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Tuesday, 26 Apr 2022

Written Answers Nos. 1279-1302

Visa Applications

Questions (1279)

Catherine Murphy

Question:

1279. Deputy Catherine Murphy asked the Minister for Justice the number of instances in which an official and-or visa officer requested additional information in respect of an applicant’s standard of English before their arrival here in the past ten years to date. [20187/22]

View answer

Written answers

The information requested by the Deputy is not readily available for the entire period in question. Its preparation would require the expenditure of a disproportionate and inordinate amount of staff resources and time, which could not be justified in current circumstances where there are other significant demands on resources.

More generally, all applicants must show that they have the capacity to do their chosen course through the medium of English. If an applicant is applying for an English language course, they must have a basic level of English before coming to Ireland. English language course applicants are not required to provide evidence from a test provider when submitting their application.  However, they may be asked by the Visa Officer to provide alternative evidence of a basic level of English before coming to Ireland.

Applicants intending to attend second level, foundation level or a preparatory English course (required prior to some third level courses) must provide evidence of International English Language Testing System (IELTS) Academic Level 4.0 or English Test for Academic and Professional Purposes (ETAPP) Level B1 or equivalent.

Applicants intending to attend all other courses (not second level and not preparatory English) must provide evidence of IELTS Academic Level 5.0 or ETAPP level B2 or equivalent.

It should be noted that these are the requirements for a visa application and some course providers may require a higher standard for certain courses.

The certificate of an applicant’s English language standard must have been issued within two years of the expected start date of a course. As an exceptional measure, in response to the Covid-19 pandemic, my Department will accept certificates within three years of the expected start date of the course for the 2021/2022 academic year.

Visa Applications

Questions (1280)

Catherine Murphy

Question:

1280. Deputy Catherine Murphy asked the Minister for Justice the number of visas that have been revoked on an annual basis since the visa scheme was launched for persons wishing to learn English here. [20188/22]

View answer

Written answers

Any visa required national, including students, that wish to enter the State, and remain, for up to 90 days must have a Type C Short Stay Visa. For periods greater than 90 days they must have a Type D Long Stay Visa. For those staying longer than 90 days they are also required to register their permission to be in the State.

Statistics are not held in the manner requested by the Deputy. The table below details the study visas revoked 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 Revoked

Type C Visa

Type D Visa

2018

2

30

2019

3

30

2020

1

30

2021

0

24

2022 *

0

3

Total

6

117

*To End of March

A visa may be revoked for a number of reasons, including clerical or administration reasons.

Not all non-EEA national students who request entry to the State are visa required. A full list of visa required and non-visa required countries can be found on my Department's website at: www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf.

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.

Visa Applications

Questions (1281)

Catherine Murphy

Question:

1281. Deputy Catherine Murphy asked the Minister for Justice if it is a requirement to have proof of secure accommodation in place in order for an application to made and or be granted in respect of a person seeking a visa to study English here in advance of arrival to the State. [20189/22]

View answer

Written answers

A person seeking a visa to study English in the State is not required to have proof of secure accommodation in place in order to make an application. 

The conditions that prospective English language students must meet in order to be granted permission to remain in Ireland as a student are set out on my Department's immigration website at: www.irishimmigration.ie/coming-to-study-in-ireland/what-are-my-study-options/planning-to-study-in-ireland/.

Students enrolling on an English language programme listed on the Interim List of Eligible Programmes (ILEP) can register for a Stamp 2 immigration permission for up to eight months. However, the eligible programme must last 25 weeks in duration and the student must attend classes for a minimum of 15 hours per week with an 85% attendance required to have the permission renewed if they wish to undertake further studies in the State.  

A student may extend their permission for another eight months if they enrol on another 25 week English language programme. Immigration officials will seek evidence of their exam results and attendance before granting a further permission.

An Garda Síochána

Questions (1282)

Michael McNamara

Question:

1282. Deputy Michael McNamara asked the Minister for Justice the additional policing measures that will put in place at Lisdoonvarna, County Clare given the 300% increase in the population; and if she will make a statement on the matter. [20192/22]

View answer

Written answers

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with an unprecedented allocation provided in Budget 2022 of over €2 billion. As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes decisions on the deployment of personnel among the various Garda Divisions. The Commissioner is also responsible for the recruitment and training of Garda members and staff under the Act. As Minister, I have no direct role in these independent functions. 

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. The full complement of resources fluctuates on an ongoing basis and where a deficiency in resources is identified, the matter is considered fully and addressed accordingly.

