda station custody suites and in all new build Garda stations, where a custody suite is part of the build. I am further informed that ongoing requirements for CCTV cameras and audio recording facilities are planned and implemented on the basis of operational needs and available resources.
I understand that these systems are specified by Garda ICT and are tendered and procured by the OPW and installed under contract by preferred bidder. It is, therefore, not possible to provide an estimated cost.
I hope this information is of assistance.

An Garda Síochána

Questions (477)

Alan Kelly

Question:

477. Deputy Alan Kelly asked the Minister for Justice the number of gardaí that have received specialist training to interview children as witnesses, victims or suspects in 2020 and to date in 2021, in tabular form. [58412/21]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the arrangement of training courses for Garda members. As Minister, I have no direct role in these matters.

I understand that Specialist Interviewing was established in An Garda Síochána is 2008. In accordance with Section 16(1) (b) Criminal Evidence Act 1992 as amended, Specialist Interviewers are trained to record interviews with complainants under 14 years, (or those with an intellectual Disability), for evidential purposes in cases involving sexual and / or violent offences.

There are purpose built interview suites in Letterkenny, Sligo, Galway, Limerick, Cork, Waterford and Dublin. Specialist Interviewer Training is conducted by Core Staff at Crime Training Faculty at the Garda College. Participants undergo an intensive two (2) year training programme with the following aims:

- Ensure that newly selected personnel to the role of Specialist Interviewer are fully equipped to meet the requirements of the job

- Develop the competencies identified to interview in accordance with the Rules of Evidence in Criminal Law

- Develop a clear understanding and focus of the key relationships bespoken to the role

- Promote a consistent approach to the role, responsibilities and practices of the Specialist Interviewer

- Encourage the application, testing and refining of new behaviours applicable to the role of Specialist Interviewer

- Encourage in Specialist Interviewers a learning approach that embedded in the philosophy of continuous professional development.

The table below, furnished to me by the Garda authorities, details the number of Gardaí who received specialist training to interview children as witnesses, victims or suspects in 2020 and to date in 2021:

Year

No. of Gardaí who received Specialist Interviewing Training

2020

22

2021 to date

24

The above represented Garda who received the relevant training over the past two years has built upon the 24 and 40 Gardaí trained in 2018 and 2019 respectively.

An Garda Síochána

Questions (478, 479)

Alan Kelly

Question:

478. Deputy Alan Kelly asked the Minister for Justice the capacity of each motorcycle shed for roads policing motorcycles in each RPU base in tabular form. [58413/21]

View answer

Written answers

I 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.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 478 which was for answer on 30 November 2021, where you sought the capacity of each motorcycle shed for roads policing motorcycles in each RPU.
You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the requested information was available.
As you will be aware, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including the distribution of resources. As Minister for Justice, I have no direct role in these matters.
I am informed by the Garda authorities that there are currently 50 Garda districts which have motorcycles assigned to them. I understand that it is not a requirement, on the allocation of a motorcycle to a Garda station, that a purpose built shed be available to house the vehicle.
The table below, provided by the Garda authorities, outlines the storage/parking facilities that are available in each of the 50 districts which have been assigned motorcycles:

Number of Districts with Storage Facilities (shed/garage)

Number of Districts with outdoor parking bays

Number of Districts with no dedicated storage/parking facility available

39

6

5

 
I am informed by the Garda authorities that it is not possible to provide details on the capacity figures for each of the sheds.
 

Cormac Devlin

Question:

479. Deputy Cormac Devlin asked the Minister for Justice if she will provide an update on prison inspection arrangements during Covid-19; the number of inspections carried out from January 2019 to October 2021 by the Inspector of Prisons; the top ten issues raised in tabular form; and if she will make a statement on the matter. [58464/21]

View answer

The Inspector of Prisons, whose independence in the exercise of her functions is provided for by law, plays a vital role in ensuring effective independent oversight of our prison system.

‘A Framework for the Inspection of Prisons in Ireland’ was published by the Inspector in March last year. This sets out how the Inspector will conduct inspections of prisons and draws upon relevant international human rights standards, in particular the preventive approach and standards set by the Optional Protocol to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

Issues raised by the Inspector, and the corresponding responses from the Irish Prison Service are set out in the Inspector's reports upon publication.

During 2019 staff of the Inspector of Prisons attended prisons on 69 occasions. This was inclusive of a one-day oversight visit in each prison conducted by the Inspector in the performance of her statutory functions. Details of these visits are available in the 2019 Annual Report from the Inspector which is available on the website of my Department and the website of the Inspector of Prisons.

