Thursday, 17 Feb 2022

Written Answers Nos. 123-142

Gambling Sector

Questions (123, 128)

Willie O'Dea

Question:

123. Deputy Willie O'Dea asked the Minister for Justice when she expects the gambling regulatory authority to be established; and if she will make a statement on the matter. [8554/22]

Thomas Gould

Question:

128. Deputy Thomas Gould asked the Minister for Justice if a chief executive officer has been appointed for the gambling regulatory authority. [8724/22]

Written answers

Minister of State at the Department of Justice

I propose to take Questions Nos. 123 and 128 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.

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. Drafting of the Bill is now underway.

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.

The Authority will have among its key objectives:

- ensuring that gambling is conducted in a fair and open way for companies to make decisions in certainty;

- requiring safeguards to address problem gambling including in relation to gambling advertising; and

- preventing gambling from being a source or support to crime.

The General Scheme has been referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.

A Programme Board has been established 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.

Last October, the Department of Public Expenditure and Reform sanctioned the recruitment of the CEO Designate of the Gambling Regulatory Authority of Ireland. The Public Appointments Service will manage the recruitment of this position. The application booklet has been finalised and the recruitment process is expected to be underway by the end of this month. An Executive Search Agency has been procured to attract a pool of high quality candidates to this position.

Domestic Violence

Questions (124)

Catherine Connolly

Question:

124. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 150 of 25 November 2021, the status of the third national strategy to tackle domestic, sexual and gender-based violence; when the strategy will be published; and if she will make a statement on the matter. [8516/22]

Written answers

Minister for Justice

I can assure the Deputy I am committed to tackling domestic, sexual and gender-based violence (DSGBV) in all its forms.

As the Deputy is aware, I am currently leading on a new whole-of-government strategy to combat domestic, sexual, gender-based violence. The goal of the strategy is zero tolerance for any form of domestic, sexual or gender based violence and it will be structured around the four pillars of the Istanbul Convention –

- Prevention,

- Protection,

- Prosecution, and

- Co-ordinated Policies.

Under each of these high level objectives, there will be a number of specific aims listed which will high level in tone and content.

The strategy will be accompanied by a detailed action plan, setting out how each of these aims will be achieved, who is responsible for them and the timeframe for delivery. This action plan is currently being drafted with the sector so that it is targeted, ambitious and deliverable.

I am also inviting feedback on the final draft of the strategy through a focused consultation process. Yesterday, I met with the NGO sector and shared a draft of the strategy as part of our ongoing consultation. A public consultation commenced today and it will help ensure that the Strategy is correctly focused on addressing the areas that people feel need the most urgent attention.

Following these consultations, the strategy and action plan will be finalised, brought to Government and published as soon as possible.

Earlier this week, Minister O’Gorman and I published a review that was undertaken by Tusla on accommodation and services for victims, with recommendations to ensure the needs of victims of domestic, sexual and gender-based violence are met.

It is important to note that the Third National Strategy will also make provision for how we deliver refuge spaces, both in the immediate and longer term, to cater for the needs of victims.

In this regard, and as the Deputy may be aware, my Department will assume responsibility for services for victims of DSGBV, in addition to policy responsibility.

A detailed plan for how this will work is being prepared.

An Garda Síochána

Questions (125)

James Lawless

Question:

125. Deputy James Lawless asked the Minister for Justice the number of gardaí currently based in the Naas Garda district and in the Leixlip Garda district; and if she will make a statement on the matter. [8603/22]

Written answers

Minister for Justice

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, which includes decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in these matters. 

I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs. 

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 800 additional Garda trainees and 400 Garda staff. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe, and to preventing crime in all its forms.  As the Deputy will be aware, a new Garda recruitment competition opened last week and I would encourage anyone with an interest in serving in An Garda Síochána to apply.

I can confirm that at 31 January 2022  there were 432 Gardaí assigned to Kildare Division, of whom 162 were assigned to Naas District and 117 were assigned to Leixlip District. These figures represent an increase of over 38% in Kildare Division specifically since December 2015, and increases of over 42% for Naas District and 48% for Leixlip District for the same period.

The table at the following link, which has been provided to me by the Garda authorities, shows the number of Gardaí attached to Kildare Division at 31 January 2022. 

