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Tuesday, 21 Jun 2022

Written Answers Nos. 658-671

Crime Prevention

Questions (658)

Ivana Bacik

Question:

658. Deputy Ivana Bacik asked the Minister for Justice the steps that are being taken to tackle the reported incidence of hate crimes being perpetrated across the country, especially against members of the LGBT+ community. [31941/22]

View answer

Written answers

I strongly condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice. In recent months we have seen vicious crimes take place. These types of attacks cannot, and will not, be tolerated.

We live in a diverse and welcoming country and our laws and values should reflect this. I will as soon as possible, subject to Government approval, publish the Criminal Justice (Hate Crime) Bill to legislate against hate crime and hate speech and help ensure that Ireland is safe, fair and inclusive for all.

The Bill will strengthen the law around hate crime by creating new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. The protected characteristics under the Hate Crime Bill include sexual orientation and gender.

Aggravated offences will generally carry an enhanced penalty and the record of any conviction for such an offence would clearly state that the offence was a hate crime.

I'm informed by the Garda authorities that the Garda National Diversity and Integration Unit (GNDIU) forms part of the Garda Community Relations Bureau and has a very positive working relationship with minority communities in Ireland.

The Garda Diversity and Integration Strategy is externally focused on An Garda Síochána’s relations with the communities that it serves, delivering on the obligations on An Garda Síochána in relation to human rights and equality under Irish, EU law and international conventions.

Under the National LGBTI+ Inclusion Strategy, An Garda Síochána are working to significantly increase reporting of hate crimes to An Garda Síochána by members of the LGBTI+ community owing to the more open relationship that has been developed.

I am further informed that An Garda Síochána has implemented a number of specific operations in Dublin City aimed at addressing anti-social activity. The operations involve increased uniform and plain clothes proactive patrolling of the city, with a particular emphasis on the city centre.

Operation Citizen, established in November 2021, is a co-ordinated approach involving Gardaí from both Dublin Metropolitan Region South Central and North Central with an emphasis on providing high-visibility policing in the city centre to provide reassurance to the public and proactively tackle incidents of anti-social behaviour.

I am further informed that, as part of An Garda Síochána’s ongoing national response to hate crime, the GNDIU provides assurance to members of the public in relation to reports of hate-based occurrences. This includes daily monitoring of all recorded hate crimes / incidents on PULSE and social media, advising investigating members, supporting investigations and providing assurance to victims and their communities.

A new, non-emergency online hate crime reporting mechanism was launched by An Garda Síochána in July 2021 to improve accessibility to the Garda service for victims of all types of hate crime. It is available via the garda.ie website and provides a safe and secure environment for victims, who may previously have been reluctant to report in person to An Garda Síochána.

Legislative Measures

Questions (659, 702, 703)

Aengus Ó Snodaigh

Question:

659. Deputy Aengus Ó Snodaigh asked the Minister for Justice the reason for the delay in setting up the public consultation in relation to disregard legislation to exonerate men convicted before the courts of the State before gay law reform; when it is expected to commence; and if she will make a statement on the matter. [31962/22]

View answer

Jim O'Callaghan

Question:

702. Deputy Jim O'Callaghan asked the Minister for Justice when consultation on the drafting of legislation to disregard convictions for laws relating to homosexuality that were repealed in 1993 will commence; and if she will make a statement on the matter. [32372/22]

View answer

Jim O'Callaghan

Question:

703. Deputy Jim O'Callaghan asked the Minister for Justice when she expects the consultation process into convictions for laws relating to homosexuality that were repealed in 1993 will conclude; and if she will make a statement on the matter. [32373/22]

View answer

Written answers

I propose to take Questions Nos. 659, 702 and 703 together.

As the Deputy may be aware, I published a progress report from the Working Group to Examine the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity between Men on Thursday, 5 May.

The Victorian-era laws which were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply because of their sexual orientation.

I am conscious that nearly 30 years later, the damage that was caused by these laws continues to impact negatively on too many people’s lives. While this harm can never be fully undone, I am strongly committed to bringing to Government and publishing a scheme to disregard convictions for qualifying offences prior to decriminalisation in 1993.

The Working Group consists of representatives from my Department, An Garda Síochána, the Irish Human Rights and Equality Commission (IHREC), the Office of the Attorney General and three members of the LGBTI+ community with expertise in this area. 

