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Tuesday, 29 Mar 2022

Written Answers Nos. 584-603

Residency Permits

Questions (585)

Mary Butler

Question:

585. Deputy Mary Butler asked the Minister for Justice if she will consider the issues raised in correspondence by person (details supplied); and if she will make a statement on the matter. [16636/22]

View answer

Written answers

I recognise and acknowledge the crucial role healthcare workers are continuing to play in responding to the threat of COVID-19. They work in a challenging environment and deal with vulnerable people on a daily basis. Their exceptional commitment has been particularly clear throughout the pandemic, during which they have played a key role in preventing the spread of COVID-19.

An immigration Stamp 3 indicates permission to stay in Ireland for a specified period, subject to conditions and is reckonable as residence when applying for citizenship by way of naturalisation. It is a condition of the Stamp 3 that the person cannot work or engage in any business, trade or profession.

It is open to anyone on any immigration permission to apply for a change of their immigration status if they meet the criteria for doing so. The person concerned may wish to consider applying for a stamp 2 immigration permission, which would allow the right to employment in limited circumstances and under student conditions. However, it should be borne in mind that a Stamp 2 is not reckonable for residence if the applicant intends to apply for naturalisation in the future.

More information is available on my Department's website at: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/ and at: www.irishimmigration.ie/registering-your-immigration-permission/information-on-registering/immigration-permission-stamps/.

Crime Prevention

Questions (586)

Bernard Durkan

Question:

586. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the revised updated bail laws are being utilised in the battle against criminal gangs involved in drug trafficking; and if she will make a statement on the matter. [16703/22]

View answer

Written answers

As the Deputy will appreciate, the Constitutional presumption that a person is innocent until proven guilty means that restricting a person’s liberty is a serious matter.

While our laws do provide for the refusal of bail in certain circumstances, the decision to grant bail in a particular case is always a matter for the presiding judge, who is independent in the exercise of their judicial functions.

The Bail Act 1997, which was introduced following a referendum to amend the Constitution, allows the courts to refuse bail for a person charged with a serious offence if necessary to prevent the commission of another serious offence.

Over the last 25 years, our bail laws have been further strengthened on three more occasions, most recently by the Criminal Justice Act 2017 and I am advised by the Garda authorities that the amended bail laws have proven to be effective.

As the Deputy will be aware, tackling drug trafficking, 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 and Serious Crime. The role is to proactively, via intelligence led investigations, target top tier Organised Crime Groups (OCGs) impacting on this jurisdiction.

GNDOCB enjoys continuing significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. Its work is supported by Divisional Drugs Units, which tackle drug-related crime on a local basis throughout the country, in collaboration with other law enforcement partners and all Gardaí working in local communities. Divisional Drug Units are now established in every Garda Division.

The Deputy may also wish to be aware that Operation Tara was launched by the Garda Commissioner in July of last year and this Operation has had significant success in disrupting, dismantling and prosecuting those involved in drug trafficking networks at international, national and local levels. Under Operation Tara, there have been significant seizures nationwide, with the seizure of approximately €2m worth of cannabis herb last August the most significant.

Crime Prevention

Questions (587)

Bernard Durkan

Question:

587. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which organised crime continues to be pursued in this jurisdiction; and if she will make a statement on the matter. [16705/22]

View answer

Written answers

The continued disruption of the supply of all illicit drugs remains a priority for An Garda Síochána and the other State agencies tasked with responsibilities in this regard. A concerted effort has been made over the past two years to ensure that the detection and prevention of these types of criminal activity have not been adversely affected by the unprecedented demands placed on policing services by the vital enforcement of public health restrictions.

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 countering criminal activity, and the enforcement of legislation pertaining to illegal drugs. As Minister, I have no direct role in these matters.

The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. The Bureau’s work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities. GNDOCB also works closely and productively with international law enforcement partners. Gardaí continue to work closely with local authorities, the HSE, NGOs, community groups and other State agencies to tackle the problems of drug addiction and abuse.

The Deputy may be aware that the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health-led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-government response to drug and alcohol use in Ireland. The implementation of the strategy is led by my colleague, the Minister for Health, however, the strategy includes actions for all stakeholders, including my Department and An Garda Síochána.

The strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs, and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports vulnerable people who use drugs, it is also matched with strengthened enforcement measures across government to tackle the supply of illegal drugs. Sustained action by An Garda Síochána has continued unabated throughout the pandemic, bringing significant convictions and ongoing seizures of drugs, firearms and ammunition.