Kildare Division Garda Nos.

As the Deputy will appreciate, Garda numbers nationwide can be affected by a number of factors, including retirements, medical discharges and resignations. The impact of policing measures and other steps to support the public health restrictions has also, exceptionally, had an impact across the country over the past two years.  However, I am pleased to note that recruitment has resumed and that there are currently 231 trainees engaged in training.

I am also pleased to note that since the reopening of the Garda College in September 2014, a total of 169 Gardaí have been assigned to Kildare Division. 

Detailed information in relation to Garda numbers is available on my Department’s website.  This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.

The information can be found at the following link: www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.

Immigration Support Services

Questions (126)

Holly Cairns

Question:

126. Deputy Holly Cairns asked the Minister for Justice if she will reform the immigration system to protect the victims and survivors of domestic, sexual and gender-based violence who are placed at additional risk as their residency is based on being a dependant, or they are undocumented. [7043/22]

Written answers

Minister for Justice

My Department has put in place Victims of Domestic Violence Immigration Guidelines. The Guidelines rightly state that no one should have to suffer domestic violence and recognise that migrants may have additional vulnerability in this area, as the perpetrator may threaten a victim with the loss of their status if they report the abuse.  

Anyone who is the victim of domestic abuse and whose permission to be in the State is linked to their partner, will have the issue of their status dealt with sensitively by the immigration authorities and each case will be assessed on an individual basis.

I would urge anyone in this situation to approach my Department for advice and assistance and I can assure any victim of abuse that they will be supported and protected.  

In line with the Immigration Guidelines, an application may be made from inside the State by a person whose immigration status as the dependent of an Irish or foreign national is valid. If the permission is not currently valid, the person may still make an application.  

One of the standard conditions of an immigration permission granted in the State, is that the holder must be of good character.  Engaging in domestic violence would not be in line with this condition and could lead to the revocation or non-renewal of the perpetrator’s own immigration status.

If it is the case that the victim is in the State undocumented, it may also be open to them to make an application to the recently launched Regularisation of Long Term Undocumented Migrants Scheme. Further information is available on my Department's website at: www.irishimmigration.ie/undocumented. 

I would also encourage anyone who has been a victim of domestic abuse to reach out for help as soon as it is safe to do so. They can contact the Women’s Aid Freephone Helpline on 1800 341 900. Their Telephone Interpretation Service facility covers 170 languages for callers needing support in their own language. Interpreters are available on the Language Line from 8am–8pm, 7 days a week. They can provide information on support services throughout Ireland. Further information on that service can be found at: www.womensaid.ie/services/helpline/telephoneinterp.html. 

This year, my Department, with the support of the Dormant Accounts fund, will be rolling out awareness raising measures to reach people within marginalised communities in Ireland to inform them of the rights they have under the Victims of Crime Act 2017 and of the Victims Charter. In order to achieve this, My Department will work with various community organisations to adapt various assets and resources for victims of crime in culturally specific ways.

As the Deputy may be aware, I am leading on the development of a new whole-of-Government strategy to combat domestic, sexual, gender-based violence. The goal of the strategy is zero tolerance for violence against women and it recognises the added vulnerability of certain groups of women, including migrant women.

A public consultation on the final draft of the Strategy commenced today and I would encourage people to engage with this consultation so that we can make sure the Strategy is correctly focused on addressing the areas that people feel need the most urgent attention. The survey can be accessed on my Department's website at: www.justice.ie/en/JELR/Pages/DSGBV-Public-Consultation. 

Sex Offenders Notification Requirements

Questions (127)

Denis Naughten

Question:

127. Deputy Denis Naughten asked the Minister for Justice the steps she is taking to restrict the ability of convicted sex offenders to change their name by deed poll; and if she will make a statement on the matter. [8377/22]

Written answers

Minister for Justice

I can assure the Deputy that there is a robust framework of legislation in place to monitor and manage the ongoing risk posed by convicted sex offenders and that it is kept under ongoing review.  

Under the Sex Offenders Act 2001, convicted sex offenders have to notify Gardaí of their personal details including their name and address for a period of time after conviction, up to life, in the case of more serious offenders.

