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Wednesday, 19 Jan 2022

Written Answers Nos. 1176-1192

Further and Higher Education

Questions (1178)

Holly Cairns

Question:

1178. Deputy Holly Cairns asked the Minister for Further and Higher Education, Research, Innovation and Science the steps he is taking to expand the eduroam network to all towns and villages in County Cork. [2591/22]

View answer

Written answers

In the context of the shift to online teaching and learning that has arisen from the public health restrictions, it is a significant priority for me to provide support to students to facilitate connectivity, and to examine options designed to seek to minimise the extent to which connectivity challenges act as a barrier to full participation in higher and further education.

Rollout of the eduroam network is a major component of that endeavor. The eduroam project team and HEAnet, who are the national operator for eduroam in Ireland, have been doing excellent work in rolling out eduroam across the country. The following represents the status of eduroam in Ireland as of 12 January 2021:

Public Libraries

eduroam is now live at 162 libraries in 29 county and city councils

Locations added recently: Longford (Drumlish, Edgeworthstown & Lanesborough), Wicklow (Wicklow Town)

eduroam is due to be provisioned at additional Libraries in a number of counties

For example: Wicklow, Waterford & Tipperary

In discussion with Laois county libraries re the possibility of making eduroam available at their public libraries

National Museum

- Meeting with the National Museum to review deployment of eduroam at their five (05) sites

- The National Museum are currently upgrading/installing Public Wi-Fi at these locations

- Looking to enable eduroam initially at their Swords collections site in early 2022

- Will then enable at the remaining sites 

Transport

- eduroam is available on five Dublin Bus routes (4, 9, 13, 39 & 46A)

- We are working to make eduroam available on additional Dublin Bus routes (C3 & C4 routes to Maynooth) 

Commercial Locations

- eduroam is now available at Ireland West (Knock) Airport

- eduroam is now available at a small number of Gourmet Burger Kitchen restaurants (03) and Costa Coffee shops (02) locations

BCPs (Broadband Connection Points)

- The interconnect between Vodafone and HEAnet is up and running

- We are currently testing the configuration at a BCP location

HEAnet have made significant progress in expanding eduroam Wi-Fi in County Cork beyond the traditional campus locations to areas within the wider community. In addition to on-campus locations such as UCC and MTU, eduroam is currently available in 43 off-campus locations in County Cork. 

Cork City  

- 10 Public Libraries: Bishopstown, Blackpool, Cork City & County Archives, Hollyhill, Mayfield, Tory Top, Glanmire, Blarney, Ballincollig & Douglas 

- 04 Public Spaces:?City Hall, City and County Archives, Lifetime Lab & Fitzgerald Park 

- 01 GAA:? Páirc Uí Chaoimh Conference Centre 

Cork County 

- 21 Public Libraries:?Ballyvourney, Bandon, Bantry, Carrigaline, Castletownbere, Charleville, Clonakilty, Cobh, Dunmanway, Fermoy, Kinsale, Macroom, Mallow, Midleton, Millstreet, Mitchelstown, Newmarket, Passage West, Schull, Skibbereen & Youghal 

- 06 Public Spaces: Youghal Tourist Plaza and Quay, Spike Island, Mallow Castle, Macroom Square, Bantry Square & County Hall Campus 

- 01 Commercial Free Wi-Fi: Kinsale Town: Market Square, Town Square, Emmet Place, Pearse Street, Main Street, Main Town Car Park, Guardswell, The Glen & Pier Road 

HEAnet hope to continue expanding the service to many new locations that would benefit students, such as town centres, transport services, and commercial locations. The current focus is on enabling eduroam at BCP (Broadband Connection Points) locations nationwide, which could allow students to access eduroam in approximately 15 new locations in County Cork. 

Our ambition is to make the eduroam service widely available, to as many students as possible, and HEAnet are keen to work with organisations that wish to include their public Wi-Fi in the eduroam service. 

Details of eduroam locations in Ireland are available here: www.eduroam.ie/eduroam-in-Ireland .

