Wednesday, 19 Jan 2022

Written Answers Nos. 1244-1260

Gangland Crime

Questions (1244)

Claire Kerrane

Question:

1244. Deputy Claire Kerrane asked the Minister for Justice the number of prisoners who are members of organised criminal gangs; and the number who are due to be released from prison custody in 2022. [1184/22]

Written answers

Minister for Justice

I am advised by my officials in the Irish Prison Service that there are currently 124 prisoners in custody associated with known organised criminal gangs currently serving a sentence or awaiting trial, of which 18 are due for release in 2022. The Deputy will wish to note that this figure excludes the subversive prisoners in Portlaoise Prison.

In addition there are 70-80 prisoners who are associates of these prisoners but are not known to be officially aligned to organised gangs.

Membership or allegiance of these criminal groups fluctuates on a continuous basis with some persons breaking links and others becoming affiliated on a daily basis.

It is also the case that prisoners will not always declare their affiliation to certain groupings and it is therefore not possible to provide definitive numbers in relation to the number of members of criminal groupings currently in custody.

It should also be noted that more than one criminal gang may group together under the umbrella of a particular group and in some instances some gangs may form splinter groups due to family or in house disputes.

Fines Administration

Questions (1245)

Claire Kerrane

Question:

1245. Deputy Claire Kerrane asked the Minister for Justice the number of Garda fines that were issued for parking in a disabled bay in 2020 and 2021; and the value of these fines by Garda division in tabular form. [1185/22]

Written answers

Minister for Justice

I am informed by the Garda authorities that the table below sets out by Garda Division the number of instances in which a party was issued with a Fixed Charge Notice for the offences of parking or stopping in a disabled bay.

The figures are based on six Fixed Charge Penalty offences related to stopping or parking in a disabled bay. All offences carry an initial fine value of €80.

FCNs issued for parking or stopping in a disabled bay

Garda Division	2020	2021
Cavan/Monaghan	70	80
Clare	32	28
Cork City	180	255
Cork North	77	56
Cork West	48	53
D.M.R. Eastern	36	35
D.M.R. North Central	280	243
D.M.R. Northern	142	368
D.M.R. South Central	208	323
D.M.R. Southern	100	78
D.M.R. Western	242	320
Donegal	83	45
Galway	192	207
Kerry	101	114
Kildare	223	329
Kilkenny/Carlow	66	101
Laois/Offaly	54	123
Limerick	300	434
Louth	84	150
Mayo	23	49
Meath	51	44
Roscommon/Longford	45	87
Sligo/Leitrim	31	50
Tipperary	73	107
Waterford	173	259
Westmeath	30	23
Wexford	93	105
Wicklow	62	77
Total	3099	4143

Figures are based on incidents which occurred from 01/01/2020 to 31/12/2021, inclusive.  All information contained in this report is based upon operational data from the FCPS system as was available on 10/01/2022 and is liable to change.

An Garda Síochána

Questions (1246)

Claire Kerrane

Question:

1246. Deputy Claire Kerrane asked the Minister for Justice the number of scramblers and quad bikes that were seized in 2020 and 2021 by Garda division in tabular form. [1186/22]

Written answers

Minister of State at the Department of Justice (Deputy James Browne)

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the recording of traffic offences, collisions and seizures of vehicles. As Minister, I have no direct role in these matters.

The Garda authorities have provided me with the information in the below table, relating to incidents involving quadbikes and scramblers for the period 1 January 2020 to 31 December 2021. It is important to note that all information contained in this report is based upon operational data from the Pulse system as was available on 11/01/2022 and is liable to change.

There were 122 incidents where a quadbike was seized or detained and 234 incidents where a scrambler was seized or detained from 2020-2021.

Figures under 10 are excluded from the data tables. For this reason, figures for vehicles seized or detained are provided only at a regional level. The regional breakdown is as follows. 

	2020-2021
Dublin Region	159
Eastern Region	50
North Western Region	45
Southern Region	102
Total	356

The above figures detail vehicles seized or detained. These include, but are not exclusively, those seized or detained under s41 of the Road Traffic Act.

