Skip to main content
Normal View

Tuesday, 26 Apr 2022

Written Answers Nos. 1255-1278

Departmental Staff

Questions (1255)

Carol Nolan

Question:

1255. Deputy Carol Nolan asked the Minister for Justice the number of persons employed by her Department and bodies under the aegis of her Department with a rate of pay below the living wage of €12.30; the role that those persons occupy within her Department or relevant body; and if she will make a statement on the matter. [19633/22]

View answer

Written answers

It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is available. 

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 1272 to my Department, which was for answer on 26 April 2022, and in which you requested the number of persons employed by my Department and bodies under the aegis of my Department with a rate of pay below the living wage of €12.30; the role that those persons occupy within my Department or relevant body; and if I will make a statement on the matter.
As you will recall, the information you requested could not be obtained in the time available and I undertook to contact you again. Please find a response to this question provided below for your consideration.
The Programme for Government contains the commitment to “progress to a living wage over the lifetime of the Government”. There is currently no statutory living wage in Ireland.
My Department and the agencies overseen by my Department’s HR unit do not have any officers with a rate of pay below of €12.30 per hour based on a 37 hour work week.
I am further informed that the Legal Aid Board has one trainee solicitor on a rate of pay below €12.30 per hour. The rates payable for such trainees are guided by the Education Committee of the Law Society of Ireland.

Prison Service

Questions (1256)

Patrick Costello

Question:

1256. Deputy Patrick Costello asked the Minister for Justice the number of automated external defibrillators, AEDs, in use in the Irish Prison Service, broken down by institution. [19669/22]

View answer

Written answers

I can advise the Deputy that the number of Automated External Defibrillators (AED's) in use in the Irish Prison Service is as set out in the table.

The table reflects the current allocation of AED's throughout the prison estate and also shows the roll out of new AED’s which is currently underway and will replace the older models. 

The roll out of new equipment will be completed in the coming months and is being supported with updated training and instructions to all institutions.

 -

Prison

Current

New AED model being rolled out at present

1

Arbour Hill

1

1

2

Castlerea

2

2

3

Cloverhill

2

3

4

Cork

3

3

5

Dochas

1

1

6

Limerick

2

3

7

Loughan House

2

2

8

Midlands

2

4

9

Mountjoy

5

7

10

Portlaoise

3

3

11

Shelton Abbey

1

3

12

Training Unit

0

2*

13

Wheatfield

2

2

14

Irish Prison Service College

1

0

15

Longford Headquarters (HQ)

1

0

16

Building Services Division (BSD)

1

0

 

Total

29

36

* These will be allocated when the Training Unit reopens.

The Deputy may wish to note that the Irish Prison Service has a First Responder Group which is a group of highly qualified and experienced nurses and Chief Nurse Officers from across the service who support, administer and provide training in Basic Life Support Training for all healthcare staff.

Members of the group have a history of working in emergency, trauma and front line response services and use their skills, knowledge and experience to inform contemporary training.

They also have a very close professional allegiance with the Irish Heart Foundation and develop all Prison Service  training in such matters in line with international best practice and Foundation Regulations.

Departmental Bodies

Questions (1257)

Mark Ward

Question:

1257. Deputy Mark Ward asked the Minister for Justice the status of plans to redirect money and assets seized by the Criminal Assets Bureau back into the community; if a call for funding proposals will issue shortly seeking applications; and if she will make a statement on the matter. [19670/22]

View answer

Written answers

As the Deputy may be aware, on 11 April I opened applications for a new fund which will see the proceeds of crime re-invested in local projects to improve community safety.

Reflecting the success of An Garda Síochána and the Criminal Assets Bureau in seizing proceeds from criminal activity, the new fund will use money seized from the proceeds of crime to support investment in innovative community safety projects.

The Community Safety Innovation Fund, which is expected to grow in the coming years, will have an initial outlay of €2m for this year.  

