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Tuesday, 15 Feb 2022

Written Answers Nos. 596-614

Legal Aid

Questions (596)

Patrick Costello

Question:

596. Deputy Patrick Costello asked the Minister for Justice the timeline for the commencement of the planned review of the civil legal aid; and if she will make a statement on the matter. [7998/22]

View answer

Written answers

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

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

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

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

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

Inquiry into the Death of Mr. Shane O'Farrell

Questions (597)

Niamh Smyth

Question:

597. Deputy Niamh Smyth asked the Minister for Justice if she will review correspondence (details supplied); the status of a public inquiry in relation to the case; and if she will make a statement on the matter. [8182/22]

View answer

Written answers

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 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 the judge had sought comments on various sections of his draft report from the parties named in it and has confirmed that he has received responses from most of the relevant principal parties. Once this process is concluded, I understand the judge should be in a position to finalise his report.

Once I have received the final report, the advice of the Attorney General will be sought on publication and any other issues arising.

I wish to conclude by re-stating in clear terms that the Government has never been opposed to the possibility of a further inquiry into this case if that is what is recommended. However, the Deputy will understand that I cannot pre-empt any view or advice that the Judge considers appropriate in his final report.

Missing Children

Questions (598, 599, 600)

Peadar Tóibín

Question:

598. Deputy Peadar Tóibín asked the Minister for Justice the number of children reported missing in the State in each of the past ten years. [8184/22]

View answer

Peadar Tóibín

Question:

599. Deputy Peadar Tóibín asked the Minister for Justice the number of persons reported missing in the State in each of the past ten years. [8185/22]

View answer

Peadar Tóibín

Question:

600. Deputy Peadar Tóibín asked the Minister for Justice the number of persons currently missing in the State; and the number of missing persons cases which are currently open. [8186/22]

View answer

Written answers

I propose to take Questions Nos. 598 to 600, inclusive, together.

At the outset, I would like to acknowledge the pain and trauma experienced by all families of missing persons. I am deeply conscious of how difficult life is for loved ones who simply don't know what has happened to their relative. My Department is committed to working with all relevant state bodies to help more families find their missing relatives.

I am informed by the Garda authorities that as of 11 February 2022, there are 813 people associated with missing persons incidents that are still recorded as missing.

The following table, provided to me by An Garda Síochána, shows the number of people that were reported missing in the specified year.

Year Reported

Missing Persons

2012

3690

2013

3343

2014

3571

2015

3670

2016

3553

2017

3719

2018

3909

2019

4096

2020

3343

2021

3515

I am further informed by An Garda Síochána that the following table shows the number of people that were reported missing in the specified year, who were under the age of 18 when the incident was reported.

Year Reported

Missing Persons

2012

1816

2013

1674

2014

1676

2015

1688

2016

1612

2017

1655

2018

1654

2019

1660

2020

1360

2021

1437

The Deputy will appreciate that the above figures were collated based on PULSE data as of 1:30am on the 11 February 2022, and as such they are operational and may be liable to change.

Question No. 599 answered with Question No. 598.
Question No. 600 answered with Question No. 598.

Citizenship Applications

Questions (601)

Francis Noel Duffy

Question:

601. Deputy Francis Noel Duffy asked the Minister for Justice the progress that has been made to date in the determination of an application for citizenship in the case of a person (details supplied) considering it has been over 16 months since the application was received and processed. [8188/22]

View answer

Written answers

The application for a certificate of naturalisation from the person referred to by the Deputy is currently being 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 as expeditiously as possible.

During this time, it is important that the person maintains their immigration permission and takes all appropriate steps to renew their permission to be in the State.

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.

Last year, my Department made 11,512 citizenship decisions, the highest level achieved since 2015. 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: 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 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.

An Garda Síochána

Questions (602, 605)

Jim O'Callaghan

Question:

602. Deputy Jim O'Callaghan asked the Minister for Justice the number of Garda cars and vans attached to Louth Garda division as of 1 February 2020 and 8 February 2022, in tabular form; and if she will make a statement on the matter. [8234/22]

View answer

Jim O'Callaghan

Question:

605. Deputy Jim O'Callaghan asked the Minister for Justice the number of Garda cars and vans attached to Carlow-Kilkenny Garda division as of 1 February 2020 and 8 February 2022, in tabular form; and if she will make a statement on the matter. [8238/22]

View answer

Written answers

I propose to take Questions Nos. 602 and 605 together.

Budget 2022 has allocated €12m for investment in the Garda fleet, which will mean more high visibility policing in our towns and cities.

The Deputy will be aware that under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. The allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no role in these independent functions. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

I am informed by the Garda authorities that at 31 January 2022, the latest date for which figures are available, there were 3,218 vehicles assigned to the Garda fleet. This represents an increase of 14% since 31 January 2020, when there were 2,822 vehicles assigned to the fleet.

