Written Answers Nos. 200-219
201. Deputy Pa Daly asked the Minister for Justice her views on the security review undertaken by her Department and an Garda Síochána in relation to cabinet ministers; the recommendations made and the relevant spend and personnel numbers associated with this programme to date in 2022.; and if she will make a statement on the matter. [22384/22]
View answerAs the Deputy will appreciate, for good reason, it is not the practice to comment on security matters relating to the protection of office holders. It would not be appropriate for me to give details of the arrangements that may be put in place with regard to Ministerial security. To do so would be contrary to the public interest.
The personal safety of office holders is a priority, and the arrangements for Ministerial security operate dynamically on the basis of an ongoing threat assessment and a risk analysis carried out by An Garda Síochána who are the operational experts in these matters. Arrangements in individual cases are subject to review by An Garda Síochána, having regard to the particular circumstances and in consultation with the office holder.
More generally, my Department and An Garda Síochána keep all security matters, including the safety and security of public representatives, under constant review. The Commissioner is responsible for the distribution of Garda resources deployed for these purposes.
202. Deputy Jackie Cahill asked the Minister for Justice if a person whose parent have Irish citizenship whilst they hold a stamp 3 would have the right to fly home for two months and return on their stamp 3 visa; and if she will make a statement on the matter. [22441/22]
View answerAny person is free to travel from the State regardless of whether their Irish Residence Permit (IRP) card is in date or has expired.
Non visa-required nationals trying to re-enter the State may rely on their in-date IRP card or will need to provide proof of their permission to reside in the State, such as a letter from my Department, to an immigration officer on their arrival in the State.
If a person's IRP card has expired and they are a visa-required national, then they will require a visa to return to the State. They can apply to their local Visa Office/Embassy for the relevant visa to allow them to travel back to Ireland.
Entry into the State 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.
Further information is available on my Department's immigration website at: www.irishimmigration.ie.
203. Deputy Mick Barry asked the Minister for Justice if her attention has been drawn to a study published by the Irish Penal Reform Trust entitled Sometimes 'I'm Missing the Words’ which has identified that non-Irish nationals and people of colour tend to be sentenced to longer custodial sentences than average and which reported racism in the prison service; the steps she will take to tackle racism and prejudice in the justice system; and if she will make a statement on the matter. [22449/22]
View answerBias, inequality and racism have no place in our societies. I very much welcome the work of the Irish Penal Reform Trust on these important issues and I can assure the Deputy that the recommendations are currently being examined by officials in my Department and the criminal justice agencies with a view to informing future practice and operations.
In this regard I would note that a range of equality, diversity and integration measures are already in place across key criminal justice sector bodies including An Garda Síochána, the Irish Prison Service and the Probation Service, consistent with the obligations which exist under the Public Sector Human Rights duty, and with a view to delivering fair and accessible services. These important measures and initiatives are being kept under review and there is ongoing work to be done in this regard.
The Deputy will be aware, of course that sentencing is a matter solely within the discretion of the trial judge having regard to the circumstances of the case and of the accused and subject to any limits as may be prescribed by law for a particular offence. A Sentencing Guidelines and Information Committee has been established by the Judicial Council, to support the work of the Council in relation to the development of sentencing guidelines, and neither I nor my Department has any role in the operation of the Council or its Committees.
I understand that the Judicial Council has adopted guidelines in relation to Judicial conduct and ethics on 4 February this year and the Council is promoting and maintaining a high standard of conduct amongst Judges having regard to these guidelines.
204. Deputy Violet-Anne Wynne asked the Minister for Justice the number of gardai by rank attached to Clare Divisional Protective Services Bureau as of 1 May 2021 and 1 May 2022, in tabular form. [22454/22]
View answerAs the Deputy may be aware, the national roll out of Divisional Protective Service Units (DPSUs) has been complete since September of 2020.
It means specially trained officers are available nationwide to engage with and interview victims of certain crimes. This specialisation will ensure that when victims of domestic and sexual violence present to Gardaí – at perhaps their most vulnerable moment – they are met with professional and expert assistance.
Personnel assigned to DPSUs undergo bespoke training on issues such as investigation of sexual crime; child protection; investigation of domestic abuse; online child exploitation and sex offender management.
Under Budget 2022, an additional €1m is being provided to AGS to refurbish and upgrade the Divisional Protective Service Units. This commitment will allow us to better support and protect vulnerable victims.
