Written Answers Nos. 553-574
553. Deputy Jim O'Callaghan asked the Minister for Justice if she plans to bring forward legislation to combat the threat of violence posed by the unlawful possession of knives; and if she will make a statement on the matter. [5911/22]
View answer554. Deputy Jim O'Callaghan asked the Minister for Justice if she plans to bring forward legislation to respond to the increasing threat posed by knife crime; and if she will make a statement on the matter. [5912/22]
View answer555. Deputy Jim O'Callaghan asked the Minister for Justice if in the context of the need to display zero tolerance towards violence against women, she is prepared to introduce new legislation to combat knife crime; and if she will make a statement on the matter. [5913/22]
View answerI propose to take Questions Nos. 553, 554 and 555 together.
Violent crime has no place in our society. Fear of harassment and violence should never be normalised and nobody should have to think about it as they go about their daily life.
As the Deputy will be aware, in line with a commitment in the Programme for Government, I have established an Expert Forum on Anti-Social Behaviour. This forum is considering the effectiveness of existing legislation and looking at proposals for new ways forward, including whether new powers for Gardaí and additional interventions to support parenting of offenders are needed. Members of the Forum, which I chair, include An Garda Síochána, Government Departments, community groups, business community members and NGOs.
The Forum is examining a broad range of issues with a focus on developing measures which will counteract the negative impact of ASB on community morale and quality of life. This has included two subgroups established to consider the specific issues of knife crime and the misuse of scramblers and quadbikes. Other subgroups may be established to tackle additional specific issues as required.
The knife crime subgroup are assessing available evidence to inform policy on knife crime, with particular reference to effectiveness of proposals, to inform both legislation and community safety policies, programmes and practices. The work of this subgroup is ongoing and is expected to conclude in Q1 2022.
As the Deputy will be aware, there is a comprehensive and robust legal framework in place in Ireland with respect to knife crime, including heavy penalties for breaches of the laws concerned. Indeed, the maximum penalty in the Firearms and Offensive Weapons Act 1990 for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years in an amendment introduced via the Criminal Justice (Miscellaneous Provisions) Act 2009.
Legislative responses alone will not provide a ready solution and evidence from other jurisdictions indicate that simply adopting harsher penalties will not lead to a reduction in the incidence of these crimes. Our existing five year sentence for knife possession is longer than in the UK, for example, where a four year penalty applies. It is important to note that there are no quick-fix solutions, based on international experience, and longer term, evidence-based strategies are needed.
We will continue to examine all possible options as part of the work of the sub-group, including those undertaken in other jurisdictions, and do our utmost to ensure that our communities are, and feel, safe.
To that end I would appeal to anyone who believes that carrying or using any form of weapon, be it a knife, or even a fist, to stop and think of the lasting damage and consequences of those decisions. Even if you believe that you are protecting yourself, the lasting impact of an assault is felt long after the blow is struck.
As the Deputy will be aware, combatting all forms of domestic, sexual and gender-based violence (DSGBV) is a priority for this Government. This is reflected in budget allocations and in the development of our policy and legislation.
Minister McEntee is leading work on a new whole of government DSGBV strategy which will be the most ambitious to date. It will be structured around the four pillars of Prevention, Protection, Prosecution and Co-ordinated Policies. It will set an overall goal of zero tolerance in Irish society for domestic, sexual and gender-based violence. The Department of Justice will also assume responsibility for services for victims of DSGBV, in addition to policy responsibility.
The Government is also continuing to drive forward the full implementation of Supporting a Victim’s Journey. This will ensure victims of crime are fully supported by our system.
556. Deputy Jim O'Callaghan asked the Minister for Justice if she will consider amending the bail laws in order that there will be a presumption against the grant of bail for a person accused of violent assault who already has convictions for violent assault in order to strengthen the protection of women from violent assaults; and if she will make a statement on the matter. [5914/22]
View answerAs the Deputy is aware, the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions.
There is also a constitutional presumption in favour of the granting of bail as, under Irish Law, a person is presumed innocent until proven guilty. The presumption that a person is innocent until proven guilty has traditionally been considered by the courts to prohibit pre-trial detention except where it appeared that the accused person, if released on bail, was likely to evade justice by absconding or interfering with witnesses or evidence.