It is anticipated that the kind of projects which may be supported will include new activities, not  already covered by existing funding streams, intended to:

- tackle crime or reduce the fear of crime;

- improve community safety and feelings of safety;

- support the creation of safe and resilient communities;

- reduce reoffending; or

- divert vulnerable individuals away from engagement in criminal behaviour.

This new fund will ensure that the success of An Garda Síochána and CAB is reflected in new investments in our communities, and on projects which will build strong and safe communities. Community Safety is about people being safe and, just as importantly, feeling safe within their communities. This, of course, goes beyond policing alone. This fund will ensure that the best proposals get the funding they need, and it will encourage the development of innovative ways in which to improve community safety from those people who understand local needs best. 

The Fund is open to bodies involved in community safety and will support them in addressing local needs and opportunities for innovation not provided for in other funds managed by Departments and agencies. The call for applications for the Fund runs from 11 April until 8 June 2022 and grants will range from €20,000 to €150,000.

The development of innovative ideas will also allow best practice on community safety and youth justice to be shared with other partnerships and communities nationally as new proposals are developed.

This launch fulfils a commitment in my Justice Plan 2022 to seek applications for community safety projects and similar initiatives from bodies involved in community safety.

Completed Application Forms are to be returned by 5 pm on 8 June 2022 to a dedicated email address: CommunitySafetyInnovationFund@justice.ie.

Further information is available on my Department's website at the following link: www.justice.ie/en/JELR/Pages/CSI-Fund-2022.

Naturalisation Applications

Questions (1258)

Seán Haughey

Question:

1258. Deputy Seán Haughey asked the Minister for Justice the number of Palestinians who have been given certificates of naturalisation in 2019, 2020, and 2021; If Palestinians can be given an automatic right to reside in Ireland; the number of times that section 15A(2) of the Irish Nationality and Citizenship Act 1956, as amended, has been utilised in respect of Palestinians in these three specified years; and if she will make a statement on the matter. [19684/22]

View answer

Written answers

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.  A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

The number of Palestinian nationals who have been granted certificates of naturalisation in 2019, 2020, 2021 and to date in 2022 are set out in the table.

Year

Adult

Minor (u18)

Total

2019

6

0

6

2020

11

3

14

2021

19

1

20

2022 (to date)

10

0

10

Total

46

4

50

Statistics are not currently compiled by my Department to provide the number of times that section 15A(2) of the Irish Nationality and Citizenship Act 1956 (as amended) has been utilised in respect of Palestinian nationals in the three specified years.

Section 15(A)(2) of the Act gives discretion to waive the conditions at paragraph (c), (e), (f) or (g) of subsection (1) or any of them if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. 

There are no programmes or arrangements currently in place that would allow Palestinian nationals to be granted an automatic right to reside in the State. As visa required nationals, they must obtain the appropriate visa prior to travelling to Ireland. Details of the legal pathways available to anyone who wishes to reside in Ireland on a temporary or permanent basis are available on my Department's immigration website: www.irishimmigration.ie.  

Citizenship Applications

Questions (1259)

Jackie Cahill

Question:

1259. Deputy Jackie Cahill asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [19714/22]

View answer

Written answers

The application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In 2021, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (1260)

Jackie Cahill

Question:

1260. Deputy Jackie Cahill asked the Minister for Justice the status of a naturalisation application by a person (details supplied); and if she will make a statement on the matter. [19715/22]

View answer

Written answers

The application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In 2021, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date.

It is open to the applicant to contact the citizenship division at citizenshipinfo@justice.ie at any time for an update on their application

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Departmental Staff

Questions (1261)

Sorca Clarke

Question:

1261. Deputy Sorca Clarke asked the Minister for Justice the salaries and expenses paid to advisers, Ministers and-or Ministers of State in her Department in 2020, 2021 and to date in 2022, in tabular form. [19750/22]

View answer

Written answers

The Deputy may wish to note that at present there are two people assigned to work with me as Special Advisers and they have been formally appointed by the Government. As the Deputy will be aware, the Minister of State does not have a special adviser.

