Written Answers Nos. 1565-1580
1565. Deputy Dessie Ellis asked the Minister for Justice the number of prisoners considered to be affiliated to organisations (details supplied) who were incarcerated between 1968 and 1998 in Mountjoy Prison, Portlaoise Prison, Limerick Prison and the Curragh Camp; and if she will make a statement on the matter. [40625/22]
View answerThe information requested by the Deputy is not readily available and to collate it would require the extensive manual examination of paper files and a significant amount of staff time.
1566. Deputy Dessie Ellis asked the Minister for Justice the number of cases brought to trial in the Special Criminal Court between 1972 and 1998; the number of those convicted before the Special Criminal Court, by case and year of conviction, in tabular form; and if she will make a statement on the matter. [40626/22]
View answerThe detailed information sought by the Deputy is not maintained by my Department. However, the Courts Service Annual Reports, which are publically available, provide statistics, including statistics relating to proceedings before the Special Criminal Court.
The Deputy will be aware that the Special Criminal Court is established pursuant to Part V of the Offences Against the State Act 1939. An independent review group has been established to carry out a comprehensive review of all aspects of the Offences Against the State legislation. The final report and recommendations of the group, including any recommendations concerning the operation of the Special Criminal Court, will be given careful consideration when received.
1567. Deputy John Brady asked the Minister for Justice if she will provide an update on plans to refurbish Wicklow District Courthouse; when it is anticipated that works will commence; the proposed timeframe for same; and if she will make a statement on the matter. [40657/22]
View answer1568. Deputy John Brady asked the Minister for Justice the stage that matters are currently at regarding the transfer of the old vacant Courthouse on Boghall Road, Bray; and if she will make a statement on the matter. [40658/22]
View answer1569. Deputy John Brady asked the Minister for Justice if there are any plans to refurbish Bray District Courthouse and-or build a new courthouse; and if she will make a statement on the matter. [40659/22]
View answerI propose to take Questions Nos. 1567 to 1569, inclusive, together.
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, is the responsibility of the Courts Service which is independent in the performance of its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided me with the following update.
The Government's revised National Development Plan 2021 -2030 includes a number of Courts Service projects to be completed during the period of the plan, including in Wicklow Town. The priority project for the period up to 2025 is the proposed new Family Law complex on Hammond Lane.
Specifically in relation to Wicklow Town, I am informed that the existing courthouse is in very poor condition and has been closed on health and safety grounds since 2010. All court business is currently being dealt with at Bray. A courthouse comprising four courtrooms and related facilities is envisaged as being required to meet current and future demand in Wicklow. This will require a building significantly larger than the existing two courtroom building.
The Courts Service proposes to refurbish and extend the courthouse to provide the required accommodation. The Courts Service has acquired a number of adjoining properties that were in council ownership so as to have available a larger site capable of accommodating a courthouse building on the scale envisaged.
I am informed that the OPW has recently undertaken some works to preserve the aesthetic appearance of the exterior of the existing Courthouse in Wicklow Town. The front façade of the building was power washed and treated, all doors and windows were painted and the external railings were painted.
I am further informed that the Building Committee of the Courts Service approved the transfer of the former courthouse at Boghall Road, Bray to Wicklow County Council at its meeting of 16 November 2021. It is the policy of the Courts Service to offer properties to local authorities or other public bodies for alternative community or public use for no consideration. The conveyancing process in respect of Boghall Road is now underway.
Bray Courthouse is at present located in leased premises in the town centre having moved there from the premises on Boghall Road in 2006. The development of a new permanent courthouse in Bray is identified as a Courts Service project in the National Development Plan.
1570. Deputy Thomas Gould asked the Minister for Justice the number of persons convicted for possessions of cannabis; and the number of these who have been diverted through the Adult Caution Programme in 2021 and to date in 2022, respectively. [40692/22]
View answerAs the Deputy will be aware, the Adult Caution Scheme is a non-statutory scheme agreed between, and administered by, An Garda Síochána and the Director of Public Prosecutions. Both the Garda Commissioner and the Director of Public Prosecutions are independent in their functions and I, as Minister, have no role in relation to these matters.