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. 

As the Deputy is aware, the population increase in Lisdoonvarna is a result of accommodating families who have been displaced due to the war in Ukraine. These families are mostly women and children. I am advised that no policing issues have arisen to date and that no additional policing measures are required to be implemented in Lisdoonvarna at this time. I am further advised that the situation continues to be monitored and engagement with all the communities will continue.

I am advised by the Garda authorities that at 31 March 2022, the latest date for which figures are available, there were 314 Garda members and 49 Garda staff assigned to Clare Division. This represents respective increases of 7.5% and 58% since December 2012, when there were 292 Gardaí and 31 Garda staff assigned to the Division. 

In the interests of transparency, 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 (1283)

Michael McNamara

Question:

1283. Deputy Michael McNamara asked the Minister for Justice if she will ensure a permanent presence of gardaí with Ukrainian language skills in Lisdoonvarna, County Clare given the increase in population numbers; and if she will make a statement on the matter. [20193/22]

View answer

Written answers

As the Deputy will be aware, under Section 33 of the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the deployment of An Garda Síochána throughout the State. Additionally, the Commissioner is responsible under Section 26 of the Act for the management and administration of Garda business, including the recruitment and training of Garda members and staff. As Minister, I have no role in these matters.

I am advised by the Garda authorities that Gardaí, along with the Community Garda from Ennistymon Garda Station, are providing support to Ukrainian families in Lisdoonvarna and liaison groups. I am further advised that currently there are no members of An Garda Síochána with Ukrainian language skills attached to the Clare Division, however, in circumstances where a need arises, An Garda Síochána engage the services of an interpreter for interviewing victims of crime, providing legal rights and procedures to a detained person, interviewing suspects, identification parades, witness statements and specialist interviews.

I am informed that last month, Garda authorities developed and circulated an information leaflet for the Ukrainian Community in Ireland. This leaflet is available in Ukrainian, Russian and English and has been distributed to the Ukrainian families in Lisdoonvarna.

The leaflet can also be found at the following link on the Garda website and is available for distribution by Community Gardaí across the Country:

www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/information-for-the-ukranian-community-25-3-22.html.

Question No. 1284 answered with Question No. 1240.

Energy Usage

Questions (1285)

Neasa Hourigan

Question:

1285. Deputy Neasa Hourigan asked the Minister for Justice the special measures that her Department is taking to reduce energy usage in the scenario in which members of the public are being asked to do the same. [20298/22]

View answer

Written answers

Justice Plan 2022, which I published recently, commits to delivering on our climate and sustainability obligations and responsibilities, with the development of the Justice Climate Policy Statement being a key priority for 2022. My Department will continue to work reduce the carbon footprint of Justice projects by integrated climate impact awareness into our Project Management Frameworks, as was implemented in 2021. 

My Department has an ongoing programme of actions to continue to reduce energy use, including regular staff awareness campaigns, active building management system monitoring and maintenance, a power-off policy and a programme of works to progressively improve efficiency, including the replacement of older lighting with low-energy LED panels. 

This programme has been highly successful, achieving a 46% reduction in energy usage against the 2009 baseline by 2021, well above the 2020 climate target of 33%.  My Department will continue to actively work to further reduce our energy usage and carbon footprint, with the aim of meeting our 2030 and 2050 climate action targets. 

Data Protection

Questions (1286)

Patrick O'Donovan

Question:

1286. Deputy Patrick O'Donovan asked the Minister for Justice further to Parliamentary Question No. 731 of 22 March 2022, if she will provide details of correspondence between her Department, the Data Protection Commission and Limerick City and County Council since she first became aware of the Limerick issue on 21 January 2022. [20309/22]

View answer

Written answers

As outlined to the Deputy in response to Parliamentary Question No. 731 of 22 March 2022, on 23 September 2020, the Data Protection Commission wrote to my Department indicating that there were problems with the administration of CCTV schemes across Ireland. There was no particular mention of schemes in County Limerick. In that letter, the DPC offered observations on the draft general scheme of the Garda Síochána (Digital Recording) Bill, which are currently being addressed.

The General Scheme of the Garda Síochána (Digital Recording) Bill was approved by the Government and published on 29 April 2021. The General Scheme was sent to the Office of Parliamentary Counsel for formal drafting, and drafting is continuing. It is the intention to publish the Bill in the second quarter of 2022 and to complete its passage through the Oireachtas later this year.