During 2020 the Inspector of Prisons visited every prison to assess the impact of the pandemic and details of these inspections are contained in the 2020 Inspector of Prisons Annual Report which is also available on my Department's website and on the website of the Inspector of Prisons.

In addition to these short visits to each prison, a three day oversight monitoring visit of Mountjoy women’s Prison (Dóchas Centre) was conducted. The Inspector, in collaboration with Maynooth University also, embarked on a project to learn about the experience of prisoners cocooning during Covid, the report entitled ‘Ameliorating and Impact of Cocooning of People in Custody – A Briefing’. A copy of the report can be found on the website of the Inspector.

This year, in response to the pandemic and in relation to the need to continue to monitor the situation within prisons for prisoners and staff, the Inspector suspended her 2021 general inspection programme and embarked on a COVID focused inspection schedule. This is designed to provide a human rights-based assessment of the response of the Prison Service to the pandemic.

On 3 August this year, Minister Naughton published the first four COVID - 19 Thematic Inspection reports received from the Inspector in relation to Mountjoy, Cloverhill, Wheatfield and Limerick Prisons and these are available on the website of my Department. I have also received Covid -19 Thematic Reports relating to Shelton Abbey, Portlaoise, Cork and Arbour Hill prisons and my intention is to bring all four reports to Government shortly and to publish them thereafter. Thematic Reports for Loughan House Open Centre and Midlands Prison were submitted to my Department on the 19 November 2021 and will also be published in due course.

Further, I am advised that the Inspectorate has also completed Covid Thematic inspections of Castlerea Prison and Mountjoy Women’s Prison (Dóchas) Centre, the reports of which I am informed will be submitted to me during the month of December and published in early 2022.

Legal Aid

Questions (480)

Cormac Devlin

Question:

480. Deputy Cormac Devlin asked the Minister for Justice if she will provide an update on the current membership and remaining tenure of the Legal Aid Board; the annual budget provided by her Department; the number of applications for legal aid; the number of certificates granted on a monthly basis between January 2019 and October 2021, in tabular form; and if she will make a statement on the matter. [58465/21]

View answer

Written answers

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021.

On 10 November 2021, I was pleased to announce the appointment of a new Board for the period 1 November 2021 to 31 October 2026, chaired by Ms Nuala Jackson SC. The Board members are:

- Mr. Liam Ryan, Solicitor

- Mr. Patrick Durcan, retired District Court Judge

- Mr. Michael Bourke, Solicitor (Retired)

- Ms. Marianne Nolan, Officer of the Minister for Public Expenditure and Reform

- Ms. Catherine Ryan, staff member of the Legal Aid Board

- Ms. Niamh O’Hanlon, staff member of the Legal Aid Board

- Mr. Gordon Jeyes, Former Chief Executive of Tusla, the Child and Family Agency

- Ms. Freda McKittrick, Assistant Director, Barnardos

- Ms. Nuala Egan, Barrister

- Ms. Catherine Keane, Solicitor

- Ms. Tracy O'Keeffe, Officer of the Minister for Justice

- Mr. Maurice Lawlor, Officer of the Minister for Social Protection

Although independent in the exercise of its functions, in order to be of assistance to the Deputy, I have asked the Legal Aid Board for the details sought by the Deputy. The Board has provided me with the following information, as set out in the tables below.

Table 1 outlines the number of applications for civil legal aid services received at the Board’s law centres during the years 2019, 2020 and 2021 by calendar month. Table 2 shows the number of legal aid certificates issued during the years 2019, 2020 and 2021 by calendar month.

Table 1: No. of applications for civil legal aid

2019

2020

2021

January

1846

1918

1101

February

1643

1675

1272

March

1583

1071

1406

April

1573

488

1241

May

1554

878

1221

June

1456

1032

1395

July

1561

1345

1288

August

1401

1145

1052

September

1590

1499

1409

October

1560

1385

1359

November

1356

1298

December

874

649

Total

17997

14383

12744

Table 2: No. of legal aid certificates issued

2019

2020

2021

January

1297

1328

923

February

1278

1311

1032

March

1373

928

1166

April

1215

427

972

May

1366

737

1110

June

1110

936

1063

July

1198

1082

984

August

1004

790

697

September

1352

1195

1134

October

1298

1152

1105

November

1094

1117

December

1144

770

Total

14729

11773

10176

Prison Service

Questions (482)

Sorca Clarke

Question:

482. Deputy Sorca Clarke asked the Minister for Justice the number of persons currently in prison for burglary and who are due to be released in 2023, 2024, 2025 and 2026, in tabular form. [58524/21]

View answer

Written answers

I am advised by my officials in the Irish Prison Service that on 19 November 2021 there were 361 people in custody whose most serious offence was burglary.