In the light of concerns at the increase in the incidence of offences committed while on bail, a referendum took place in 1996 on a proposed amendment to the Constitution to allow the courts to refuse bail where there are grounds for believing that the accused will commit serious offences while on bail. The referendum was passed and section 2 of the Bail Act 1997 gave effect to this constitutional amendment which permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person.
The Criminal Justice (Burglary of Dwellings) Act 2015 and the Criminal Justice Act 2017 amended the Bail Act 1997 to make further provision in respect of the criteria to be considered in refusing bail.
The 2017 Act strengthened the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail. Under the Act, the Court is required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the granting of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more. It is also open to judges to refuse bail for a serious offence where that is reasonably considered necessary to prevent the commission of a serious offence.
Where an accused person is granted bail, the 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any of the bail conditions, the judge will issue a bench warrant. This gives An Garda Síochána power to arrest and bring the person before the court to answer all charges relating to the bail. In the event of a breach of High Court bail, an application is made to the High Court for a warrant and once arrested the defendant must be brought before the High Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge. The judge may also make an order and/or surety for ‘forfeiture and estreatment’ of the bail money.
Separately, I am working to strengthen the legislation in place to combat violence against women and before Easter, I will publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation. While the act of stalking itself is already covered by existing law, I will propose changes to make the law clearer and stronger:
- Explicitly reference stalking as a criminal offence
- Make it clear that stalking includes watching or following a victim, even where they are not aware of being watched or followed.
- Make it clear that impersonating the victim, and then communicating with a third party, is illegal
- Update the law to ensure that it covers all forms of modern communications
Furthermore, while non-fatal strangulation is already an offence prosecutable under the Non-Fatal Offences Against the Person Act 1997, I believe that creating a new offence should encourage victims to come forward and report what has happened to them. It has been shown that this crime can be an indication of future, lethal violence and is a risk factor for homicides against women in the home.
In the summer, I will publish a new Hate Crime Bill which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender. This will mean that certain types of crimes can be prosecuted as hate crimes where they are motivated by misogyny.
For other crimes, where there isn’t a dedicated hate-aggravated offence, the new legislation will require the court to take misogyny into account where there is evidence that this was the motivation, to reflect that fact in the sentence, and to reflect the fact that the crime was aggravated by this form of prejudice in the formal record.
Before the end of September, I will publish a new Sexual Offences Bill, which will introduce important changes including:
- Extending victim anonymity to further categories of victims
- Repealing provisions for sentences to be delivered in public
- Legal representation for victims
I will also seek to enact the Sex Offenders Bill within months which will strengthen the management and monitoring of sex offenders in the community.
Finally, I will shortly sign an order to bring into operation the Criminal Procedure Act 2021. This Act provides for the use of preliminary trial hearings which will significantly improve the trial process for victims of sexual offences, including by reducing delay and disruption that might re-traumatise victims.
557. Deputy Duncan Smith asked the Minister for Justice if she will consider a representation by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5976/22]
View answerNigerian nationals, who do not hold a document called a “Residence card of a family member of a Union citizen” as referred to in Articles 5(2) and 10(1) of Directive 2004/38/EC, and who wish to accompany or join their EU/EEA/Swiss citizen family member moving to or residing in Ireland, are visa required and must have a valid Irish visa before they seek to enter the State. They can apply for a single journey short-stay C visa, which will permit them to enter and reside in the State for up to three months.
If the person concerned wishes to have their visa application considered under the Directive, on the basis that they are a family member of an EU citizen exercising or planning to exercise free movement rights, they must state this clearly on their visa application. Any person that wishes to make an application for a visa to join a family member already living in Ireland, must do so online at: www.visas.inis.gov.ie/avats/OnlineHome.aspx.
It may also be open to them to make an application for a Join Family visa. More details on the application process for both options are available at the link below: www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-eea-or-swiss-national/.
558. Deputy Patrick Costello asked the Minister for Justice if her Department will open a public consultation for the extension of Garda youth diversion projects to cover 18-24 year olds; the timeline for same; and if she will make a statement on the matter. [6007/22]
View answerAs the Deputy will be aware, Minister McEntee and I published the Youth Justice Strategy 2021-27 in April 2021. The Strategy is designed to provide a developmental framework to address key ongoing challenges, as well as new and emerging issues in the youth justice area.