My Department first became aware of the particular problems in Limerick City and County on 21 January 2022, when the DPC forwarded its report to assist my Department in drafting the new Bill, and officials from my Department met with a representative of Limerick City and County Council in February 2022. I understand that the Council and the Garda authorities are taking steps to address the issues raised by the DPC with a view to ensuring continuity of the CCTV schemes.

Citizenship Applications

Questions (1287)

Jackie Cahill

Question:

1287. Deputy Jackie Cahill asked the Minister for Justice the way that an American citizen who was born to Irish parents can apply for Irish citizenship; and if she will make a statement on the matter. [20318/22]

View answer

Written answers

Entitlement to Irish citizenship is determined by the Irish Nationality and Citizenship Act 1956, as amended, under which Irish citizenship may be obtained either by birth, by descent, or by way of naturalisation.

The requirements for foreign births registration are set out in section 27 of the Act. The Department of Foreign Affairs (DFA) manages the application process for these applications.

A person born outside of Ireland with a parent who was also born outside Ireland and a grandparent who was born in Ireland may become an Irish citizen by way of registration in the Foreign Births Register, maintained by DFA. People who are registered on the Foreign Births Register are automatically Irish citizens and do not need to apply for naturalisation. Further information for citizenship by descent can be found on the DFA website: www.dfa.ie.

Inspector of Prisons

Questions (1288, 1289, 1314, 1315)

Catherine Murphy

Question:

1288. Deputy Catherine Murphy asked the Minister for Justice the rationale for not publishing a series of reports by the Inspector of Prisons regarding Dóchas; if the contents of the reports are being challenged and or disputed; and if so, if she will provide the nature of those challenges and or disputes. [20323/22]

View answer

Patrick Costello

Question:

1289. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Question Nos. 609, 610 and 631 of 5 March 2022, the estimated timeframe for publishing the reports in question. [20355/22]

View answer

Éamon Ó Cuív

Question:

1314. Deputy Éamon Ó Cuív asked the Minister for Justice the actions she plans to take arising from the three-day monitoring report and the section 31(2) on the Dóchas Centre to ensure the safe custody and that the highest international standards apply in relation to the women in custody there; and if she will make a statement on the matter. [21209/22]

View answer

Éamon Ó Cuív

Question:

1315. Deputy Éamon Ó Cuív asked the Minister for Justice if arising out of the section 31(2) and three-day monitoring reports on the Dóchas Centre there are any staff disciplinary procedures in place or being considered; if any criminal investigations are ongoing based on the findings of the reports; and if she will make a statement on the matter. [21210/22]

View answer

Written answers

I propose to take Questions Nos. 1288, 1289, 1314 and 1315 together.

The Office of the Inspector of Prisons was established under the Prisons Act 2007 and is independent in how it carries out its functions. The Inspector's key role is to carry out regular inspections of prisons. 

As explained in my recent answer to a Parliamentary question on 5 April, there are currently three reports submitted to me by the Inspector of Prisons which relate to Mountjoy Women’s Prison (Dóchas Centre) and which have not yet been published.

The Inspector of Prisons' three day monitoring report of the Dóchas Centre was received in my office in August 2020.  The Inspector was also asked to carry out an investigation into matters arising in the Dóchas Centre, under section 31(2) of the Prisons Act.   As the Deputy will be aware from previous responses, it was always my intention to consider both of these reports together.  

In relation to the section 31(2) investigation report, this was submitted to me by the Inspector on 15 February 2022 and it is currently being examined by my officials.  Based on legal advice received by my Department, it is not proposed to publish this report at this time, and in light of this, further comment by me on its findings would not be appropriate .

As previously indicated, the final set of the Covid thematic reports from the Inspector of Prisons, including the report related to Mountjoy Women’s (Dóchas Centre), have been submitted to my Department and will be published shortly.

Question No. 1289 answered with Question No. 1288.

Victim Support Services

Questions (1290)

Jennifer Murnane O'Connor

Question:

1290. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the action that has been taken to date in implementing each of the recommendations of the Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences published by her Department in 2020, in tabular form; and if she will make a statement on the matter. [20361/22]

View answer

Written answers

I would like to thank the Deputy for raising this matter. Implementing the recommendations of the Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences, known as The O'Malley Review, has been a priority for me since I published the review in August of 2020.

As I know the Deputy is aware, in October 2020 I published and commenced implementation of Supporting a Victim's Journey, our ambitious plan to implement all the recommendations of The O'Malley Review, and I am chairing an Implementation Oversight Group comprising all relevant departments and agencies responsible for driving the implementation of the agreed actions.