I can inform the Deputy that on 2 July 2021, An Garda Síochána commenced an enhanced national anti-drugs strategy, Operation Tara, which has a strong focus on tackling street-level dealing throughout rural and urban Ireland. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs.

Recent successes of Operation Tara include:

- Gardaí attached to the Divisional Drugs Unit in Drogheda conducted a search in the Legavoureen area of Drogheda and seized more than €247,000 worth of Diazepam tablets on 24 November 2021;

- From 30 November to 3 December 2021, Gardaí in Wicklow, led by the Wicklow Divisional Drugs Unit, searched 26 locations in the county following an extensive investigation targeting the sale and supply of controlled drugs. 19 persons were charged and 12 youths were referred to the Garda Youth Diversion Programme.

- GNDOCB, assisted by other specialised units, undertook a particular operation designed to address drug-related issues being experienced in West Dublin and wider afield, including drug-related threat-to-life incidents and other forms of intimidation. On 19 January 2022, 24 premises were searched, with €700,000 in cash seized alongside 16 high value watches and eight vehicles. Six suspects were arrested in the course of the operation.

- On 29 January 2022, Gardaí searched three properties in Tallaght, Dublin 24. During the course of the searches four firearms were seized, along with silencers and ammunition. Gardaí also seized approximately €70,000 worth of suspected heroin as well as small quantities of crack cocaine and cannabis. Two men were arrested at the scene.

I am advised by the Garda authorities that in 2021, the GNDOCB seized €63.689m in illicit drugs, and seized cash of €5.6m and £38,751 (UK). In addition, €8.23m, £142,520 (UK) and $23 (US) was forfeited to the State in 2021.

All drugs seized are subject to analysis by Forensic Science Ireland (FSI).

Crime Prevention

Questions (588)

Bernard Durkan

Question:

588. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which CAB continue to be successful in dealing with assets derived from organised crime; and if she will make a statement on the matter. [16706/22]

View answer

Written answers

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act, 1996. The Bureau has staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and my Department.

The Bureau’s remit is to target the assets, wherever situated, of persons which derive or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction – disrupting the activities of criminal gangs through the removal of their ill-gotten gains - and has been recognised as a world leader in asset investigations, tracing and forfeiture.

The Bureau works closely with Gardaí and all law enforcement agencies at national and international levels. The Proceeds of Crime (Amendment) Act 2005 makes provision for the Bureau to seize assets that were generated in foreign jurisdictions. This Act enables the Bureau to cooperate fully with other international asset recovery agencies.

I am advised by the Bureau that figures for 2021 are not yet available pending publication of the CAB Annual Report for 2021. Similarly figures to date in 2022 are currently unavailable. For the Deputy's information the CAB Annual Reports are available to view at the following link:

www.cab.ie/annual-reports/

The table below, provided by CAB from the figures published in their annual reports, indicates the total value of assets and cash seized by the Bureau for the years 2011-2020.

Year

Section 2 Interim OrdersEURO

Section 2 Interim OrdersSTERLING

2011

5,384,559.73

6,725.00

2012

2,110,334.78

2013

2,821,302.00

2014

6,760,182.00

2015

941,078.59

2016

643,063.07

2017

7,020,539.20

2018

8,263,582.30

2019

64,985,550.30

2020

5,814,206.00

The table below sets out the total monies returned to the Exchequer under Section 4(1) & 4A of the Proceeds of Crime Act 1996. Also included are taxes collected and social welfare recoveries for the years 2011 – 2020 which are remitted to the Exchequer via the Office of the Revenue Commissioners and the Department of Social Protection.

Year

Total to Exchequer from Section 4(1) and 4A Proceed of Crime Act

Revenue Collections

Social Welfare Recoveries

2011

€2,734,715.22

€3,804,867.00

€454,037.49

2012

€4,850,540.17

€1,967,925.00

€393,797.00

2013

€1,038,680.52

€5,418,000.00

€287,380.00

2014

€467,152.37

€3,017,000.00

€335,911.00

2015

€1,642,962.29

€2,038,000.00

€185,354.32

2016

€1,412,920.41

€2,106,000.00

€297,430.12

2017

€1,698,721.08

€2,374,000.00

€319,720.31

2018

€2,271,799.92

€3,097,000.00

€302,673.36

2019

€1,559,726.31

€2,206,000.00

€324,055.73

2020

€1,838,507.25

€1,800,000.00

€314,484.60

Crime Prevention

Questions (589)

Bernard Durkan

Question:

589. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which those involved in drug-related crime continue to be pursued; and if she will make a statement on the matter. [16707/22]

View answer

Written answers

Tackling organised criminal activity is a key priority for the Government and an ongoing priority for An Garda Síochána. The Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of a range of legislative measures.