For the Deputy's information the tables below, which have been provided to me by the Garda authorities, set out the number of vehicles assigned to Kilkenny/Carlow Division and Louth Division at 31 January 2020 and 31 January 2022, the latest date for which figures are available.

KILKENNY/CARLOW Division

Cars

Vans

Motorcycles

4 x 4

Others

Total

31-Jan-22

69

16

1

2

1

89

31-Jan-20

61

19

1

2

1

84

LOUTH Division

Cars

Vans

Motorcycles

4 x 4

Others

Total

31-Jan-22

50

12

2

3

1

68

31-Jan-20

43

9

2

1

1

56

*The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles

An Garda Síochána

Questions (603)

Jim O'Callaghan

Question:

603. Deputy Jim O'Callaghan asked the Minister for Justice the number of Garda car driving and motorcycle instructor courses that were held in either the Garda training college or Garda headquarters in 2021 and to-date in 2022, in tabular form; and if she will make a statement on the matter. [8235/22]

View answer

Written answers

I have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 603 of 15 February 2022 where you asked for:
‘The number of Garda car driving and motorcycle instructor courses that were held in either the Garda Training College or Garda Headquarters in 2021 and to-date in 2022, in tabular form’
As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
As you will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda training matters. I, as Minister, have no role in such matters.
I am informed by the Garda authorities that two car instructors training courses took place in the Garda College in 2021, attended by 29 members. No car instructor training courses have taken place in the Garda College to date in 2022.
I am further informed that no motorcycle instructors training courses took place in the Garda College in 2021, and none have taken place to date in 2022.
I am advised that car driving and motorcycle instructor courses did not take place in Garda Headquarters in 2021 and to date in 2022.
As you will be aware, Covid-19 restrictions on the Garda Training College constrained training opportunities for periods over the last 2 years.
I trust this information is of assistance.

An Garda Síochána

Questions (604)

Jim O'Callaghan

Question:

604. Deputy Jim O'Callaghan asked the Minister for Justice if all Garda district neighbourhood watch meetings in the Dublin metropolitan region have resumed in person or virtually; if not, when the remaining neighbourhood watch meetings will resume; and if she will make a statement on the matter. [8237/22]

View answer

Written answers

I have sought the information requested by the Deputy from the Garda authorities. I will ensure to write to the Deputy once that information is available to me.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 604 of 15 February 2021 where you asked:
If all Garda district neighbourhood watch meetings in the Dublin Metropolitan Region have resumed in person or virtually; and if not, when the remaining neighbourhood watch meetings will resume’.
As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the report was to hand.
As you may be aware the Commissioner is responsible for the day-to-day management of An Garda Síochána, which includes operational matters such as the carrying out of neighbourhood watch meetings, and I have no role in these matters.
I am informed by the Garda authorities that in line with An Garda Síochána’s organisation plan to transition out of COVID-19 restrictions, members are instructed to continue to hold work meetings virtually, via phone or video conferencing systems.
I am further informed that face-to-face meetings are restricted to circumstances where there is a compelling operational need and where the meeting will be unable to proceed unless it is held face-to-face.
In such instances members of An Garda Síochána are advised to follow these steps:
- Conduct and document a risk assessment for the meeting, including the infection prevention control measures being applied for the meeting;
- Ensure the length of the meeting (max. 1.5 hours) and the numbers attending are kept to a minimum;
- The meeting room must be well ventilated (i.e open the windows and doors);
- Participants should maintain physical distancing in the room (at least 1 metre apart);
- All participants must continue to wear face coverings at all times, except when addressing the meeting.
I am informed that An Garda Síochána continue to keep such matters under review taking cognisance of the Public Health advice.
Question No. 605 answered with Question No. 602.

An Garda Síochána

Questions (606)

Jim O'Callaghan

Question:

606. Deputy Jim O'Callaghan asked the Minister for Justice if she has received the necessary information from the Garda Commissioner in order to answer Parliamentary Question No. 478 of 23 November 2021; and if she will make a statement on the matter. [8240/22]

View answer

Written answers

I refer to Parliamentary Question No. 478 of 23 November 2021 where the Deputy sought:

‘The number of Garda cars and motorcycles attached to Donegal roads policing unit as of 31 December 2020 and 12 November 2021’.

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 allocation of Garda vehicles. As Minister, I have no direct role in these matters. I am assured that An Garda Síochána keeps its fleet requirements under continual review and that the allocation of vehicles is made on the basis of identified operational demands and the availability of resources.

I am informed by the Garda authorities that the tables below set out the number of cars and motorcycles attached to Donegal Roads Policing as at 31 December 2020 and as at 19 November 2021.