The last meeting of the oversight group was held in February and I received an update on how each of the actions are progressing. I am happy with the progress that is being made, thanks to the shared dedication of all participants to reform our criminal justice system and to make sure the needs of the victim are paramount throughout the process.

In relation to the Deputy's request to have an update on the actions provided in tabular form, I have attached the latest Implementation Group Traffic Light Progress Table from Q1 of this year.

As part of the implementation of Supporting a Victims Journey, I have set up a number of sub-groups to work on advancing some of the high priority recommendations.

The first of these were tasked with mapping the journey that faces the victim and reviewing the availability of supports and the funding of civil society organisations providing frontline services. This subgroup commissioned an expert consultant to analyse and categorise the supports provided with grant funding made available by my Department.

The consultant identified a) geographical areas and b) categories of victims which represent gaps or unmet needs in the current provision of these support services for victims of crime within the criminal justice system. The consultant completed this exercise in July of last year and my Department contacted identified NGOs to distribute additional funding to provide additional services to address the gaps identified.

Recently I announced funding totaling €4.6m for more than 60 organisations to support victims of crime. This is an increase of over 20% on the previous total fund of €3.8m which was made available in 2021.

A second subgroup is carrying out work on the introduction of Intermediaries and the establishment of a pilot programme. An academic consultant from the University of Limerick, with the support of the sub-group, has been tasked with developing the framework for the operation and training of intermediaries and will engage with stakeholders in development of such. Development of the course content is currently underway.  Once training of these intermediaries has taken place, a pilot will take place in two locations; one in Dublin and one in a rural area.

The final subgroup is focused on developing specialist Training (Legal and otherwise) for the full range of frontline staff and professionals, including legal professionals. My Department has engaged a consultant to conduct a mapping exercise to establish what training is already being provided, and in what areas.

This exercise has commenced and aims to have a relatively short timeframe for completion so that the development work can begin. Building on that, the subgroup will then design a framework for provision of a range of training and awareness raising measures for those engaging with victims of sexual crime and vulnerable witnesses, and the categorisation of headings for specific types of training needed.

Outside of the work of the sub-groups, a number of key actions have been delivered as part of implementing Supporting a Victim’s Journey including:

- The introduction of preliminary trial hearings;

- The nationwide rollout of Divisional Protective Services Units (DPSUs);

- The first cohort of staff at a new sexual offences unit in the Director of Public Prosecutions office formally took up their roles last year;

- The establishment of a Victims’ Forum to provide further opportunities to engage closely with frontline organisations who support victims; and

- Work to promote the rights that victims of crime have and the supports that are available to them is advancing, including through the development of a new Victims Charter website www.victimscharter.ie and the distribution of informative printed material to public locations around the country.

In relation to the updates on sexual offences legislation that have been recommended in the O’Malley Report, work has started on drafting the heads of a General Scheme of a Sexual Offences Bill, which is expected to go to Government later this year.

TomO'MalleyImplementationReport

Domestic, Sexual and Gender-based Violence

Questions (1291)

Michael Lowry

Question:

1291. Deputy Michael Lowry asked the Minister for Justice if she has received correspondence from an organisation (details supplied) concerning the need to protect women form domestic, sexual and gender-based violence; and if she will make a statement on the matter. [20363/22]

View answer

Written answers

I can confirm that I have received the correspondence referred to and can assure the Deputy that tackling these heinous crimes is a priority for me, my Department and this Government.

As the Deputy will be aware, I am leading on the preparation of a new national strategy to combat domestic, sexual and gender-based violence. The strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. In February, I briefed those working in the sector on the progress of the strategy as part of that ongoing consultation, and a wider public consultation run by my Department concluded in March.

The strategy will set out the government's plan for a zero tolerance approach to domestic, sexual and gender based violence. I am also working on finalising an accompanying action plan for the rest of this year and next year which will set out how each of these aims will be achieved, which Departments and agencies are responsible for them, and the timeframe for delivery, so that our work is targeted, ambitious and deliverable.

It is intended that both the finalised strategy and the action plan will be brought to Government in the coming weeks. 

I also intend, for the first time, to establish in law a national agency tasked with responsibility for Domestic, Sexual and Gender Based Violence.

The agency will be responsible for overseeing all of the actions set out in the Third National Strategy and for delivering domestic violence services.

It will bring together the expertise that already exists within TUSLA and in the Department of Justice and will report to me, as Minister for Justice.

