Thursday, 17 Feb 2022

Written Answers Nos. 143-162

Legislative Reviews

Questions (143)

James Lawless

Question:

143. Deputy James Lawless asked the Minister for Justice if existing defamation legislation is being reviewed in her Department; and if she will make a statement on the matter. [8602/22]

Written answers

Minister for Justice

The review of the Defamation Act 2009 is a legislative priority for the Government. The Programme for Government contains a specific commitment to “review and reform defamation laws to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice”.

The Government Legislation Programme includes preparation of the General Scheme of a Defamation (Amendment) Bill, to give effect to the recommendations approved by Government. In my own Department, the Justice Plan also contains a commitment to complete and publish a review of the Defamation Act 2009.

The objective set for the review from the outset was to ensure that our defamation law strikes the correct balance between rights which are protected both by our Constitution and by the European Convention on Human Rights – the individual’s right to their good name and privacy, and the right to freedom of expression, taking account of the vital role played by a free and independent press in our democracy.

The review has included extensive public consultation, including a stakeholder symposium held in November 2019 with extensive media participation.

The Report of the Review has been completed and I will bring it to Government very shortly for approval of its publication.

It is a priority for the Government to get the reform of defamation law right, and to bring forward the required legislation at the earliest opportunity.

I expect preparation of the General Scheme of the Defamation (Amendment) Bill to begin early this year.

Personal Injury Claims

Questions (144)

Cormac Devlin

Question:

144. Deputy Cormac Devlin asked the Minister for Justice the position regarding the future of the personal injury discount rate; and if she will make a statement on the matter. [62322/21]

Written answers

Minister for Justice

The cross-governmental Action Plan for Insurance Reform is designed to bring down costs for consumers and business; introduce more competition into the market; prevent fraud and reduce the burden on business, community and voluntary organisations. It includes actions to be taken by my Department, the Department of Finance and the Department of Enterprise, Trade and Employment. The implementation of the Action Plan is being overseen by the Sub-Group on Insurance Reform within the Cabinet Committee on Economic Recovery and Investment.

The discount rate is the rate used by the courts to determine the size of an award necessary to compensate a person for damages in respect of future financial loss, typically in personal injury cases with serious long-term implications for the person concerned.  A public consultation was held on this issue in Q3 2020.

My Department has analysed the submissions received in response to the public consultation and has submitted a number of options to me in relation to the manner in which the discount rate should be determined.

I would like to assure the Deputy that I am currently considering this matter and I expect to be in a position to make a decision on the way forward in the coming weeks.

Question No. 145 answered with Question No. 130.

Antisocial Behaviour

Questions (146)

Alan Farrell

Question:

146. Deputy Alan Farrell asked the Minister for Justice the status of Operation Citizen; its progress to date; and if she will make a statement on the matter. [8728/22]

Written answers

Minister for Justice

The Government is determined to tackle anti-social behaviour and I am very conscious of the impact it can have on the quality of life for local communities, including in Dublin city centre.

We want people to feel safe and be safe, whether they live or work in Dublin or want to visit and enjoy our capital city. The Deputy will be aware that Budget 2022 includes significant additional funding to support initiatives under the Youth Justice Strategy and the new Community Safety Innovation Fund which will support community based initiatives to ensure public safety. In addition, North Inner City Dublin is one of three pilot locations where Local Community Safety Partnerships have been established.

Gardaí continue to implement high visibility policing plans to address public disorder related issues and anti-social behaviour, with particular overt and targeted policing of public places at times when public order incidents and anti-social behaviour typically increase, such as bank holiday weekends. 

I am informed by the Garda authorities that Operation Citizen commenced in Dublin city centre on 22 October 2021. This operation places a particular focus on anti-social behaviour, public order and quality of life issues, assaults and high-volume crimes, and involves increased visible policing, particularly at key locations. In addition to Garda resources from the Dublin Metropolitan Region North Central and South Central divisions, Operation Citizen is supported by resources from the wider Dublin Region, Garda Roads Policing Units, the Garda National Public Order Unit and Garda Operational Support Units (Mounted Unit and Dog Unit).