This includes preventing offending behaviour from occurring and diverting children and young adults who commit a crime away from further offending and involvement with the criminal justice system. It will also provide for enhanced criminal justice processes, detention and post-detention measures to provide consistent support to encourage desistance from crime and promote positive personal development for young offenders.
Action 2.9.5 of the Strategy relates to assessing the potential of Youth Diversion Projects (or similar) to provide suitable diversionary programmes for the 18-24 years age group. In line with this action, my Department will shortly open a public consultation process on approaches to diverting young adults in the 18-24 age group away from crime, with a view to developing more effective measures which will lead to behaviour change.
The aim is to steer young adults away from repeated offending, and towards positive life choices. Statistically, the 18-24 age group accounts for a significant volume of offending, so we need to engage more effectively to promote behaviour change as well as confronting with the immediate effects of criminal acts.
Dedicated cross-agency oversight structures have been established to monitor and support the implementation of the Youth Justice Strategy, and these are further assisted by a Youth Justice Advisory Group, which I chair, that provides a standing forum to reflect views and concerns from the community sector and expert stakeholders. The commitment in the strategy to evidence-informed policies and practice is further enhanced through a Research Evidence into Policy Programmes and Practice (REPPP) Advisory Group which allows input from the wider research community to support the REPPP research partnership with University of Limerick.
I am pleased to note that the additional €6.7m provided for in Budget 2022 represents an increase of in excess of one third in support for youth justice services. It provides the resources to kick-start delivery of key objectives in the Youth Justice Strategy and, in particular, the programme to expand and deepen the range of supports made available through local YDP services.
559. Deputy Cormac Devlin asked the Minister for Justice the number of vacancies in An Garda Síochána across the Dublin metropolitan region by division and rank from chief superintendent to sergeant in each of the years 2016 to 2021, in tabular form; and if she will make a statement on the matter. [6016/22]
View answerAs the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes responsibility for decisions in relation to the allocation and control of Garda personnel and resources. As Minister, I have no role in these matters.
Budget 2022 has provided an unprecedented allocation of in excess of €2 billion to An Garda Síochána, which includes funding for the recruitment of up to an additional 800 Gardaí and a further 400 Garda staff, subject to the public health situation. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe.
I am advised by the Garda authorities that while certain more senior ranking positions are identified as vacant when the incumbent moves from the post, the majority of resources in An Garda Síochána are allocated on the basis of policing need and as such the concept of a vacancy arising when a member moves is not applicable. Vacancies in senior positions are filled at the earliest opportunity either through competition or in the short-term by an officer acting up in the position.
On the basis that vacancies are reportable on a national basis only, I am advised that it is not possible to provide an answer to the question posed by the Deputy in this instance. Information on the number of vacancies is subject to change and will only ever be applicable at that particular point in time.
I am further advised that when consideration is given to the allocation of resources (including newly attested Probationer Gardaí and personnel being allocated to specialist units, e.g. Roads Policing, Community Policing, Divisional Protective Services Units, Divisional Drug Units, etc.) and to facilitating transfers of personnel to or from any Division, account is given to commitments and undertakings outlined in the Annual Policing Plan and priorities as determined in delivering ‘A Policing Service for our Future’.
Also taken into account in the context of the requirements of all Garda Divisions nationwide are local and national crime trends and workloads; policing arrangements and operational strategies; minimum establishment statistics; local population and trends; geographical area and size; and transfer applications, including welfare/personnel issues and concerns.
To ensure the continued level of delivery of policing services within Garda Divisions, local and Senior Garda Management are also consulted during the allocation of personnel and are responsible for the specific deployment and assignment of duties being undertaken at Divisional level. The situation remains closely monitored by the Garda Senior Leadership Team, particularly in view of commitments to the continued roll-out of the Operating Model of policing at divisional level to ensure optimum use of all Garda resources in providing the best possible Garda service to the community.
For the Deputy's information, the allocation of Garda members across the Dublin metropolitan region by Division is published on my Department's website and can be accessed using the following link: www.justice.ie/en/JELR/Pages/Garda_Workforce.