There is also an obligation to notify An Garda Síochána of any change of name (including by deed poll) within seven days.

As the Deputy is aware, last November, I published the Sex Offenders (Amendment) Bill 2021 which will strengthen the existing system for managing and monitoring sex offenders.

Some of the main features of the Bill provide for changes to the notification requirements for sex offenders, including a reduction of the notification period from seven to three days. 

I wish to assure the Deputy that I have noted the points he made in relation to change of name by deed poll in the Second Stage debate on the Sex Offenders (Amendment) Bill and I am examining whether legislative changes are needed in this area.

Question No. 128 answered with Question No. 123.

Crime Prevention

Questions (129, 141)

Pádraig O'Sullivan

Question:

129. Deputy Pádraig O'Sullivan asked the Minister for Justice the measures being taken to address the increase in knife crime; and if she will make a statement on the matter. [8391/22]

John Lahart

Question:

141. Deputy John Lahart asked the Minister for Justice the steps that are being taken to combat knife crime. [8604/22]

Written answers

Minister of State at the Department of Justice

I propose to take Questions Nos. 129 and 141 together.

I can assure the Deputy that the Government is very conscious of the dangers presented by knife crime and is determined to ensure that similar problems to those which have developed in neighbouring jurisdictions do not develop here in Ireland.

As the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended), which includes all operational policing decisions and direction of priorities for An Garda Síochána. Neither Minister McEntee nor I have a role in these independent functions. 

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 antisocial behaviour 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 both legislation and community safety policies, programmes and practices with regard to knife crime. 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.

An Garda Síochána run a number of proactive policing initiatives aimed at reducing assaults and improving feelings of community safety, including Operation Soteria (the national assault reduction strategy) and Operation Citizen in Dublin City Centre, which sees increased Garda visibility at peak times and focus on areas where antisocial behaviour and violent crime incidents have arisen recently in the capital. An Garda Síochána's 'Use Your Brain, Not Your Fists' campaign also highlights the impacts on both victim and perpetrator of an assault.

I would therefore 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. 

Domestic Violence

Questions (130, 140, 145, 159)

Michael Moynihan

Question:

130. Deputy Michael Moynihan asked the Minister for Justice if she plans to review bail laws; and if she will make a statement on the matter. [8559/22]

Jim O'Callaghan

Question:

140. Deputy Jim O'Callaghan asked the Minister for Justice if she will amend the bail laws so as to prevent persons accused of serious assault and of sexual assault and with previous convictions for such offences from securing bail. [8552/22]

Martin Kenny

Question:

145. Deputy Martin Kenny asked the Minister for Justice if she plans to review or reform the current bail system in the State particularly in cases of gender-based, domestic or intimate partner abuse. [8563/22]

Marian Harkin

Question:

159. Deputy Marian Harkin asked the Minister for Justice if she will consider a review of the bail laws in particular in the case of repeat offenders. [8596/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 130, 140, 145 and 159 together.

As the Deputies are 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 a constitutional presumption in favour of granting of bail, reflecting the core principle of our law is that a person is presumed innocent until proven guilty.

However, bail may be refused under law, for example to ensure that a person stands trial, or to prevent interference with witnesses. As the Deputies know, a referendum took place in 1996 on a proposed amendment to the Constitution. This amendment allows the courts to refuse bail for a person charged with a serious offence where that refusal is necessary to prevent the person from committing a serious offence. This referendum was passed by the People and section 2 of the Bail Act 1997 permits such refusals accordingly.

Subsequent to this, the law on bail has been further strengthened on three occasions, specifically in the Criminal Justice Act 2007, the Criminal Justice Act 2015 and the Criminal Justice Act 2017. 

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 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.

Crime Prevention

Questions (131)

Richard Bruton

Question:

131. Deputy Richard Bruton asked the Minister for Justice the work to date in the three pilot community safety areas; the indicators that are being used to establish the success of the approach; if there are early findings; and when the lessons and approaches introduced will be seen more widely. [8538/22]

Written answers

Minister for Justice

As the Deputy will be aware, in April 2021 I secured government agreement to publish the general scheme of the Policing, Security and Community Safety Bill.