Departmental Communications

Questions (1247)

Matt Carthy

Question:

1247. Deputy Matt Carthy asked the Minister for Justice when she expects to receive the final report of the scoping inquiry into the circumstances surrounding the death of a person (details supplied); and if she will make a statement on the matter. [1200/22]

Written answers

Minister for Justice

I wish to assure the Deputy that I recognise the ongoing pain and anguish of the O'Farrell family on the tragic death of Shane and I sincerely sympathise with them on their loss. As the Deputy will be aware, a highly respected retired Judge, Gerard Haughton, has been conducting a scoping exercise into the tragic circumstances surrounding Shane O'Farrell's death. The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.

My Department maintains regular contact with the Judge and has assured him that any assistance he requires to complete his final report will be made available. I am informed that Judge Haughton has most recently sought comments on various sections of his draft report from the parties named in it. This includes my Department and the Department has responded to this request. 

I also understand that Judge Haughton has been in touch with the O'Farrell family regarding this matter.

Following receipt of responses from all relevant parties, it is understood that Judge Haughton will be in a position to finalise his report. My Department will continue to provide all necessary assistance to the Judge, and I look forward to receiving his final report in due course.

Domestic Violence

Questions (1248)

Fergus O'Dowd

Question:

1248. Deputy Fergus O'Dowd asked the Minister for Justice the number of domestic violence incidents reported to An Garda Síochána in each of the years 2017 to 2021; the breakdown of these incidents by incident types (details supplied); and if she will make a statement on the matter. [1201/22]

Written answers

Minister for Justice

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

To be of assistance to the Deputy, I requested and received the information set out in the following table from An Garda Síochána:

Incident Type	2017	2018	2019	2020	2021
Breach of Barring Order	514	552	697	786	744
Breach of Emergency Barring Order	*	*	*	*	*
Breach of Interim Barring Order	62	82	143	137	144
Breach of Protection Order	902	1,139	1,365	1,971	2,101
Breach of Safety Order	1,066	1,262	1,522	1,451	1,683
Domestic Dispute - No Offence Disclosed	14,458	15,104	19,469	22,820	24,512

*Figure less than 10.

I am informed that figures were collated based on PULSE data as of 1:30 am on the 7th January, 2022.  They are operational and may be liable to change. Crime counting rules are not applied to reflect all recorded incidents. Figures less than 10 are not released due to data protection considerations.

Operation Faoiseamh, which commenced on 1 April 2020, is an initiative undertaken by An Garda Síochána for the purpose of providing enhanced proactive support to victims of domestic abuse. The Garda National Protective Service Bureau (GNPSB) oversees the implementation of this proactive initiative.

I can assure the Deputy that this Government is committed to tackling domestic, sexual and gender based violence in all its forms, and to supporting victims of this heinous crime.

As the Deputy will be aware, my Department is leading the development across government of the Third National Strategy on Domestic, Sexual and Gender Based Violence. This plan will outline how the government will radically improve services and supports for victims and will be the most ambitious plan to date.

My Department is also currently implementing Supporting a Victim’s Journey, our plan to help victims and vulnerable witnesses in sexual violence cases which I published last year. Its implementation will reform the criminal justice system at every point a victim comes into contact with it.

The increased funding of €5.35m secured under Budget 2022 will allow us to continue to build on the work undertaken in 2021 and enable us to roll out specific awareness raising and training programmes to combat domestic, sexual and gender based violence. It will also allow us to provide additional supports to NGOs and specific domestic violence intervention programmes and it will support a number of front line activities. We will continue to work to improve the system for victims and to better support them so they have confidence to reach out for help and report what has happened.

As part of this, an additional €1.1m will be used to put in place a legal advice and legal aid service in court for victims of sexual violence and €1 million is being provided to the Garda vote to refurbish and upgrade the Divisional Protective Service Units.