I am advised by the Garda authorities that there are in excess of 100 Gardaí patrolling Dublin city centre each weekend evening. Every Friday, Saturday and Sunday evening from 4pm, up to 30 additional Gardaí are deployed specifically on foot patrols in the city centre, resourced from outside the two core city centre divisions. Every Friday and Saturday evening, a Garda National Public Order Unit of 25 personnel (on mobile patrols) patrols the city centre. In excess of 500 additional hours of policing are provided each week. 

I am pleased to note that An Garda Síochána have recently confirmed that the Operation will continue into 2022.

The Deputy may be interested to note that Garda Operation Soteria is also in place to ensure a reduction of assaults in public, reduce fear of violence within communities, prioritise assault investigations and focus on problem areas and assault hotspots. 

Question No. 147 answered with Question No. 114.

Electronic Tagging

Questions (148)

Brendan Griffin

Question:

148. Deputy Brendan Griffin asked the Minister for Justice if she will consider the extension of electronic tagging for criminals with multiple convictions for serious offences; and if she will make a statement on the matter. [8674/22]

Written answers

Minister for Justice

As the Deputy may be aware, the Criminal Justice Act 2006 contains provisions for the introduction of Electronic Monitoring in this jurisdiction.

Section 101 concerns Restriction of Movement Orders and subsection 10 provides the stipulation that a person may be subjected to electronic monitoring as part of the conditions of the order.  Under section 108, Temporary Release of Prisoners, the Minister for Justice is enabled to make an order for electronic monitoring in the context of a restriction of movement condition applying to the granting of temporary release.

In effect, the wearing of an electronic tagging device and adherence to the rules which apply to the wearing of such a device are incorporated into the conditions of the prisoner’s temporary release. 

The Deputy will be aware that provisions in respect of electronic monitoring of persons on bail are currently contained in section 6B of the Bail Act 1997, but were not commenced.

Section 7 of the Criminal Justice Act 2017, yet to be commenced, amends these existing provisions for the electronic monitoring of persons on bail to facilitate the focused and targeted use of monitoring in appropriate cases.  The Act provides that electronic monitoring may be imposed as a bail condition if the prosecution applies to the court for such a condition and the Judge determines it is appropriate. Work is underway within my Department to ascertain the most effective deployment of electronic monitoring, including looking at other jurisdictions where it was introduced, to see what lessons can be learned.

Finally, the Deputy may wish to note that the Sex Offenders (Amendment) Bill 2021 includes a number of amendments to the sex offenders register notification requirements, as well as providing for electronic monitoring and for a prohibition on convicted sex offenders engaging in certain forms of employment.

Question No. 149 answered with Question No. 114.

Drug Dealing

Questions (150)

Richard Bruton

Question:

150. Deputy Richard Bruton asked the Minister for Justice the way that the new policy approach for areas of severe disadvantage which are suffering the ravages of drug dealing has been progressing to date; the indicators being used to establish the success of the approach; if there are any early findings; and the further initiatives that are planned in her Department or across Government to tackle some of the deep-seated challenges. [8537/22]

Written answers

Minister for Justice

I can assure the Deputy that the Government is determined to tackle anti-social and criminal behaviour. I am very conscious of the repercussions that such behaviour can have on the quality of life for residents in local communities. It is important that people feel safe and are safe in their communities.

There are a number of policy approaches ongoing, including the Local Community Safety Partnerships, the Youth Justice Strategy, the Greentown pilot programme, the Drogheda Implementation Plan and the socio-economic and community plan for Darndale and the surrounding areas in Dublin 17.

The Deputy will be aware that my Department published the general scheme of the landmark Policing, Security and Community Safety Bill last year. 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. 

Each pilot area, in line with the commitments given at the outset, is 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, after 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. Findings from the evaluation process will inform future rollout of the LCSP model 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.

In addition, as the Deputy may be aware, Budget 2022 provides for the establishment of the new Community Safety Innovation Fund. It is intended that this fund will support investment in innovative projects which will improve community safety. The fund, which is expected to grow in the coming years, will have an initial outlay in 2022 of €2m. A call for funding proposals will issue shortly seeking applications for community safety projects and similar initiatives from bodies involved in community safety, including the Local Community Safety Partnerships.