Possession of cannabis or cannabis resin for personal use was introduced to the Schedule of Offences of the Adult Cautioning Scheme on 14 December 2020. The table below, provided to me by the Garda authorities, outlines the annual count of adult cautions issued according to the date on which the associated offence was reported.
|
Offence Year Reported |
Individuals issued with an Adult Caution |
|
2021 |
2,060 |
|
2022* |
402 |
|
Total |
2,555 |
* 01 January to 19 July 2022
Regarding the number of persons convicted for the possession of cannabis, the Deputy will be aware that the management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.
The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.
To be of assistance, I have also referred the Deputy's query to the Court Service.
1571. Deputy Darren O'Rourke asked the Minister for Justice the number of robbery cases reported to gardaí within the Meath division in 2021 and to date in 2022, in tabular form.; and if she will make a statement on the matter. [40746/22]
View answerAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.
For the Deputy's information, the below table outlines the number of crime incidents of the type which the Deputy has requested for each available quarter for 2021 and to-date in 2022.
|
Type of Offence |
2021Q1 |
2021Q2 |
2021Q3 |
2021Q4 |
2022Q1 |
|
Robbery, extortion and hijacking offences |
5 |
7 |
10 |
6 |
12 |
|
Robbery of an establishment or institution |
1 |
0 |
2 |
0 |
0 |
|
Robbery of cash or goods in transit |
0 |
0 |
0 |
0 |
0 |
|
Robbery from the person |
1 |
4 |
3 |
2 |
6 |
Furthermore, the latest available crime statistics as published by the Central Statistics Office are publicly available at the link: data.cso.ie/table/CJQ06.
1572. Deputy Darren O'Rourke asked the Minister for Justice the number of unmarked jeeps added to the Garda fleet in 2021 and to date in 2022, in tabular form; and the number of unmarked jeeps withdrawn from the fleet during this period; and if she will make a statement on the matter. [40747/22]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no direct role in these matters.
I am advised, however, that Garda management keeps the distribution of resources under continual review to ensure their optimum use in light of identified operational needs and emerging crime trends.
Budget 2022 provides in excess of an unprecedented €2 billion for An Garda Síochána, of which I am informed that €12m has been allocated for investment in the Garda fleet, which will mean more high visibility policing in our towns and cities.
I am informed by the Garda authorities that there were 100 4x4 vehicles assigned to the Garda fleet at 30 June 2022, the latest date for which figures are available.
I am further informed that 2 unmarked 4x4 vehicles were allocated to the fleet in 2021 and 3 unmarked 4x4 vehicles were removed during this time.
I am advised that no unmarked 4x4 vehicles have been allocated or removed from the fleet as at 20 July 2022.
The Deputy may also wish to be aware that An Garda Síochána publish information on Garda fleet, including a Divisional/District monthly breakdown, on their website at:
www.garda.ie/en/about-us/our-departments/finance-services/finance-fleet-management.html.
1573. Deputy Niall Collins asked the Minister for Justice the status of an application by a person (details supplied); and if she will make a statement on the matter. [40771/22]
View answerThe 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 for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 9 February 2022 and continues to be processed at this time. 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 and the vetting process with An Garda Síochána. 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.
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.
1574. Deputy Holly Cairns asked the Minister for Justice the position regarding the provision of chaplaincy services by her Department; the amount of money spent on these services; the denominations involved; if humanist chaplains are provided by her Department; the services that are in place for persons who do not have chaplains of their faiths; and if she will make a statement on the matter. [40784/22]
View answerI wish to advise the Deputy that a number of the agencies under the remit of my Department provide Chaplaincy services.
The Irish Prison Service regards the Chaplaincy as an essential service, making a significant contribution as part of the multidisciplinary team in a prison, addressing the physical, social and spiritual needs of prisoners in a holistic way.
The Irish Prison Service mission statement is to provide safe, secure and humane custody for people who are sent to prison and I am informed by the Irish Prison Service that Chaplains have a crucial supporting role in prison life by providing pastoral and spiritual care to the entire prison community, including prisoners of all denominations and none. I am assured that Chaplains are respectful of and seek to meet the needs of prisoners from all belief systems, irrespective of whether the belief system is religious or non-religious. I am advised that Chaplains also work with all external religious leaders respectful of different religions so as to establish and maintain sound working relations with religious denominations.