This includes the Criminal Justice (Miscellaneous Provisions) Bill, which is currently being drafted and will provide, among other matters, for an increase in the penalty for conspiracy to murder from 10 years to life imprisonment.

As the Deputy will be aware, the Government has in place the National Drugs and Alcohol Strategy, "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025". The Strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs, and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports the vulnerable people who use drugs, it is also matched with strengthened enforcement measures across government to tackle the supply of illegal drugs.

An Garda Síochána continues to develop and implement strategies to dismantle and disrupt criminal networks, using advanced analytical and intelligence methods. Gardaí target dangerous criminals and organised criminal groups through the use of focused intelligence led operations by specialist units and agencies such as the Organised Crime Unit, the Criminal Assets Bureau and the National Bureau of Criminal Investigation.

The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting the supply of illicit drugs by organised crime groups. Its work is supported by Divisional Drugs Units nationwide and by all Gardaí working in local communities, while working closely with international law enforcement partners.

I am advised by the Garda authorities that in 2021, the GNDOCB seized €63.689m in illicit drugs, and seized cash of €5.6m and £38,751 (UK). In addition, €8.23m, £142,520 (UK) and $23 (US) was forfeited to the State in 2021.

I can further inform the Deputy that on 2 July 2021, An Garda Síochána commenced an enhanced national anti-drugs strategy, Operation Tara, which has a strong focus on tackling street-level dealing throughout rural and urban Ireland. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs. Recent successes of Operation Tara include the seizure of an estimated €125,600 of suspected cannabis in Tipperary on 11 February and the seizure of four firearms, ammunition and an estimated €70,000 of suspected heroin in Dublin on 29 January.

Prison Service

Questions (590)

Bernard Durkan

Question:

590. Deputy Bernard J. Durkan asked the Minister for Justice the total number of prisoners currently incarcerated throughout the country; if all or many occupy shared or unshared cells; and if she will make a statement on the matter. [16708/22]

View answer

Written answers

I can advise the Deputy that the Irish Prison Service perform a quarterly census of the Prison estate and publish the results on their website at www.irishprisons.ie/information-centre/statistics-information/census-reports/

According to the latest census which was carried out on 18 January 2022, there were 3,389 usable cells across the estate.

Table 1 below provides a breakdown by prison of all usable cells as at 18th January 2022.

Prison

In Custody

Usable Cells

1 Prisoner per cell

2 Prisoners per cell

3 Prisoners per cell

4+ Prisoners per cell

Arbour Hill

129

116

97

32

0

0

Castlerea

284

206

84

200

0

0

Cloverhill

389

205

68

104

213

4

Cork

250

170

62

188

0

0

Limerick Female

31

25

17

14

0

0

Limerick Male

195

207

89

106

0

0

Loughan

90

111

90

0

0

0

Midlands

830

587

325

470

15

20

Mountjoy Female

113

97

55

58

0

0

Mountjoy Male

682

755

682

0

0

0

Portlaoise

210

271

146

64

0

0

Shelton Abbey

87

58

36

16

15

20

Wheatfield

485

581

279

206

0

0

Total

3,775

3,389

2,030

1,458

243

44

The key statistics from the Census relating to usable cells are as follows:

- There were 3,775 prisoners in custody.

- 2,030 (54%) cells accommodated one prisoner.

- 729 cells accommodated two prisoners (1,458 prisoners).

- 81 cells accommodated three prisoners (243 prisoners).

- 11 cells accommodated four or more prisoners (84 prisoners).

- 2 prisoners accommodated in Safety Observation Cell.

- 8 prisoners accommodated in Close Supervision Cells.

The Irish Prison Service are currently progressing a number of projects that will deliver additional prisoner spaces over the next twelve months. These projects include the reopening of the Training Unit to accommodate older prisoners, and will see 96 prisoner spaces return to operation.

In addition, the construction of a new male wing and a female prison is underway in Limerick Prison and will provide 90 additional male and 40 additional female cell spaces. This is expected to be completed by the end of Summer 2022 and the new accommodation will become operational by the end of quarter 4 of 2022. This timeline assumes no further impact on construction activity or supply chain issues due to the Covid-19 pandemic.