The Deputy will also be aware that my Department published the Youth Justice Strategy 2021-27 last year. The Strategy provides a national developmental framework to pursue more effective engagement, collaboration and community support related to youth offending and the factors underlying it. Important priorities include the development of Youth Diversion Projects (YDPs), which are directly funded by my Department, to include targeted work with ‘harder-to-reach’ young people. This includes young people heavily involved in crime and anti-social behaviour, for whom there is a lack of appropriate supports and interventions in practice, unless they are before the courts, in which case they may be under the supervision of the Probation Service. The Strategy also prioritises early intervention work, including with younger children who are assessed as being at serious risk. Both these cohorts may include children at risk of recruitment by crime gangs.

Implementation of the Strategy began with the establishment of a cross-agency Governance and Strategy Group, and a Youth Justice Oversight Group. Both groups are chaired by my Department, which will provide oversight arrangements for Youth Justice Initiatives, including the Greentown pilots, to support a more cohesive response in practice to the needs of particular cohorts of children and particular communities. The implementation of the Youth Justice Strategy is also supported by a Youth Justice Advisory Group, chaired by Minister Browne, which reflects the opinions and experience of a wide range of community and expert stakeholders to assist in the ongoing development of youth justice policies and programmes. 

The Greentown pilot programme represents an import deliverable under the Youth Justice Strategy. This internationally recognised initiative is being led by the REPPP Project, (Research Evidence into Policy, Programmes and Practice), at the School of Law in the University of Limerick (UL).  The REPPP project is a strategic research partnership between UL and my Department. The REPPP originally produced the “Greentown Report”, which studied the influence of criminal networks on children in Ireland, and was published in December 2016.

The Greentown Report identifies crime networks as a separate and plausible risk factor underlying criminal offending by certain children. It outlines how the influence of criminal networks increases the level of offending by a small number of children and entraps them in offending situations.

The Greentown Report recommended the design of a programme to include interventions with children and their families to help them withstand the influence of criminal networks. The REPPP project team implemented a bespoke design process to produce a model for an Irish evidence-informed intervention programme. This new Greentown Programme has been designed with the input of leading international expertise on crime and criminal networks, together with Irish scientific, policy and practice expertise in child protection and welfare, drugs and community development.

Pilot applications of the Greentown Programme, developed by the REPPP, commenced in two locations in 2020 and will run for three years. The learning from these pilots will then be incorporated into mainstream YDP practice. This specially designed intervention programme was developed with international expert advice, to tackle coercive control of children by criminal groups which entraps them in offending situations. Funds are already available for the initial pilots from the Dormant Accounts Funds, with a total of €4.2m allocated over three years.

Regarding the Drogheda Implementation Plan, the Deputy will be aware the publication and implementation of the recommendations of the Drogheda scoping report were key actions in my Department's Justice Plan 2021.

I am grateful to the former Director of the Probation Service, Mr. Vivian Geiran, who made over 70 recommendations in his scoping report on short and long term responses to challenges the community faces in Drogheda. This includes measures around crime prevention, youth services, drug addiction, education, infrastructure and community development. The recommendations highlight the need for improved interagency cooperation in the administration and delivery of State services in Drogheda, as well as the need to resource public services or provide additional services in certain areas in particular.

In July 2021, I obtained Government approval for an Implementation Plan for Drogheda. I also secured commitment from across Government that, given the manifest needs, there will be a special focus on Drogheda including, where necessary, Departments and State agencies prioritising funding applications for projects in Drogheda related to the Drogheda Implementation Plan.

The Implementation Plan identifies the relevant stakeholders for each recommendation and outlines the next steps for engagement and delivery. I intend that the Plan will be a living document and thus reviewed by my Department each quarter, with progress reports produced twice yearly. This will allow for ongoing engagement and consultation.

I also welcome the recent report which has set out a socio-economic and community plan for Darndale and the surrounding areas in Dublin 17. Under Justice Plan 2021, my Department committed to supporting and working with Dublin City Council (DCC) to ensure the implementation of the report on Darndale, Belcamp and Moatview.

As the Deputy is aware, DCC commissioned this report in response to the escalating levels of violence in these areas of north Dublin in 2019 and 2020. The report provides a comprehensive overview of the area’s assets, services, and significant levels of State supports as well as its inherent challenges.

