Wednesday, 19 Jan 2022

Written Answers Nos. 1312-1330

An Garda Síochána

Questions (1312)

Peadar Tóibín

Question:

1312. Deputy Peadar Tóibín asked the Minister for Justice the number of females and males respectively, murdered in the State in the past ten years. [2196/22]

Written answers

Minister for Justice

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produce these statistics using data recorded on An Garda Síochána’s PULSE system and make regular releases under reservation in relation to various crime statistics, including recorded and detected crime. The CSO continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.  

I can inform the Deputy that the CSO has released the below information under reservation. The table represents the category 'recorded crime incidents (murder, manslaughter, infanticide) by sex of victim'. 2020 is the most recent year for which complete statistics are available.

Year	2012	2013	2014	2015	2016	2017	2018	2019	2020
Males	47	48	46	29	40	32	36	30	32
Females	12	11	13	7	2	16	11	8	6
Total	59	59	59	36	42	48	47	38	38

 

An Garda Síochána

Questions (1313)

Peadar Tóibín

Question:

1313. Deputy Peadar Tóibín asked the Minister for Justice the number of persons under 18 years of age murdered in the State in each of the past ten years. [2197/22]

Written answers

Minister for Justice

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produce statistics using data recorded on An Garda Síochána’s PULSE system and make regular releases under reservation in relation to various crime statistics, including recorded and detected crime. The CSO continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.  

I can inform the Deputy that the CSO has released the below information under reservation. The table represents the category "Recorded crime incidents (murder, manslaughter, infanticide) by age of victim - under 18." 2020 is the most recent year for which complete statistics are available.

Year	2012	2013	2014	2015	2016	2017	2018	2019	2020
Total	3	5	4	1	6	5	3	3	7

Immigration Policy

Questions (1314)

Denis Naughten

Question:

1314. Deputy Denis Naughten asked the Minister for Justice if there are circumstances in which a stamp 3 is not reckonable for an application for citizenship; if a person takes up employment while on a stamp 3, if the stamp 3 continues to be reckonable for an application for citizenship; and if she will make a statement on the matter. [2202/22]

Written answers

Minister for Justice

The holder of a Stamp 3 immigration permission has permission to stay in Ireland for a specified period, subject to conditions. These conditions do not permit the holder to work or engage in any business, trade or profession, unless they have applied for and been granted a work permit by the Department of Enterprise Trade and Employment (DETE). In these circumstances, they would need to present at their local registration office and, when registering, apply for a change of status. 

The onus is on the person to familiarise themselves with the conditions attaching to their immigration permission, as non-compliance with any or all of the conditions attached to a permission to remain in the jurisdiction would be viewed as a matter of serious concern.  If they fail to adhere to those conditions their permission may not be renewed and they may be required to leave the country.

Time spent in the State on a Stamp 3 immigration permission is reckonable as residence when applying for citizenship by naturalisation. However, should the applicant not abide by the conditions applicable to their granted permission, this would have to be taken into account when examining the good character of the applicant in considering an application for citizenship or any other immigration permission. 

Immigration Policy

Questions (1315)

Catherine Connolly

Question:

1315. Deputy Catherine Connolly asked the Minister for Justice the steps a person can take to have an elderly dependent relative who is from a non-EEA country join them in Ireland particularly in cases in which the person does not have an after-tax income of €60,000; and if she will make a statement on the matter. [2205/22]

Written answers

Minister for Justice

If a person is an elderly relative of a non-EU/EEA or non-Swiss citizen and they wish to join their family member in Ireland, it may be open to them to apply for permission to reside under Stamp 0 conditions. 

Stamp 0 may only be granted if they can prove that their relative, in Ireland, can support them financially and otherwise. The financial requirements to allow a person to sponsor an elderly dependent relative are set out in Chapter 18 of the Non-EEA Family Reunification Policy Document available on my Department's Irish Immigration website (www.irishimmigration.ie).

The sponsor must hold an appropriate permission and must also be registered with immigration. Stamp 0 is subject to several conditions and limitations. For example, it does not allow the person to access any public services, such as health services or public hospitals.

It is of course entirely understandable that an Irish citizen or a non-EEA national lawfully resident in the State would wish to have their elderly parent residing with them so as to ensure their wellbeing as they get older and for the general enrichment of family life. However, it must also be acknowledged that the potential financial liability for the State of providing medical treatment, perhaps nursing home care and other services to an elderly person who is unable to support themselves is very considerable.

The Irish State is not in a position to take on financial responsibilities of this nature, and should not be expected to do so. However, each case must be viewed on its particular merits to see if there are circumstances that would warrant a positive decision. The onus must however be on the family to show that there is no viable alternative to the parent(s) coming to Ireland.