560. Deputy Sean Sherlock asked the Minister for Justice the agencies under the remit of her Department; the amount that has been spent on all Covid-19-related consultancy contracts by her Department and agencies under her remit in 2020, 2021 and to date in 2022, in tabular form; the amount paid for each consultant; and the reason for the consultancy. [6042/22]
View answerThe amount spent on COVID-19-related consultancy contracts by my Department in 2020, 2021 and to date in 2022 is outlined below in tabular form.
|
Company Name |
Service Provided |
Amount paid 2020 |
Amount paid 2021 |
Amount paid 2022 |
Tender process |
|
Quadra |
Health & Safety Consultancy & Advisory Services |
€0 |
€0 |
€20,951.82 |
Direct drawdown under an existing OGP Framework |
|
Quadra |
Health and Safety Consultation |
€3,750 |
€0 |
€0 |
Direct drawdown under an existing OGP Framework |
I wish to advise the Deputy there were no COVID-19 related consultancy contracts in any of the agencies under the remit of my Department in the specified time period.
561. Deputy Mattie McGrath asked the Minister for Justice further to Parliamentary Question No. 403 of 12 October 2021, the reason conflicting information was provided (details supplied) in the response; the steps she will take to ensure that the correct number of successful applicants is supplied to this Deputy; and if written confirmation will be provided detailing the successful groups that have received a rebate [6074/22]
View answerAs the Deputy will appreciate, the scheme referred to is administered on behalf of my Department by an external organisation. In order to provide the Deputy with the information supplied in response to the previous Parliamentary Questions referred to, contact was made with this external organisation to provide a response.
I regret and apologise that in answering these previous Parliamentary Questions incorrect information was supplied to the Deputy in the response issued in January of this year. The figure of 468 groups was compiled from an incomplete listing and I regret that this administrative error was not noticed prior to the issue of the information to the Deputy.
I can confirm, having sought clarification of the figures provided, that the table appended to the answer to Parliamentary Question No 403 of 12 October 2021 contains the full details as requested by the Deputy and that the figure provided in the table, which I attach again for the Deputy's convenience, is the correct and total information requested.
562. Deputy Carol Nolan asked the Minister for Justice if the scheme to regularise the undocumented will operate on an administrative basis under her executive power; the details of the way the scheme will operate; and if she will make a statement on the matter. [6083/22]
View answerThe Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022 and is operating under my Ministerial executive powers. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The scheme is only 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. Successful applicants will be granted a stamp 4 permission for two years.
Each application under the scheme will be assessed individually against a number of specific criteria. As part of the 2008 EU Pact on Asylum and Migration, Ireland, together with the other Member States of the European Union, committed to a case-by-case approach on this issue rather than mass regularisation.
The Domestic Residence and Permissions Division of my Department is processing the applications. All applicants must complete the online application form and submit it with all the required documentation.
All applicants are required to complete a criminal declaration as part of the application form, and all applicants over the age of 16 years will be required to undergo e-Vetting with An Garda Síochána as part of the process.
When examining applications under the scheme, my Department will take into consideration information relating to the applicant's character and conduct, including information from An Garda Síochána and other public authorities regarding any behaviour of a criminal nature considered to be contrary to the common good and/or public policy. My Department may refuse to grant a residence permission to any applicant on that basis.
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. 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).
Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.
563. Deputy Carol Nolan asked the Minister for Justice the number of persons who have deportation orders assigned to them or who are in the section 3 process under the Immigration Act 1999 that is subject to a notification of intention to deport those subject to a live deportation order including those who have applied to have a deportation order revoked; and if she will make a statement on the matter. [6084/22]
View answerOver the last decade (since 2011), 12,236 deportations orders have been issued.
When issued with a deportation order, the person is required to remove themselves from the State. Many people comply with this and leave the country, without notifying the immigration authorities that they have done so. Therefore, it is not always possible for my Department or the Garda National Immigration Bureau (GNIB) to ascertain whether or not a deportation order has been complied with.
There are currently 3,692 people in the section 3 process under the Immigration Act 1999, subject to a notification of intention to deport. This figure includes those people who have applied to have their deportation order revoked.
564. Deputy Carol Nolan asked the Minister for Justice if she will provide an update on the implementation of the recommendation in the Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process which suggested that a one-off case processing approach be introduced to clear a backlog of current cases which have been two years or more in the system; and if she will make a statement on the matter. [6086/22]
View answerMy 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.