The Bill will provide for a key principle from the report of the Commission on the Future of Policing in Ireland, namely that preventing crime and harm and making our communities safer does not rest with An Garda Síochána and my Department alone. Rather, it will be best achieved as a whole-of-government responsibility, with Departments and agencies responsible for health and social services, education authorities and local authorities, the Gardaí and the wider community working together.

The new Bill will achieve this by establishing innovative Local Community Safety Partnerships (LCSPs) to develop local safety plans, tailored to the priorities and needs identified by communities themselves. The LCSPs will replace and build upon the existing Joint Policing Committees and will provide a forum for State agencies and local community representatives to work together to act on community concerns.

Each Partnership will devise and oversee a Local Community Safety Plan, which will be informed by the community itself. Membership of the Partnerships will be broader than that of the existing JPCs and will include residents, community representatives (including youth, new communities and voluntary sector representation), business and education sector representation, relevant public services including the HSE, Tusla, An Garda Síochána, and local authorities as well as local councillors.

The Deputy will be aware that in November 2020, I announced the establishment of three Local Community Safety Partnerships on a pilot basis in the north inner city of Dublin, Waterford and Longford. The locations of the pilots, which will run for 24 months, were chosen based on a number of factors including population density, crime rates and deprivation. An independent Chairperson has been appointed to chair each Partnership pilot and I am deeply grateful to them for their public service.

As the pilots progress, they will be carefully evaluated and any necessary changes made to ensure the Partnerships work as effectively as possible for the communities involved. The pilots will inform the further development of the Policing, Security and Community Safety Bill, which will facilitate the rollout of Local Community Safety Partnerships in every local authority area.

The role of the LCSPs seeks to build on the good work done by Joint Policing Committee, but through an evolution and expansion of that structure. The LCSP will bring a broader focus to community safety issues, of which policing is but one factor, to enable communities to be safe and feel safe. 

The three LCSP pilots are each embedding in their local community structures, convening monthly partnership meetings and progressing work on their community safety plans, which are being informed by the community itself in collaboration with all partnership stakeholders.

Each pilot area, in line with the commitments given by me at the outset, is already participating in a robust evaluation process which will last for the 24 month duration of the pilot.

The overall aim of the evaluation is to provide actionable evidence to help inform the development of the LCSPs and their rollout across the country on completion of the pilot period, when the Policing, Security and Community Safety Bill is enacted.

The evaluation is exploring implementation approaches and processes that appear to be effective across and within the pilot communities. It will, over time, assess how well the Local Community Safety Partnership pilots identified the priorities and concerns of their communities; how the LCSPs conducted their work; the engagement and relationships the LCSPs had with the local communities; and the impact of the LCSP work on community safety.

The evaluation of the LCSP pilots uses a mixed-methods approach, combining individual, semi-structured interviews; focus groups; observation methods; and surveys. Data is being collected across three time-points – at the beginning of the pilots, after 12 months implementation and at the end of the pilot phase.

Findings from the evaluation process will inform future rollout of the LCSP model and future national community safety policy.

Drug Dealing

Questions (132)

Emer Higgins

Question:

132. Deputy Emer Higgins asked the Minister for Justice the actions that are being taken to tackle illegal drug dealing in Clondalkin, Dublin 22; and if she will make a statement on the matter. [8599/22]

Written answers

Minister for Justice

As the Deputy will be aware, tackling drug dealing and organised criminal activity is a key priority for the Government and for An Garda Síochána. 

The Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including operational decisions and the deployment of resources to address drug crime. As Minister, I have no responsibility for these matters. 

However, the Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of legislative measures such as:

- The Proceeds of Crime (Amendment) Act 2016, which provides additional Garda powers for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of; and

- The Criminal Justice (Amendment) Act 2009, introduced to protect the justice system from being subverted by criminal groups, including potential intimidation of juries.

The Deputy may be aware that An Garda Síochána strengthened its capacity to tackle organised crime in 2015, through the creation of the Garda National Drugs and Organised Crime Bureau (GNDOCB), which is headed by a Detective Chief Superintendent reporting to Assistant Commissioner, Organised & Serious Crime. The role is to proactively, via intelligence led investigations, target top tier Organised Crime Groups (OCGs) impacting on this jurisdiction. 