The Darndale Implementation Oversight Group (DIOG) was established in February 2021 and is meeting on a monthly basis, chaired by former Assistant Garda Commissioner Jack Nolan. The importance which is being placed on the implementation of the report by An Garda Síochána is demonstrated by the presence of the local Chief Superintendent, Superintendent and Inspector, all of whom sit on the group.

While many of the report's recommendations relate to issues such as youth services, drugs services, the physical environment and community services and facilities, I am informed that implementation of the Garda actions is well underway, including the Community Hub proposal.

As well as important recommendations related to crime prevention and dismantling gangs, two key recommendations include the need to strengthen community participation and leadership, and the need for more collaboration in relation to delivery of state services. This closely aligns to work by my Department to develop a new community safety policy in line with the recommendations of the Commission on the Future of Policing in Ireland.

Domestic Violence

Questions (151)

Rose Conway-Walsh

Question:

151. Deputy Rose Conway-Walsh asked the Minister for Justice if there is mandatory training within the Judiciary system on domestic violence; and if she will make a statement on the matter. [8775/22]

Written answers

Minister for Justice

As the Deputy will be aware, the Judiciary are independent in the exercise of their judicial functions and we must give full respect to the separation of powers as enshrined in the Constitution.

Section 6 of the Judicial Council Act provides the Judicial Council is, subject to the provisions of the Act, independent in the exercise of its functions and as Minister I have no role in the matter of judicial training.

However, in order to be of assistance to the Deputy I asked the Judicial Council to provide me with some information in respect of training available to judges in the area of domestic violence and I have received the following - 

As regards mandatory training for the Judiciary, Section 19 of the Courts and Court Officers Act 1995 provides that “A person who wishes to be considered for appointment to judicial office shall undertake in writing to the Board his or her agreement, if appointed to judicial office, to take such course or courses of training or education, or both, as may be required by the Chief Justice or President of the court to which that person is appointed.” Therefore a course of training may be determined to be undertaken by a judge.

The Judicial Council was established pursuant to the Judicial Council Act 2019. Section 6 of the Judicial Council Act 2019, provides that “The Council shall, subject to the provisions of this Act, be independent in the performance of its functions.” One of those functions is the provision of continuing education for judges and the Act provides for the establishment of a Judicial Studies Committee to facilitate that training.

The Judicial Council has provided a range of training courses to date which include training in relation to domestic, sexual and gender based violence and in particular implementing the recommendations of Professor Tom O’Malley in his “Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences” were a priority.

It is envisaged workshops to address Domestic Violence issues arising in court may commence being delivered in August and September of this year.

Further information in relation to judicial training is available on the Judicial Council’s website, judicialcouncil.ie/judicial-studies-committee/.

An Garda Síochána

Questions (152)

Alan Farrell

Question:

152. Deputy Alan Farrell asked the Minister for Justice the status of the recent launch of the Garda recruitment drive; and if she will make a statement on the matter. [8727/22]

Written answers

Minister for Justice

At this time when we celebrate a centenary of service by the members and staff of An Garda Síochána, I am very pleased that the Government is in a position to continue to increase the number of Gardaí on our streets and last week a new recruitment competition was launched by An Garda Síochána through the Public Appointments Service.

Budget 2022 includes an unprecedented allocation of in excess of €2 billion to An Garda Síochána, including provision for the recruitment of up to 800 Gardaí and 400 Garda staff this year, and many of the 800 Gardaí to be recruited will be drawn from this competition. 

I am pleased to note that there has already been great interest from the public, with 3,425 applications received last Thursday and Friday alone.

I would encourage anyone interested in joining An Garda Síochána to have a look at the competition with a view to applying, but I would particularly urge women, members of new Irish communities and people from minority and underrepresented groups to consider a career in An Garda Síochána.

I very much welcome the Commissioner's leadership in emphasizing the need for greater diversity both in the ranks of the service and in its behaviours and support structures, as An Garda Síochána seeks to reflect all the communities it serves and to embed the principle of human rights as the foundation and purpose of policing in Ireland.

This has included changes to Garda uniform policy, the establishment of the Garda National Diversity Forum, and representation from diverse and minority communities in the Garda Reserve. An Garda Síochána are working to produce a combined internal and external Equality, Diversity and Integration Strategy early this year.