For the sake of completeness, I have also included figures relating to prior to the change of Government in 2020.

The Deputy may also wish to note that for Ministers and Ministers of State, salaries are prescribed in accordance with the rates set by the Oireachtas and the figures shown here reflect the Ministerial element of salaries only. The figures shown also reflect any voluntary surrender of pay made by Minsters and Ministers of State.

For special advisers, salaries are paid in accordance with the rates set by the Department of Public Expenditure and Reform. The Minister for Public Expenditure and Reform must be notified of the rate of salary to be paid in all cases for special advisers and this has been done. In terms of expenses, these are paid directly to the individuals concerned. The figures supplied are correct up to 18 March 2022.

 -

 

2020

2021

2022

Grand Total

Ministers

Salary:

€63,637.85

€59,922.75

€17,934.26

€141,494.86

Expenses:

€80.50

-

-

€80.50

Ministers of State

Salary:

€30,547.67

€23,343.41

€5,524.82

€59,415.90

Expenses:

€6,387.00

€13,213.60

€4,072.72

€23,673.32

Special Advisers

Salary:

€177,482.82

€202,677.46

€47,548.33

€427,708.61

Expenses:

-

-

-

-

Grand Total

Salary:

€271,668.34

€285,943.62

€71,007.41

€628,619.37

Expenses:

€6,467.50

€13,213.60

€4,072.72

€23,753.82

Drug Dealing

Questions (1262, 1263)

Bernard Durkan

Question:

1262. Deputy Bernard J. Durkan asked the Minister for Justice the degree to which illegal drugs continue to be supplied on the streets of Dublin and cities and towns throughout Ireland in the context of progress made in terms of a reduction in supply and usage in the past five years; the extent to which statistical evidence is available to support the present policy in this regard; and if she will make a statement on the matter. [19789/22]

View answer

Bernard Durkan

Question:

1263. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which drug-related crime has been recorded over the past five years; the extent to which an increase or decrease has been noted; and if she will make a statement on the matter. [19792/22]

View answer

Written answers

I propose to take Questions Nos. 1262 and 1263 together.

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 conspiring to commit murder and soliciting to commit murder from a maximum term of imprisonment of ten years to a maximum sentence of life imprisonment.

I consider a maximum sentence of life imprisonment to be appropriate given the seriousness of the offences in question. The Deputy will appreciate that, ultimately, the Judiciary is best placed to decide on the appropriate sentence in any given case. The impact of all violent crime spreads far wider than the victims alone and it is vital that the powers available to the Judiciary are such as to provide an appropriate deterrent for conspiring to commit the most heinous crime of taking a person's life.

Work is continuing on the drafting of this Bill based on the General Scheme and further legal advices. I hope to be in a position to publish these provisions in the second quarter of this year.

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 and £142,520 (UK) 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:

- €1.75 million seizure of cocaine in Clondalkin on Friday, 15 April 2022.

- Approximately €160,000 of suspected cocaine during the course of a search in County Wexford on the evening of 8 April 2022.

- €580,000 in suspected cannabis herb and a man arrested following a search operation in the Castleblayney area of Co. Monaghan on 8 April 2022.

- €140,000 worth of diamorphine and  a man arrested following a search operation in Clondalkin on 30 March 2022. 

- €700,000 of suspected heroin and one man arrested following a search operation in Co. Clare on 25 March 2022.

As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.  The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics.  The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.  

Figures are published quarterly by the CSO at the following link: www.cso.ie/en/statistics/crimeandjustice/.

Question No. 1263 answered with Question No. 1262.
Question No. 1264 answered with Question No. 1253.

Domestic Violence

Questions (1265)

Bríd Smith

Question:

1265. Deputy Bríd Smith asked the Minister for Justice her plans to establish refuge centres for male victims of domestic violence; the options available to men who experience domestic violence; and if she will make a statement on the matter. [19887/22]

View answer

Written answers

Tusla provides funding to 60 organisations in the community and voluntary sector delivering specialist support services to victims of domestic, sexual and gender-based violence. This includes funding and support for 20 domestic violence refuges and funding to a range of organisations providing accommodation-based services to victims of domestic violence.