The agency will work closely with those departments and agencies and with the sector to ensure the services it provides are meeting the needs of victims of DSGBV and of the sector that support them.

The implementation plan I will bring to Government along with the Third National Strategy in the coming weeks will also set out what the proposals are in relation to the establishment of this new  agency. It will also set out the interim relationship between my Department and Tusla until that agency is established.

It is anticipated that the new Agency will be up-and-running within 18 months.

In addition to this work, my Department is also continuing to drive forward the implementation of Supporting a Victim’s Journey. We are determined to implement this plan in full so that when a victim of a crime comes forward, they will be safe in the knowledge that they will be supported, informed and treated with respect and dignity at every stage of their journey through the criminal justice system.

As part of delivering the actions in this plan, I recently signed an order to bring into operation the Criminal Procedure Act 2021. This Act provides for the use of preliminary trial hearings which will significantly improve the trial process for victims of sexual offences, including by reducing delay and disruption that might re-traumatise victims.

In relation to education and awareness raising in our fight against sexual and gender-based violence, I agree this is an important part of our work and that we must ensure we implement the programmes we have that work - not just at primary level but also at secondary level and in higher and further education and college as well.

We must also ensure that education takes place in our homes and that parents have conversations with children. Partners, work colleagues and friends should have these difficult conversations.

Over the past number of years, my Department been working to raise awareness generally about how we, as a society, need to stop excusing unacceptable behaviour.

The No Excuses campaign, for example, highlights this determination to challenge people and the culture, prejudice and values that allow any form of sexual harassment or sexual violence. As a society we all have a role to play in preventing sexual harassment and sexual violence and the No Excuses campaign underpins the message that sexual violence and harassment will not be tolerated and reminds people to take action when it is safe to do so.

Under the Third National Strategy, the Government will continue to work with our partners on raising awareness of DSGBV and on changing attitudes to it. As part of this we are developing an awareness campaign on the meaning and importance of consent in healthy relationships.

I am also focused on strengthening legislation to combat all forms of DSGBV and I recently secured Government approval to draft legislation to make stalking and non-fatal strangulation standalone offences.

While both stalking and non-fatal strangulation are already crimes, I am proposing a number of changes to make the law in this area clearer and stronger.

These new provisions, which will be included in the Criminal Justice (Miscellaneous Provisions) Bill, will:

- Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence

- Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution

- Strengthen procedural protections for alleged victims of stalking during the court process

- Introduce a standalone offence of non-fatal strangulation

The evidence is that when a specific stalking offence is introduced, it leads to a greater awareness of the crime and an increase in the number of crimes reported and ultimately prosecuted.

In the summer, I will publish a new Hate Crime Bill which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender. This will mean that certain types of crimes can be prosecuted as hate crimes where they are motivated by misogyny.

For other crimes, where there isn’t a dedicated hate-aggravated offence, the new legislation will require the court to take misogyny into account where there is evidence that this was the motivation, to reflect that fact in the sentence, and to reflect the fact that the crime was aggravated by this form of prejudice in the formal record.

Before the end of September, I will publish a new Sexual Offences Bill which will introduce important changes including:

- Extending victim anonymity to further categories of victims

- Repealing provisions for sentences to be delivered in public

- Legal representation for victims

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

Citizenship Applications

Questions (1292)

Michael Lowry

Question:

1292. Deputy Michael Lowry asked the Minister for Justice further to Parliamentary Question No. 606 of 1 March 2022, if her Departments review of the new scorecard system for persons who have recently turned 18 is finalised; and if she will make a statement on the matter. [20365/22]

View answer

Written answers

I can confirm to the Deputy that the review is due to be finalised shortly and the updated scorecards are expected to issue in the coming weeks. The slight delay in introducing the updated scorecards partly reflects my Department's desire to take on board additional stakeholder feedback that has been received in recent weeks.

The scorecard was introduced to help applicants to complete their applications with greater certainty than before. Since the go-live of the scorecards, my officials inform me that there has not been any reduction in the number of applications being received when compared to previous years, however, a preliminary review of applications received in recent weeks indicates that the quality of the applications has markedly improved.

This is a welcome development and builds on other innovative measures recently introduced in the citizenship application process, including the deployment of “Tara” the e-chat bot, e-payments, e-tax clearance and Gardaí e-vetting, and the removal of the requirement to provide the original passport when making an application, all of which have positively enhanced the applicant's experience.