The recruitment competition is open until 3pm on Wednesday 16 March 2022 and full details can be found at www.publicjobs.ie.

Crime Prevention

Questions (153)

Willie O'Dea

Question:

153. Deputy Willie O'Dea asked the Minister for Justice the action she proposes to take in relation to crimes committed against older persons. [8553/22]

Written answers

Minister for Justice

My thoughts are with the victims of the recent horrific attacks in their own homes. I know I speak for everyone in this House in utterly condemning these senseless and cowardly attacks and also in my belief that the perpetrators must be brought to justice. 

Incidents like these, although rare, are terrifying not only for the victim themselves but for the entire community.  Home is the one place we should all be able to feel safe, and fear in one’s own home is something that can never be tolerated.

I can assure the Deputy that my Department is committed to ensuring that there is strong, visible community policing right across both rural and urban Ireland.

As the Deputy 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 operations aimed at preventing and detecting crime. As Minister, I have no direct role in these matters.

This year’s winter phase of Operation Thor was launched by Gardaí in October 2021 and is designed to tackle burglaries and associated criminal activities, which often increase in the darker winter months, through targeted enforcement and crime prevention activity and information.

This annual focus from Operation Thor has proved highly successful in tackling property related crime since its inception in November 2015.  In 2015, there were in excess of 18,800 residential burglaries reported. By contrast, to the end of 2021 there were just over 6,000 residential burglaries reported, a reduction of over 66% or approximately 13,000 less residential burglaries.

While the COVID-19 pandemic was clearly a factor in some of this reduction, with people more likely to be present in their homes throughout the day, there has been a marked and consistent downward trend in such offences since the introduction of this Garda focus through Operation Thor.

The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation in excess of €2 billion for 2022, including funding for the recruitment of up to 800 additional Garda trainees and up to 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. To this end, the Deputy will be aware that a new Garda recruitment competition opened last week and I would encourage anyone with an interest in a career in An Garda Síochána to apply.

In addition to new recruits, the rollout of the new Garda Operating Model will support the redeployment of Gardaí from non-core duties to frontline policing across the country. The new model will see larger Divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services, and a strong focus on community policing.

Budget 2022 also allocated €12m for investment in the Garda fleet, which means more high visibility policing in our towns and cities. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.  

My Department has for many years provided funding for the employment and associated costs of the national Community Alert Programme, including the employment of regional Development Officers. In 2021, my Department committed in the region of €150,000 to local communities who wish to apply for a rebate towards the costs associated with running their local Text Alert Scheme, which is administered by Muintir na Tíre. This is a continuation of the annual funding made available by the Department for the Text Alert Rebate scheme each year since 2016.  

As the Deputy is aware, while community policing is a central feature of An Garda Síochána and that is reinforced in the report of the Commission on the Future of Policing in Ireland, that report also highlighted that policing and crime prevention are not the responsibility of An Garda Síochána and my Department alone.

To achieve better outcomes, supported by a strong inter-agency collaboration and community engagement, three pilot Local Community Safety Partnerships have been established. These Partnerships will provide a dedicated communication channel for input and the development of Local Community Safety Plans to reflect and respond to the self-identified needs of that community.

In addition, I will launch the Community Safety Innovation Fund in the coming weeks, which will enable local communities to seek funding for innovative projects which will improve community safety in their areas.

Finally, the Deputy may also be aware that the Department of Rural and Community Development funds the Senior Alert Scheme, which provides grant assistance towards the purchase and installation of personal monitored alarms for persons aged 65 or older and of limited means. The objective of the Seniors Alert Scheme is to encourage community support for vulnerable older people in our communities through the provision of personal monitored alarms to enable them to continue to live securely in their homes with confidence, independence and peace of mind. I am advised that the grant assistance is made available through community, voluntary and not-for-profit organisations that are registered with Pobal.

An Garda Síochána

Questions (154)

Alan Dillon

Question:

154. Deputy Alan Dillon asked the Minister for Justice the significant changes that Castlebar Garda station has undergone in terms of additional resources, hubs, business supports since 2019, when it was assigned the divisional headquarters for the new north-west region covering counties Mayo, Roscommon and Longford. [8678/22]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible under the law 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 is aware, the new Operating Model for An Garda Síochána was designed to streamline Garda administration and to provide a more visible, responsive and localised policing service to communities nationwide.