The role of the GNDOCB is achieved through effective collaboration with all sections of Organised & Serious Crime, and other sections within An Garda Síochána, through partnerships with other law enforcement agencies such as the Revenue Commissioners and the Naval Service, and partnerships developed with international law enforcement agencies globally.

Since it was established, GNDOCB has had significant successes in tackling organised crime. GNDOCB have been responsible for the seizure of large quantities of controlled substances, cash, firearms, and ammunition. It has also been responsible for bringing numerous suspected offenders before the courts for offences relative to organised crime (directing and participating in activities of a criminal organisation), drug trafficking, firearms, and money laundering.

I am informed by the Garda authorities that in March 2020, Operation Tara was established with the objective of tackling drug dealing at local and street level which resulted in the establishment of the DMR West Divisional Drugs Units based out of Ballyfermot, Ronanstown, Blanchardstown, Finglas, and Cabra Garda Stations.

In addition, Operation Thoroughfare was initiated in February 2021, in response to the ongoing drug dealing along the canal banks in Clondalkin. Over the course of three months, Gardaí seized over €98,000 of controlled drugs directly relating to drug dealing along these canal banks. I am informed by the Garda authorities that the level of drug dealing in the area has reduced as a result.

In October, 2021, Operation Thoroughfare was expanded to effectively tackle the increased drug dealing taking place in and around Corkagh Park. In the first month, over €29,555 of controlled drugs directly related to drug dealing around Corkagh Park was seized by Gardaí with investigations ongoing into those responsible, for possessing said illegal narcotics. Operation Thoroughfare is ongoing and remains committed to effectively tackling drug dealing in the Clondalkin area.

I understand that the goals of the local policing plan reflects proactive policing around illegal drug dealing. The DMR West Divisional Drugs Unit on a regular basis collaborate with local uniform and detective units. Furthermore, the DMR West Divisional Drugs Unit work closely with regional and national specialist units in targeting individuals and Organised Crime Gangs involved in the illegal sale and supply of narcotics in the Clondalkin and wider DMR West area.

I am informed that a recent operation in January 2022, involved the DMR West Divisional Drugs Unit from all four Garda Stations in the DMR West Division targeting an international Organised Crime Gang based in the Clondalkin area. This operation resulted in the seizure of over €500,000 cash and a number of assets. Garda investigations are ongoing into this significant seizure.

The Deputy will also be aware that the Local Drugs & Alcohol Task Force researches, develops and implements locally orientated and co-ordinated responses to substance misuse in the Clondalkin area. Gardaí form part of this multi-agency approach and regularly utilise the other institutions of the state such as customs, social welfare, housing, and probation services in an effort to tackle local drug dealing issues.

Operation Fógra is An Garda Síochána’s response in the DMR to Drug Related Intimidation (DRI) and continues to be embedded in the Region. The operation has two underpinning pillars: a harm reduction victim centred approach and an information enabled policing informing operational responses. The objectives of Operation Fógra have increased frontline awareness of DRI and enhanced collaboration among operational members.

The relentless efforts of Gardaí in the DMR West Division will continue to proactively identify individuals and gangs involved in illegal narcotics in the Clondalkin area. Gardaí will continue to effectively tackle these individuals and gangs through co-ordinated operations, initiatives, and days of actions. Gardaí will utilise every opportunity to disrupt the activities of these individuals and gangs, together with seizing their assets and illegal gains while holding them accountable before the courts for their actions

Legislative Measures

Questions (133)

John Lahart

Question:

133. Deputy John Lahart asked the Minister for Justice if she will expedite legislation on stalking. [8605/22]

Written answers

Minister for Justice

Stalking is a traumatic and profoundly intrusive crime. It can cause devastating psychological harm, and may also be a precursor to acts of serious physical violence.

It is important to emphasise that stalking behaviour can be, and is, prosecuted under section 10 of the Non-Fatal Offences Against The Person Act 1997 and that it carries a sentence of up to 10 years. 

That said, I am particularly conscious of the evidence that shows that when a specific offence of stalking has been introduced in other countries, it has led to an increase in the number of victims coming forward. This in turn has led to an increase in the number of those who are guilty of these crimes being prosecuted and convicted.