Given the level of risk, which cannot be fully mitigated by undertakings of financial support by family members, the financial thresholds for earnings to support an elderly dependent relative must be high enough to meet the foreseeable expense. Therefore, a sponsor of an elderly dependent relative will need to have earned in Ireland in each of the three years preceding the application an income after tax and deductions of not less than €60,000 in the case of one parent and €75,000 where two parents are involved. Where the elderly dependent relative has a guaranteed income into the future this can be used to partially offset the financial limits (bearing in mind however that a person with a sufficient personal income for their needs cannot reasonably be regarded as financially dependent).

Immigration Policy

Questions (1316)

Catherine Connolly

Question:

1316. Deputy Catherine Connolly asked the Minister for Justice the status of the implementation of measures to speed up processing times and to reduce the overall number of applicants in the international protection process; and if she will make a statement on the matter. [2214/22]

Written answers

Minister for Justice

My Department's overall objective is to have decisions made on applications from people seeking international protection as quickly as possible. This ensures that those who are found to be in need of protection in Ireland can receive it quickly and begin rebuilding their lives here with a sense of safety and security. 

However, efforts to improve processing times have been seriously impacted by Covid-19, which has reduced the output of decisions below that projected in advance of the pandemic.

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

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

An end-to-end review of relevant international protection processes by a multi-disciplinary team from my Department, has now been completed and published. Over the last number of months, my Department has implemented measures to assist in meeting its overall objectives in this regard and improve on efficiencies and case throughput.

One such measure is the careful identification of certain applications that may proceed without the need for an interview. While applicants for international protection are generally interviewed, the legislation allows a trained international protection officer to dispense with the interview if they are of the opinion that, based on the available evidence, the applicant is a person that should be granted a refugee declaration.

Other measures include the restructuring of teams within the International Protection Office (IPO) to allow for more efficient workflow, identification and streamlining of processes and ensuring that staff are directed to the areas where they can add most value.

A case management function has been implemented to have oversight of applications and ensure they are moved through the process without unnecessary delay. Additional staff have also been trained to conduct interviews, which has increased interviewing capacity, and a revised, “plain English” approved, shorter international protection questionnaire is in place since 28 June 2021, and is available in a wide selection of languages. Applicants can also now fill in the questionnaire online and submit it by e-mail to the IPO. The online questionnaire is currently available in English, French and Arabic, with more languages to follow.

Furthermore, as I announced recently, the Government's Regularisation Scheme for Undocumented Migrants will include a parallel process to implement the recommendation included in the Report of the Expert Advisory Group.  Applicants who have an outstanding international protection application and have been in the asylum process for a minimum of two years will be invited to apply for consideration under a separate strand of the Scheme.

My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times. Based on the outcome of that review, we will decide by the end of this year whether additional measures are required in order to ensure that the new system can come into operation without the overhang of any significant number of legacy cases. 

An Garda Síochána

Questions (1317)

Neale Richmond

Question:

1317. Deputy Neale Richmond asked the Minister for Justice the role An Garda Síochána can play in ensuring safety on public transport; and if she will make a statement on the matter. [2217/22]

Written answers

Minister for Justice

I fully appreciate the concerns which members of the public have with regard to anti-social behaviour and criminal activity on public transport. It is essential that the public both feel safe and are safe while making use of transport services.

As the Deputy may be aware, Garda management engages extensively with transport operators - including the National Transport Authority, Irish Rail (DART and InterCity rail) and Transdev Ireland (Luas) - to provide a high visibility presence on public transport through a coordinated approach. 

I am informed by the Garda authorities that a range of regional and local operations have been put in place to prevent and detect criminal activity and anti-social behaviour on public transport. For example, Operation Twin Track was a Community Engagement and Rail Safety Policing Initiative conducted by Gardaí in partnership with other public transportation stakeholders, with the purpose of providing high visibility policing of rail and light rail transport within the Dublin Metropolitan Region (DMR) and nationwide, and to deliver crime prevention advice. 

A multi-agency review was conducted to examine the effectiveness of this operation and it was agreed that An Garda Síochána will continue to proactively engage with public transportation stakeholders and providers to conduct further similar operations. 

I have been advised by the Garda authorities that each Chief Superintendent in Dublin has put in place a dedicated policing plan to tackle anti-social behaviour on public transport.  Gardaí are conducting both overt and covert patrols of various public transport networks to address incidents of anti-social behaviour or any other offences. 