I am informed by the Garda authorities that Castlebar Garda Station continues as the location for the Divisional Headquarters of Mayo and will continue to be the Divisional Headquarters when Mayo concludes its ongoing amalgamation with the Roscommon and Longford Division as part of the rollout of the new Garda Operating Model.

Castlebar Station is the location for the Business Service Functional Area which provides Business Support for Mayo, Roscommon and Longford.

In terms of Garda resources in Mayo Division, I can confirm that at 31 January 2022, the latest date for which figures are available, there were 331 Garda members to Mayo Division, of which 76 were assigned to Castlebar District and 71 members were assigned to Castlebar Garda station. I am further advised that there were 33 Garda staff members assigned to Castlebar Garda station at 31 January 2022, the latest date for which figures are available. This is an increase of 230% since December 2010 when there were 10 Garda staff assigned to the station. 

This significant increase in Garda staff includes 24 additional staff members who are attached to the Business Services Area. This is alongside the Community Engagement Area, Property Management Area, Roads Policing, Crime Units, CPD School and Courts Office.

Detailed information on the Garda workforce is available on my Department's website at:

www.justice.ie/en/JELR/Pages/Garda_Workforce

For more general information on Garda facts and figures, the Deputy may also wish to see the information on the link below:

www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures

Immigration Policy

Questions (155, 160)

Paul Murphy

Question:

155. Deputy Paul Murphy asked the Minister for Justice if she will amend the regularisation of the long-term undocumented migrants' scheme for undocumented persons to reduce the €850 application fee; and if she will make a statement on the matter. [8731/22]

Paul Murphy

Question:

160. Deputy Paul Murphy asked the Minister for Justice if she will amend the regularisation of the long-term undocumented migrants' scheme to include all persons in need of regularisation (details supplied); and if she will make a statement on the matter. [8730/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 155 and 160 together.

I was pleased to open the landmark Regularisation of Long Term Undocumented Migrants Scheme for applications on 31 January. Applications will be accepted for six months until 31 July, when the scheme will close.  The scheme includes a parallel strand, which opened for applications on 7 February 2022, to implement the recommendation included in the report of the Expert Advisory Group, allowing international protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of two years to apply.  

This once-in-a-generation scheme is designed to give long-term undocumented people without a current permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship.  As the Deputy will be aware, it has been widely welcomed by those who have long campaigned for this right. 

I am pleased to note that almost 2,200 applications have been received up to 16 February. This is a very positive start and I encourage anyone who may be eligible to apply. 

I am aware, particularly in the current economic climate, of the financial pressures that people are under. However, the fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for the scheme which, given the benefits involved, is quite a detailed process. 

A fee of €700 will generally apply to family unit applications and children up to 23 years, living with their parent(s), can be included in a family unit application. A fee of €550 will apply to individual applications. There is no provision for the discretionary waiver or reduction of fees. 

Successful applicants to the scheme will be required to register the permission granted and everyone over the age of 18 years will be required to pay a registration fee of €300 which is the standard registration fee applicable to all applicants.

There is no application or registration fee for the international protection strand of the scheme.

If a person is resident in the State without permission and does not meet the terms of the published schemes, I would encourage them to contact my Department or their local immigration office and to take all appropriate steps to regularise their status in the State. Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application. Following receipt of an application, a full consideration of all aspects of their case will be carried out before a decision is made, including a consideration of their private and family life rights, in accordance with the European Convention on Human Rights.  

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. A pragmatic approach is taken in relation to each case, which is considered on its individual merits.

Domestic Violence

Questions (156)

Jennifer Carroll MacNeill

Question:

156. Deputy Jennifer Carroll MacNeill asked the Minister for Justice her legislative priorities in relation to tackling domestic, sexual and gender-based violence; and if she will make a statement on the matter. [8531/22]

Written answers

Minister for Justice

Tackling domestic, sexual and gender-based violence and providing supports for victims is a priority for me as Minister and for Government.