The report identifies progress made by the group to date on a number of key issues, as well as proposed next steps. Some of these key issues include identifying appropriate records, what happens to records, criteria for a conviction to be eligible for a disregard, and offences to be included under the disregard scheme.

The purpose of the proposed public consultation is to allow representative organisations and affected people to provide input, based on their lived experience, on a number of key issues identified by the Working Group as requiring further input from affected communities, which will inform the Group’s final deliberations, and ensure more effective policy-making and implementation.

Since the publication of the Progress Report in May, work has been ongoing to progress all of the next steps in the report including the development of resources to enable an effective and accessible public consultation.

The public consultation will be launched this summer. As set out in Justice Plan 2022, the final report of the Working Group is scheduled for submission to me by the end of Q3 2022, subject to the conclusion and outcome of the consultation process.

An Garda Síochána

Questions (660)

Cormac Devlin

Question:

660. Deputy Cormac Devlin asked the Minister for Justice if Adamstown is being considered for a new Garda station by Garda management; the criteria and the way that potential sites and locations are identified; and if she will make a statement on the matter. [32063/22]

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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 responsibility for the formulation of proposals in relation to the opening and closing of Garda stations.

The programme of development, replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the development, provision and maintenance of Garda accommodation.

I am advised by the Garda authorities that the determination of the need for an upgraded, refurbished or new Garda Station is considered by An Garda Síochána having regard to a range of factors, including the overall accommodation requirements arising from An Garda Síochána’s operational needs, the expansion of the Garda workforce, the implementation of A Policing Service for the Future (APSFF) and of the new Garda Operating Model, and the sum of capital funding available.

I am informed that the provision of a new Garda Station at Adamstown does not form part of An Garda Síochána’s current capital plan.

Legal Aid

Questions (661, 662, 663, 664)

Michael Ring

Question:

661. Deputy Michael Ring asked the Minister for Justice if he will outline the total expenditure on the free legal aid scheme for the years 1990, 2000, 2010, 2015 and 2020; the breakdown of this expenditure as it relates to each level of court, district, circuit and so on in tabular form; and if she will make a statement on the matter. [32067/22]

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Michael Ring

Question:

662. Deputy Michael Ring asked the Minister for Justice the proportion of court hearings at each court level that were covered by the free legal aid scheme in 2020 and 2021, in tabular form; and if she will make a statement on the matter. [32068/22]

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Michael Ring

Question:

663. Deputy Michael Ring asked the Minister for Justice if she will list the top ten solicitors or legal companies who were the recipients of free legal aid for each of the years from 2015 to 2021, inclusive; and if she will make a statement on the matter. [32069/22]

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Michael Ring

Question:

664. Deputy Michael Ring asked the Minister for Justice the income asset limits for persons to qualify for free legal aid; when this limit was set; when it was last reviewed; and if she will make a statement on the matter. [32072/22]

View answer

Written answers

I propose to take Questions Nos. 661, 662, 663 and 664 together.

The expenditure on criminal legal aid in each of the years 2010, 2015 and 2020, as requested, is set out in the Table 1 as is the information for 2021. 

Table 1 - Expenditure on criminal legal aid in each of the years 2010, 2015 and 2020

Year

Total Spend (million)

2010

€56.5

2015

€50.9

2020

€62.2

2021

€73.4

I wish to inform the Deputy that it has not been possible to obtain total expenditure figures for the years 1990 and 2000 and compiling this information  which is over 20 years old would require a manual trawl of paper-based records which would draw on the limited resources of the area concerned. Furthermore, statistics in relation to Criminal Legal Aid are not compiled in such a manner as to permit disaggregation to readily identify expenditure on a County by County, or Court level basis.

The top ten solicitors or legal companies who were the recipients of free legal aid for each of the years from 2015 to 2021 is set out in the Table 2 below. 

Regarding criminal legal aid, the Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation.

The granting of legal aid is subject to the applicant satisfying the court of two criteria. The applicant for legal aid must establish to the satisfaction of the court that - 

(i)  their means are insufficient to enable them to pay for legal aid themselves. This is purely a discretionary matter for each court and is not governed by any financial eligibility guidelines.