Prison Service

Questions (591, 592)

Bernard Durkan

Question:

591. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which education and rehabilitation of prisoners takes place on an ongoing basis in all detention centres throughout the country with particular reference to first-time offenders with the objective of separating them from a life of crime; and if she will make a statement on the matter. [16709/22]

View answer

Bernard Durkan

Question:

592. Deputy Bernard J. Durkan asked the Minister for Justice the number of first-time offenders currently in prison at various locations throughout the country who are involved in a rehabilitation programme whilst is prison; the number who have been unsuccessful in their application for rehabilitation and education; and if she will make a statement on the matter. [16710/22]

View answer

Written answers

I propose to take Questions Nos. 591 and 592 together.

I am advised by the Irish Prison Service that on 28 February, there were 3,939 people in custody, of these 1,130 are first time offenders.

Number of people in custody

Establishment

First time Committals

Arbour Hill Prison

95

Castlerea Prison

82

Cloverhill Remand Prison

112

Cork Prison

45

Limerick Prison (Female)

8

Limerick Prison (Male)

29

Loughan House Place Of Detention.

47

Midlands Prison

381

Mountjoy Prison (Female)

30

Mountjoy Prison (Male)

98

Portlaoise Prison

39

Shelton Abbey Place Of Detention

36

Wheatfield Prison

128

Total

1,130

The Prison Service provides a wide range of rehabilitative programmes to those in custody that aim to offer purposeful activity to prisoners while serving their sentences and encourage them to lead law abiding lives on release. All prisoners are eligible and allowed to use the services, including those who are first-time offenders. There is no application process and the Service does not collect data on the number of first time offenders who availed on these services.

The Prison Service Strategic Plan 2019 - 2022 commits to further develop the integration of prisoner care and support services to deliver more effective rehabilitation to prisoners. It aims to enhance sentence planning through Integrated Sentence Management to maximise the potential engagement of prisoners in constructive and structured activities during their time in custody.

The prisons Work and Training service make available work, work-training and other purposeful activities to all those in custody. Work Training Officers have been appointed and assigned to areas such as catering, laundry, industrial cleaning and industrial skills.

The "Working to Change Social Enterprise Strategy - 2021-2023" sets out my Department’s direction for supporting employment options for people with convictions by simultaneously working to remove systemic barriers so that people can make sustainable changes. It builds upon a solid foundation of employment supports already in place across the criminal justice sector and is a collaboration between the Prison and Probation Service and my Department.

The Joint Irish Prison Service/ETBI Education Strategy 2019 – 2022 commits to the provision of broad based education. The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents to the Service. The focus is on providing education which is quality assured, student centred and which facilitates lifelong learning.

As well as seeking to draw on best practice in adult and further education in the community, curriculum development that is specific to prison circumstances have taken place, such as courses on addiction, health issues and offending behaviour. Other areas where there has been significant progress in prison education are in physical education, in the provision for higher education, in the arts, in preparing prisoners for release and supporting their transition to life, and often to education, on the outside.

The Prison Psychology Service provide assessment and intervention and operates a ‘proactive’ referral service for particular cohorts of people in custody. The Psychology Service proactively engages with the following groups of people:

- 18 – 24 year olds who are committed to custody with a sentence of one year or more, without Post Release Supervision with the Probation Service;

- People committed to custody with a sentence of two years or more for a violent offence, without Post Release Supervision with the Probation Service;

- People convicted of sexual violence;

- People sentenced to life imprisonment.

- The Probation Service have joined this initiative by engaging in assessments with those 18-24 year olds who have post release supervision orders. This multi-agency approach to offender management and rehabilitation is in place in order to reduce re-offending and improve prisoner outcomes.

Since 2020, due to the pandemic, every effort is made to ensure the delivery of services continued in so far as possible, with course materials and books delivered to people in cells if, for example, they were in quarantine. A TV Information Channel was also developed and a Covid Communications Group consisting of Red Cross, Healthcare, Psychology, Education, Chaplains, Resettlement member produced regular Prisoner Newsletters (also translated into the main languages) which were delivered to people in custody, to ensure they were kept up-to-date with information and any changes regarding rehabilitation, including educational and library services.

Question No. 592 answered with Question No. 591.