I am advised that the Chaplaincy Service in the Irish Prison Service offers a one-to-one support system and arranges bereavement support groups, counselling and courses in consultation with other services. The Chaplaincy Service is independent and professional, while working as part of the prison multidisciplinary team reporting to the Governor. Chaplains are public servants, are employees of the Irish Prison Service and are appointed on a non-denominational basis. The Irish Prison Service is committed to the continuing support and development of Chaplaincy. An External Review of Chaplaincy is due to take place in Q4 2022 which will provide the framework for the future development of Chaplaincy. The review is intended to feed into the Irish Prison Service Strategic Plan 2023 - 2026.
The number of whole-time and part-time chaplains in the Irish Prison Service, and the amount expended on chaplaincy services in each of the past ten years to date is set out in tabular form below.
Irish Prison Service: Number of whole-time and part-time chaplains
|
Office |
Head Chaplain |
Whole-time Chaplains |
Part-time Chaplains |
Whole-time Locum Chaplains |
Part-time Locum Chaplains |
|
Number |
1 |
18 |
6 |
2 |
0 |
Irish Prison Service: Amount expended on chaplaincy services
|
Year |
Irish Prison Service Expenditure on Chaplaincy Services |
|
2022 (up to and including 21 July 2022) |
€ 635,058.23 |
|
2021 |
€ 1,200,602.34 |
|
2020 |
€ 1,231,426.69 |
|
2019 |
€ 930,983.73 |
|
2018 |
€ 988,313.29 |
|
2017 |
€ 1,032,192.06 |
|
2016 |
€ 895,948.50 |
|
2015 |
€ 867,928.51 |
|
2014 |
€ 845,085.25 |
|
2013 |
€ 938,018.58 |
Furthermore, the Deputy may wish to note that An Garda Síochána has two Chaplains. I am advised that the Chaplains working with An Garda Síochána provide spiritual support and assistance to all personnel within the service.
The amount expended on chaplaincy services by An Garda Síochána in the last number of years is set out in tabular form below for the Deputy's information.
An Garda Síochána: Amount expended on chaplaincy services
|
Year |
An Garda Síochána Expenditure |
|
2021 |
€45,000 |
|
2020 |
€45,000 |
|
2019 |
€25,000 |
|
2018 |
€25,000 |
|
2017 |
€25,000 |
|
2016 |
€25,000 |
|
2015 |
€25,000 |
|
2014 |
€25,000 |
|
2013 |
€25,000 |
1575. Deputy Holly Cairns asked the Minister for Justice the rationale and evidence base for her decision to temporarily suspend operation of Council of Europe Agreement for 12 months by requiring refugees travelling to Ireland from safe European countries to hold visas. [40787/22]
View answer1576. Deputy Holly Cairns asked the Minister for Justice her engagement with non-governmental organisations and not-for-profit service providers regarding her decision to temporarily suspend operation of Council of Europe Agreement for 12 months by requiring refugees travelling to Ireland from safe European countries to hold visas. [40788/22]
View answerI propose to take Questions Nos. 1575 and 1576 together.
The Government agreed on 18 July 2022 to a joint proposal from myself and my colleague, the Minister for Foreign Affairs, for Ireland to avail of the option to temporarily suspend the operation of the Council of Europe Agreement on the Abolition of Visas for Refugees (Council of Europe) for a period of 12 months.
Signatory countries to this agreement issue Convention Travel Documents to refugees, which allow the holders of such documents travel to other signatory countries without a visa or prior clearance if the purpose of the journey is solely for a visit of a maximum of three months.
The visa exemption applies to holders of a Convention Travel Document issued by Belgium, Czech Republic, Denmark, Finland, Germany, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Spain, Sweden, or Switzerland.
Article 7 of the Agreement allows for suspension of the Agreement’s operation. The suspension came into effect from noon on 19 July 2022.
The Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2022 (S.I. No. 364 of 2022) amended the Immigration Act 2004 (Visas) Order 2014 to remove the visa exemption, with effect from noon on 19 July 2022.
This is not a decision that the Government has taken lightly. We are committed to upholding our international and EU obligations towards asylum seekers (international protection applicants) and refugees. However, where there is evidence that there may be abuse of such systems, the Government must act swiftly to mitigate the risks to maintain the integrity of our immigration and international protection systems and uphold public confidence in those systems.