Since my appointment I have been continuously working with my colleagues and with our partners to ensure that we have robust legislation, policies and infrastructure that can support and assist victims and hold perpetrators to account.

With regard to the specific information requested by the deputy, I am leading on the delivery of a number of important legislative commitments to make sure that we are responding effectively to the needs of victims of domestic abuse and sexual violence.

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 and non-fatal strangulation are already covered by existing law, the changes I will be proposing will make the law in this area clearer and stronger;

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;

Within weeks, I will sign an order to bring into operation legislation which provides for pre-trial hearings, which will significantly improve the trial process for victims of sexual offences;

Before the end of September, and in line with my prioritisation of tackling sexual violence and following on from the O’Malley Report and its implementation document, 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

Separately, I will seek to enact the Sex Offenders Bill within months which will strengthen the management and monitoring of sex offenders in the community.

Other planned legislation in this area includes a new Garda Powers Bill to provide a clear and transparent statutory basis for the existing police powers of search, arrest and detention and the Digital Recordings Bill which provides for the necessary modern technology in the investigation of serious crime.

I am committed to the development of strong and clear laws to combat all forms of DSGBV which will not only help with the reporting and prosecution of such crimes but will also send a clear signal to victims that the State is here to help them – and hold their abusers to account.

The Deputy may also know that there is now a Divisional Protective Services Unit (DPSU) established in every Garda division across the country. This ensures that vulnerable victims of crimes, such as domestic abuse and sexual violence, presenting to Gardaí are met with a consistently high standard of specialist, sensitive, professional and expert assistance.

International Protection

Questions (157)

Holly Cairns

Question:

157. Deputy Holly Cairns asked the Minister for Justice the steps she is taking to address the recommendations regarding the international protection system in a report on the process (details supplied). [7042/22]

Written answers

Minister for Justice

My 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. 

One such measure is the careful identification of certain applications that may proceed without the need for an interview. While applicants for international protection are generally interviewed, the legislation allows a trained international protection officer to dispense with the interview if they are of the opinion that, based on the available evidence, the applicant is a person that should be granted a refugee declaration. 

Other measures include the restructuring of teams within the International Protection Office (IPO) to allow for more efficient workflow, identification and streamlining of processes and ensuring that staff are directed to the areas where they can add most value. 

A case management function has been implemented to have oversight of applications and ensure they are moved through the process without unnecessary delay. Additional staff have also been trained to conduct interviews, which has increased interviewing capacity, and a revised, “plain English” approved, shorter international protection questionnaire is in place since 28 June 2021, and is available in a wide selection of languages. Applicants can also now fill in the questionnaire online and submit it by e-mail to the IPO. The online questionnaire is currently available in English, French and Arabic, with more languages to follow. 

The Regularisation Scheme for Long-Term Undocumented Migrants includes a parallel process to implement recommendation 6.2 of the Catherine Day Expert Advisory Group Report. International protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of two years can now apply for consideration under this separate strand of the Regularisation Scheme. My Department has recently written to approximately 4,000 potentially eligible applicants inviting them to apply under the Scheme. 

My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times.

With regard to recommendation 3.15 of the Report of the Expert Advisory Group this is currently being considered by the Legal Aid Board in terms of resourcing and requirements, and my Department continues to engage with them. 

An Garda Síochána

Questions (158)

Éamon Ó Cuív

Question:

158. Deputy Éamon Ó Cuív asked the Minister for Justice the discussions that were held with her Department by An Garda Síochána in the past four years in relation to the requirement to have a knowledge of Irish for recruitment to the force and for promotion to certain ranks within An Garda Síochána; the steps she intends taking to ensure that An Garda Síochána can provide services through Irish to Irish speakers in and outside the Gaeltacht; and if she will make a statement on the matter. [6333/22]

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 to commence this year. The new Regulations contain technical amendments to reflect changes in legislation, and also to revise the language requirement for applicants.

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.

I can inform the Deputy that promotions to the ranks of Sergeant and Inspector in An Garda Síochána are governed by the Garda Síochána (Appointment to the Ranks of Inspector and Sergeant) Regulations 2021.