As I announced recently, the Government's Regularisation of Long-Term Undocumented Migrants Scheme 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 can now apply for consideration under a separate strand of the Scheme.
This strand opened for applications on 7 February 2022. Applications will be accepted for six months until 7 August 2022, when the strand will close. The International Protection Office (IPO) of my Department has begun contacting potentially eligible applications with further details, though all persons who feel they meet the stated criteria may apply.
Application forms can be downloaded from the IPO’s website at: www.ipo.gov.ie/en/ipo/pages/whatsnew and they must be submitted by email to IPRSU@ipo.gov.ie. There is no fee for making an application under this dedicated strand of the scheme.
Further details regarding the qualifying criteria, the required documentation, and how to apply for the international protection strand are available on the IPO’s website at www.ipo.gov.ie/en/ipo/pages/whatsnew.
Applications will be assessed independently of the application that has been made for international protection. There is no requirement for the applicant to withdraw their international protection application, although some may choose to do so, if successful under this scheme.
565. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [6110/22]
View answerIn response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned. These representations, together with all other information and documentation on file, is currently being considered under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
The Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022. Applications will be accepted for six months, until 31 July 2022, when the scheme will close. The scheme is only 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.
Full details regarding the qualifying criteria, the required documentation for the scheme and a Frequently Asked Questions (FAQs) document is available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.
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.
The person concerned may wish to consider making an application under the scheme if they meet the eligibility criteria. Any questions regarding the scheme can be sent to: undocumentedhelp@justice.ie.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
566. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of persons charged with knife crimes in 2019, 2020 and 2021, by county in tabular form; and if she will make a statement on the matter. [6128/22]
View answerI have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
|
Offence Wording |
2019 |
2020 |
2021 |
|
Contrary to section 9(1) & (7) of the Firearms and Offensive Weapons Act, 1990 as amended by section 39 of the Criminal Justice (Miscellaneous Provisions) Act, 2009 |
1840 |
2000 |
1722 |
|
Contrary to section 9(4) Firearms and Offensive Weapons Act, 1990 |
275 |
289 |
191 |
|
Total |
2115 |
2289 |
1913 |
|
Regional Breakdown |
2019 |
2020 |
2021 |
|
Dublin Region |
1045 |
1152 |
977 |
|
Eastern Region (New) |
360 |
375 |
320 |
|
North Western Region |
303 |
318 |
232 |
|
Southern Region (New) |
407 |
444 |
384 |
|
National Total |
2115 |
2289 |
1913 |
567. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of persons convicted of knife crimes in 2019, 2020 and 2021, by county in tabular form; and if she will make a statement on the matter. [6129/22]
View answerAs the Deputy will appreciate, there is no singular offence of 'knife crime' and it is therefore not possible to provide average sentences as requested. It should be noted that, where a more serious offence is committed and a knife is used in the commission of that offence (for example, assault or murder), that the charge brought forward will usually be for the more serious offence, and not solely possession of a weapon.
For the Deputy's information, however, I have contacted the Courts Service for information on the number of persons convicted of possession of a knife or other article contrary to Section 9(1) and 9(4) of the Firearms and Offensive Weapons Act 1990 (as amended).
I have been advised by the Courts Service that Courts can only provide data in relation to 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.
It should also be noted that more serious instances of offences in relation to section 9(1) or 9(4) may 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, the ICMS, cannot produce reports for specific offences. Therefore figures from the Circuit Courts are excluded from the information provided, which only relate to the District Court.
A person may be convicted for both offences and will appear more than once on the report.
For Court Areas absent from the report, this should be read as a zero value for that Court Area.