Notwithstanding this, I am aware that for some applicants the scorecard may not have adequately addressed their individual circumstances.  In such cases, the Citizenship Division of my Department may accept a sworn affidavit, which could make up the deficit in points to enable the applicant to meet the necessary threshold. The affidavit will not be accepted in lieu of all appropriate proofs, only to make up the shortfall to enable the score of 150 points to be reached.

A previous examination by my Department of the citizenship application process indicated that incorrectly submitted applications were diverting considerable resources from general processing, resulting in the slowing down of all applications and adversely impacting on customer service. Considerable effort has therefore gone into clarifying the application guidelines published on my Department's immigration website (www.irishimmigration.ie) and and on making the application process itself more customer friendly, including the introduction of the new scorecard structure for proof of identity and residence.

Departmental Funding

Questions (1293)

Michael Ring

Question:

1293. Deputy Michael Ring asked the Minister for Justice if funding (details supplied) that has been allocated has been drawn down and spent; if there has been a follow-up or appraisal of the funding given under the various programmes or headings; if any of the allocated funding has been recouped or unspent; and if she will make a statement on the matter. [20400/22]

View answer

Written answers

I wish to advise the Deputy that the amount of funding my Department allocated to the named organisation from 2017 until 2019 was €270,655.21. Over this time period, this funding was provided as part of the work of the Office for the Promotion of Migrant Integration (OPMI) and the Irish Refugee Protection Programme (IRPP).

As the Deputy may be aware, responsibility for the OPMI and the IRPP transferred to the Department of Children, Equality, Disability, Integration and Youth in 2020 under the new Programme for Government. My Department has not provided any further funding in this regard since the transfer of those functions. 

Question No. 1294 answered with Question No. 1276.

Prison Service

Questions (1295)

Bríd Smith

Question:

1295. Deputy Bríd Smith asked the Minister for Justice the status of the nine cases being examined in 2019 in relation to sexual harassment assault claims in the Irish Prison Service; if the IPS examined the possibility of an embedded problem beyond treating complaints as individual cases apart from training in protected disclosures if there have been any progressive developments in rooting out sexual harassment, assault, both by viewing complaints on a wider organisational level and reacting expeditiously to any guilty parties; and if she will make a statement on the matter. [20542/22]

View answer

Written answers

I can assure the Deputy that supporting staff and managers in this important field is a key priority for the Irish Prison Service.

I am advised by the Director General of the Prison Service that Department of Public Expenditure and Reform’s Dignity at Work Policy is the mechanism by which complaints received from staff where bullying, harassment or sexual harassment is alleged against a colleague are managed.

The Irish Prison Service have confirmed that in 2019 there was one complaint of sexual harassment received, investigated and brought to conclusion under the Policy.  Since then, there have been no complaints received under this policy alleging sexual harassment. The Policy provides for the resolution of matters through local resolution, mediation, investigation or a combination of all three.

All Recruit Prison Officers receive training on the Policy which outlines the right to work in an environment free from sexual harassment and the options available in the event that they feel they have been sexually harassed.  This training also forms part of Continuing Professional Development.   

Information for staff on the Policy, the process and the supports available can be accessed on the Prison Service intranet system and can, of course, be accessed on a strictly confidential basis from the HR Directorate.

I can further advised the Deputy that in 2019 the Prison Service engaged with the Dublin Rape Crisis Centre to assist in appropriately addressing sexual harassment and sexual assault of staff in the workplace, to ensure the proper support systems are in place.

Workshops were run from late 2019 into March 2020 and all Governors, Directors, Staff Support Officers, Employee Assistance Officers and some HQ staff attended in order to equip them with the tools necessary to support affected staff.

In 2021, a Guidelines and FAQ document was circulated to all staff which brought together in one publication, the measures to take in the event of a staff member witnessing, or becoming aware of an alleged case of sexual harassment and/or assault.  

This area of work will continue to be the subject of ongoing attention and development within the IPS.

I am further advised that, while the question from the Deputy refers to protected disclosures training, the procedures outlined in the Protected Disclosures Policy of the Irish Prison Service, in keeping with the relevant legislation, are not intended to act as a substitute for normal day to day operational reporting or other internal employment procedures.  The Policy further outlines that personal complaints should generally be dealt with under the Irish Prison Service’s Grievance or Dignity at Work Procedures, as referred to above.