Of this, 294 were sentenced and 67 were being held for trial or on remand.

A detailed breakdown of those serving sentences for burglary is set out in the tables below.

Table 1. All Prisoners in Custody For Burglary or Related Offences on 19 November 2021

Committal Status

Total

Sentenced

294

Trial and Remand

67

Total

361

Table 2. Burglary and Related Offences Sentenced Prisoners on 19 November 2021

Offence Description

TOTAL

AGGRAVATED BURGLARY

50

ATTEMPTED BURGLARY

3

BURGLARY

239

BURGLARY (INTENT)

1

POSSESSION OF ARTICLES/COURSE OF COMMITTING CRIME

1

Total

294

Table 3. Burglary and Related Offences Sentenced Prisoners on 19 November 2021 with an earliest release date from 2022 to 2026.

OFFENCE DESCRIPTION

2022

2023

2024

2025

2026

TOTAL

AGGRAVATED BURGLARY

16

11

11

8

1

31

ATTEMPTED BURGLARY

2

1

1

BURGLARY

122

52

23

15

2

92

BURGLARY (INTENT)

1

0

POSSESSION OF ARTICLES/COURSE OF COMMITTING CRIME

1

0

Total

142

64

34

23

3

266

Court Judgments

Questions (483)

Sorca Clarke

Question:

483. Deputy Sorca Clarke asked the Minister for Justice the number of successful convictions obtained under section 31(2) of the intoxicating Liquor Act 1988 in 2019, 2020 and to-date in 2021, in tabular form. [58525/21]

View answer

Written answers

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. This includes the compilation of information relating to convictions.

In addition, the decision about whether or not to prosecute a person is entirely a matter for the Director of Public Prosecutions and I, as Minister, have no role in such matters.

I am informed by the Courts Service that there is no record of any prosecutions or convictions under Section 31(2) of the Intoxicating Liquor Act in the years in question.

The Deputy should note however, that the Courts Service can only provide data in instances where offence codes provided on the system were used by prosecutors. In relation to prosecutions under Section 31(2) of the Intoxicating Liquor Act, prosecutors may have used uncoded free text offences, which do not appear in searches for prosecutions by the Courts Service.

Departmental Reports

Questions (484)

Mary Lou McDonald

Question:

484. Deputy Mary Lou McDonald asked the Minister for Justice if the independent study on familicide and domestic homicide reviews has been finalised; and when it will be published. [58678/21]

View answer

Written answers

As the Deputy will be aware, there is a commitment in the Justice Plan 2021 to publish the independent research on Familicide and Domestic Homicide Reviews which has been commissioned by my Department. This will be an important first step in delivering on the Programme for Government commitment to legislate to introduce Domestic Homicide Reviews.

The independent study is looking at international best practice in the conduct of Domestic Homicide Reviews with a view to making recommendations in relation to their application in this jurisdiction.

I must emphasise that the Advisory Group and their work is independent, and the Department of Justice is not involved in the work of the study nor is it a member of the Advisory Group.

I understand from the Study Lead that the focus remains on the fair procedures part of the process. This involves allowing any persons or organisations who might be affected by the contents of the draft report (including the families concerned) to be given an opportunity to reply. While this part of the process is taking time as it involves engaging with multiple parties, it is an essential part of the process and must be completed before the report can be finalised.

The Study Lead is working hard to complete the process in order to be able to proceed to finalising the report.

As previously stated, when received, I will examine the report in detail and I remain committed to considering any recommendations made as a priority.

Naturalisation Applications

Questions (485)

Seán Crowe

Question:

485. Deputy Seán Crowe asked the Minister for Justice the average waiting time for successful naturalisation applications to be processed at present; the number of applications currently being considered; and the number of live applications still being processed were submitted prior to 23 November 2019. [58709/21]

View answer

Written answers

I 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.

Regrettably, the current average processing time for applications is 23 months and there are just over 22,717 applications on hand, of which 6,047 were received prior to 23 November 2019. The 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. Since the introduction of the temporary system, 8,196 citizenship applicants have been contacted and 7,405 new Irish citizens have received their certificates of naturalisation. 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.