Domestic Violence

Questions (1249)

Fergus O'Dowd

Question:

1249. Deputy Fergus O'Dowd asked the Minister for Justice the number of persons convicted of breaching domestic violence orders; the number of cases which resulted in jail terms for the perpetrators in 2019, 2020 and 2021; and if she will make a statement on the matter. [1202/22]

Written answers

Minister for Justice

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 provision of information on the courts system. 

To be of assistance, I made enquiries with the Courts Service, who have informed me that they can only provide data where offence codes provided on the system were used by prosecutors.  Where prosecutors may have used free text, such offences would not be included in the data provided. 

The table below displays the number of offences and the number of persons in the District Court where convictions have been recorded for the time period requested.

Year	No. of offences where convictions were recorded	No. of persons convicted
Jan-Dec 2019	531	389
Jan-Dec 2020	547	393
Jan-Dec 2021	782	530
Total	1,860	1,312

The following table displays the number of court orders for imprisonments in the District Court. Please note that a person may receive more than one sentence of imprisonment e.g. a person may have more than one offence and received imprisonment on one offence and imprisonment suspended on the other offence.

	Jan - Dec 2019	Jan - Dec 2020	Jan - Dec 2021
Court Order	No. of Orders	No. of Orders	No. of Orders
Imprisonment	180	164	261
Imprisonment - Part Suspended	21	15	17
Imprisonment - Suspended	179	254	322
Total	380	433	600

I can assure the Deputy that tackling domestic, sexual and gender based violence is a top priority for me and for Government.

I am committed to placing victims at the centre of our criminal justice system, through the implementation of Supporting a Victims Journey. This is a detailed roadmap, which when implemented, will ensure we have a more victim-centred system that supports and empowers victims and gives them the confidence to engage with all services knowing they will be supported, informed and treated with respect and dignity by every person they come into contact with.

An Garda Síochána continue to develop their specialist services in this area. Divisional Protective Services Unit (DPSU) have been rolled out nationwide to provide a best practice service in relation to all domestic abuse incidents. Operation Faoiseamh which commenced on 1 April 2020 continues to provide enhanced proactive support and protection to victims of domestic abuse.

Domestic Violence

Questions (1250)

Fergus O'Dowd

Question:

1250. Deputy Fergus O'Dowd asked the Minister for Justice the number of persons convicted of coercive control in 2019, 2020 and 2021; and if she will make a statement on the matter. [1203/22]

Written answers

Minister for Justice

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 provision of information on the courts system. 

To be of assistance, I have made enquiries with the Courts Service on the number of persons convicted of coercive control in 2019, 2020 and 2021.

The Court Services advises that many of those offences have been sent forward for trial to the Circuit Court.  At this time, the system in use by the Courts Service in the Circuit Courts cannot produce reports for specific offences. The reports which are available are by offence category rather than for individual offences and categories of offences can contain multiple offences. Therefore it is not possible to provide the number of persons convicted in the Circuit Court.

The Court Service has provided statistics on the number of persons convicted in the District Court and the number of persons sent forward for trial to a Higher Court that were recorded in the District Court for the period Jan – Dec 2019, Jan – Dec 2020 & Jan – Dec 2021. That information is included in tabular form below. 

I am further advised that Courts can only provide data where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.

Year	No. of Persons Convicted in District Court	No. of Persons sent forward for trial from District Court to a Higher Court
Jan - Dec 2019	0	1
Jan - Dec 2020	1	4
Jan - Dec 2021	0	13
Total	1	18

As the Deputy will be aware, the landmark Domestic Violence Act 2018 recognises in law the devastating impact that coercive control has for those it is inflicted on.

A number of media reports recorded convictions for coercive control last year at Circuit Court level and I welcome those. The sentences handed down for the hideous crime of coercive crime will help convey the message that perpetrators cannot act with impunity and will change how as a society we view and tackle such heinous behaviour. The bravery of the victims in these cases is to be commended. It is hoped that as more convictions follow, other victims of coercive control will feel confident to come forward.

Question No. 1251 answered with Question No. 1179.