To date, funding the revenue cost of refuge services has been provided through Tusla and the Department of Housing, Local Government and Heritage and Housing Authorities have been key stakeholders around capital funding of new refuge developments.

Refuge services supported by Tusla typically comprise short-term emergency accommodation in a secure, high support setting for women and children at medium to high risk whose needs can’t be met in other settings. Only a minority of those experiencing domestic violence and engaging with support services need to access a refuge. In general terms, the need for provision of the current refuge model of service for men or transgender people on an extensive basis has not been a feature of Tusla engagement with stakeholders to date.

However, Tusla recognises the importance of having available and responsive DSGBV services for people of all genders, with the need to consider access to safe accommodation for men fleeing domestic violence. To begin to address this, Tusla is focusing on developing pathways to safe accommodation for men. Access to designated safe supported domestic violence accommodation for men is being established in 2022 in the Dublin area initially, but it is expected that this type of initiative will be extended once an effective approach can be established.  

Tusla funds two organisations to provide dedicated supports to men who are dealing with domestic violence, Men’s Aid and the Men’s Development Network. Increased funding has been provided to both of these organisations since 2020 to extend their services.

Both of these organisations can provide support, information and signposting for men who may need safe accommodation. Men (and their children, as relevant) who need to access accommodation because of domestic violence can be supported to access accommodation through Housing Authorities, and the Domestic Violence pathway to Rent Supplement introduced by the Department of Social Protection in 2020 is available to all victims, regardless of gender.

Tusla published a review of accommodation for victims of domestic violence in February 2022. An initial ten priority locations were identified for development of new refuge services. Implementation of findings from this review is being led by my Department and will be taken forward in the context of the third national strategy on domestic, sexual and gender-based violence. The strategy is gender neutral. 

Addressing the range of needs for those who experience domestic violence, particularly for people with complex or additional needs, is identified as a recommendation from the domestic violence accommodation review, and relevant actions are due to be included in the strategy, which I intend to bring to Government in the coming weeks.  

Given the current rate of delivery of accommodation I have established a high level Inter-Departmental Group to critically review the existing model of accommodation and develop revised model(s) of delivery.

Any groups with proposals around new refuge developments have been invited to notify Tusla in the first instance on plans in this regard.

Human Trafficking

Questions (1266)

Joan Collins

Question:

1266. Deputy Joan Collins asked the Minister for Justice if the membership of her Department’s stakeholders group on human trafficking includes any academics; and if so, the names of the academic members of the group. [19889/22]

View answer

Written answers

As the Deputy will be aware, the development of a new National Action Plan on human trafficking is taking place.

Professor Michael Breen, Mary Immaculate College, has produced a short and focused analysis of the current position in relation to human trafficking in Ireland. The analysis includes a research review, a synopsis of the extent of trafficking in Ireland and a summary of issues to address.

Following that analysis, the Department of Justice is now engaged with a working group to draft a new National Action Plan. Officials will be engaging with Civil Society representatives in the coming weeks with a view to finalising the plan to submit to Government in Q2 of this year.

The forum for stakeholders in relation to human trafficking consists of members from the following State Agencies and non-governmental agencies:

- An Garda Síochána

- APT (Act to Prevent Trafficking)

- Department of Health

- Department of Children, Equality, Disability, Integration and Youth

- Department of Justice

- Doras

- HSE

- Immigrant Council Ireland

- International Organisation for Migration (IOM)

- MECPATHS

- Migrants Rights Council Ireland

- Office of the Director of Public Prosecutions

- Probation Service

- Ruhama

- Sexual Violence Centre Cork

- Tusla.