I am informed by the Garda Commissioner that there are currently 359 staff assigned to DPSUs.
The table below shows the number of Gardaí attached to Clare Divisional Protective Services Unit
|
National Vacancy Rate By Age (June 2021) |
|
|
Up to 1 year (0-12 months) |
20% |
|
1 year+ to 2 years (13-24 months) |
10% |
|
2 years+ to 3 years (25-36 months) |
17% |
|
3 years+ to 4 years (37-48 months) |
17% |
|
4 years+ to 5 years (49-60 months) Non-School-Going |
12% |
|
4 years+ to 5 years (49-60 months) School-Going |
42% |
|
5 years+ to 6 years (61-72 months) Non-school going |
30% |
|
5 years+ to 6 years (61-72 months) School going |
48% |
|
6 years+ to 8 years (73-96 months) |
37% |
|
8 years+ |
34% |
|
Total |
21% |
205. Deputy Imelda Munster asked the Minister for Justice the number of senior investigating officers; the total full-time equivalent of each divisional protective service unit; and if she will make a statement on the matter. [22467/22]
View answerI have sought the information requested by the Deputy from the Garda authorities, however, the information was not available in time. I will write to the Deputy once the information is to hand.
206. Deputy Imelda Munster asked the Minister for Justice the number of senior investigating officers; the total full-time equivalent of each child protection unit 2017 to date; and if she will make a statement on the matter. [22468/22]
View answerI have sought the information requested by the Deputy from the Garda authorities, however, the information was not available in time. I will write to the Deputy once the information is to hand.
207. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if she will confirm that period products are readily available for all women in Dóchas and Limerick prisons and that the prisoners are not obliged to ask for or buy period products; and if she will make a statement on the matter. [22476/22]
View answerI am aware that issues regarding the availability of period products featured in the recent Covid-19 Thematic reports from the Inspector of Prisons. I am advised by the Irish Prison Service that period products are available free of charge for all women in the Dóchas Centre and Limerick Prison and I can assure the Deputy that all women in Dóchas Centre and Limerick prison have access to sufficient supply of these and other products such as toiletries.
I am informed that the procedures for the distribution of period packs to women in the Dóchas Centre is that each woman is provided with a monthly pack, which can be requested through the prison Red Cross Volunteer Group. Requests for these products were previously made to the Class Officer. In Limerick prison a range of period products are available for the women and a monthly provision is provided, on request, from a dedicated female prison officer at the prison reception. Upon request, additional products can be provided and I can assure the Deputy that those in custody are not charged for these essential personal items.
208. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if she will outline the regular on-site therapeutic sexual violence supports that are available to women in Dóchas and Limerick prisons; and if she will make a statement on the matter. [22477/22]
View answerI want to assure the Deputy that a range of prison and in-reach services are made available to women in custody who are victims of sexual violence. Victimisation due to sexual violence requires both trauma-informed and trauma-specific interventions in the prison context and trauma-specific services which are clinical services including psychotherapy, counselling, addiction services, psychology, psychiatry and specialist nursing support among others.
More specifically, the Psychology Service in both the Déchas Centre and Limerick Prison provide bespoke mental health assessment and interventions for victims of sexual violence. In this regard the first full time permanent Senior Clinical Psychologist in Limerick Prison commenced work the week beginning 2 May 2022 and will will work closely with the Senior Clinical Psychologist in Dochas Centre in developing consistent, trauma-specific services for women in custody.
Separately, crisis support is provided by the Nursing Team, who are on-site 24 hours a day and by Primary Care GP, with assessment by the Sexual Assault Treatment Unit if required. Further therapeutic referrals are made as appropriate to the Rape Crisis Centre (psychotherapist on-site in both prisons), psychiatry, Merchant’s Quay and other services as required and I understand that contact with An Garda Síochána is supported in parallel, as appropriate to the individual’s context.
209. Deputy Jennifer Carroll MacNeill asked the Minister for Justice when physical contact with visiting children will recommence in all prisons; and if she will make a statement on the matter. [22478/22]
View answerI 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.
The most recent significant surge of Covid-19 in our communities was also 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.
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 one 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, non-screened visits will recommence from Monday 9 May 2022 subject to necessary infection control measures. This will allow for physical contact between prisoners and their children. The potential return to weekly visits will be kept under constant review.