(ii) by reason of the 'gravity of the charge' or 'exceptional circumstances' it is essential in the interests of justice that the applicant should have legal aid. The relevant legislative provisions are sections 2 and 6 of the Criminal Justice (Legal Aid) Act 1962 CLA PQ Response

Question No. 662 answered with Question No. 661.
Question No. 663 answered with Question No. 661.
Question No. 664 answered with Question No. 661.

Residency Permits

Questions (665)

Neasa Hourigan

Question:

665. Deputy Neasa Hourigan asked the Minister for Justice if she will outline the process by which a third-country national who resides in Ireland and needs to travel urgently can obtain a re-entry visa while their application for a renewal of their Irish residence permit card is being processed; and if she will make a statement on the matter. [32084/22]

View answer

Written answers

Dublin-based customers can apply online for the renewal of their IRP card and do not require a re-entry visa if they have a valid IRP card, which will facilitate their return to the State. 

If they need to travel and are awaiting the renewal of their IRP card, they should include evidence of any travel arrangements made with the renewal application.

In an emergency, customers can contact my Department's Immigration Service Helpdesk at immigrationsupport@justice.ie, who will endeavour to assist them. 

Where it has not been possible to renew an IRP card prior to their departure from the State, a  person can make a new visa application at their local embassy or consulate to allow them to return to the State.

Drug and Alcohol Testing

Questions (666)

Cormac Devlin

Question:

666. Deputy Cormac Devlin asked the Minister for Justice if she will provide an update on Garda roadside alcohol and drug testing detections, including the number of detections by county for alcohol, opiates, cocaine, benzodiazepines and cannabis since the introduction of the drug detection scheme in 2017; the current thresholds for each category in tabular form; and if she will make a statement on the matter. [32086/22]

View answer

Written answers

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

The following deferred reply was received under Standing Order 51:

As you will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including the enforcement of road traffic legislation. As Minister, I have no direct role in these matters. I am further informed that in relation to the recording of breath tests performed improved recording structures were implemented on the PULSE System on the 13 August 2017 and this date is taken as the start point for the examination of data for intoxicant testing carried out at Mandatory Intoxication Testing Checkpoints.

Figures for Garda divisions with less than ten records have not been included.

As the Deputy may be aware any thresholds for a given category are set out in the Road Traffic Act 2016.

I am informed by the Garda authorities that the table below provides a yearly breakdown of the number of positive roadside alcohol breath tests carried out at Mandatory Intoxication Testing Checkpoints from 2017 up to 30 November 2022.

Positive Roadside Breath Tests by Division

13 August 2017 to 30 November 2022

Cavan/Monaghan

207

Clare

96

Cork City

240

Cork North

180

Cork West

203

D.M.R. Eastern

138

D.M.R. North Central

117

D.M.R. Northern

181

D.M.R. South Central

93

D.M.R. Southern

248

D.M.R. Western

222

Donegal

251

Galway Div

259

Kerry

184

Kildare Div

524

Kilkenny/Carlow

228

Laois/Offaly

222

Limerick

254

Louth Div

136

Mayo/Roscommon/Longford

331

Meath Div

242

Sligo/Leitrim

88

Tipperary

191

Waterford Div

213

Westmeath Div

143

Wexford Div

307

Wicklow Div

134

I am informed by the Garda authorities that the table below provides a yearly breakdown of the number of positive roadside drug oral fluid tests carried out at Mandatory Intoxication Testing Checkpoints from 2017 up to 30 November 2022.

Positive Roadside Oral Fluid Tests by Division

13 August 2017 to 30 November 2022

Cavan/Monaghan

102

Clare

64

Cork City

48

Cork North

70

Cork West

168

D.M.R. Eastern

58

D.M.R. North Central

90

D.M.R. Northern

116

D.M.R. South Central

89

D.M.R. Southern

136

D.M.R. Western

191

Donegal

50

Galway Div

<10

Kerry

68

Kildare Div

204

Kilkenny/Carlow

64

Laois/Offaly

83

Limerick

225

Louth Div

22

Mayo/Roscommon/Longford

93

Meath Div

59

Sligo/Leitrim

55

Tipperary

46

Waterford Div

65

Westmeath Div

42

Wexford Div

78

Wicklow Div

25

Additional Information

Figures are based on incidents which occurred from 13/08/2017 to 30/11/2022, inclusive. All information contained in this report is based upon operational data from the Pulse system as was available on 06/12/2022 and is liable to change.

I hope that this information is of assistance.