Immigration Policy

Questions (1179, 1198, 1200, 1203, 1210, 1215, 1216, 1228, 1251, 1257, 1258, 1259, 1267, 1285, 1299, 1321, 1326, 1327, 1328, 1329)

Gerald Nash

Question:

1179. Deputy Ged Nash asked the Minister for Justice her views on the policy issues raised by a person (details supplied) with regard to the criteria for the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [62953/21]

View answer

David Cullinane

Question:

1198. Deputy David Cullinane asked the Minister for Justice if she will address a matter raised in correspondence (details supplied) in relation to the undocumented scheme; and if she will make a statement on the matter. [63101/21]

View answer

Eoin Ó Broin

Question:

1200. Deputy Eoin Ó Broin asked the Minister for Justice her views on the case of persons who are on temporary visas whose cases are in the EU treaty department and who have been excluded from the proposed undocumented scheme; and if she will make a statement on the matter. [63118/21]

View answer

John Brady

Question:

1203. Deputy John Brady asked the Minister for Justice the details of the scheme announced by her Department that will allow asylum seekers, the undocumented and those on expired student permission to regularise their status in Ireland; and if she will make a statement on the matter. [63166/21]

View answer

Bernard Durkan

Question:

1210. Deputy Bernard J. Durkan asked the Minister for Justice the eligibility to apply to the new scheme for the undocumented in the case of a person (details supplied); and if she will make a statement on the matter. [63232/21]

View answer

Ivana Bacik

Question:

1215. Deputy Ivana Bacik asked the Minister for Justice her plans to expand the recently announced regularisation scheme for undocumented migrants in Ireland to include persons who previously held an EU treaty rights permission and who currently have a temporary permission to remain in Ireland; and if she will make a statement on the matter. [63294/21]

View answer

Aengus Ó Snodaigh

Question:

1216. Deputy Aengus Ó Snodaigh asked the Minister for Justice if persons who currently or previously held European Union treaty rights permission to reside in this State or temporary visas while awaiting the results of their application for residency rights will be granted the same certainty and regularisation of residency status that has been afforded to those without any permission who are now eligible for the scheme for undocumented migrants and their families; and if she will make a statement on the matter. [63303/21]

View answer

Catherine Connolly

Question:

1228. Deputy Catherine Connolly asked the Minister for Justice her plans to extend the criteria of the new regularisation scheme to persons living long-term in Ireland who previously held EU treaty rights permissions and are currently on a temporary permission to remain; and if she will make a statement on the matter. [63575/21]

View answer

Fergus O'Dowd

Question:

1251. Deputy Fergus O'Dowd asked the Minister for Justice if matters raised in correspondence by a person (details supplied) in relation to the undocumented scheme criteria will be addressed; and if she will make a statement on the matter. [1276/22]

View answer

Catherine Connolly

Question:

1257. Deputy Catherine Connolly asked the Minister for Justice her plans for the introduction of a regularisation scheme for temporary stamp 4 holders from the EU treaty review department who are living long-term in Ireland; and if she will make a statement on the matter. [1405/22]

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Catherine Connolly

Question:

1258. Deputy Catherine Connolly asked the Minister for Justice her plans with regard to temporary stamp 4 holders who previously held EU treaty rights permissions to allow the period spent on temporary visas to be considered as undocumented for the purposes of the recently announced regularisation scheme; and if she will make a statement on the matter. [1406/22]

View answer

Darren O'Rourke

Question:

1259. Deputy Darren O'Rourke asked the Minister for Justice the provision that will be made for certain undocumented migrants who wish to be regularised under the new scheme who have been in employment for many years but whose employer is not willing to provide confirmation or a reference of same; the information that will be sought or deemed acceptable to prove long-term residency; and if she will make a statement on the matter. [1430/22]

View answer

Paul Murphy

Question:

1267. Deputy Paul Murphy asked the Minister for Justice if her Department will withdraw the European Union treaty review applications and temporary stamp 4 in relation to temporary stamp 4 holders who will not be eligible for the undocumented scheme; if these persons will be added to the list of those included in the undocumented scheme; and if she will consider their time with revoked European Union treaty right permissions as undocumented. [1644/22]

View answer

Seán Canney

Question:

1285. Deputy Seán Canney asked the Minister for Justice if she will consider amending the undocumented scheme to provide assistance to the many non-EEA nationals who are living and working in Ireland long-term in vulnerable conditions having come to Ireland initially to work on a stamp 4 visa; and if she will make a statement on the matter. [1960/22]

View answer

Bernard Durkan

Question:

1299. Deputy Bernard J. Durkan asked the Minister for Justice the eligibility to apply for a new scheme for undocumented in Ireland in the case of a person (details supplied); and if she will make a statement on the matter. [2025/22]