Ukraine War

Questions (1267)

Jackie Cahill

Question:

1267. Deputy Jackie Cahill asked the Minister for Justice if a Ukrainian family that has moved to Ireland as refugees due to the ongoing war needs to produce documentation proving their status here in Ireland in order to rent a property to live in; and if she will make a statement on the matter. [19924/22]

View answer

Written answers

There is a coordinated whole-of-Government response to support people arriving in Ireland who have fled the violence in Ukraine. Government Departments and services are working together to implement Ireland's commitments under the EU Temporary Protection Directive (2001/55/EC), which has been activated for the first time to grant temporary protection to displaced persons from Ukraine.

Those eligible for Temporary Protection (granted initially for one year, but renewable) will have immediate access to the labour market, social welfare and other State supports as necessary, including accommodation. 

Any private rental agreements are a matter between the individual landlord and their tenant, however, the temporary protection permission letter issued by my Department may be shown as proof of their legal status in the State.

Ukraine War

Questions (1268)

Carol Nolan

Question:

1268. Deputy Carol Nolan asked the Minister for Justice if she will provide the update communicated by the deputy secretary general of her Department to Immigration, Asylum and Citizenship Bar Association, IACBA, webinar on the temporary protection directive, international protection and related immigration issues arising from the current conflict in Ukraine held on 24 March 2022; and if she will make a statement on the matter. [19968/22]

View answer

Written answers

The  presentation given by an official of my Department to the Immigration, Asylum and Citizenship Bar Association (IACBA) on the coordinated whole-of-Government response to support people arriving in Ireland who have fled the violence in Ukraine is available at the following link www.iacba.ie/ukraine. 

A centralised Government information portal is available on www.gov.ie/ukraine, and is regularly updated.

My Department’s Irish Immigration website also contains a Frequently Asked Questions (FAQ) page at: www.irishimmigration.ie/faqs-for-ukraine-nationals-and-residents-of-ukraine/. 

Legislative Reviews

Questions (1269)

Catherine Connolly

Question:

1269. Deputy Catherine Connolly asked the Minister for Justice the status of the review of the operation of Part 4 of the Criminal Law (Sexual Offences) Act 2017; if she has received the final review report to date; when she expects to publish the report; and if she will make a statement on the matter. [19972/22]

View answer

Written answers

As the Deputy will be aware, in July 2020 my Department contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act.

As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives. The review will consider all aspects outlined in the Terms of Reference.

While the review is independent of the Department, the expert has advised that she expects to be in a position to present the outcome of the review in Q2 of this year.

Legislative Process

Questions (1270)

Thomas Pringle

Question:

1270. Deputy Thomas Pringle asked the Minister for Justice when the Criminal Law (Mutual Recognition of Custodial Sentences) Bill 2021 which passed Committee Stage in the Houses of the Oireachtas in September 2021 is due for Fourth Stage; if the drafting of amendments to existing legislation which would facilitate the transfer of Irish prisoners in the UK and other non-EU jurisdictions back to Ireland is near completion; when these amendments will be published; and if she will make a statement on the matter. [19979/22]

View answer

Written answers

As the Deputy will be aware, the purpose of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 is to implement the provisions of EU Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU. 

Consideration of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 completed Dáil Committee Stage on the 10 November 2021.  

As the Deputy will be aware, significant issues have arisen in respect of inward transfers, most notably from the United Kingdom.

While the Bill will address these issues for EU transfers, it does not, as it stands, alter the position for other Convention states. Critically, after Brexit, UK transfers do not fall under the Framework Decision and will continue to take place under the Convention and existing 1995 Act.

The issues involved are particularly complex given the wide range of possible sentencing structures that may be involved, and that the amended regime must be suitable to deal not only with transfers from the UK, but also from other Convention states. 

The Government approved heads of amendments to the Convention regime in December 2021. An outline of these amendments is available on my Department’s website. Work is continuing on the formal drafting of these amendments and I expect to introduce them as soon as possible at Report Stage of the Bill.