Work Permits

Questions (486)

Mick Barry

Question:

486. Deputy Mick Barry asked the Minister for Justice the number of individual fishers who have received letters of approval since the inception of the atypical work permit scheme for non-EEA fishers; the number of occasions on which a fisher managed to extract themselves from a contract with a vessel owner and locate an alternative vessel owner to engage them under the terms of the scheme within the 30-day timeframe provided for in the terms of the scheme to permit a change of employer; and if she will make a statement on the matter. [58710/21]

View answer

Written answers

As the Deputy is aware, the Atypical Working Scheme was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for permission under the Department of Enterprise, Trade and Employment's employment permit system.

The Scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet and was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the Scheme.

A total of 440 individual fishers have received letters of approval since the inception of the Scheme, with a total of 68 fishers having changed their employer, as set out in the table below.

Year

Number

2016

0

2017

3

2018

13

2019

13

2020

22

2021

17

Total

68

I can confirm to the Deputy that there is no 30-day timeframe within which an individual is required to submit an application to change their employer. An application for such a change can be made at any time during the validity of the permission already granted to the individual fisher. This has been clearly outlined in the terms of the Atypical Working Scheme since early 2017.

The entitlement to change employer is also clearly set out in the letter of approval granted under the Scheme and provided to all successful applicants both in English and in their native language.

Court Orders

Questions (487)

Mark Ward

Question:

487. Deputy Mark Ward asked the Minister for Justice the number of child maintenance orders each year from 2018 to date in tabular form; and if she will make a statement on the matter. [58824/21]

View answer

Written answers

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, as the Deputy will be aware, the making of a maintenance order is a matter for the presiding judge and I have no role in this regard.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided me with the figures set out in the table below. Applications for maintenance are brought under different sections of the Family Law (Maintenance of Spouses and Children) Act, 1976, as amended, depending on the personal circumstances of the parties. The Courts Service further advises that it cannot differentiate between spousal and child maintenance in the figures provided and that figures for this year (2021) are not yet available.

Application Type

No. Orders Granted

2018

No. Orders Granted

2019

No. Orders Granted

2020

Maintenance - Section (5) (A) (2) (Un Married brought by other)

65

54

33

Maintenance - Section (5) (A) (1) (Un Married)

1812

1808

1014

Maintenance - Section (5) (1) (b) (Married but living apart/deserted)

167

127

91

Maintenance - Section (5) (1) (a) (Married)

690

729

433

Total

690

729

433

Departmental Schemes

Questions (488)

Michael Creed

Question:

488. Deputy Michael Creed asked the Minister for Justice when her consideration of greater transparency in the Immigrant Investment Programme will conclude; and if she will make a statement on the matter. [58927/21]

View answer

Written answers

As the Deputy will be aware, the Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment and create business and employment opportunities in the State. The Programme provides investors with the opportunity to invest in Ireland. Key to the Programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest.

The IIP has been subject to a number of reviews, both internal and external, in recent years. A report in relation to the second phase of an external review carried out is currently being considered by my officials and will be submitted to me thereafter. This report will be published in due course. Any actions and recommendations arising from the report which are beneficial to the Programme will be assessed and evaluated and consideration will be given to their introduction.

More generally, projects seeking funding under the IIP are assessed by an independent Evaluation Committee, comprised of senior civil and public servants from relevant Government Departments and State Agencies involved in enterprise development in Ireland. The Evaluation Committee convenes at least four times a year to assess projects submitted for consideration under the Programme.

The independent Evaluation Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the application will be submitted to me for final approval.

Detailed information in relation to the IIP and guidelines for applicants is available on my Department's Irish Immigration website at: www.irishimmigration.ie.

Legislative Programme

Questions (489)

Ivana Bacik

Question:

489. Deputy Ivana Bacik asked the Minister for Justice the status of the courts and civil law (miscellaneous provisions) Bill. [58955/21]

View answer

Written answers

The General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2021 was approved for drafting by the Government in the early summer. The purpose of the General Scheme of a Courts and Civil Law (Miscellaneous Provisions) Bill is to provide for amendments to provisions across a range of civil and regulatory law by way of updating and enhancing their application and to better meet current or pressing policy objectives.

Miscellaneous Bills, such as this, offer an important opportunity to bring legislation up to date and make important technical and policy amendments that do not merit their own stand-alone legislation. The General Scheme of the Bill has been referred to the Justice Committee for pre-legislative scrutiny.