A number of operations have taken place across the DMR, including during the Halloween period in 2021, involving high visibility patrols of public transport on Dublin Bus, LUAS and DART services to prevent and detect incidents of anti-social behaviour. This includes ensuring the security and safety of Irish Rail staff and passengers, preventing criminal damage to trains by graffiti, and identifying and prosecuting offenders engaged in defacing trains. 

Immigration Policy

Questions (1318)

Neale Richmond

Question:

1318. Deputy Neale Richmond asked the Minister for Justice the efforts that are being made to streamline and speed-up the immigration system; and if she will make a statement on the matter. [2218/22]

Written answers

Minister for Justice

The Covid-19 pandemic has had a significant impact on my Department's immigration service delivery.  In line with public health advice, my Department has implemented a suite of measures to help reduce the spread of the virus. This has unavoidably led to a reduction in processing capacity across many business areas. However, it is important to say that applications have continued to be accepted and decisions issued at all times during the pandemic.

My Justice Plan 2021 commits to developing a fully digital, customer-centric immigration service and to enhance the efficiency of our immigration system. In line with these commitments, a number of actions have been taken to reduce the impact on immigration processing times, including the introduction of online applications, a new customer service helpdesk and a new customer-focused immigration website. 

As a result of the introduction of the temporary statutory declaration process in January 2021, and the additional staff assigned to the citizenship team, last year, 11,512 citizenship decisions were delivered, significantly exceeding the levels achieved in the last two years. 

Since 1 January 2022, new applicants for citizenship 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. This is also freeing up valuable staff that up to now have been engaged in returning passports to applicants and will also help to reduce processing times. 

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 to between 6-9 months for a majority of applications during 2022.  

My Department's Registration Office has also had to reduce the number of in person appointments that can be offered by 50% because of public health restrictions. The Public Office has unfortunately been closed during the highest level of public health restrictions, for the safety of our customers and staff. To mitigate these closures and restricted services, nine temporary extension of immigration permissions have been provided for the benefit of our customers, the most recent to 31 May 2022. 

To help meet the existing demand for first-time registration appointments in the Dublin region, my Department introduced a new Freephone telephone booking system on 10 January 2022, to ensure those who need an appointment can access one. In the first four days of operation, over 1,700 customers have received appointments booked through this Freephone service.  A new online booking system will also be launched early in 2022, which will improve appointment delivery direct to our customers. 

My Department and in particular staff of our frontline immigration services are doing all that we can to continue to provide a quality service to our customers during this unprecedented period.  The situation will continue to be monitored, in the weeks and months ahead in order to maintain and further improve on service delivery to our customers.

Mental Health Policy

Questions (1319)

Patrick Costello

Question:

1319. Deputy Patrick Costello asked the Minister for Justice if she will provide an update on and timeline for the Programme for Government commitment to establish a high-level cross Departmental and cross agency taskforce to consider the mental health and addiction challenges of those imprisoned, and primary care support on release; and if she will make a statement on the matter. [2283/22]

Written answers

Minister for Justice

I am pleased to say that considerable progress has been made on meeting the Programme for Government commitment to establish a high-level cross Departmental and cross agency taskforce to consider the mental health and addiction challenges of those imprisoned, and primary care support on release. 

Last April, the Minister for Health and I, together with Minister of State Frank Feighan and Minister of State Mary Butler, established a High Level Taskforce (HLTF) to consider the mental health and addiction challenges of persons interacting with the criminal justice system.  The Taskforce has already met on seven occasions and has established three expert subgroups on diversion, capacity issues in the Irish Prison Service and National Forensic Mental Health Services, and community issues including through-care from release. Each of the subgroups is comprised of relevant experts, and chaired by high ranking officials from the criminal justice sector, with the health leads represented and contributing to all. The subgroups have each met on at least eight occasions. The Chair of the HLTF has also held meetings with subgroup chairs, and officials from both Departments on an ad hoc basis.

The interim report from the Task Force was completed and submitted for the information of the Minister for Health and I on 22 November 2021.

The Task Force has also received presentations from the Irish Penal Reform Trust and Crowe Consulting on the comprehensive Health Needs Analysis embarked on by the Prison Service.  

In addition, a meeting with the Mental Health Commission also took place on 2 December 2021.

A key commitment of the HLTF’s terms of reference is the delivery of a high-level implementation plan for any required actions arising from the groups work. The HLTF has taken three thematic focuses which it considers capture the entirety of an individual’s interactions with the criminal justice system, these are:

1. diversion of individuals with mental health difficulties and addiction/dual diagnosis issues away from the criminal justice system,

2. the capacity of the Irish Prison Service and the National Forensic Mental Health Service, and

3. community issues including through care from custody.