Every State has a duty to protect its borders and to refuse entry to people not entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights. If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process.
In recent months, we have seen evidence that the visa exemption provided for in the Council of Europe Agreement is being exploited, including by some who enter the State and subsequently claim international protection, despite having already been granted such protection by another European state.
The suspension of the operation of the Agreement is temporary and will be reviewed in a year’s time. In the meantime, Convention travel document holders who want to travel to Ireland can apply for a visa under standard visa arrangements.
Where a person who has applied for international protection in the State is found to be already benefitting from international protection granted by another EU Member State, the application will be deemed inadmissible in accordance with the International Protection Act 2015. The applicant will be provided with a written report from the International Protection Office (IPO) setting out the reasons for the inadmissibility recommendation. The applicant is entitled to appeal this recommendation to the independent International Protection Appeals Tribunal.
The visa free travel arrangements for Ukrainian nationals introduced on 25 February in response to the war in Ukraine remain unaffected by this decision.
My Department is also continuing to engage with the NGO community and other key stakeholders who have played and will continue to play a key role in ensuring that our international protection system meets the needs of applicants and their families who are seeking protection in the State.
1577. Deputy Thomas Gould asked the Minister for Justice the current Garda to population ratio by district. [40829/22]
View answerI have requested the information sought by the Deputy, which regrettably was not available in the timeframe available. I will write to the Deputy when this information is to hand.
|
County |
Garda Strength 30/09/2022 |
Ratio - 1 member per |
Preliminary 2022 figures |
|
CARLOW |
112 |
553 |
61,931 |
|
CAVAN |
205 |
394 |
81,201 |
|
CLARE |
310 |
411 |
127,419 |
|
CORK TOTAL (City, North, West) |
1,343 |
433 |
581,231 |
|
DMR Total (North, N Central, South, S Central, East, West) |
3,901 |
372 |
1,450,701 |
|
DONEGAL |
447 |
372 |
166,321 |
|
GALWAY |
619 |
447 |
276,451 |
|
KERRY |
349 |
445 |
155,258 |
|
KILDARE |
441 |
560 |
246,977 |
|
KILKENNY |
221 |
469 |
103,685 |
|
LAOIS |
217 |
422 |
91,657 |
|
LEITRIM |
105 |
334 |
35,087 |
|
LIMERICK |
600 |
342 |
205,444 |
|
LONGFORD |
139 |
335 |
46,634 |
|
LOUTH |
408 |
341 |
139,100 |
|
MAYO |
319 |
430 |
137,231 |
|
MEATH |
331 |
666 |
220,296 |
|
MONAGHAN |
176 |
368 |
64,832 |
|
OFFALY |
163 |
507 |
82,668 |
|
ROSCOMMON |
160 |
437 |
69,995 |
|
SLIGO |
190 |
367 |
69,819 |
|
TIPPERARY |
400 |
419 |
167,661 |
|
WATERFORD |
382 |
333 |
127,085 |
|
WESTMEATH |
252 |
380 |
95,840 |
|
WEXFORD |
340 |
481 |
163,527 |
|
WICKLOW |
310 |
502 |
155,485 |
1578. Deputy Thomas Pringle asked the Minister for Justice the status of the United Kingdom as a safe third country given the recently agreed memorandum of understanding between the United Kingdom and the Republic of Rwanda in respect of asylum seekers; and if she will make a statement on the matter. [40853/22]
View answerFollowing the United Kingdom’s exit from the EU and an examination of the necessary criteria, the International Protection Act 2015 (Safe Third Country) Order 2020, came into effect from 11:00 pm on 31 December 2020.
The Order designates the UK as a safe third country for the purpose of the International Protection Act 2015, and enables a determination by the Minister for Justice that an application for international protection is inadmissible, where the person has arrived in the State from the UK and where the relevant criteria are met. Such inadmissible applicants are returned to the UK under a more simplified returns process that mirrors the EU Dublin process.
Part 18 of the Brexit Omnibus Act 2020, which was commenced at 11:00 pm on 31 December 2020, amends the International Protection Act 2015, to enable the Minister for Justice to designate a country as a Safe Third Country, where certain conditions are met in that country including:
- life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;
- the principle of non-refoulement is respected; and
- the possibility exists to request refugee status and if found to be a refugee to receive protection in accordance with the Geneva Convention.