View answer

John Lahart

Question:

1321. Deputy John Lahart asked the Minister for Justice if she will address a matter (details supplied) in relation to the criteria for undocumented migrants scheme. [2318/22]

View answer

Colm Burke

Question:

1326. Deputy Colm Burke asked the Minister for Justice if consideration will be given to amending the regularisation scheme for long-term undocumented migrants to ensure that those for whom European Union treaty right permission has been revoked and who have been placed on temporary visas will be eligible to apply for the scheme; and if she will make a statement on the matter. [2395/22]

View answer

Colm Burke

Question:

1327. Deputy Colm Burke asked the Minister for Justice the timeframe envisaged for applications to the regularisation scheme for long-term undocumented migrants to be processed and completed; and if she will make a statement on the matter. [2396/22]

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Colm Burke

Question:

1328. Deputy Colm Burke asked the Minister for Justice if consideration will be given to extending the deadline for the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [2397/22]

View answer

Colm Burke

Question:

1329. Deputy Colm Burke asked the Minister for Justice the steps she is taking to ensure that the undocumented in Ireland are made aware of the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [2398/22]

View answer

Written answers

I propose to take Questions Nos. 1179, 1198, 1200, 1203, 1210, 1215, 1216, 1228, 1251, 1257, 1258, 1259, 1267, 1285, 1299, 1321, 1326, 1327, 1328 and 1329 together.

The Regularisation of Long Term Undocumented Migrants Scheme will open for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The Scheme will only be open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status. 

The processing time will be determined by the number of applications received, as each application will be independently examined and assessed in relation to the scheme's criteria and the supporting documentation provided. Full details regarding the qualifying criteria and the required documentation for the Scheme is now available on my Department's website at: https://www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.  It is recognised that not everyone will have access to official documentation, and a list of different acceptable document types is available on the website. Further documents including a Frequently Asked Questions document and application guidance notes will be made available on the website in the coming days. 

People with an existing Deportation Order and people with expired student permissions will be able to apply, if they meet the minimum undocumented residence requirement.

All applicants must meet standards regarding good character and criminal record/behaviour and not pose a threat to the State. Having convictions for minor offences will not, of itself, result in disqualification.

Any applicant that is unsuccessful in their application will be able to appeal. That appeal will be considered by a different officer to the person who determined the original application unsuccessful. If a person does not wish to appeal, or if their appeal is also unsuccessful, they will be referred to the appropriate area in my Department’s Immigration Service for follow up in accordance with the relevant legislation and the European Convention on Human Rights (ECHR).

The fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for the scheme which, given the benefits involved, is quite a detailed process. A fee of €700 will generally apply to family unit applications and children up to 23 years, living with their parent(s), can be included in a family unit application. A fee of €550 will apply to individuals’ applications. There is no provision for the discretionary waiver or reduction of fees. 

In an effort to reach those migrant communities most likely to benefit from the scheme, my Department will engage in a targeted communications campaign prior to the opening date and during the six month application window.

International protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of 2 years will have a separate application process. Applicants will be contacted directly with further details at the appropriate time.

Any person who previously held an EU Treaty Rights (EUTR) permission and who currently has a temporary permission to remain while their application pursuant to the relevant legislation is under consideration or at review stage would not be considered as undocumented and therefore will not meet the criteria for the Scheme. If successful in their EUTR application, they will be granted a permission under the EU Regulations e.g. 5 years residence or permanent residence.  This includes those who currently have applications at EUTR review stage.

An Garda Síochána

Questions (1180)

Martin Browne

Question:

1180. Deputy Martin Browne asked the Minister for Justice if a new recruitment campaign for the Garda band will happen in quarter 1 of 2022. [62967/21]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all matters relating to the recruitment, training and appointment of its members.  This responsibility extends to members of the Garda Band.  As Minister, I have no role in these matters. 

As well as performing at official Garda and State functions, the band is dedicated to the development of good relations between An Garda Síochána and the community it serves. It achieves this through performance of a varied, entertainment-focused programme, which evolves to suit every audience, event or setting.  Many Garda Band concerts serve not only as Garda community relations events, but as essential fundraising opportunities for local communities, sports clubs and charities.