Citizenship Applications

Questions (1252)

Thomas Pringle

Question:

1252. Deputy Thomas Pringle asked the Minister for Justice the status of an application by a person (details supplied) for citizenship; the reason for the delay; when it is likely to be processed; and if she will make a statement on the matter. [1291/22]

Written answers

Minister for Justice

This application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

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. However, 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 addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In 2021, 11,512 citizenship decisions were delivered, 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.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: [e-mail], which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Departmental Communications

Questions (1253)

Michael Lowry

Question:

1253. Deputy Michael Lowry asked the Minister for Justice further to Parliamentary Question No. 282 of 9 December 2021, if she can arrange for officials in her Department to meet and speak to the applicant (details supplied) to explain the decision-making process relating to Irish associations; and if she will make a statement on the matter. [1347/22]

Written answers

Minister for Justice

An official from the Citizenship Division of my Department will contact the person referred to by the Deputy shortly to explain the decision making process relating to Irish Associations.

Please note that comprehensive information in relation to the citizenship criteria and the application process is also available on my Department's Irish Immigration website www.irishimmigration.ie and is updated on a regular basis.

Protected Disclosures

Questions (1254)

Peadar Tóibín

Question:

1254. Deputy Peadar Tóibín asked the Minister for Justice the purpose of the [e-mail] email account; the date upon which the email address was first publicised; the number of emails in the inbox of the email account; the number of emails sent by that email address; and the frequency with which the email account is monitored. [1375/22]

Written answers

Minister for Justice

I can advise the Deputy that the purpose of the [e-mail] email account is to provide a dedicated and confidential email address for staff in my Department who require further information about protected disclosures and for those who wish to make a protected disclosure by confidential email.

The [e-mail] was introduced in 2019 as a confidential communication channel for protected disclosure correspondence, and to encourage staff to raise concerns by confidential email. It was first published in the Department’s Protected Disclosures Annual Report for 2019 on 30 June 2020.  

Protected disclosures and related queries are also made through other channels and replied to by same.  Relevant correspondence in relation to such queries is copied to [e-mail] and does not require a reply from the account.

Emails to [e-mail] are monitored on a daily basis during normal working hours. The number of emails in the inbox of the account is 276, the number of emails in the outbox of the account is 112.

Protected Disclosures

Questions (1255)

Peadar Tóibín

Question:

1255. Deputy Peadar Tóibín asked the Minister for Justice the purpose of the [e-mail] email account; the date upon which the email address was first publicised; the number of emails in the inbox of the email account; the number of emails sent by that email address; and the frequency with which the email account is monitored. [1376/22]

Written answers

Minister for Justice

I can advise the Deputy that the Irish Prison Service is aware of its responsibilities and is proactive in fostering a culture of openness and accountability in which workers can report issues of concern or potential non-compliance with the Irish Prison Service values of integrity, teamwork safety, support and unlocking potential, without fear of repercussions.

The introduction of the ‘[e-mail]’ email was part of a comprehensive suite of measures and procedures brought in with a new Protected Disclosures Policy in July 2018. The specific email was introduced to support the principle of the policy objectives, to encourage staff to make Protected Disclosures at the earliest opportunity and to provide protection where such disclosures are made. It is also possible to make a disclosure in person by appointment with the Protected Disclosures Manager or in writing by sending the Protected Disclosure in a sealed envelope marked “Confidential: For the Protected Disclosures Manager” to PO Box 45, An Post, Main Street, Longford, Co. Longford.

The email address is used as the primary conduit of communication to engage with people who submit protected disclosures throughout the process. The email address is also used by the Protected Disclosures Manager and staff, to administer all aspects of Protected Disclosures which includes contract management, engaging with Transparency International Ireland, the external independent assessor, the external independent investigation teams, communicating with the Department of Justice and their external independent investigation teams for the investigation of protected disclosures made to the Minister by Irish Prison Service employees as provided under Section 8 of the Protected Disclosures Act.  It is estimated that there are 7,410 emails in total of which 2,582 of these are outgoing emails. 