210. Deputy Kathleen Funchion 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. [22513/22]
View answerThe 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 of my Department 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.
211. Deputy Ivana Bacik asked the Minister for Justice the number of inmates currently detained in the Irish Prison Service that are being held purely on remand for between one and two years and two years or more. [22521/22]
View answerI am advised by my officials in the Irish Prison Service that the information requested by the Deputy, as of 2 May 2002, is presented in the following table -
|
Establishment |
1 to 2 Years |
2 Years Plus |
Total |
|
Castlerea Prison |
2 |
1 |
3 |
|
Cloverhill Remand Prison |
24 |
5 |
29 |
|
Cork Prison |
2 |
0 |
2 |
|
Limerick Prison* |
3 |
0 |
3 |
|
Midlands Prison |
13 |
6 |
19 |
|
Mountjoy Prison* |
3 |
4 |
7 |
|
Portlaoise Prison |
1 |
0 |
1 |
|
Wheatfield Prison |
7 |
4 |
11 |
|
Total |
55 |
20 |
75 |
*Inclusive of male & female prisoners in both institutions.
212. Deputy Ivana Bacik asked the Minister for Justice if guidelines are given to individual prisons in the drawing up of regime management Plans; and, if so, if those guidelines include reference to the need to ensure effective sentence management with a view to rehabilitation and prevention of re-offending. [22522/22]
View answerI am advised by my officials in the Irish Prison Service that each prison, as a matter of policy, is required to develop its bespoke Regime Management Plan based on guidelines set out by the Irish Prison Service.
The purpose of a Regime Management Plan is to assist in providing the maximum out of cell time, exercise, regime and rehabilitative services to prisoners on any given day and to provide prison managers with a system for managing prisons, prison regimes and prisoner populations in as safe a manner as is practicable given the available staff resources.
A central element to each Regime Management Plan is access to rehabilitative services and a core aim of prison rehabilitation is to assist in the reduction and prevention of reoffending.
The Regime Management Plan Policy, its protocols and procedures are designed to take account of other Irish Prison Service policies which are interlinked with service provision and human rights entitlements including integrated sentence management.
213. Deputy Ivana Bacik asked the Minister for Justice when she will be publishing the completed Office of the Inspector of Prisons reports into the Midlands Prison, Loughan House, Castlerea Prison and the Dóchas centre. [22523/22]
View answerI am pleased to inform the Deputy that the relevant thematic reports by the Office of the Inspector of Prisons were published on 28 April 2022.
The reports can be accessed on the both the websites of the Office of the Inspector and my Department.
www.oip.ie/thematic-inspection-reports-for-portlaoise-arbour-hill-cork-and-shelton-abbey-2/
www.justice.ie/en/JELR/Pages/COVID-19_Thematic_Inspections_of_Prisons
214. Deputy Peter Burke asked the Minister for Justice if there is any particular process in the case of Ukrainian refugees seeking to work in Ireland for the Garda vetting in the current circumstances, or if the Ukrainian refugees are to apply in the normal way provided they have proof of identity; and if she will make a statement on the matter. [22527/22]
View answerAs the Deputy will be aware, the EU Temporary Protection Directive (2001/55/EC) has been activated in response to the Ukraine crisis. Ireland participates in this measure, which is given legal effect under section 60 of the International Protection Act 2015.
Those fleeing the conflict in Ukraine will generally be eligible for this temporary protection, initially for one year and on a renewable basis. It will provide beneficiaries with immediate access to the labour market, along with access to social welfare, accommodation and other State supports.
There is no requirement for any beneficiary of temporary protection to have an employment permit issued by the Department of Enterprise, Trade and Employment, to access the labour market. The temporary protection permission letter issued by my Department establishes the right of access.
As with all applications for employment in the State, the personal credentials of the applicant and any specific qualifications, vetting or professional licence they require for the role should be verified by potential employers as part of the candidate selection process. My Department does not have a role in this process.
The Deputy will be further aware that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016 and neither I, as Minister, nor my Department, have any role in the processing of vetting applications.
Specifically, section 12 stipulates the requirement for "Relevant Organisations" to receive Vetting Disclosures from the Garda National Vetting Bureau prior to them employing individuals, regardless of their nationality, to conduct "relevant work or activities" in line with the Schedules set out in the Act.