Legislative Reviews

Questions (1271)

Brendan Smith

Question:

1271. Deputy Brendan Smith asked the Minister for Justice the measures that her Department will implement to address issues relating to the retention of mobile phone data to ensure that the security services have all appropriate and effective means available to investigate serious crime in respect of national security or serious organised criminality; her views on whether there are legislative deficiencies to be addressed in view of a recent ruling by the Court of Justice of the European Union; and if she will make a statement on the matter. [19987/22]

View answer

Written answers

I have noted the judgment of the CJEU in relation to the Irish reference to the Court on data retention matters. The case has reverted to the Supreme Court  and officials in my Department will consider, together with the Attorney General’s Office, the judgment of the Supreme Court when the case is finalised.

In the meantime, my Department is developing proposals which will aim to support, to the greatest degree possible, the detection, investigation and prosecution of crime and the safeguarding of the security of the State.

I will bring the necessary legislative proposals to Government in due course.

Residency Permits

Questions (1272)

Bernard Durkan

Question:

1272. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [19996/22]

View answer

Written answers

In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.  

Departmental Staff

Questions (1273)

Holly Cairns

Question:

1273. Deputy Holly Cairns asked the Minister for Justice if her Department and public bodies and agencies that operate under her remit facilitate internships by students engaged in full-time or part-time further and higher education courses; if so, the number of interns that her Department and public bodies and agencies that operate under her remit accept annually; if any or all of these interns receive remuneration of any kind; and if she will make a statement on the matter. [20011/22]

View answer

Written answers

I wish to advise the Deputy that in any given year, my Department facilitates a number of internships for students engaged in full-time or part-time further and higher education courses. Ordinarily these internships run throughout the academic year (i.e. September to May).

I have provided details of internships which were facilitated by my Department in 2021 below for the Deputy’s consideration:

- Legal Internships: My Department has developed partnerships with a number of Third Level Institutions in Ireland to facilitate applications from law students who wish to complete a legal internship with my Department.. The successful candidates are placed on an 8 month paid internship within my Department and the remuneration for this internship placement opportunity is in line with the first point of the Executive Officer PPC Salary Scale. During 2021, my Department facilitated 7 legal internships.

- Willing Able Mentoring programme: My Department also collaborates with ‘Ahead’ on their Willing Able Mentoring programme (WAM). This programme aims to promote access to the labour market for graduates with disabilities and to build the capacity of employers to integrate disability into the mainstream workplace. The remuneration for this internship placement opportunity is in line with the first point of the Executive Officer PPC Salary Scale. During 2021, my Department facilitated 2 internships from the Willing and Able Mentoring Programme.

- ICT Business Internship: My Department also works with Third Level Institutions to facilitate ICT business internship placements. The remuneration for this internship placement opportunity is in line with the first point of the Clerical Officer PPC Salary Scale.  During 2021, my Department facilitated 1 person on the ICT business internship placement.

With regard to internship programmes undertaken by the agencies, bodies and offices under the aegis of my Department, the Deputy may wish to note that, on 30th November 2021, An Garda Síochánalaunched the first Garda Diversity Internship. The programme is in line with a key recommendation of the Report on the Commission on the Future of Policing in Ireland, which specifically identified a need for An Garda Síochána to strengthen its efforts to recruit a more diverse workforce through the development of an Access Programme, aligned with national inclusive education initiatives. Delivery of this programme fulfils an objective of the current police reform programme ‘A Policing Service for our Future’.

I am informed that 28 interns are now employed on the programme on a full-time, short-term basis; 13 third level graduates and 15 recent school leavers. I understand that graduate interns to this programme are employed on an 11-month contract which concludes at the end of November 2022, and that these interns are remunerated on a pro-rata basis at point 1 of the Executive Officer salary scale.

I am also informed that school-leaver interns are employed on a 9-month contract which concludes at the end of August 2022 and that these interns are remunerated on a pro rata basis at point 1 of the Clerical Officer salary scale. This internship aims to increase the accessibility and understanding of, and potential for, a career in An Garda Síochána for school-leavers and graduates, particularly those from groups typically underrepresented in the organisation.