In mid 2020, the members of the Garda Band were temporarily transferred to frontline policing duties to assist with the implementation of, and monitoring of adherence to, COVID-19 restrictions. The temporary transfers remained in place until June 2021, when the band members returned to Garda Headquarters to resume band duties as the restrictions were lifted.  I understand that the Garda Band has been carrying out limited official and community based engagements since July 2021.

I am advised by the Garda authorities that An Garda Síochána are currently engaging with the Public Appointments Service (PAS) to recruit suitable Garda staff candidates to fill the vacancies which were previously undertaken by professionally trained musicians, who were also serving Gardaí.

Vacancies in the Garda Band, when they do arise, are advertised in the national media and on www.publicjobs.ie and are filled following an interview, test of musical ability, medical examination and character clearance.

An Garda Síochána

Questions (1181)

Martin Browne

Question:

1181. Deputy Martin Browne asked the Minister for Justice the number of new marked and unmarked Garda cars allocated to Tipperary Garda division in 2020 and 2021; and the number of cars withdrawn from the division during same period. [62968/21]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase and distribution of Garda resources. As Minister, I have no direct role in these matters.

I am advised by the Garda authorities that the purchase and allocation of Garda vehicles is made on the basis of identified operational demands and the availability of resources, and is reviewed on a continual basis.

I have been provided with the tables below by the Garda authorities, outlining the information requested by the Deputy.

Tipperary Division Allocations & Removals for 2021

 

Marked Cars

Unmarked Cars

Total

Allocated

7

4

11

Removed

3

6

9

Tipperary Division Allocations & Removals for 2020

 

Marked Cars

Unmarked Cars

Total

Allocated

10

6

16

Removed

5

0

5

Domestic Violence

Questions (1182)

Ivana Bacik

Question:

1182. Deputy Ivana Bacik asked the Minister for Justice if her attention has been drawn to research (details supplied) which shows an increase in domestic and financial abuse against older persons during the Covid-19 pandemic; and if she will make a statement on the matter. [62981/21]

View answer

Written answers

I thank the Deputy for raising this important issue, and can confirm I am aware of the research from Sage Advocacy and, indeed, was asked to launch the report recently. 

As the Deputy will be aware, in expectation of an increase in domestic violence at the start of the pandemic, gardaí launched Operation Faoiseamh to provide enhanced proactive support and protection to victims of domestic abuse.

This is an ongoing initiative designed to ensure victims of domestic abuse are supported and protected throughout the period. One measure of the success of this initiative was the increase in the number of files relating to domestic abuse going to the Office of the Director of Public Prosecution.

Launching the report from Sage Advocacy, among the findings that struck me was that older people and vulnerable adults were victims of crime but did not always have their voices heard and did not know where to turn for help.

The way our system has historically treated vulnerable victims of crime has, quite simply, not been good enough. The system didn’t protect them from further trauma. It is not surprising that this has, in the past, deterred people from coming forward. I also noted that among the findings in the report, victims in some instances “felt unsupported” when they did come forward.

I am absolutely determined to change this. One of my priorities as Minister for Justice is introducing the important reforms necessary to ensure our criminal justice system is more victim-centred.

Last year I launched Supporting a Victim’s Journey which is an ambitious plan of reforms and improvements to better support and protect vulnerable victims who engage with our criminal justice system. I am committed to implementing this plan in full.

To date, a number of key actions have been delivered including:

- Work to advance the training for all personnel who come into contact with vulnerable victims is underway;

- The University of Limerick has been commissioned by my Department to develop the framework for the operation and training of intermediaries. Intermediaries will be used to impartially facilitate communication with vulnerable people in the justice system;

- Divisional Protective Services Units have been rolled out nationwide. Their presence will ensure that vulnerable victims of crimes such as domestic and sexual violence are met with a consistently high standard of specialist, sensitive, professional and expert assistance from An Garda Síochána.

A review of the supports and funding of civil society organisations providing frontline services has also been conducted to identify where gaps may exist and how to bridge them.

Specific geographical areas and categories of victims which were not adequately covered by NGO supports were identified and at the end of last year, I announced extra funding for a number of organisations so they can address the gaps identified. This will help these organisations support victims, primarily by increasing phone line hours, counselling hours, and increased court accompaniment.

Separately, under Budget 2022, €4.9m is being allocated to supporting Victims of Crime. This includes the retention of emergency COVID-19 funding of €400,000 to address the impact of the pandemic on domestic violence services and an additional €785,000 in direct supports to NGOs and specific domestic violence intervention programmes.