Residency Permits

Questions (667)

Bernard Durkan

Question:

667. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application pursuant to the regularisation of long-term undocumented migrants scheme in the case of a person (details supplied); and if she will make a statement on the matter. [32106/22]

View answer

Written answers

The scheme for the Regularisation of Long Term Undocumented Migrants opened for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The scheme is only open to those who do not have a current permission to reside in the State and who meet the eligibility criteria, and will enable successful applicants to remain and reside in the State and to regularise their residency status.

The application from the person referred to by the Deputy was received by the Undocumented Unit of my Department on 8 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

In order to be fair to all applicants, applications are processed in order of the date on which they are received. Processing times may vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation supplied and the Garda vetting process. Applications where there is an existing deportation order in place will also require additional processing.

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf.

Departmental Data

Questions (668, 706)

Bríd Smith

Question:

668. Deputy Bríd Smith asked the Minister for Justice if her attention has been drawn to the fact that there have been 511 violent attacks on trans sex workers to date in 2022; her plans to address this; if these attacks are recorded specifically as attacks on trans sex workers; and if she will make a statement on the matter. [32150/22]

View answer

Paul Murphy

Question:

706. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to the fact that there have been 511 reported attacks on people who identify as trans sex workers in 2022 (details supplied); the actions that are being taken by her Department to address violence against trans sex workers; and if she will make a statement on the matter. [32647/22]

View answer

Written answers

I propose to take Questions Nos. 668 and 706 together.

I strongly condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice. In recent months we have seen vicious crimes take place. These types of attacks cannot, and will not, be tolerated. We live in a diverse and welcoming country and our laws and values should reflect this. In the coming period I will publish, subject to Government approval, the Criminal Justice (Hate Crime) Bill which will legislate against hate crime and hate speech and help to ensure that Ireland is safe, fair and inclusive for all. The Bill will strengthen the law around hate crime by creating new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic.The protected characteristics under the Hate Crime Bill include sexual orientation and gender. Aggravated offences will generally carry an enhanced penalty and the record of any conviction for such an offence would clearly state that the offence was a hate crime. I am advised by Garda authorities at the Garda National Protective Services Bureau that they are not in a position to provide comment in respect of the statistics supplied as they are not in a position to verify the source or accuracy of this data. An Garda Síochána are aware that persons who work in the sex trade, whether they identify as transgender or not, may be subject to attacks. In addressing this, An Garda Síochána employs a victim-focused approach. Personnel assigned to the Organised Prostitution Investigation Unit (OPIU), within the Garda National Protective Service Bureau (GNPSB), maintain regular contact with many Non-Governmental Organisations (NGO’s), who work with persons in the sex trade. The OPIU also conduct regular safeguarding checks with persons who work in the sex trade, in addition to investigating criminal matters suffered by victim of crime, who work in the sex trade, regardless of their gender identity. Regarding the recording of violent assault incidents by An Garda Síochána, where a person is a victim of a violent assault, I am further advised that the PULSE system does not specifically record whether the victim works in the sex trade or any other activity. Also, the PULSE system does not record the victim's sexual orientation or gender identity, other than male or female, unless there is prima facia evidence that the assault may be considered a ‘hate crime’ and motivated by discrimination. In such circumstances, the incident is given the additional designation of ‘hate crime’ and the appropriate ‘Discriminatory Motive’ section is completed, which identifies age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender as a motive.

Alcohol Sales

Questions (669)

Aengus Ó Snodaigh

Question:

669. Deputy Aengus Ó Snodaigh asked the Minister for Justice if she will provide an update on her plans to modernise licensing laws and application processes in line with her commitments under the night-time culture section of the Programme for Government. [32175/22]

View answer

Written answers

The Programme for Government commits to modernising our licensing laws and application processes, and my Justice Plan 2022 commits to publishing and enacting new laws to update and modernise licensing laws. I am delivering on that commitment by preparing Heads of a General Scheme of a Sale of Alcohol Bill. The objective of the proposed Bill is to repeal the Licensing Acts 1833 to 2018, the Registration of Clubs Acts 1904 to 2008, and the Public Dance Hall Act 1935, and to replace them with updated and streamlined provisions more suited to the 21st century. Codifying alcohol licensing law into a single Act will make it more accessible and user-friendly for the licensed trade, courts, Gardaí and the public.