An Garda Síochána

Questions (593, 595)

Bernard Durkan

Question:

593. Deputy Bernard J. Durkan asked the Minister for Justice the total number of Gardaí available throughout the country on a full-time basis; and if she will make a statement on the matter. [16711/22]

View answer

Bernard Durkan

Question:

595. Deputy Bernard J. Durkan asked the Minister for Justice the number of gardaí available for duty in all areas throughout the country at any one time; and if she will make a statement on the matter. [16713/22]

View answer

Written answers

I propose to take Questions Nos. 593 and 595 together.

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2022 of over €2 billion. This includes funding for the recruitment of up to an additional 800 Garda members and up to 400 Garda staff. It should be noted that many of the Garda members to be recruited will be drawn from the recent Garda recruitment competition which closed last week. I note the strong interest in this campaign, with over 10,000 applications received.

Additionally, over 800 Garda members have also been redeployed in recent years from administrative duties to frontline policing roles where their expertise can be utilised fully.

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 advised by the Garda authorities that as of 28 February 2022, the latest date for which figures are available, there were a total of 14,315 current Garda members.

I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. Therefore, the full complement of resources fluctuates at any given time and where a deficiency in resources is identified the matter is considered fully and addressed accordingly.

I am further informed that it is not possible to provide a figure for the number of Gardaí on duty at any one time due to the fluctuating nature of crossovers, rosters, and other necessary changes.

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.

Further 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

An Garda Síochána

Questions (594)

Bernard Durkan

Question:

594. Deputy Bernard J. Durkan asked the Minister for Justice the number of gardaí by gender currently off duty due to injuries suffered while on duty; and if she will make a statement on the matter. [16712/22]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended). This includes the management of internal Garda HR matters, including absence management of Garda members and staff.

I have been advised by the Garda authorities that the current gender breakdown of Garda members off duty due to injury on duty is outlined in the table below.

Garda members off duty due to injury on duty

Gender

Injury On Duty Number

Female

83

Male

126

Total

209

I am informed that if a Garda member is maliciously injured in the course of duty, without willful default or negligence on their part, and this is confirmed by the member's Chief Superintendent by way of the issuing of a certificate in accordance with Garda Code 11.37, full pay may issue while there is a reasonable probability the member will be able to resume duty, as provided for in the Garda Síochána (Finance) Code (F) 3.41.

I am further advised that where a member is attributing a subsequent absence to a previous injury sustained on duty, the advice of the Garda Chief Medical Officer is sought to assist with the classification of the absence. The absence remains treated as “Ordinary Illness” in the first instance. Where an absence is reclassified as an injury on duty, the member will be restored to full pay for the period of absence.

For the Deputy's information, further statistical information relating to Garda absence management is published in the Garda Commissioner's monthly reports to the Policing Authority, which are available to view at the following link on the Garda website:

www.garda.ie/en/about-us/publications/general-reports/commissioner-s-monthly-reports-to-policing-authority/

Question No. 595 answered with Question No. 593.
Question No. 596 answered with Question No. 575.

An Garda Síochána

Questions (597)

Bernard Durkan

Question:

597. Deputy Bernard J. Durkan asked the Minister for Justice the number of trainee gardaí currently in training in Templemore; and if she will make a statement on the matter. [16717/22]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible under Section 26 of the Garda Síochána Act 2005 (as amended) for the management and administration of An Garda Síochána, including the recruitment and training of Garda members and staff. As Minister, I have no role in these independent matters.

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, which includes 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, and to preventing crime in all its forms.

I am advised by Garda Authorities that there are 156 recruit Gardaí currently in training.

The Deputy will be aware that a Garda recruitment campaign closed earlier this month and I am advised that there was a strong interest, with over 10,000 applications received. I hugely welcome this significant response to the recent Garda campaign, indicating, as it does, the widespread respect for the important position that Gardaí occupy in our society, as well as the unique contribution that Gardaí can make to the lives of individuals across the country.

Further intakes into the Garda College over the course of the year will be comprised of individuals who are successful in the current recruitment competition, as well as a number of applicants who remain on the panel from previous competitions.