Donegal Road Policing Unit as at 31 December 2020

Cars

Motorcycles

Total

Ballyshannon District

1

0

1

Buncrana District

1

2

3

Letterkenny District

2

2

4

Donegal Division

4

4

8

Donegal Road Policing Unit as at 19 November 2021

Cars

Motorcycles

Total

Ballyshannon District

1

0

1

Buncrana District

2

2

4

Letterkenny District

2

2

4

Donegal Division

5

4

9

An Garda Síochána

Questions (607)

Jim O'Callaghan

Question:

607. Deputy Jim O'Callaghan asked the Minister for Justice if she has received the necessary information from the Garda Commissioner in order to answer Parliamentary Question No. 484 of 23 November 2021; and if she will make a statement on the matter. [8241/22]

View answer

Written answers

Parliamentary Question No. 484 of 23 November 2021 refers to the number of Gardaí by rank attached to the Community Policing unit at Coolock Garda station in each of the past five years in tabular form.

As the Deputy is aware, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands, including deployment of personnel among the Garda Divisions. As Minister, I have no direct role in these matters.

The table below which has been provided to me by the Garda authorities sets out the number of Community Gardaí assigned to Coolock Garda station from 31 December 2017 to 31 December 2021.

Community Gardaí by rank attached to Coolock Garda Station

Year

Garda

Sergeant

Total

December 2021

3

1

4

December 2020

0

0

0

December 2019

3

1

4

December 2018

6

1

7

December 2017

6

1

7

I am informed that in 2020, at the beginning of the response to the COVID-19 pandemic, a decision was made by the Commissioner to redeploy Community Policing and Juvenile Liaison Officer Garda members to front line policing duties. Although these members were redeployed to align their tours of duty with the regular units, they retained and continued to perform their community policing responsibilities, tasks and duties.

The Garda authorities have informed me that the three assigned Garda members were reassigned to the Community Policing Unit and to their pre pandemic Community Policing tours of duty in June 2021. As set out above, I have been further advised that there is currently one Sergeant attached to Community Policing in Coolock Garda Station.

In addition, a dedicated unit was established in Coolock Garda station to carry out Community Policing duties and functions in the Darndale and surrounding areas. This unit supplemented the Community Policing Unit and had four members attached to it. This unit was in existence in Coolock Garda station throughout the COVID pandemic.

An Garda Síochána

Questions (608)

Jim O'Callaghan

Question:

608. Deputy Jim O'Callaghan asked the Minister for Justice the number of persons who were successfully prosecuted for public order offences in the Garda R district within Dublin metropolitan region in 2021 and to date in 2022, in tabular form; and if she will make a statement on the matter. [8242/22]

View answer

Written answers

As the Deputy will be aware, under Irish law criminal investigations can only be carried out by An Garda Síochána, who then submit a report to the Director of Public Prosecutions (DPP). The DPP, who operates independently of me and my Department, then decides whether or not someone should be prosecuted and for what crime.

I am advised by the Garda authorities that the table below shows the number of charges and summons associated with Public Order incidents in the Garda R District (Coolock District) during 2021 and to date in 2022.

Proceedings Type

2021

2022*

Charge

552

77

Summons

115

16

Total

667

93

*Figures for 2022 are up to 13 February 2022 only.

All information provided was drawn from PULSE and is therefore operational and liable to change.

An Garda Síochána

Questions (609)

Jim O'Callaghan

Question:

609. Deputy Jim O'Callaghan asked the Minister for Justice if a new contract will be put out shortly for the provision of additional large sized Garda public order unit vans; the last time that new Garda public order unit vans came into the fleet; and if she will make a statement on the matter. [8243/22]

View answer

Written answers

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. In addition, the deployment of Garda resources is a matter for the Commissioner in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

I am advised by the Garda authorities that Garda vehicles are purchased under contracts tendered by the Office of Government Procurement. The current contract came into effect in November 2020 and it is understood the Office for Government Procurement are currently progressing new tenders.

I am further advised that Public Order vans were most recently commissioned into the Garda fleet in 2019, when fifteen Peugeot Boxer vans were purchased to meet requirements.

An Garda Síochána

Questions (610)

Jim O'Callaghan

Question:

610. Deputy Jim O'Callaghan asked the Minister for Justice the number of new Garda roads policing unit vehicles that came into the fleet in 2021 and to date in 2022; the number of Garda roads policing unit vehicles that were withdrawn from the fleet during 2021 and to date in 2022, in tabular form; and if she will make a statement on the matter. [8244/22]

View answer

Written answers

As the Deputy will be aware, the allocation of resources within An Garda Síochána, including the distribution of vehicles, is a matter for the Garda Commissioner. As Minister, I have no role in these operational decisions.

I am informed by the Garda authorities that the following table shows the allocations to and removals from the fleet in 2021 and to date in 2022.