I am committed to bringing forward legislative proposals to strengthen the law in respect of stalking and I have been working closely with the Attorney General in relation to this. 

I expect to bring to Government shortly a legislative proposal which will:

- Clarify and widen the scope of conduct that may constitute stalking and what should be taken into account by courts

- Provide for court orders to tackle stalking behaviour at an early stage and before its consequences worsen

- Ensure that we recognise that stalking offences may take place and may be dealt with by Gardaí even if the victim isn’t yet aware of the behaviour

- Revise and update the existing section 10 harassment offence

I expect to progress these changes through the Criminal Justice (Miscellaneous Provisions) Bill 2022, which I intend to publish before Easter.

Legislative Measures

Questions (134)

Colm Burke

Question:

134. Deputy Colm Burke asked the Minister for Justice if she will make changes to the law on guardianship and parentage in relation to children born through international surrogacy; and if she will make a statement on the matter. [8670/22]

Written answers

Minister for Justice

Issues which arise from international surrogacy arrangements raise important questions in respect of rights and ethics, and concern areas of law that intersect across the remits of several Government Departments.

I have had ongoing engagement and discussion with the Minister for Health, the Minister for Children, Equality, Disability, Integration and Youth and the Attorney General on issues relating to international surrogacy. 

In January 2022, the Government agreed to propose the establishment of a Special Joint Oireachtas Committee on International Surrogacy.  The Special Joint Oireachtas Committee is expected to report with recommendations within three months of its establishment, with the possibility of a short extension.

In addressing issues arising from international surrogacy, care must be taken to ensure that the rights, interests and welfare of all persons involved in international surrogacy arrangements – children born through surrogacy, surrogate mothers, parents and intending parents – are considered. 

I believe that the cross-party Special Joint Oireachtas Committee is best placed to examine the complex issues surrounding international surrogacy and to make recommendations based on the analysis of that evidence.

Following consideration of the recommendations of the Special Joint Oireachtas Committee by me and my colleagues, the Minister for Health and the Minister for Children, Equality, Disability, Integration and Youth, any necessary legislative proposals will be submitted to Government.

Under the existing law, the genetic father of a child born through surrogacy may apply for a declaration of parentage in respect of the child under section 35 of the Status of Children Act 1987. If the declaration of parentage is granted, the father may apply for guardianship under section 6A of the Guardianship of Infants Act 1964.

An intending mother of a child born through surrogacy, not being the birth mother of the child, cannot be granted a declaration of parentage under the Status of Children Act 1987.  An intending father who is not the genetic father of the child also cannot be granted a declaration of parentage. 

Under section 6C of the Guardianship of Infants Act 1964, a person can apply to be appointed as a child’s guardian if he or she is married to, or in a civil partnership with, the child’s parent or has cohabited with the child’s parent for over three years and if the person has shared responsibility for the child’s day-to-day care for more than two years.

Judicial Council

Questions (135)

Paul Murphy

Question:

135. Deputy Paul Murphy asked the Minister for Justice the steps that will be taken to put protections in place for persons who are engaged in the legal system from possible harassment and abusive behaviour by judges. [8733/22]

Written answers

Minister for Justice

As the Deputy is aware, the judiciary are, under the Constitution, independent in the exercise of their judicial functions. The conduct of court business is entirely a matter for the Chief Justice and the Presidents of the Courts. 

Judicial conduct and ethical guidelines are the responsibility of the Judicial Council. As per section 6 of the Judicial Council Act 2019, the Judicial Council is, subject to the provisions of the Act, independent in the exercise of its functions. Neither I nor my Department has any role in relation to the operation of the Council or its Committees.

One of the main pillars of the Judicial Council's remit is to promote high standards of conduct and I understand that the Judicial Conduct Committee was formally established with effect from 30 June 2020.  It was required under the Act to submit to the Judicial Council Board draft guidelines concerning judicial conduct and ethics, within 12 months of its establishment. The guidelines will deal with admissibility of judicial complaints, informal resolution of complaints and codes for conduct and ethics.