The creation of new categories of intoxicating liquor licences in order to meet the needs of new areas of activity in the hospitality sector is under consideration.

Any changes in alcohol licensing laws must be balanced with the need for regulation in the public interest, in particular, public health and public order.

Reforms will be developed with a supportive approach to businesses, and the interests of public health, consumers and communities will be central to implementation.

Last November, I launched a wide-ranging consultation to seek the views of the public on the modernisation of Ireland’s licensing laws. The consultation, which ran until 21 January this year, looked at how best to update the existing laws governing the sale and regulation of alcohol in Ireland. Members of the public, academics, sectoral groups, and representative organisations were invited to complete an online survey and/or make a written submission to my Department.

There was a high level of response to the consultation, with in excess of 5,000 responses received. My Department is now reviewing these responses to ensure the reform of the legislation takes account of and is informed by this engagement.

The Deputy may also be aware that, on 10 March, I hosted a consultation webinar and panel discussion event on the reform of the alcohol licensing laws to give an opportunity for further discussion of the issues of concern to stakeholders.

That webinar can be viewed on my Department’s YouTube channel via the following link: www.youtube.com/watch?v=0tMtKzd_9jA.

It is intended to progress this legislation in the months ahead. Submissions from stakeholders will of course be carefully considered in the context of publication of the forthcoming Bill. Details of the proposed reform will be included in the General Scheme when published.

An Garda Síochána

Questions (670)

Alan Kelly

Question:

670. Deputy Alan Kelly asked the Minister for Justice the number of Garda mountain bikes attached to each Garda District within the Tipperary division as of 31 December 2020 and 14 June 2022, in tabular form. [32217/22]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the distribution of resources across the various Garda Divisions. As Minister, I have no direct role in this matter.

The table below, which has been provided to me by the Garda authorities, sets out the allocation of mountain bikes by district within the Tipperary Division.

District

31-Dec-20

14-Jun-22

Cahir

3

3

Clonmel

3

3

Nenagh

3

3

Thurles

3

3

Tipperary Town

2

2

Total

14

14

An Garda Síochána

Questions (671)

Alan Kelly

Question:

671. Deputy Alan Kelly asked the Minister for Justice further to parliamentary question No. 629 of 10 May 2022, if she has received the necessary information from the Garda authorities. [32218/22]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the recording of traffic offences, collisions and seizures of vehicles. As Minister, I have no direct role in these matters.

The Road Traffic Act provides for the detention, removal, storage and subsequent release or disposal of a mechanically propelled vehicle. A member of An Garda Síochána may detain a vehicle which is in use in a public place in the following circumstances;

- The person driving the vehicle refuses or fails to produce a driving license or learner permit;

- The vehicle is uninsured under section 56 (1) of the Road Traffic Act 1961, or the Garda is of the opinion that the vehicle is being used uninsured;

- The Garda is of the opinion that the excise duty on the vehicle, if registered in the State, has not been paid for 2 months or more prior to its use;

- The vehicle is, or a member of the Garda Síochána is of the opinion that the vehicle is being so used in contravention of section 18 (1) of the Principal Act;

- The vehicle is, or a member of the Garda Síochána is of the opinion that the vehicle is, being so used in contravention of Regulation 19 (1) of the European Communities (vehicle Testing) Regulation 2004 (S.I. No 771 of 2004); or

- In the case of a vehicle registered in another Member State, the vehicle is, or a member of the Garda Síochána is of the opinion that it is, being so used without proof of passing a roadworthiness test is accordance with Council Directive 96/96/EC of 20 December 1996 which for the time being is in force in respect of the vehicle.

The table below, which has been provided to me by the Garda authorities, sets out the number of incidents of vehicles detained under Section 41 of the Road Traffic Act 1994 for the years 2020, 2021 and up to 9 May 2022.

I am informed that it is not possible to provide data on the number of vehicles that were either crushed or sold off as a central record does not exist and it would require an inordinate expenditure of Garda time and resources to collate the requested data.

Year Reported

Vehicle Detained (Sc. 41 RTA) Incidents

2020

29,819

2021

23,721

2022*

8,052

Total

61,592

*Figures for 2022 refer to incidents up to and including 9 May 2022.

I am advised that figures were collated based on data from PULSE as of 1:30am on 10 May 2022. They are operational and may be liable to change.

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