As the Deputy will appreciate, the Garda National Vetting Bureau do not assess the suitability of persons taking up relevant work or activities with Relevant Organisations. Rather, the Bureau issue Criminal Record Disclosures in line with the legislation, to assist Relevant Organisations in making safer recruitment decisions and it is the Relevant Organisation which makes the decision to employ or otherwise.
All Relevant Organisations seeking to employ persons to conduct relevant work or activities are required to do so in line with the current legislation framework, as set out in the National Vetting Bureau (Children and Vulnerable) Persons Acts 2012/2016.
If a Relevant Organisation in Ireland is asking individuals to provide evidence of no convictions from another jurisdiction, then that is a request being made by that organisation as the decision maker on the suitability of a person to take up employment in Ireland.
For the Deputy's information, I am aware that the Ministry of Internal Affairs of Ukraine provides a service for candidates to generate by themselves the relevant official non-conviction certificate through the recently launched online service vytiah.mvs.gov.ua/app/landing. However, I am informed that this Ukrainian non-conviction certificate is not a system that the National Vetting Bureau uses or has any further knowledge of.
215. Deputy Jackie Cahill asked the Minister for Health when he expects the Health (Assisted Human Reproduction) Bill 2022 to become law; and if he will make a statement on the matter. [22387/22]
View answerThe Health (Assisted Human Reproduction) Bill 2022 passed Second Stage in the Dáil on March 23rd 2022 and has been referred to the Select Committee on Health for Third Stage. As the Deputy will appreciate, I am not in a position at this juncture to give a definitive timeline for the Bill’s complete passage through the Houses of the Oireachtas, nor its subsequent commencement. However, I am certainly most eager to see progress as quickly as possible in respect of this much-needed and long-awaited legislation, which is a priority for me and my Department, as well as representing a Programme for Government commitment.
216. Deputy Maurice Quinlivan asked the Minister for Health the position regarding the case of a child (details supplied) who has been advised he will be waiting two years for an MRI at University Hospital Limerick; and if he will make a statement on the matter. [22368/22]
View answerUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
217. Deputy Cathal Crowe asked the Minister for Health if section 39 frontline health workers who worked throughout the pandemic will be entitled to the health workers’ pandemic bonus; and if he will make a statement on the matter. [22369/22]
View answerFirstly I would like to extend my sincere gratitude to all healthcare workers for their efforts during this most challenging period.
To recognise their unique role during the pandemic, the Government announced a COVID-19 recognition payment for frontline public sector healthcare workers. Eligibility guidelines for this payment, as applies in HSE and Section 38 organisations, were published by the HSE on 19th April and are available at www.hse.ie/eng/staff/resources/hr-circulars/hr-circular-012-2022-pandemic-special-recognition-payment.html.
Separately, the Department of Health shall shortly publish information for those other certain healthcare employees that are covered by the Government Decision and the process available to their employers to implement this measure for their eligible staff. This shall cover eligible staff in:
- Private Sector Nursing Homes and Hospices (e.g. Private, Voluntary, Section 39 etc.);
- Eligible staff working on-site in Section 39 long-term residential care facilities for people with disabilities;
- Agency roles working in the HSE;
- Health Care Support Assistants (also known as home help / home care / home support) contracted to the HSE;
- Redeployed members of Department of Defence to work in the HSE;
- Paramedics employed by the Department of Local Government, Housing and Heritage
Arrangements for this sector encompassed by this measure are currently being progressed by the Department of Health.
218. Deputy Patrick Costello asked the Minister for Health if he will provide specific funding for an initiative (details supplied) to be rolled out in all counties across the State. [22386/22]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.
219. Deputy Pauline Tully asked the Minister for Health further to Parliamentary Question No. 210 of 23 February 2022, if the full eligibility criteria for healthcare workers to receive the Covid-19 frontline bonus payment have been published; if and how groups seeking eligibility made or can make a submission; and if he will make a statement on the matter. [22390/22]
View answerOn 19th April, the HSE published additional details on this payment, including full eligibility criteria, particulars, and terms and conditions that apply to HSE and Section 38 organisations' employees. This information is available at www.hse.ie/eng/staff/resources/hr-circulars/hr-circular-012-2022-pandemic-special-recognition-payment.html.
On the Deputy's particular question, I have referred the question to the HSE for direct answer and reply.