Before an application can be determined as inadmissible, the third country must be considered safe for the person concerned, including that they will not be subjected to the death penalty, torture, or other inhuman or degrading treatment or punishment and they have a sufficient connection with that country such that it would be reasonable for them to be returned there.
Section 21 (1) of the International Protection Act 2015, provides that before a person can make an application for international protection they must, as part of their (section 13) preliminary interview, satisfy an international protection officer that their application is not inadmissible.
Where an international protection officer makes a recommendation that an application is inadmissible, they prepare a written report, which includes the reasons for the recommendation, and notifies the person concerned and their legal representative (if known) of the recommendation.
A person to whom an inadmissible notification is sent may appeal the recommendation to the International Protection Appeals Tribunal (IPAT). A final determination will issue if the appeal is subsequently unsuccessful, allowing for a Return Order to issue.
Government policy regarding immigration and international protection matters in the State is kept under regular review. However, there are no current plans to amend the designation of the UK as a safe third country.
1579. Deputy Mark Ward asked the Minister for Justice if a passport verification for the family reunification application by persons (details supplied) will be facilitated by the Irish embassy in Delhi, India given the growing political and economic uncertainty in Sri Lanka, where the applicants currently reside. [40870/22]
View answerI understand that my officials may have already confirmed to the Deputy that the Family Reunification Division of my Department will accept copies of the original passports if the persons referred to can receive confirmation in writing from the Irish embassy in New Delhi that they had sight of the original passports and can confirm their authenticity.
The persons concerned were granted a 30 day extension from 20 July 2022 to submit the requested documentations.
1580. Deputy Sorca Clarke asked the Minister for Justice the actions and engagements that her Department has taken to date to reduce carbon emissions and increase energy efficiency in all buildings under her Department. [40916/22]
View answerI wish to inform the Deputy that my Department is deeply committed to sustainability and in particular to achieving 2030 and 2050 targets for reduction in its carbon footprint. Our Statement of Strategy 2021-2023 provides clear and robust commitment to climate and sustainability issues and our action plan commits to the development of a Climate Policy, outlining how the justice sector intends to achieve these targets.
My Department, in common with all public bodies, is obliged under the Climate Action Plan (CAP 21) to achieve a 50% improvement in energy efficiency (vs 2009) and reduce our energy related greenhouse gas emissions by 51% by the end of 2030 (versus an average of 2016-18). Our progress is monitored and reported on annually by the Sustainable Energy Authority of Ireland.
Within my Department, actions taken include active management of Building Management Systems, staff awareness campaigns (via the OPW’s Optimising Power @ Work project), automatic powering down of equipment and lighting refurbishment programmes. Obsolete air conditioning systems were replaced with more energy efficient units. During 2022, the Department's diesel van is being replaced by an electric van and my Department is working with the National Transport Authority in rolling out the Smarter Travel Programme.
My Department has established an Energy Performance Officers’ Forum for senior managers within the Justice sector, chaired at Assistant Secretary level. The aim of this Forum is to drive the importance of the sustainability agenda at a senior level across the Justice sector. An Energy Managers’ Forum has also been established to promote the exchange of information, methodologies and plans at a Facilities Management level across the sector
Preliminary data indicates we achieved energy efficiency savings of 46% in 2020 and 42.4% in 2021 (the 2021 figure has yet to be verified).
Direct consequences of the response to the COVID19 pandemic resulted in the temporary closure of public offices, and the majority of our staff pivoting to working from home, wherever possible. While we did see a return to the office for some staff members of during 2021, this did not hugely impact our energy savings as all buildings were still being heated and cooled (or ventilated) during 2021.
In its submission on the new National Development Plan, my Department also emphasised initiatives aimed at reducing carbon emissions. Planned capital investment in the Justice Sector is aligned with the Climate Action Plan in delivering objectives including:
- Digitisation of paper-based processes;
- Reducing emissions across the Justice sector by improving energy efficiency of buildings, deployment of electric vehicles in Justice sector fleets, and facilitating mobile working; and
- Reducing food waste and use of plastics.