Charitable and Voluntary Organisations

Questions (1296)

Bríd Smith

Question:

1296. Deputy Bríd Smith asked the Minister for Justice if her attention has been drawn to the decision by a charity (details supplied) to cease operating; the alternative provision that has been made to ensure the work of this group continues and that supports remain in place; if any alternative to closure or redeployment of staff at the charity was discussed or examined by her Department or the probation services; and if she will make a statement on the matter. [20543/22]

View answer

Written answers

I am informed by the Director of the Probation Service that it was formally notified in March 2022 of the Board’s intention to wind down the organisation referred to by the Deputy.

The Probation Service has provided funding to the community organisation in question for the delivery of programmes and services to individuals and their families in Waterford. 

I am informed that the Department of Social Protection also provides funding to the organisation to support a Community Employment Drug Rehabilitation Programme. 

The Probation Service, in conjunction with other stakeholders, have continued to engage with the Board regarding the winding down process, and to explore the options for the future of the project as it relates to supports for participants. The Service has received assurances that it will be kept informed of developments as they arise.

In line with existing commitments, the Service will fund the organisation for the first half of this year, and will review the impact on the delivery of services to its existing clients in the region over the medium term.

Naturalisation Applications

Questions (1297)

Marian Harkin

Question:

1297. Deputy Marian Harkin asked the Minister for Justice if she will provide an update on an application for naturalisation for a person (details supplied); and if she will make a statement on the matter. [20554/22]

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.

Departmental Staff

Questions (1298)

Mary Lou McDonald

Question:

1298. Deputy Mary Lou McDonald asked the Minister for Justice the number of staff within her Department who availed of a secondment from January 2019 to date on the basis that it was not the intention of the staff member to return to his or her position within the Department. [20646/22]

View answer

Written answers

I can inform the Deputy that there are no staff within my Department who availed of a secondment from January 2019 to date, on the basis that it was not the intention of the given staff member to return to their position within my Department.

Crime Prevention

Questions (1299)

Paul Murphy

Question:

1299. Deputy Paul Murphy asked the Minister for Justice if his attention has been drawn to the fact that in Ireland it is estimated that up to 48,000 dogs are stolen every year (details supplied); the plans her Department has in place to address this; and if she will make a statement on the matter. [20654/22]

View answer

Written answers

Pet theft is an incredibly cruel crime which causes huge trauma for pet owners all over the country. I fully appreciate the strong emotional attachment we all have to our pets and that theft not only leads to their loss in our lives, but also a high level of concern for their welfare. It is also a crime which often affects, and is indeed often targeted against, older and particularly vulnerable people, for whom their pet is of huge emotional importance.

It is important to emphasise that theft offences already apply to this crime, and can carry very heavy penalties. The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for a maximum sentence of 10 years imprisonment in the case of offences of theft and handling of stolen property; while a maximum sentence of 5 years imprisonment is provided for the offence of possession of stolen property.

When imposing sentence, judges are not limited to considering the monetary value of a pet – the emotional distress to the victim caused by the offence is absolutely relevant and can be, and is, taken into account where appropriate. However, I acknowledge that the existing offence considers the offence as being one against property rather than a person or an animal and I am committed to examining the options to address the issue, including, if necessary, making legislative changes.

From an enforcement perspective, An Garda Síochána takes this issue very seriously and has conducted several important actions against those responsible. Gardaí have also disseminated information through the national Crime Prevention Officer Network regarding keeping animals secure and preventing these forms of theft. The Garda National Crime Prevention Unit's advice on pet safety, which is in line with the advice from animal welfare groups and animal insurance companies about keeping animals safe, can be viewed on the Garda website.

I would like to also emphasise the importance of microchipping. Every dog must be microchipped by the time it reaches 12 weeks of age, or earlier if it is sold or moved from its place of birth (Microchipping of Dogs Regulation 2015), and the microchip must be registered with an authorised database. Microchipping of all dogs protects the animals’ welfare, and assists with speedy identification of lost or stolen dogs and their owners. It is an offence to keep a dog over 12 weeks that has not been chipped and it is an offence to sell such a dog. Microchips can be easily checked at vets and by Gardaí. They are by far and away the most effective means of tracking and identifying dogs.

The Department of Agriculture have also made regulations covering the advertising for sale of animals under the Animal Welfare (Sale or Supply of Pets Regulations) 2019.

I am advised that An Garda Síochána record and investigate any report of the theft of a dog in line with their crime recording and investigation policies. Detection of dog theft is subject to intelligence led operations and the relevant information coming to hand.

To be of assistance to the Deputy, I have contacted the Garda Authorities and have been advised that the table below shows the number of incidents of reported dog theft in recent years.