I am informed that the Psychology Service of the Irish Prison Service (IPS) currently has the following students engaged in full-time or part-time internships/higher education courses:

- Two students are completing PhDs researching the National Violence Reduction Unit which is attached to the Midlands Prison and a review of a new model of engagement by the IPS and Probation Service with Life Sentence Prisoners.  

- Five students are completing Masters in Applied Psychology – Mental Health, with University College Cork. These students are provided with placement experience two days per week from January to July each year as part of their Masters Programme.  These five students are currently assigned to Arbour Hill Prison, Wheatfield Prison, Mountjoy Prison, Cork Prison and the Midlands Prison.  There is no cost to the IPS. 

Details of the number of interns in the Courts Service for the years 2020-2021 are provided in the following table.  I am advised that these interns are paid the first point on the Clerical Officer Salary scale.

Year

Number of interns

2020

9

2021

12

2022

12

The Deputy may also wish to note that the Legal Aid Board facilitated 16 Third Level students on internships since 2021. I am advised that no remuneration was received by the interns and that the Board do not have a limit on internships accepted annually. I understand that the internships are both part time and full time and range from 2 weeks to 3 months.

I am informed that the Policing Authority runs a student internship programme each year and that the Authority usually accepts one student intern annually. Student Interns are remunerated at the first point of the Clerical Officer PPC scale and salary is pro-rated for the duration of the contract, and that in 2021/22 academic year this amounted to €9,773.

I am advised that the Criminal Assets Bureau (CAB) had 2 transition years students on work experience in 2019 – one student for 5 days and one for 10 days. I understand there was no cost to the CAB.

Forensic Science Ireland (FSI) supervise research projects in collaboration with National and International Universities and, as part of this work, supervise approximately 1-2 students per year. I am informed that these are usually short term projects but can extend up to 9 months, and that the students do not receive remuneration of any kind.

Insolvency Service of Ireland (ISI) currently has two legal interns, both of whom were recruited through my Department’s internship programme.

Finally, I have also included details of the number of interns in the International Protection Appeals Tribunal for the years 2018-2021 in the following table. I am advised that these internships were unpaid.  

Year

Number of interns

2018

5

2019

8

2020

1

2021

1

Question No. 1274 answered with Question No. 1253.

Visa Applications

Questions (1275)

Michael Creed

Question:

1275. Deputy Michael Creed asked the Minister for Justice if a visa application will be processed for a person (details supplied) who has secured a general employment permit. [20115/22]

View answer

Written answers

The person referred to by the Deputy created an online employment visa application on 16 March 2022. The supporting documentation and fee waivers were applied on 22 March 2022 in the New Delhi visa office. 

Processing of this application is ongoing at present.  As each application is examined under it's own merits, it is not possible to give an exact timeframe for completion.  However, the person can be assured that there will be no avoidable delay in finalising their application and they will be notified as soon as a decision has been reached by a Visa Officer.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Prison Service

Questions (1276, 1294)

Ivana Bacik

Question:

1276. Deputy Ivana Bacik asked the Minister for Justice her views on the Prison (Amendment) Rules 2020 S.I. No. 250/2020; her further views on the need for prisons to restore visiting hours for prisoners and to ensure that prisoners who are parents can be visited by all of their children; and if she will make a statement on the matter. [20122/22]

View answer

Mark Ward

Question:

1294. Deputy Mark Ward asked the Minister for Justice when contact visits will be restored in Mountjoy Prison given that relatives feel that no-contact visits only are having a detrimental impact on families' and inmates' mental health. [20512/22]

View answer

Written answers

I propose to take Questions Nos. 1276 and 1294 together.

I am advised by my officials in the Irish Prison Service that they continue to review and modify Covid-19 restrictions which have been in place as a result of the pandemic.

Restrictive measures have been modified in line with the various announcements made by Government and in line with advice from Public Health/HSE and the Irish Prison Service National Infection Control team.