The no. of persons convicted for Possession of Knives & other Articles under Section 9(1) Firearms and Offensive Weapons Act, 1990
|
COURT AREA |
2019 |
2020 |
2021 |
|
ARDEE |
0 |
0 |
2 |
|
ARKLOW |
1 |
1 |
1 |
|
ATHLONE |
3 |
3 |
3 |
|
ATHY |
1 |
2 |
1 |
|
BALLINA |
2 |
0 |
0 |
|
BALLINASLOE |
1 |
3 |
2 |
|
BALLYSHANNON |
0 |
0 |
1 |
|
BANDON |
2 |
3 |
2 |
|
BANTRY |
0 |
1 |
1 |
|
BRAY |
7 |
8 |
4 |
|
CARLOW |
4 |
6 |
6 |
|
CARNDONAGH |
0 |
1 |
0 |
|
CARRICK ON SHANNON |
3 |
0 |
1 |
|
CARRICK ON SUIR |
1 |
0 |
0 |
|
CARRICKMACROSS |
4 |
1 |
0 |
|
CASHEL |
0 |
2 |
0 |
|
CASTLEBAR |
2 |
1 |
2 |
|
CASTLEREA |
2 |
3 |
0 |
|
CAVAN |
3 |
6 |
7 |
|
CLONAKILTY |
4 |
2 |
1 |
|
CLONMEL |
5 |
4 |
2 |
|
CORK CITY |
80 |
61 |
63 |
|
DOIRE AN FHEICH |
1 |
1 |
1 |
|
DONEGAL |
0 |
1 |
0 |
|
DROGHEDA |
5 |
1 |
2 |
|
DUBLIN METROPOLITAN DISTRICT |
228 |
145 |
205 |
|
DUNDALK |
4 |
7 |
10 |
|
DUNGARVAN |
1 |
1 |
3 |
|
ENNIS |
10 |
13 |
3 |
|
FERMOY |
1 |
3 |
3 |
|
GALWAY |
16 |
19 |
15 |
|
GOREY |
2 |
1 |
0 |
|
GORT |
0 |
0 |
1 |
|
KENMARE |
1 |
0 |
0 |
|
KILKENNY |
3 |
4 |
10 |
|
KILLALOE |
0 |
0 |
1 |
|
KILLARNEY |
3 |
2 |
5 |
|
LETTERKENNY |
2 |
4 |
10 |
|
LIMERICK |
20 |
25 |
17 |
|
LISTOWEL |
3 |
0 |
1 |
|
LONGFORD |
6 |
12 |
7 |
|
LOUGHREA |
0 |
4 |
1 |
|
MALLOW |
2 |
4 |
1 |
|
MEATH |
8 |
9 |
6 |
|
MIDLETON |
3 |
2 |
9 |
|
MONAGHAN |
2 |
1 |
1 |
|
MULLINGAR |
5 |
8 |
3 |
|
NAAS |
10 |
4 |
5 |
|
NENAGH |
0 |
5 |
5 |
|
NEWCASTLE WEST |
2 |
2 |
2 |
|
PORTLAOISE |
7 |
4 |
8 |
|
ROSCOMMON |
1 |
0 |
2 |
|
SKIBBEREEN |
0 |
0 |
1 |
|
SLIGO |
2 |
7 |
5 |
|
THURLES |
1 |
0 |
1 |
|
TIPPERARY |
1 |
0 |
1 |
|
TRALEE |
13 |
12 |
6 |
|
TUAM |
1 |
1 |
4 |
|
TULLAMORE |
4 |
3 |
1 |
|
VIRGINIA |
2 |
5 |
2 |
|
WATERFORD CITY |
18 |
8 |
8 |
|
WEXFORD |
3 |
7 |
5 |
|
WICKLOW |
2 |
3 |
4 |
|
YOUGHAL |
0 |
1 |
1 |
|
Total |
518 |
437 |
475 |
The no of persons convicted for Possession of Flick-Knife. Section 9(4) Firearms and Offensive Weapons Act, 1990.