At its meeting on 4 February 2022, the Judicial Council adopted Guidelines for the Judiciary on Conduct and Ethics.  These Guidelines form part of a suite of measures which aim to support the core judicial values of independence, impartiality, integrity, equality, propriety, competence and diligence.

They underpin the high standards and principles which judges in Ireland apply to manage the ethical and conduct issues which they encounter and to help the public understand the role of the judiciary and their professional standards. Further information on the Judicial Council and its Committees is available on the Council’s website at www.judicialcouncil.ie

I will shortly make orders to bring into operation those relevant provisions of the Judicial Council Act 2019 which have not yet been commenced.

Any instances of harassment or abusive behaviour should, of course, be reported to An Garda Síochána for their appropriate investigation. 

An Garda Síochána

Questions (136)

Aindrias Moynihan

Question:

136. Deputy Aindrias Moynihan asked the Minister for Justice the research conducted to support the decision on changing the language criteria for Garda recruitment; the impact this is expected to have on diversity; and if she will make a statement on the matter. [8684/22]

Written answers

Minister for Justice

The Deputy will be aware that I received Government approval in December 2021 for new regulations amending the Garda Síochána (Admissions and Appointments) Regulations 2013, in advance of a new Garda recruitment competition which commenced this month. The new Regulations contain technical amendments to reflect changes in legislation, and also to revise the language requirement for applicants.

The Garda Síochána Act 2005 (as amended) requires that I, as Minister for Justice, consult with the Garda Commissioner and Policing Authority prior to requesting Government approval to bring Regulations concerning the operational matters of An Garda Síochána into effect. The Regulations were finalised following extensive engagement between my Department, the Public Appointments Service and An Garda Síochána, and in consultation with the Policing Authority and the Garda Associations.

For the 2022 and subsequent recruitment competitions, applicants to An Garda Síochána must, as previously, be proficient in English or Irish. However, the requirement to be proficient in a second language has been removed.

The Commission on the Future of Policing in Ireland noted that diversity is a vital asset to any organisation that seeks to be innovative and adaptable.

I am informed that a team within An Garda Síochána carried out extensive research into barriers to recruitment and inclusivity, as well as international research regarding benchmarking against other police services. I am further informed this that research identified a number of potential barriers to recruitment, such as educational attainment, language proficiency and nationality. I understand An Garda Síochána engaged directly with diverse communities also, and again the previous requirement for two languages was raised as a difficulty.

The requirement for proficiency in only one language, which must be either English or Irish, will remove any potential disadvantage for people who have not had the opportunity to achieve proficiency in two languages, but who still wish to serve as members of An Garda Síochána.

An Garda Síochána remains committed to the Irish language and studies in the Irish language will remain part of the Policing BA delivered to all trainee Gardaí in the Garda College, Templemore. A new Irish Language Strategy has been developed by An Garda Síochána and will be launched early in 2022. The Strategy aims to strengthen Irish language services within An Garda Síochána and ensure compliance with statutory language obligations.

Legislative Measures

Questions (137)

Pauline Tully

Question:

137. Deputy Pauline Tully asked the Minister for Justice the status of the Criminal Justice (Hate Crime) Bill 2021; and if she will make a statement on the matter. [8703/22]

Written answers

Minister for Justice

The General Scheme of the Criminal Justice (Hate Crime) Bill 2021 was published on 16 April 2021 and it can be accessed on my Department's website.

Following its publication in April 2021, the General Scheme was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny, which took place on 17 November 2021. The report of the Committee is awaited. The Bill has also been referred to the Office of Parliamentary Counsel for drafting.

The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. The protected characteristics set out in the General Scheme include; race; colour; nationality; religion, ethnic or national origin; sexual orientation; gender; or disability.

The General Scheme provides for amendments to the Non-Fatal Offences Against the Person Act to provide for assault offences, threats to kill and harassment which are aggravated by prejudice against one of the protected characteristics and also provides for aggravated forms of criminal damage and public order offences.

The aggravated offences will generally carry an enhanced penalty, compared to the ordinary offence, and the record of any conviction for such an offence would clearly state that the offence was a hate crime.

I intend to publish the new Hate Crime Bill in the summer. 