Last year my Department published a new and expanded Victims Charter and set it out on a new website which sets out the rights of victims of crime and helps them find the services they need.

My Department is also working to raise awareness of the rights provided in the Victims of Crime Act 2017 online and off-line. This includes information on a range of topics such as how to make a report and what to expect if you are called to be a witness in a trial, what happens when the trial is over, and so on.

I know how important it is that this information is available in an off-line setting to ensure it is accessible to everyone and printed material is being distributed for display in certain public locations around the country.

In addition, various digital and printed elements are being translated into Irish and a number of other languages widely-used in Ireland to make sure it reaches all of our communities. We will soon begin working with frontline organisations to look at adapting our messaging as necessary to bring these initiatives to marginalised groups in Irish society.

Separately, my Department will soon be inviting partners to a newly established Victims’ Forum for state, social and community groups. This will allow groups to come together to facilitate information exchange and examine ways we can improve in relation to promoting awareness and understanding of victims’ rights

I am confident these initiatives will ensure that victims of crime will be supported, that they will know where to go for help, what to expect from their engagement with the system, what their rights are and the supports that are available at every step in the process.

Deportation Orders

Questions (1183)

Chris Andrews

Question:

1183. Deputy Chris Andrews asked the Minister for Justice if transfer orders will be enforced during the Covid-19 pandemic other than in circumstances in which there are national security or serious public policy concerns in line with the stance taken with deportation orders in view of the growing concerns over Covid-19 and travel restrictions. [62997/21]

View answer

Written answers

As the Deputy will be aware, the Dublin III Regulation determines which EU Member State is responsible for examining international protection applications of non-EEA nationals. It is based on the principle that the first Member State to facilitate entry into the EU, is responsible for examining an application for international protection.

The objective of the Dublin Regulation is to ensure quick access to asylum procedures. Since March 2020, ten applicants for international protection have been transferred to other EU Member States in order to expedite their application for protection.    

Transfers to other EU Member States, in line with the Dublin III Regulations, continue to operate within the COVID-19 public health guidelines. 

Visa Applications

Questions (1184)

John Lahart

Question:

1184. Deputy John Lahart asked the Minister for Justice her views on the fact that the operators of unregulated websites are earning thousands of euro by block booking appointments on the State’s online visa system; and if she will make a statement on the matter. [63007/21]

View answer

Written answers

My Department is aware that there have been issues in the past around the securing of registration appointments and has continually introduced software fixes designed to improve the system. These new measures have been partly successful in preventing the block booking of appointments by third party agents.  

However, some third party agents continue to provide appointment booking services in return for payment on the basis that the person provides them with their personal details in advance. My Department strongly advises against this practice of providing sensitive and personal data to unregulated and unknown third parties.  

As a result of the unavoidable delays that have resulted from closures and the reduced capacity of the Registration Office during Covid-19, a high number of customers are now coming forward to seek an appointment. When the office is open, 50% of normal capacity or 200 first time registration appointments are permitted every day in the Registration Office of my Department. This is the maximum allowed under current public health guidelines, which are strictly adhered to for the safety of all staff and customers alike.

As part of my Department’s ongoing work to meet the current unprecedented demand for first-time registration appointments, on 10 January 2022, a Freephone service (0800 741 741) was introduced for customers. It is currently operating 12 hours a day from Monday to Friday (8am to 8pm) and 8 hours a day on Saturday and Sunday (9am to 5pm). There are between 15 and 20 customer service representatives taking calls and making appointments. All appointments for persons to register their immigration permission  are now issued through this service, with operators offering one appointment per call, unless it is for an identifiable family group.

In the first week of operation, over 2,000 customers have received appointments booked through the Freephone service. On average, more than 425 customer appointments are confirmed each day and registration will take place as soon as possible.

The Registration Office’s customer service team is available to support customers who may have language difficulties or may need assistance with translation. A number of multi-lingual videos describing the registration process and what to expect are available on our website www.irishimmigration.ie.

A new Immigration Service appointment and scheduling system, which will streamline and further improve the registration process, is currently being developed and is expected to be available to customers shortly.

Dublin based customers seeking to renew their permission can continue to do so online at  https://inisonline.jahs.ie/user/login.