Year Reported

2018

2019

2020

2021

2022

No. of Stolen Dogs

145

204

228

280

22*

* Includes incidents reported up to and including 18th April 2022.

Incident counts are based on reported date and were collated based on operational PULSE data as of 1:30am on the 19th of April 2022. Crime counting rules not applied and figures are provisional based on PULSE object descriptions of 'Dogs' within the 'Animals/Livestock/Poultry’ category and linked to reported incidents as ‘Stolen’. All figures are operational and subject to change. 

Question No. 1300 answered with Question No. 1240.

Youth Services

Questions (1301)

Paul McAuliffe

Question:

1301. Deputy Paul McAuliffe asked the Minister for Justice if she will provide a list of all justice youth diversion programmes in Dublin 1, 3, 7, 9 and 11; and the name, location, amount of funding and number of young people engaged in each programme in tabular form. [20682/22]

View answer

Written answers

As the Deputy will be aware, Youth Diversion Projects (YDPs) operate as a vital support to the statutory Garda Youth Diversion Programme in cooperation with local Gardaí. My Department funds the operation of 105 YDPs across the State at present, which are operated by community-based organisations.

The Youth Justice Strategy 2021-2027 identified a wide range of related and complementary measures and programmes which can assist young people in making positive life choices and avoiding repeated involvement with the criminal justice system. The Strategy commits to broadening the YDP service so that every child or young person who would benefit from this service may do so, primarily through the expansion of the geographical coverage of the existing network of 105 YDPs, but also through the establishment of a small number of new projects where a need is identified. 

It should be noted that YDPs do not operate within defined Local Authority Area limits and some overlap of the reach of the Projects between Local Authority Areas may occur, therefore YDPs based in particular postal areas of Dublin City may overlap into surrounding Local Authority Areas that are not part of that postal area.

The table below sets out the YDPs based in Dublin 1, 3, 7 and 11, as well as the funding provided by the Department in 2022 to those projects and the number of young people engaged as of the 31 December 2021, the latest date for when figures are available. 

For the Deputy's information, there is currently no YDP located in Dublin 9. 

Project

Community Based Organisation

Address

2022 Funding

No. of young people engaged 

Ballymun Youth Block

Crosscare

The Lighthouse, Sillogue Road, Ballymun, Dublin 11

€268,866.00

12

EFFORT

Crosscare

The Den Youth Centre, Finglas Youth Service, St. Helena's Road, Finglas South, Dublin 11

€142,001.00

16

FAN

Crosscare

The Den Youth Centre, Finglas Youth Service, St. Helena's Road, Finglas South, Dublin 11

€267,758.00

15

HAY

Foróige

Unit 1, Bailey's Court, Summerhill, Dublin 1

€378,808.00

62

Cabra Step Up

Cabra For Youth Clg

Cabra Parkside Community & Sports Centre, Ratoath Road, Cabra, Dublin 7

€238,907.31

12

MOST

Bradóg Youth Service

34 Dominick Place, Dublin 1

€425,681.24

15

SWAN

Swan Youth Service

25 Spencer Dock, North Wall, Dublin 1 and Unit 19.1.3, Docklands Innovation Park, East Wall Road, East Wall, Dublin 3

€425,505.00

23

An Garda Síochána

Questions (1302)

Paul McAuliffe

Question:

1302. Deputy Paul McAuliffe asked the Minister for Justice the number of gardaí and civilian staff in Dublin metropolitan region north in 2012 and to date in 2022; and the number that are assigned to each unit. [20683/22]

View answer

Written answers

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes decisions on the deployment of personnel among the various Garda Divisions. The Commissioner is also responsible for the recruitment and training of Garda members and staff under the Act and, as Minister, I have no direct role in these independent functions. 

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with an 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.   In this regard I welcome the strong interest shown in the latest Garda recruitment competition, 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. The continual commitment to this policy of redeployment has impacted and will continue to impact positively on local communities across the country, contributing to a more visible police presence.

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. The full complement of resources fluctuates on an ongoing basis and where a deficiency in resources is identified, the matter is considered fully and addressed accordingly.

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. 

I am advised by the Garda authorities that at 31 March 2022, the latest date for which figures are available, there were 802 Garda members and 65 Garda staff assigned to the DMR North Division. This represents respective increases of 8% and 38% respectively since December 2012, when there were 744 Gardaí and 47 Garda staff assigned to the Division. 

In the interests of transparency, 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.

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