An Garda Síochána

Questions (138)

Brendan Smith

Question:

138. Deputy Brendan Smith asked the Minister for Justice the number of Garda stations operational in the Cavan-Monaghan Garda division in 2021; the number that will be operational in 2022; and if she will make a statement on the matter. [8564/22]

Written answers

Minister for Justice

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, which includes decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in these matters.

I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

Budget 2022 has provided an unprecedented allocation in excess of €2 billion to An Garda Síochána, which includes funding for the recruitment of up to 800 additional Garda trainees and 400 Garda staff. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe, and to preventing crime in all its forms.

I am informed by the Garda authorities that 24 Garda stations were operational within Cavan/Monaghan Division in 2021, which are set out in the table below.

Cavan District	Bailieborough District	Monaghan District	Carrickmacross District
Cavan	Bailieborough	Monaghan	Carrickmacross
Kilnaleck	Mullagh	Scotstown	Castleblayney
Ballinagh	Kingscourt	Clones	Ballybay
Arva	Virginia		Rockcorry
Belturbet	Ballyjamseduff
Killeshandra	Cootehill
Ballyconnell	Shercock
Blacklion
Swanlinbar
Dowra

I am further informed that a total of 25 Garda stations will be operational within Cavan/Monaghan Division in 2022, with the opening of a modular unit in Emyvale sub-District to service the local community until such time as a permanent fixture can be finalised. This modular unit was officially opened on the 31 January 2022.

The following revised reply was received on 1 April 2022.

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, which includes management of the Garda Estate and decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in these matters.

I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use.

Budget 2022 has provided an unprecedented allocation in excess of €2 billion to An Garda Síochána, which includes funding for the recruitment of up to 800 additional Garda trainees and 400 Garda staff. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe, and to preventing crime in all its forms.

I am informed by the Garda authorities that 23 Garda stations were operational within Cavan/Monaghan Division in 2021, which are set out in the table below.

Cavan District	Bailieborough District	Monaghan District	Carrickmacross District
Cavan	Bailieborough	Monaghan	Carrickmacross
Kilnaleck	Mullagh	Scotstown	Castleblayney
Ballinagh	Kingscourt	Clones	Ballybay
Arva	Virginia		Rockcorry
Belturbet	Ballyjamseduff
Killeshandra	Cootehill
Ballyconnell
Blacklion
Swanlinbar
Dowra

I am further informed that a total of 24 Garda stations will be operational within Cavan/Monaghan Division in 2022, with the opening of a modular unit in Emyvale sub-District to service the local community until such time as a permanent fixture can be finalised. This modular unit was officially opened on the 31 January 2022.

Visa Applications

Questions (139)

Bernard Durkan

Question:

139. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which improvements can be made in the processing of visas for employment here to ensure that employers have quick and efficient access to the skilled workforce that they may require; and if she will make a statement on the matter. [8720/22]

Written answers

Minister for Justice

Before coming to work in Ireland for a period greater than 90 days, a non EEA national must have a contract of employment and then apply for the relevant work permission from the Department of Justice, the Department of Enterprise, Trade and Employment (DETE) or the Department of Foreign Affairs (DFA). If the relevant work permission is granted and if the person is a national of a visa required country, they must then apply for a long stay visa (D) from my Department before travelling to Ireland.

Visa applications must be made using my Department's on-line facility. Upon creating an online visa application, the summary sheet must be printed and signed by the applicant and then submitted to the relevant Visa Office, along with supporting documentation and the relevant fee. Upon receipt of the necessary documentation and fee, the visa application will be processed.

The processing times for visa decisions are published on the Visa pages of each Visa Office and the relevant Embassy website.  The average time taken to process an employment visa received in my Department's Visa Offices in Dublin and overseas is three weeks.

The processing time in each location is determined by a number of factors such as the volumes and complexity of applications, individual circumstances, peak application periods, seasonal factors, and the resources available.  While every effort is made to process applications as quickly as possible, processing times inevitably vary as a result.   

The granting of an employment permit by DETE is not the sole determining factor as to whether a visa will subsequently be granted by my Department. These are two very distinct application processes with different checks and procedures in place in each respective Department.  

Question No. 140 answered with Question No. 130.

Question No. 141 answered with Question No. 129.

Question No. 142 answered with Question No. 121.