In examining issues and performance across each of these themes, the HLTF hopes to be able to make positive changes at each point, before formal engagement in the criminal system, supporting rehabilitation of those in custody and ensuring the most successful reintegration into society.

The Taskforce is aiming to provide this high level implementation plan for its recommendations early in 2022.

 

Immigration Policy

Questions (1320)

Bernard Durkan

Question:

1320. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed by a person (details supplied) who currently holds a stamp 4 visa and has applied for Irish citizenship; and if she will make a statement on the matter. [2286/22]

Written answers

Minister for Justice

From the details supplied by Deputy, it is unfortunately not possible to determine the nationality of the non-EEA spouse referred to. Any person that is unsure as to whether they require a visa/preclearance to enter Ireland can check their nationality on the list available on my Department's immigration website (www.irishimmigration.ie) to determine if they need to apply for a visa prior to travelling to Ireland.

Any person that wishes to come to Ireland to reside for longer than 3 months with their non EEA family member must, if they are a visa-required national, be granted a long stay (join family) visa in order to travel to Ireland.

A comprehensive statement of national immigration policy on family reunification is contained in the Policy Document on Non-EEA Family Reunification. This policy document is available on the immigration website. The policies outlined in the Document apply to all decision making in relation to family reunification cases where ministerial discretion applies including long stay (join family) visa applications.

Further details on how to apply for a visa and the requirements for same are available on: www.irishimmigration.ie. 

Question No. 1321 answered with Question No. 1179.

Public Sector Staff

Questions (1322, 1323, 1325)

Cathal Crowe

Question:

1322. Deputy Cathal Crowe asked the Minister for Justice the number of public sector workers under her remit by sectors (details supplied) in each of the local electoral areas in County Clare in tabular form; and if she will make a statement on the matter. [2352/22]

Violet-Anne Wynne

Question:

1323. Deputy Violet-Anne Wynne asked the Minister for Justice the number of public sector workers under her remit in each of the local electoral areas in County Clare in each of the years 2016 to 2021, in tabular form under headings (details supplied); and if she will make a statement on the matter. [2372/22]

Michael McNamara

Question:

1325. Deputy Michael McNamara asked the Minister for Justice the number of public sector workers under her remit in each of the local electoral areas in County Clare in each of the years 2016 to 2021, in tabular form under headings (details supplied); and if she will make a statement on the matter. [2390/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 1322, 1323 and 1325 together.

I can advise the Deputy that the Department of Public Expenditure and Reform will be providing the number of civil service workers in County Clare in their response to this question and this will include civil servants in justice sector agencies other than An Garda Síochána.

The table below sets out the number of Garda members and staff in County Clare in each of the years 2016 to 2021.

Year	Number
2016	323
2017	340
2018	351
2019	351
2020	359
2021	362

It should be noted that the boundaries of the individual Garda Districts/Divisions are set by the Garda Commissioner with regard to the operational needs of An Garda Síochána and therefore do not match or conform to the boundaries of the local electoral areas.

 

Question No. 1323 answered with Question No. 1322.

Legal Aid

Questions (1324)

Seán Haughey

Question:

1324. Deputy Seán Haughey asked the Minister for Justice if she will revise the income guidelines to qualify for free legal aid; if she will extend the list of expenses which can be considered when determining eligibility for this service to include a wide range of other household and cost of living expenses (details supplied); and if she will make a statement on the matter. [2368/22]

Written answers

Minister for Justice

As you will be aware, I am committed to undertaking a review of the Civil Legal Aid Scheme and my Department is currently working to finalise the mode and terms of reference of the review.

As part of the review process, it is intended that there will be significant consultation to ensure that the insights of a range of stakeholders regarding the operation of the scheme – and how best to support those of insufficient means with legal needs – will inform the work of the Review Group. One of the areas which may be considered in the review is eligibility for civil legal aid. The review may also contain a research element which could, among other things, identify international approaches to supporting people with legal assistance needs.

Since the Civil Legal Aid Scheme was established over 40 years ago, Irish society has changed and the demands on the Scheme have grown. In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the Scheme is now timely.

Ultimately the review should map out a future for the Civil Legal Aid Scheme; one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of insufficient means.

Dependent on finalisation of the approach and confirmation of membership, it is envisaged that the Review Group will commence its work early this year.

Question No. 1329 answered with Question No. 1179.

Question No. 1330 answered with Question No. 1189.

Question No. 1325 answered with Question No. 1322.

Question No. 1326 answered with Question No. 1179.

Question No. 1327 answered with Question No. 1179.

Question No. 1328 answered with Question No. 1179.