Citizenship Applications

Questions (1185)

Jackie Cahill

Question:

1185. Deputy Jackie Cahill asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [63009/21]

View answer

Written answers

The application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible. If further documentation is required it will be requested from the applicant in due course.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process.  In some instances, completing the necessary checks can take a considerable period of time.

In some instances, the input of several public agencies, both within and outside the jurisdiction is needed and the request and receipt of information from these sources can result in delays in processing some applications. Issues can also arise at the final stage of the naturalisation process, for example, where additional information comes to light which is required to be considered before a final decision is taken.  

Legislative Programme

Questions (1186)

Patrick Costello

Question:

1186. Deputy Patrick Costello asked the Minister for Justice the progress of the preparation of the heads of the independent commission on information retrieval Bill as included in the 2021 autumn legislative programme; and if she will make a statement on the matter. [63015/21]

View answer

Written answers

The Stormont House Agreement, concluded by the two Governments and the Northern Ireland Parties in December 2014, provides for a framework of measures to address the legacy of troubles-related violence in Northern Ireland. 

The framework of measures agreed include the establishment of the Independent Commission on Information Retrieval (ICIR). The ICIR is to be an independent international body with the objective of enabling families to seek and privately receive information about the troubles-related deaths of their next of kin.  

Given the cross-border nature of the ICIR, in September 2015, the Government signed an International Agreement with the British Government on the establishment of the Independent Commission for Information Retrieval (ICIR).  The development of proposals for legislation to establish the ICIR in this jurisdiction have been progressed, in close cooperation with the Department of Foreign Affairs,  and Heads of Bill well advanced. However, ICIR will require legislation to be enacted in both jurisdictions with parallel provisions in order for it to come into effect, which is presenting a particular difficulty at the current time. 

As the Deputy will appreciate, efforts to advance the Stormont House Agreement legacy provisions have unfortunately been affected by the UK Government’s recent command paper on legacy published in July which represents a radical departure from the Stormont House Agreement. 

This Government remains committed to the Stormont House framework as the way forward on legacy issues, and where the British Government are proposing significant changes to the framework, we have made clear that these must be discussed and agreed by both Governments and the parties to the Northern Ireland Executive. Only through a collective approach can we hope to deal with these issues comprehensively and fairly, and in a way that listens and responds to the needs of victims and survivors, and society as a whole.

As agreed at the British Irish Intergovernmental Conference on 24 June, the Government joined the British Government and the political parties in Northern Ireland in a process of engagement on these issues.

The Government will continue to engage and work with the British Government and the parties represented on the Northern Ireland Executive on this very important issue. 

Parole Boards

Questions (1187, 1188)

Jim O'Callaghan

Question:

1187. Deputy Jim O'Callaghan asked the Minister for Justice when the new Parole Board will commence its operation and functions under the Parole Act 2019; and if she will make a statement on the matter. [63019/21]

View answer

Jim O'Callaghan

Question:

1188. Deputy Jim O'Callaghan asked the Minister for Justice when she plans to extend the powers of the Parole Board to persons convicted of sentences other than life sentences; and if she will make a statement on the matter. [63020/21]

View answer

Written answers

I propose to take Questions Nos. 1187 and 1188 together.

As the Deputy is aware, the Parole Board, as provided for under the Parole Act 2019, was established on the 31 July 2021. The Board is an independent statutory body entirely separate from its predecessor.   

A significant amount of work has already been undertaken since the Parole Board was established.

The parole process provided for by the Act consists of a number of steps that must be complied with before a review of a given case can occur. Information on the process has been provided to applicants and is widely available throughout the prisons estate generally. 

Under the Act, both victims and parole applicants may have access to legal representation. For the first time, victims of the crimes of a given parole applicant have a formal right to make submissions to the Parole Board in relation to an application for parole and victims can avail of legal representation to assist with this. This, I believe, represents an important step forward in recognising the rights of victims in the cases heard. 

I am advised that in this regard the Parole Board has established a Legal Aid Scheme and formed a panel of suitably qualified solicitors and barristers to provide legal assistance where the relevant parties express a desire for this.

I am further advised that in addition to this, a considerable amount of preparatory work has been undertaken by the Board relating to the new processes, applications and corporate governance. I understand that the Board intend to begin making decisions on applications early this year.  