An Garda Síochána

Questions (598)

Bernard Durkan

Question:

598. Deputy Bernard J. Durkan asked the Minister for Justice the number of gardaí due to retire for any reason in 2022; and if she will make a statement on the matter. [16718/22]

View answer

Written answers

I have requested the information the Deputy is seeking from An Garda Síochána, however, the information was not on hand in time. I will write to the Deputy again once the information is received from the Garda Authorities.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 598 of 29 March 2022 where you sought: “The number of Gardaí due to retire for any reason in 2022.”
As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand. I have received a report from the Garda authorities and the information requested is outlined below.
In accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes the recruitment and training of Garda members and staff. Further, the allocation of Garda resources is made in light of identified operational demands, including deployment of personnel among the Garda Divisions. As Minister, I have no direct role in the matter.
The Commissioner is also responsible for all internal HR management issues within An Garda Síochána, which includes management of retirements and succession planning for the organisation.
I have been advised by the Garda authorities that, as of the 28 March 2022, there are 186 Garda members who have retired or submitted their application to retire in 2022. These figures include Voluntary and Compulsory Retirements only.
There are also an additional 52 members who are due to retire on a Compulsory Retirement basis to year end. Therefore, the figure of known retirements for 2022 is currently 238.
It should be noted that these figures are operational and subject to change. Additionally, retirement figures may fluctuate based on when individual members who qualify for Voluntary Retirement decide to apply to the Commissioner for retirement. It is not possible to provide a prediction of the number of members who may exercise this choice in any given year.

Crime Prevention

Questions (599)

Bernard Durkan

Question:

599. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which hate speeches, hate crime and racism continue to be addressed in all areas throughout the country without exception; and if she will make a statement on the matter. [16719/22]

View answer

Written answers

The Deputy will be aware that the Government is fully committed to the fight against racism, prejudice and bigotry, and strongly condemns the actions of those who abuse and attack others because of their own prejudices against a person’s religion, ethnic origins, sexual orientation or any other part of their identity as a human being. Ireland is a diverse and tolerant country, and such behaviour is not acceptable.

Goal 1of Justice Plan is focused on tackling crime, enhancing national security and transforming policing.

Under Justice Plan 2021 I committed to publishing the General Scheme for a new Hate Crime Bill. On the 16 April 2021 I published the General Scheme of the Criminal Justice (Hate Crime) Bill 2021, the text of which can be accessed on my Department's website. Following its publication, the General Scheme was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny, which took place on 17 November 2021.

I recently published Justice Plan 2022 and it commits to advancing this work and to publishing the Hate Crime Bill in quarter 2 of this year.

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 are race; colour; nationality; religion, ethnic or national origin; sexual orientation; gender; or disability.

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.

In addition to my work on this legislation, my colleague, the Minister for Children, Equality, Disability, Integration and Youth is taking forward the Government commitment to publish a National Action Plan against Racism.

To be of assistance to the Deputy, I have reached out to An Garda Síochána to request information they may have on incidences of hate motivated offences and I will follow up directly with the Deputy when any relevant information is received.