The new Regulations mark a fundamental change by providing that promotion competitions to the supervisory ranks of Sergeant and Inspector, which previously had been managed internally by An Garda Síochána, will for the first time be conducted under the remit of the Public Appointments Service (PAS).

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.

Development of the Regulations was informed by the 2015 Garda Síochána Inspectorate report “Changing Policing in Ireland”, which recommended establishing new promotion and selection processes, and by the 2015 audit of the Commission for Public Service Appointments which found that the Garda Síochána (Promotion) Regulations 2006 were outdated and needed to be reviewed.

The previous Regulations governing promotion to the Sergeant rank required candidates to have passed a proficiency test in the Irish language. As the Deputy will be aware, entrants to An Garda Síochána already undergo extensive training, including training for proficiency in Irish. Following consultations between my Department, An Garda Síochána, the Policing Authority and the Public Appointments Service, it was agreed that achievement of the 50% grade in the Oral Competency Examination in Irish was not an essential requirement for candidates to be eligible for promotion to the ranks of Sergeant or Inspector. This is also in keeping with best practice for other promotional competitions across the public service.

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.

I am informed by An Garda Síochána that a Directive issued in 2018 to ensure that only members with the appropriate Irish language skills would transfer to Gaeltacht stations, with a view to increasing the number of bilingual personnel in these stations.  An Irish Language Proficiency Panel (ILPP) has also been established under the same directive, and includes members recruited through the Irish Language Stream as well as members who wish to be transferred to Gaeltacht stations, having obtained the requisite result in the Irish oral assessment.

One of the Irish Language Strategy goals is to increase the number of members on the ILPP by establishing a working group to examine incentives for members to request a transfer to Gaeltacht stations.

Question No. 159 answered with Question No. 130.

Question No. 160 answered with Question No. 155.

Domestic Violence

Questions (161)

Catherine Connolly

Question:

161. Deputy Catherine Connolly asked the Minister for Justice the engagement she has had with the Minister for Children, Equality, Disability, Integration and Youth with regard to the preparation of a time-bound action plan for the implementation of the recommendations of the Tusla Review of the Provision of Accommodation to Victims of Domestic Violence; and if she will make a statement on the matter. [8517/22]

Written answers

Minister for Justice

As I am sure the Deputy is aware, on Tuesday, my colleague Minister O’Gorman and I brought the Tusla review to Government and it has now been published.

The Tusla review is the latest action in a series of important commitments in the Programme for Government to examine how we, as a state, tackle domestic, sexual and gender-based violence. 

Since the formation of Government, I have worked closely with my colleague Minister O'Gorman on this issue and both he and I are fully committed to making sure we have a system that supports victims in their time of need and that meets all of their needs.  

Publication of the Tusla review follows the publication in July 2021 of an independent audit of responsibility for domestic, sexual and gender based violence across Government. The audit was carried out as part of the Programme for Government.

On foot of this audit, it has now been agreed that my Department will take over responsibility, through Tusla initially, for service delivery, in addition to its existing policy coordination responsibility for this important area. A detailed plan for how this will happen is being prepared. 

The Tusla review highlights gaps in geographical coverage and inadequate provision of safe accommodation, including refuges, to meet population needs. It recommends an approach to address this with immediate, medium and long term actions required, providing a list of priority areas where additional services would address the most immediate need.

I intend to work with Tusla to ensure that the areas highlighted in the review are prioritised and, in the medium term, there will be further service expansion in other areas. It is my intention to develop an implementation plan in which the number of refuge spaces available will meet our commitments under the Istanbul Convention.

The response to DSGBV is a cross departmental and multi-agency issue. As you know, I’m leading the development across Government of the new national strategy to combat DSGBV. It will set an overall goal of zero tolerance in Irish society for domestic, sexual and gender-based violence.

The third national strategy to combat domestic and sexual violence will also make provision for how we deliver refuge spaces, both in the immediate and longer term, to cater for the needs of victims.  

Yesterday, I spoke once again with the NGO sector and shared a draft of the forthcoming strategy as part of our ongoing consultation with the sector. Today, I have launched a public consultation on the strategy.  Following these consultations, I intend to finalise and bring to Government the strategy and accompanying detailed action plan in April, after which it will be published and implementation will commence.

Question No. 162 answered with Question No. 114.