|
The no of persons convicted for Possession of Flick-Knife. Section 9(4) Firearms and Offensive Weapons Act, 1990. COURT AREA |
2019 |
2020 |
2021 |
|
ATHLONE |
3 |
1 |
0 |
|
ATHY |
0 |
1 |
0 |
|
BALLINA |
0 |
0 |
1 |
|
BRAY |
0 |
0 |
1 |
|
CARLOW |
2 |
2 |
1 |
|
CARRICK ON SHANNON |
0 |
0 |
1 |
|
CAVAN |
0 |
0 |
1 |
|
CLONAKILTY |
1 |
1 |
0 |
|
CORK CITY |
3 |
6 |
5 |
|
DONEGAL |
1 |
0 |
0 |
|
DROGHEDA |
2 |
0 |
1 |
|
DUBLIN METROPOLITAN DISTRICT |
20 |
12 |
23 |
|
ENNIS |
2 |
1 |
2 |
|
FERMOY |
1 |
0 |
0 |
|
GALWAY |
1 |
0 |
2 |
|
GORT |
1 |
0 |
0 |
|
KILLARNEY |
1 |
0 |
0 |
|
KILKENNY |
0 |
0 |
3 |
|
LETTERKENNY |
1 |
0 |
0 |
|
LIMERICK |
3 |
1 |
1 |
|
LONGFORD |
2 |
5 |
3 |
|
LOUGHREA |
0 |
1 |
0 |
|
MALLOW |
0 |
1 |
3 |
|
MEATH |
1 |
1 |
4 |
|
MIDLETON |
1 |
0 |
0 |
|
MONAGHAN |
1 |
0 |
0 |
|
MULLINGAR |
1 |
4 |
1 |
|
NAAS |
0 |
0 |
1 |
|
NENAGH |
0 |
1 |
1 |
|
NEWCASTLE WEST |
2 |
1 |
1 |
|
PORTLAOISE |
1 |
1 |
2 |
|
SLIGO |
0 |
1 |
0 |
|
TIPPERARY |
0 |
0 |
1 |
|
TRALEE |
2 |
0 |
3 |
|
TULLAMORE |
0 |
0 |
1 |
|
VIRGINIA |
0 |
0 |
1 |
|
WATERFORD CITY |
2 |
0 |
1 |
|
WEXFORD |
2 |
0 |
1 |
|
Total |
57 |
41 |
66 |
For the Deputy's information, the Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.
568. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of knives seized in 2019, 2020 and 2021; and if she will make a statement on the matter. [6130/22]
View answerAs the Deputy is aware, the Government shares the public concern arising from serious crimes involving knives in recent months and years. We are all conscious of the very serious impact which violent crime has on victims and families, particularly attacks of a random nature. I condemn such crimes in the strongest possible terms.
In line with a commitment in the Programme for Government, I have established an Expert Forum on Anti-Social Behaviour (ASB). The Forum is examining a broad range of issues with a focus on developing measures which will counteract the negative impact of ASB on community morale and quality of life. This has included two subgroups established to consider the specific issues of knife crime and the misuse of scramblers and quadbikes. Other subgroups may be established to tackle additional specific issues as required.
The knife crime subgroup is assessing available evidence to inform policy on knife crime, with particular reference to effectiveness of proposals, to inform both legislation and community safety policies, programmes and practices. The work of this subgroup is ongoing and is expected to conclude in the coming months.
My Department is also currently looking at data sources to improve data quality in this area. Officials are engaging with public health colleagues, as well as An Garda Síochána, to improve our understanding of the level of violent assaults within our society.
Crime of any sort is not a phenomenon that exists in isolation. It is inevitably connected to significant and often complex underlying factors. Information provided by An Garda Síochána notes that knife-related crime trends should also be viewed in the context of the pandemic and the associated general decrease in criminality, but also the successful number of proactive seizures and interventions by Gardaí. Increases in seizures may be due to proactive policing operations, particularly during 2020, with the increased Garda presence in support of the COVID-19 public health measures.
There was also a substantial year-on-year increase in the number of searches conducted in 2020, many of which were associated with An Garda Síochána’s high visibility operations supporting the public health response to the COVID-19 pandemic and associated Garda operations (such as Operation Fanacht).
An Garda Síochána is currently operating an Assault Reduction Strategy, which includes assaults with offensive weapons, and the 'Use Your Brain Not Your Fists' campaign, highlighting the dangers and consequences of assaults to not only the victims, but to perpetrators as well.
To be of assistance to the Deputy, I have contacted the Garda Authorities for the information requested and I have been advised that for the years in question the number of knives seized by An Garda Síochána are as follows:
|
Year |
2019 |
2020 |
2021 |
|
Count of Knives Seized |
2,145 |
2,253 |
1,818 |
Figures were collated based on PULSE data as of 1:30am on 2 February 2022. They are operational and may be liable to change.
569. Deputy Pádraig O'Sullivan asked the Minister for Justice the average sentence that a person received when convicted of a knife crime in each of the years 2019, 2020 and 2021; and if she will make a statement on the matter. [6131/22]
View answerAs the Deputy will appreciate, there is no singular offence of 'knife crime' and it is therefore not possible to provide average sentences as requested. It should be noted that, where a more serious offence is committed and a knife is used in the commission of that offence (for example, assault or murder), that the charge brought forward will usually be for the more serious offence, and not solely possession of a weapon.