The following deferred reply was received under Standing Order 51
I refer to your Parliamentary Question No. 599 of 29 March 2022 asking the extent to which hate speeches, hate crime and racism continue to be addressed in all areas throughout the country without exception. You will recall that at the time I had reached out to An Garda Síochána to request information they may have on incidences of hate motivated offences and I undertook to forward any relevant information when received.
I am advised by the Garda authorities that, as part of An Garda Síochána’s ongoing national response to hate crime, the Garda National Diversity and Integration Unit (GNDIU) provide assurance to members of the public in relation to reports of hostility or hate-based occurrences. This includes daily monitoring of all recorded hate crimes / Incidents on PULSE and Social Media, providing hate crime training, supporting investigating members, advising investigations and providing assurance to victims and their communities.
Hate Crime Definitions
I am further advised that An Garda Síochána Diversity and Integration Strategy 2019-2021, launched in October 2019, contains definitions for Hate Crime and Non-Crime Hate Incidents as follows:
Hate Crime
Any criminal offence which is perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.
Non Crime Hate Incidents (Hate Incident)
Any non-crime incident which is perceived by any person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.
The inclusion of any “other person” (witness, Garda, family member, friend, other person acting in the best interest of the victim) and the adoption of a low threshold perception test are designed to encourage reporting of hate crime and hate incidents. The perception alone can determine whether a hate crime / incident can be recorded. No corroborating evidence is required to take a report.
Garda Diversity Officers (GDOs)
GDOs are Gardaí and Sergeants, trained, developed and supported to actively engage with and attend to the concerns of minority, diverse and hard to reach communities - providing reassurance, building trust and extending the accessibility of the Garda Service. They also assist with hate crime investigations where appropriate.
In 2021, the GNDIU carried out a full review of the GDO network, which included current strength, geographical spread and training assessments. This resulted in the development of a revised role profile and training programme. There are currently 311 GDOs throughout the country in every Garda division, who are also supported by a Divisional Inspector with a Diversity Portfolio. An up-to-date GDO list is published on the Garda website.
Divisional Diversity Inspectors
There is an Inspector in each Garda division with responsibility for the Diversity portfolio who is available to provide guidance and support in relation to the investigation of hate crimes and hate incidents. TAHCLE (Training Against Hate Crimes for Law Enforcement) was provided by the Fundamental Rights Agency to all Diversity Inspectors in 2020.
Hate Crime / Diversity Training
Following a full independent review of Garda Diversity Training in January 2020, a new organisational approach to training is in the final stages of development and will be delivered throughout 2022. The training programme will increase Garda confidence in dealing with reports of racially motivated / hate crime.
The new bespoke online training programme was developed in conjunction with community representatives and Civil Society Organisations who have contributed valuable content to the programme. This has provided a welcome opportunity for diverse / minority groups to inform Garda training, ensuring the policing needs of all communities are addressed. The programme includes:
Online Hate Crime Training – rollout to begin in April, 2022
Online Diversity and Cultural Awareness Training – Q3, 2022
Online Leadership in Diversity in Policing Training – Q3, 2022
Additional Hate Crime Training – developed and delivered by GNDIU
GISC Call Takers
Throughout 2021, online training and guidance has been provided to call takers, reviewers and data quality teams in the Garda Information Service Centre (GISC) to ensure all hate crimes / incidents are recorded to the highest standard. An instructional video has also been recorded as a training guide. The availability of reliable data is essential for resource allocation, identification of trends, crime hotspots, repeat offending and repeat victimisation.
999 Call Handlers
To ensure the sensitive handling of hate-related calls, training commenced with 999 Call Handlers in 2021 and video training was recorded in Q1 2022.
PAF Administrators
Online hate crime training was delivered, in 2021, to PAF Administrators who are responsible, at district level, for the content and data quality of all PULSE incidents.
GDOs
With the lifting of COVID restrictions on public gatherings, in-person training has resumed for GDOs. Training commenced for 60 GDOs in the DMR and a number of training seminars are planned for 2022 in each Garda region.
During Covid restrictions, bespoke online training was provided for GDOs to address local policing requirements.
Specialist Units
Hate crime training is also provided, on a needs basis, for Specialist Interviewers, Immigration Officers, Dublin Airport Gardaí, Victims Offices, Armed Support Units etc.
Stakeholder training / awareness
Hate crime awareness training is also provided to the DPPs Office and Crime Victims Helpline. GNDIU also work in conjunction with the International Organisation for Migration (IOM) to provide Hate Crime Awareness to refugees / immigrant groups in Ireland. Information is also provided to residents in Direct Provision Centres.
Ongoing Training
Regular online training is offered by the OSCE / ODIHR (Office for Democratic Institutions and Human Rights) in relation to the treatment of Victims of Hate Crime. The next course “Sensitive and Respectful Treatment for Victims of Hate Crime” will be held in mid-April 2022, for a selection of GDOs, Diversity Inspectors and personnel from Garda Victims Offices.
Revisions to PULSE
In October 2020, an update to the Garda PULSE system introduced a number of measures to improve the reporting and recording of hate crimes and hate incidents on PULSE. The introduction of a mandatory hate-related tick box with associated discriminatory motives ensure data is recorded accurately. The introduction of the “H” hate-identifier allows for more efficient recording and analysis of hate-related data e.g. identifying trends, repeat offending and repeat victimisation. This allows for a more victim-focused Garda response.
Discriminatory motives are searchable on the Pulse System which allows for analysis of hate crime data specific to victims who were targeted because of their race / ethnicity / colour etc.
Daily Monitoring of Hate Crimes / Incidents
In line with the commitment in the Diversity and Integration Strategy, a monitoring unit was established to provide assurance to members of the public in relation to reports of hostility or hate-based occurrences. This includes daily monitoring of all recorded hate crimes / incidents on PULSE and Social Media, supporting investigating members, advising investigations and providing assurance to victims and their communities.
Policy and Procedures
To increase confidence and provide support and direction to Garda members in identifying, recording, investigating and prosecuting hate crime, a Policy Document - Responding to hate crime and non-crime hate incidents was developed and published in 2021. Additional procedures, aide memoire and information sheets have been provided to all Garda personnel and published on internal platforms.
Online Hate Crime Reporting
A new, non-emergency online hate crime reporting mechanism was launched in July 2021 to improve accessibility to the Garda service for victims of all types of hate crime. It is available via www.garda.ie and provides a safe and secure environment for victims, who may previously have been reluctant to report in person to An Garda Síochána.
Hate Crime Campaigns
A number of publicity campaigns have been held – a poster and social media campaign following the publication of the hate crime definitions; a social, news and written media campaign in support of the launch of the online hate crime reporting system, which included publicity and explanatory videos on garda.ie (scripted in 19 languages); and a hate crime information campaign with the publication of hate crime leaflets in 19 languages. Leaflets are available on garda.ie and in Garda stations. They were also circulated through the GDO network, CSOs and community groups.
Internal communication platforms were utilised to publicise hate crime information in conjunction with public campaigns. A further hate crime publicity campaign is planned for 2022.
Public Events
The GNDIU utilise opportunities at public events (e.g. India Day, Diwali, World Hijab Day, Holi, Open days and other community events) to publicise hate crime information and provide leaflets in all the relevant languages.
Social Media
The GNDI utilise Garda social media to mark relevant days / events in the diversity calendar. Social media posts include links to hate crime information and reporting system, when appropriate.
The Community Policing Toolkit
The Garda National Community Engagement Bureau launched an online Community Policing Toolkit in 2021. The Toolkit is hosted in a secure location on garda.ie and contains a variety of resources to inform and assist Gardaí when engaging with communities. It also contains a dedicated Diversity section containing useful information relating to hate crime and policing diverse / minority communities.