The Service is acutely aware of the need for prisoners to maintain contact with their families and the new video visit system which was introduced in 2020 continues to allow families to maintain contact with those in custody.

Since 14 February 2022 the number of visitors permitted on an in-person visit increased to three people, two of whom may be a child (under 18 years of age). 

Prisoners are currently entitled to receive one thirty minute physical visit every fortnight and on the weeks that they are not receiving a physical family visit, prisoners are able to avail of a video visit. Prisoners may also choose to avail of a video visit instead of a physical visit if that is their preference. 

Although no decision has yet been taken in relation to the resumption of weekly visits or to allow physical contact on a visit, I can assure the Deputy that these matters are under constant review. 

As the Deputy will be aware, we have experienced another significant surge of Covid-19 in our communities recently and this was reflected in our prisons with multiple outbreaks occurring across the estate. This situation continues to present a high risk of transmission to the prison population and this risk is higher with the increased movement of people in and out of our prisons.

Immigration Policy

Questions (1277)

Neasa Hourigan

Question:

1277. Deputy Neasa Hourigan asked the Minister for Justice the appeal process in place for those who are refused leave to land in the State upon presenting at our airports and other ports of entry; and if she will make a statement on the matter. [20178/22]

View answer

Written answers

As the Deputy will appreciate, every State has a duty to protect its borders and to refuse entry to people not entitled to enter the State. This is a fundamental exercise of State sovereignty, which is  necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.

The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).

Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and thus gain entry to the State. In performing their duties, an Immigration Officer is required to consider all of the circumstances of the non-EEA national at the time of entry.

If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process. However, they will still be recorded as a refusal of leave to land.

A refusal of leave to land by the Border Management Unit (BMU) is first considered by the Immigration Officer and is always signed off by a more senior officer. There is no appeal process, but it is important to note that a refusal of leave to land, unlike a deportation or a removal order, is specific to the arrival instance and does not preclude the person from seeking to enter the State in the future if they satisfy the conditions for entry. The principle of non-refoulement applies to these decisions.

Visa Agreements

Questions (1278)

Catherine Murphy

Question:

1278. Deputy Catherine Murphy asked the Minister for Justice the number of visas issued on an annual basis since the visa scheme was launched for persons wishing to learn English here. [20186/22]

View answer

Written answers

My Department does not collate information by course type and therefore cannot supply details for English language students only.

The following table relates to study visas granted to visa-required nationals, for all types of courses including secondary level, English language and third level courses up to and including PhD (Level 10).

Year

C - Short Stay Visa

D - Long Stay Visa

Total

2018

4,131

9,793

13,924

2019

4,904

12,313

17,217

2020

618

7,203

7,821

2021

165

11,582

11,747

2022*

122

2,540

2,662

*To End of March

If a person wishes to study in Ireland for longer than 90 days, they must choose a course from the Interim List of Eligible Programmes (ILEP). The following types of course are listed:

- English Language programmes lasting at least 25 weeks;

- Higher Education programmes from level 6 to 10 on the National Framework of Qualifications;

- Professional Awards; and

- Foundation programmes.

These programmes are offered by a range of education providers.

Entry visas are normally valid for three months. Each visa sticker contains a “From” date and an “Until” date. The applicant may choose to travel on any dates between and including these dates. The visa may not be used after the “Until” date has passed.

A visa does not give the holder a right to enter the State. It permits the holder to present at a port of entry. Entry into the State, for both visa required and non-visa required nationals, is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individual to have all documentation relating to their reasons for entering Ireland ready for presentation to the Immigration Officer to gain entry.

The Immigration Officer may grant leave to enter up to a maximum period of three months. They may, depending on the documentation presented, refuse entry to the State or grant a lesser period than three months.

People who wish to reside in the State should prepare documentary evidence of private health insurance, along with details of their finances to show how they will be able to maintain themselves, or be maintained, whilst in the State.

Once granted entry to the State, the student will be required to register their permission at their local registration office.

Top
Share