While the new statutory Parole Board will considerably improve the system as it currently operates, the model set out in the Parole Act 2019 is complex, and requires a significant amount of planning. As the Deputy will be aware, at present the provisions of the Parole Act 2019 apply to a person serving a sentence of imprisonment for life. To date, no regulations have been made pursuant to s. 24(3) of the Parole Act 2019 to provide for the eligibility of those prisoners serving a sentence of eight years or more. These prisoners are currently being managed on an administrative basis by the Prison Service. I can inform the Deputy that I will consult with the Parole Board in due course about any proposed regulations to be made under Section 24(3).

Finally, the Deputy may wish to note that the Parole Board website is also now live and can be accessed using the address www.gov.ie/paroleboard. 

Question No. 1188 answered with Question No. 1187.

International Agreements

Questions (1189, 1190, 1330)

Jim O'Callaghan

Question:

1189. Deputy Jim O'Callaghan asked the Minister for Justice when the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment will be ratified by Ireland; and if she will make a statement on the matter. [63023/21]

View answer

Jim O'Callaghan

Question:

1190. Deputy Jim O'Callaghan asked the Minister for Justice when the inspection of places of detention Bill will be introduced in the Houses of the Oireachtas; and if she will make a statement on the matter. [63024/21]

View answer

Catherine Connolly

Question:

1330. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 347 of 10 December 2020, the status of the ratification by Ireland of the Optional Protocol to the Convention Against Torture; and if she will make a statement on the matter. [2453/22]

View answer

Written answers

I propose to take Questions Nos. 1189, 1190 and 1330 together.

As the Deputy may be aware, Ireland signed the Optional Protocol to the UN Convention against Torture (OPCAT) but has yet to ratify this treaty.

Ireland has, of course, already signed and ratified the Convention itself. The Protocol provides for the establishment of bodies known as National Preventive Mechanisms (NPMs) which would inspect facilities where people can be held involuntarily.

The Programme for Government includes a commitment to ratify OPCAT and my Department is leading on the development of the legislation needed to facilitate the introduction of a multiple institution NPM model in this State which will allow for the ratification of OPCAT.

To this end, the General Scheme of Inspection of Places of Detention Bill is currently being drafted and I expect to be in a position to submit it to Government in the first quarter of this year. If approved, it will then be referred for drafting in the normal course.

Question No. 1190 answered with Question No. 1189.

Prison Service

Questions (1191)

Jim O'Callaghan

Question:

1191. Deputy Jim O'Callaghan asked the Minister for Justice when a new prisoner complaints system will be put in place; and if she will make a statement on the matter. [63025/21]

View answer

Written answers

I wish to advise the Deputy that substantial work has been completed on the necessary actions to introduce the new Prisoner Complaints System, including on staff training, the development of an integrated IT system to support case handling and a draft policy for complaints handling.

The critical path for the introduction of the new system includes the drafting of the Statutory Instrument to support a legally sound administrative process and to amend the prison rules.

My officials and the Prison Service continue to engage with the Office of the Parliamentary Counsel with a view to completing work on the Statutory Instrument which will give legal effect to the new Prisoner Complaints System.

They are also continuing to engage with the relevant stakeholders, including the Office of the Ombudsman, with regard to the introduction of the new complaints system and in preparation for its future operation.

Prison Service

Questions (1192, 1193)

Jim O'Callaghan

Question:

1192. Deputy Jim O'Callaghan asked the Minister for Justice when the monitoring report into the monitoring visit of a place of detention in April 2020 will be published; and if she will make a statement on the matter. [63026/21]

View answer

Jim O'Callaghan

Question:

1193. Deputy Jim O'Callaghan asked the Minister for Justice when the special investigation report completed in 2020 will be published; and if she will make a statement on the matter. [63027/21]

View answer

Written answers

I propose to take Questions Nos. 1192 and 1193 together.

The Office of the Inspector of Prisons is a statutory body, independent in how it carries out its work, set up under the Prisons Act 2007. The Inspector's key role is to carry out regular inspections of prisons. 

The Inspector of Prisons three day monitoring report of Mountjoy Women’s Prison (Dóchas Centre) was received in my office in August 2020.  This report has been held for further consideration pending the completion by the Inspector of a report being carried out under section 31(2) of the Prisons Act 2007 in relation to matters concerning the Dóchas Centre.

The Inspector has indicated that she is currently finalising this investigation report and I expect to receive the final report shortly. It is my intention to consider both of these reports as well as their  publication together in due course. 

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