Since 2018 there have been 24 allegations of wrongdoing received. Emails to [e-mail] are monitored on a daily basis during normal working hours. The Protected Disclosures Manager and two support staff have access to the email address.

Departmental Reviews

Questions (1256, 1286)

Catherine Murphy

Question:

1256. Deputy Catherine Murphy asked the Minister for Justice if she will initiate a review of the procedure in which the Director of Public Prosecutions delegates low-level prosecutions at District Court level to gardaí; and the plans she has to meet with the Director of Public Prosecutions and the Garda Commissioner on this matter. [1393/22]

Pádraig MacLochlainn

Question:

1286. Deputy Pádraig Mac Lochlainn asked the Minister for Justice her plans to implement a recommendation (details supplied) from the 2018 report, The Future of Policing in Ireland. [1970/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 1256 and 1286 together.

As the Deputy will be aware, the Director of Public Prosecutions is an independent law officer under the provisions of the Prosecution of Offences Act 1974 (as amended), and the Director is fully independent in their functions. As Minister, I play no role in the Office of the Director and am unable to initiate any review into the operations, policies or procedures of the Office of the DPP as a result. As the Deputy will also be aware, a number of offences are provided for on the statute book where summary prosecutions may be undertaken by a member of An Garda Síochána at the direction of the DPP. 

The Commission on the Future of Policing in Ireland recommended that this situation be reviewed and the recommendation was accepted in principle by Government, subject to further evaluation on the implications, including resource implications, how best it might be achieved, and the timing of implementation.

A High Level Review Group on the Role of An Garda Síochána in the Public Prosecution System (HLRG) was established in September 2020 to conduct this evaluation and to recommend a preferred option for consideration by Government. The HLRG is to report to Government via the Department of the Taoiseach, to take account of the independence of the DPP.

The HLRG is chaired by former Secretary General to the Government, Mr Dermot McCarthy, and is comprised of representatives from relevant stakeholders including Government Departments, the Judiciary, An Garda Síochána, the Office of the Director of Public Prosecutions, the State Solicitors’ Association, the NGO sector, academics and legal practitioners.

The Group decided that its work should be grounded in empirical analysis, applying the experience and expertise of its members, to prepare recommendations for the Government. In considering the implications of changes to this system recommended by the Commission on the Future of Policing, the Group decided to have particular regard to:

- international best practice and the experience of relevant jurisdictions which had made changes to their prosecution systems over recent years;

- the experience of operating different prosecution procedures in the Dublin Metropolitan Region compared to the rest of the country; and

- the cost of current practices and policies to serve as a benchmark in evaluating options for change. 

The HLRG submitted an interim report on its work in accordance with its terms of reference in Q1 2021.  While not required under their terms of reference, a second interim report in respect of the HLRG’s activity during 2021 was recently submitted to me.

The HLRG was conscious of the need to ensure that Ireland’s prosecution system fits within the international standards and norms expected of a developed democracy and to take advantage of the lessons learned in other jurisdictions in their experience of reforming their prosecution services. To this end the HLRG commissioned bespoke research from academics with relevant expertise, who provided in September 2021 a report examining issues including:

- the experience of Common Law jurisdictions and those which operate under the general jurisprudence of European victims’ rights law or equivalent;

- jurisdictions where changes have taken place in the conduct of prosecutions, especially with regard to the role of the police; and

- the role of law enforcement and non-policing agencies in prosecutorial regimes, including decisions to prosecute and the conduct of prosecutions.

Once alternative models have been developed and costed, these models will be considered by the HLRG who will in turn select from these a preferred recommendation. The work of the HLRG and the preferred recommendation are to be the subject of the HLRG’s final report to Government in accordance with the Group’s terms of reference. It is the expectation of the HLRG and chair that it will be in a position to complete its report and make recommendations to the Government during Q1 of this year.

Question No. 1257 answered with Question No. 1179.

Question No. 1258 answered with Question No. 1179.

Question No. 1259 answered with Question No. 1179.

Question No. 1260 answered with Question No. 1207.