For the Deputy's information, however, I have contacted the Courts Service for information on the average sentence for persons convicted of possession of a knife or other article contrary to Section 9(1) and 9(4) of the Firearms and Offensive Weapons Act 1990 (as amended).
I have been advised by the Courts Service that Courts can only provide data in relation to 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.
It should also be noted that more serious instances of offences in relation to section 9(1) or 9(4) may 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, the ICMS, cannot produce reports for specific offences. Therefore figures from the Circuit Courts are excluded from the information provided and the figures below only represent those tried in the District Court.
|
Year |
Average Sentence Length imposed |
|
2019 |
4.7 months |
|
2020 |
4.5 months |
|
2021 |
4.5 months |
The average sentence length includes custodial and suspended sentences.
For the Deputy's information, the Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.
570. Deputy Alan Farrell asked the Minister for Justice the number of racially motivated incidents reported to An Garda Síochána in each of the years 2017 to 2021, in tabular form; and if she will make a statement on the matter. [6166/22]
View answerI have requested the information sought by the Deputy from An Garda Síochána, but it has not been possible for this information to be provided in time. I will write to the Deputy as soon as the information is to hand.
571. Deputy Alan Farrell asked the Minister for Justice the number of prosecutions for racially motivated incidents in each of the years 2017 to 2021, in tabular form; and if she will make a statement on the matter. [6167/22]
View answerManagement of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.
I have referred your question to the Courts Service for their direct reply.
572. Deputy Jim O'Callaghan asked the Minister for Justice when the gambling regulation Bill will be introduced in the Houses of the Oireachtas; and if she will make a statement on the matter. [6184/22]
View answer573. Deputy Jim O'Callaghan asked the Minister for Justice when the gambling regulation Bill will impose a requirement on gambling platforms and providers to assess whether gamblers can afford the bets they are placing; and if she will make a statement on the matter. [6185/22]
View answer574. Deputy Jim O'Callaghan asked the Minister for Justice if it is proposed to include within the gambling regulation Bill a requirement that the regulator will have a single customer view that will be linked to all gambling operators; and if she will make a statement on the matter. [6186/22]
View answer575. Deputy Jim O'Callaghan asked the Minister for Justice if the gambling regulation Bill will require the regulator to ensure that problem gambling can be tackled through a single customer view and an assessment of affordability on the part of gamblers; and if she will make a statement on the matter. [6187/22]
View answerI propose to take Questions Nos. 572 to 575, inclusive, together.
The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps.
The Government has approved the Gambling Regulation Bill for priority drafting and publication. Drafting of the Bill is now underway.
The Bill will set out the framework and legislative basis for the establishment of a new independent, statutory body – the Gambling Regulatory Authority of Ireland – to implement a robust regulatory and licensing regime for the gambling sector.
A Programme Board has been established in my Department to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority commences operations as soon as possible after enactment. There is a pathway mapped for this legislation progressing, which will facilitate the Authority being established and operational in 2023.
The Authority will have the necessary enforcement powers for licensing and to enable it to take appropriate and focused action where providers are failing to comply with the provisions of this Bill and with the Authority’s licensing terms and conditions, regulations and codes.
Certain pragmatic prohibitions are being put forward to minimise the ill-effects of gambling. Such measures include the establishment of an exclusionary register and the prohibition of credit facilities and inducements.
The establishment of an exclusionary register by the Authority will assist those people who do not want to participate in any licensed gambling, betting or lottery activities provided by licence holders.
The Exclusionary Register will be completely voluntary and may only be accessed by the Authority or the licence holders, insofar as to assist them in preventing persons on the register from accessing premises or services licensed by the Authority, at the request of the person. A person may request to be excluded from entering all gaming premises or specified gaming premises, and/or from accessing and participating in (all or specified) licensed games, services and activities provided by all licence holders.
Affordability checks are not provided for under this legislation. The proposed approach prohibits the offer or extension of credit (of any kind) or loans or similar facilities to players of licensed services or activities. This means that where a player has exceeded the amount they have deposited they will not be able to avail of any credit options, credit note, tokens, loans, etc., and will have to pay via a permitted payment method to continue playing.