As part of the pre-legislative process, a technical briefing on the General Scheme was due to be held on 4 November with officials from my Department. However, I understand that the Committee could not reach a quorum for the meeting and therefore it could not go ahead. I intend to write to the Committee shortly on the next steps.

Legislative Measures

Questions (490)

Gary Gannon

Question:

490. Deputy Gary Gannon asked the Minister for Justice the expected timeframe for when the private security agency sector will finish the development of training and standards for enforcement officers as per the Private Security Services (Amendment) Act 2021; and if she will make a statement on the matter. [59104/21]

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Written answers

The Private Security Authority, established under the Private Security Services Act 2004, as amended, is responsible for the licensing and regulation of the private security industry in the State.

The Authority is an independent statutory body under the aegis of my Department and I have no involvement in the day-to-day operations of the Authority.

Following the enactment of the Private Security Services (Amendment) Act 2021, which provided for the regulation of enforcement guards, the Authority established a working group to develop the requirements for licensing. The working group, comprising representatives of security industry employees and employers, An Garda Síochána, auditing bodies, training providers and security contractors will develop the necessary standards and training.

The initial focus of the working group has been on the requirements for contractors working as enforcement guards and the working group has developed a standard for the sector which is expected to go to public consultation later this week.

The work on the training requirements for employees has begun, however this work is more complex and will take some time to complete.

The training course will be accredited by Quality Qualifications Ireland (QQI) and form part of the National Framework of Qualifications.

I am advised by the Authority that it is their intention to licence contractors working in the sector in the first quarter of 2022 using the new standard.

A decision on whether to licence employees at the same time using an existing licence category pending completion of the training development is currently under consideration.

Legislative Measures

Questions (491)

Gary Gannon

Question:

491. Deputy Gary Gannon asked the Minister for Justice if enforcement officers are currently covered by the Private Security Services (Amendment) Act 2021; and if she will make a statement on the matter. [59106/21]

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Written answers

The Private Security Services (Amendment) Act 2021 was signed into law by the President on 12 July 2021. This is an important piece of legislation allowing the Government to bring the regulation and licensing of security personnel assisting those enforcing court orders for evictions and repossessions within the remit of the Private Security Authority.

The 2021 Act provides for the insertion of an additional category and a definition of ‘enforcement guard’ in the list of security services covered by the Private Security Services Act 2004. Bringing enforcement guards within the remit of the Private Security Authority will require them to obtain a licence to operate and ensure that they are subject to the training standards and licensing regime operated by the Authority.

Sections 1, 3 – 8 and Section 2(1)(a), other than insofar as it relates to the insertion of the definitions of “court messenger” and “enforcement guard” into section 2(1) of the Private Security Services Act 2004 (No. 12 of 2004), were commenced on 21 July 2021. Section 2(1)(a) provides for the inclusion of an additional category and a definition of an 'enforcement guard' in the list of security services covered by the Private Security Services Act 2004.

The Authority are currently developing the training and standards required for this new category of security service. In conjunction with this work, the Authority are preparing the regulations that will be needed to prescribe the licensing of enforcement guards and it is the intention to commence Section 2(1)(a) as soon as the regulations are complete.

Schools Building Projects

Questions (492)

Jennifer Murnane O'Connor

Question:

492. Deputy Jennifer Murnane O'Connor asked the Minister for Health the status of the new school build for a school (details supplied) given that capital funding has been allocated to progress the design; and if he will make a statement on the matter. [58280/21]

View answer

Written answers

As the Health Service Executive is responsible for the management of the public healthcare property estate, I have asked the HSE to respond directly to you in relation to this matter.

Disability Services

Questions (493, 494)

Gerald Nash

Question:

493. Deputy Ged Nash asked the Minister for Health the number of children who were on each children's disability services' caseload in June 2021 by county; the number of children's cases which were reviewed and discharged from each children's disability services to date in 2021 by county; the number of families consulted either in person or through online video call as stakeholders and advocates for their children in case reviews to date in 2021 by county in tabular form; and if he will make a statement on the matter. [58783/21]

View answer

Gerald Nash

Question:

494. Deputy Ged Nash asked the Minister for Health the services now available to children with disabilities who are not on the caseload of the new children's disability network teams; and if he will make a statement on the matter. [58784/21]

View answer

Written answers

I propose to take Questions Nos. 493 and 494 together.

As these are service matters, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Question No. 494 answered with Question No. 493.
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