An Garda Síochána

Questions (600)

Bernard Durkan

Question:

600. Deputy Bernard J. Durkan asked the Minister for Justice the number of promotional appointments to be made within An Garda Síochána; and if she will make a statement on the matter. [16720/22]

View answer

Written answers

I have sought the information requested by the Deputy from the Garda authorities, however, the information was not available in time. I will write to the Deputy once the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 600 of 29 March 2022 where you sought: “to ask the Minister for Justice the number of promotional appointments to be made within An Garda Síochána”
As you will recall, I had sought the information requested from the Garda authorities and undertook to contact you again once the information was to hand. I have received a report from the authorities and the information is outlined below.
I am informed by the Garda authorities that the number of promotional appointments to be made is required to be in compliance with the sanctioned numbers for members at each rank. The Employment Control Framework (ECF) for each rank is provided in the following table.

Rank

ECF

Current Number

Commissioner

1

1

Deputy Commissioner

2

2

Assistant Commissioner

9

9

Chief Superintendent

47

44

Superintendent

168

168

Inspector

482

390

Sergeant

2210

2094

As you will be aware, the Garda Commissioner keeps under review the need to fill vacancies as operationally required. I am informed that the number of promotional appointments to be made for Garda Members is dictated by the operational policing need nationwide at any particular time.
I trust this information is of assistance.

Departmental Staff

Questions (601)

Neasa Hourigan

Question:

601. Deputy Neasa Hourigan asked the Minister for Justice the number of civil servants in her Department currently on secondment to the private sector; if she will list the entities that they are working for in each instance; and if she will make a statement on the matter. [17155/22]

View answer

Written answers

I can inform the Deputy that there are no civil servants in my Department currently on secondment to the private sector.

Public Sector Pay

Questions (602)

Matt Carthy

Question:

602. Deputy Matt Carthy asked the Minister for Health further to Parliamentary Question No. 72 of 9 March 2022, the manner in which the remuneration of the CEO of a company (details supplied) diverged from the range that applied in 2011; and if he will make a statement on the matter. [16169/22]

View answer

Written answers

The Deputy's query relates to the salary of the CEO of VHI and how it diverges from the range that applied in 2011. The salary for the VHI CEO in 2012 was €238,727 per annum, within the 2011 range mentioned by the Deputy. This salary was increased in 2016 to €250,000 per annum, with the consent of the Minister for Public Expenditure and Reform.

Special Educational Needs

Questions (603)

Bríd Smith

Question:

603. Deputy Bríd Smith asked the Minister for Health if his attention has been drawn to the fact that there are no on-site therapists for children with special needs at a school (details supplied); if he will acknowledge that these supports are vital for children with special needs; if there are plans to ensure that on-site therapists will be available at the school in the near future; and if he will make a statement on the matter. [16624/22]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

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