Garda Roads Policing Vehicles – Allocations & Removals in 2021 and to date in 2022

Allocated

Cars

Vans

Motorbikes

4x4

Total

2021

35

0

0

0

35

2022 as at 14/02/2022

0

0

0

0

0

Removed

Cars

Vans

Mbikes

4x4

Total

2021

21

1

0

0

22

2022 as at 14/02/2022

1

0

0

0

1

I am further informed that the allocation of vehicles is made on the basis of identified operational demands and the availability of resources. The allocation of vehicles is monitored and reviewed on a continual basis to ensure the best match with operational requirements.

An Garda Síochána

Questions (611)

Jim O'Callaghan

Question:

611. Deputy Jim O'Callaghan asked the Minister for Justice the number of competitions that were held for Garda members to apply to join the Garda armed support units during 2021 and to date in 2022; if a fresh competition for members to apply to join will be held before end of quarter 1 2022; and if she will make a statement on the matter. [8245/22]

View answer

Written answers

I have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.

The following deferred reply was received under Standing Order 51
As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand. I have received a report from the Garda authorities and the information requested is outlined below.
In accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes the recruitment and training of Garda members and staff. Further, the allocation of Garda resources is made in light of identified operational demands, including deployment of personnel among the Garda Divisions. As Minister, I have no direct role in the matter.
I have been advised by the Garda authorities that there is currently one internal, national, competition for the filling of vacancies within the Garda Armed Support Units ongoing. This national competition opened in 2019 and the competition process to fill vacancies in the Garda Armed Support Units is currently ongoing. There are a number of phases to the competition for the Garda Armed Support Units, all of which must be successfully completed. The different Regional centres are at varying points in the process, and in some areas vacancies have begun to be filled. I am further informed that all current live competitions to fill vacancies are extended to the end June 2022, paying cognisance to the resourcing implications of COVID-19 pandemic.

International Protection

Questions (612)

Catherine Connolly

Question:

612. Deputy Catherine Connolly asked the Minister for Justice the total number of applications, the number of successful and unsuccessful applications made under section 56 of the International Protection Act 2015 in 2019, 2020 and 2021, in tabular form. [8259/22]

View answer

Written answers

Section 56 the International Protection Act 2015, sets down the procedure for refugees and beneficiaries of subsidiary protection to make an application for family reunification.

Where an applicant does not qualify under Section 56 of the 2015 Act, an alternative avenue for family reunification is available under my Department's Policy Document on Non-EEA Family Reunification.

The table below sets out the information requested by the Deputy.

Family Reunification under the International Protection Act 2015

Year

Applications received

Applications Granted

Applications Refused

2019

744

264

24

2020

1048

196

12

2021

1199

484

46

Legislative Programme

Questions (613)

Pádraig O'Sullivan

Question:

613. Deputy Pádraig O'Sullivan asked the Minister for Justice when the legislation which will make changes to locksmith licences will come into effect; and if she will make a statement on the matter. [8311/22]

View answer

Written answers

The Private Security Authority, established under the Private Security Services Act 2004, as amended, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Authority is independent of my Department and I have no role in the day to day running of the Authority. I can, however, advise the Deputy that the development of the relevant Regulations by the Authority is at an advanced stage with a view to their being made in the coming months.

Citizenship Applications

Questions (614)

Carol Nolan

Question:

614. Deputy Carol Nolan asked the Minister for Justice the number of applications that have been made by persons wishing to renounce their Irish citizenship from 2012 to date; and if she will make a statement on the matter. [8363/22]

View answer

Written answers

The table below sets out the number of applications that have been made by people wishing to renounce their Irish citizenship within the period sought by the Deputy.

Year

Number of people that renounced Irish Citizenship

2012

32

2013

38

2014

33

2015

40

2016

42

2017

38

2018

51

2019

48

2020

29

2021

48

The Loss of Citizenship is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.

Section 21 (1) of the 1956 Act provides that if an Irish citizen of full age is or is about to become a citizen of another country and for that reason desires to renounce their Irish citizenship, they may do so, if ordinarily resident outside the State, by lodging a declaration of alienage with the Minister using Form 13. Upon lodgment of the declaration or, if they are not already a citizen of that country, upon becoming one, the person shall cease to be an Irish citizen.

Under Section 21 (2) an Irish citizen may not, except with the consent of the Minister, renounce Irish citizenship under this section during a time of war as defined in Article 28.3.3 of the Constitution.

Any person wishing to wishing to voluntarily renounce their Irish citizenship should complete Form 13 and return it to:

Citizenship Declarations

Immigration Service Delivery

Department of Justice

Rosanna Road

Tipperary Town

E34 N566

Further information and the Form 13 is available on my Department's website at: www.irishimmigration.ie/how-to-become-a-citizen/renounce-or-reacquire-irish-citizenship/

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