Tuesday, 4 Oct 2022

Written Answers Nos. 534-553

An Garda Síochána

Questions (534)

Joe Flaherty

Question:

534. Deputy Joe Flaherty asked the Minister for Justice if she will provide a breakdown of policing services in County Longford (details supplied). [47984/22]

Written answers

Minister for Justice

I have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question No. 534 of 4 October 2022 where you sought specific information in relation to policing services in Co Longford. In particular you had referenced,

the number of Gardai on secondment to other units/stations or temporary transferred in Co Longford on Aug 31, 2022- Number of Gardai out injured on duty or long term sick illnesses in Co Longford on August 31, 2022 - Number of incapacitated and not pensioned off yet in Co Longford on August 31, 2022 - Number of Gardai working in offices owing to CMO certified through incapacitation in Co Longford on August 31, 2022 - Number of Gardai performing other roles in Co Longford on August 31, 2022

As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.

As you will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the general management and administration of the Garda organisation. This includes the deployment of Garda members throughout the State. As Minister, I have no direct role in these matters.

I am now advised by the Garda authorities that as of the 31 August 2022:

1. There were 3 Gardaí on secondment to other units/stations or temporary transferred in Co Longford.

2. There were 12 Gardaí out injured on duty or long term sick illnesses in Co Longford.

3. There were 4 Gardaí working in offices owing to CMO certified through incapacitation in Co Longford.

You had enquired as to the number of Gardaí in Longford that were incapacitated and not yet pensioned off. I am informed that this information is not collated and the Garda authorities do not know who will meet the criteria for ill health retirement.

You had also sought the number of Gardaí performing other roles in Co Longford. The Garda authorities have advised that this question cannot be answered in the absence of further information as to what other roles you are referring to and as such could capture any and all roles conducted within Co. Longford by An Garda Síochána.

It may be helpful to know that figures relating to the Garda workforce, is available publicly at the following link and updated regularly by my Department: https://www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/#gender-breakdown-garda-members-and-staff

I hope this information is of assistance to you.

Legislative Process

Questions (535)

Robert Troy

Question:

535. Deputy Robert Troy asked the Minister for Justice if the Electoral Reform Bill 2022 has been enacted. [48005/22]

Written answers

Minister for Justice

As the Deputy will appreciate, matters relating to the Electoral Reform Bill 2022 are the responsibility of my colleague the Minister for Housing, Local Government and Heritage.

Question No. 536 answered with Question No. 532.

Work Permits

Questions (537, 540, 541)

Richard Boyd Barrett

Question:

537. Deputy Richard Boyd Barrett asked the Minister for Justice when the results of the review of the atypical work permit scheme for non-European Economic Area fishers will be published; her plans to move these workers to the critical skills list where they can avail of the same rights to apply for a Stamp 4 permission as other migrant workers; and if she will make a statement on the matter. [48102/22]

Mick Barry

Question:

540. Deputy Mick Barry asked the Minister for Justice the number of fishers, past and present, who have been enrolled on the atypical work permit scheme for non-European Economic Area fishers to date; and if she will make a statement on the matter. [48211/22]

Mick Barry

Question:

541. Deputy Mick Barry asked the Minister for Justice the number of vessel owners who currently employ fishers under the atypical work permit scheme for non-European Economic Area fishers; and if she will make a statement on the matter. [48213/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 537, 540 and 541 together.

A review of the Atypical Working Scheme for non-EEA fishers was recently carried out by officials from my Department, the Department of Agriculture, Food and the Marine, and the Department of Enterprise, Trade and Employment.

As part of its work, the Review Group consulted with various stakeholders involved in the scheme. Observations on the operation of the scheme were made by stakeholders either via meetings with the Review Group and/or submissions received. Almost all stakeholders provided observations on the scheme. It is intended to bring the cross-departmental group's report and recommendations to Government in the near future.

In the meantime, the Oversight Committee, chaired by the Department of Agriculture, Food and Marine continues to oversee the scheme as currently structured. As of 29 September 2022, a total of 520 individuals, employed by 101 vessel owners, have been granted permission under the Atypical Working Scheme since its introduction and there are 277 individuals, employed by 66 vessel owners, currently holding a letter of approval under the scheme granted between 1 July 2021 and 29 September 2022.

As the Deputy is aware, the Atypical Working Scheme (AWS) was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for an employment permit under the system operated by the Department of Enterprise, Trade and Employment.

The scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet and was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the scheme.

Deportation Orders

Questions (538)

Carol Nolan

Question:

538. Deputy Carol Nolan asked the Minister for Justice if she will provide details of the number of deportation orders made under grounds (a) to (i) of Section 3(2) of the Immigration Act 1999, as amended, from 1 January 2011 to date in 2022 (details supplied); and if she will make a statement on the matter. [48144/22]

Written answers

Minister for Justice

I can advise the Deputy that since 2011, a total of 13,151 deportation orders have been made by my Department under Section 3(2) of the Immigration Act 1999 (as amended).

When issued with a deportation order, the person concerned is required to remove themselves from the State. Many people comply with this and leave the country, without notifying the immigration authorities that they have done so. However, where a person does not voluntarily return to their own country, Ireland like all other EU Member States, puts in place arrangements to return people to their home country.

The table below contains the relevant statistics. The figures are not broken down into the legislative sub-categories as set out in the Deputy’s question. My Department can only give annual totals for all deportation orders made.

Year	Deportations Issued
2011	1412
2012	1639
2013	1790
2014	742
2015	818
2016	1442
2017	1122
2018	1116
2019	2017
2020	873
2021	31
2022 (to 29/09/2022)	149
TOTAL	13,151

Domestic, Sexual and Gender-based Violence

Questions (539)

Mary Lou McDonald

Question:

539. Deputy Mary Lou McDonald asked the Minister for Justice the breakdown of the core and additional budget allocated to her Department for 2023 to deliver a five-year programme of reform to address service demand and support the establishment of a new statutory agency for domestic, sexual and gender-based violence, in tabular form. [48175/22]

Written answers

Minister for Justice

Under Budget 2023 I have secured an extra €9m, which represents a 22pc increase, for combatting domestic, sexual and gender based violence. This record level of funding will also support the implementation of Zero Tolerance, our Third National Strategy on Domestic, Sexual and Gender-based Violence, which I launched in June.This additional €9 million includes increased funding of €7m for organisations funded by TUSLA to address acute demands in existing services throughout the country, and for investment in new services as outlined in the new Strategy.

This funding also strengthens the nationwide supports and services for victims of crime (€920,000), provides for targeted awareness raising campaigns (€750,000) and for work to establish the new DSGBV statutory agency (€450,000) which will become operational in January 2024.

Question No. 540 answered with Question No. 537.

Question No. 541 answered with Question No. 537.

Prison Service

Questions (542)

Jennifer Carroll MacNeill

Question:

542. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the number of days that the school was open in each of Ireland's prisons, in tabular form; and if she will make a statement on the matter. [48223/22]

Written answers

Minister for Justice

I have sought the information requested by the Deputy from the Irish Prison Service but the information was not available in time. I will write to the Deputy once the information is to hand.

Prison Service

Questions (543, 544)

Jennifer Carroll MacNeill

Question:

543. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the reason that the number of remand prisoners is so low in Portlaoise Prison; and if she will make a statement on the matter. [48224/22]

Jennifer Carroll MacNeill

Question:

544. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if she will outline the bed capacity at which Portlaoise Prison has operated in each month of 2022; the way that this compares with other prisons in Ireland; the reason for Portlaoise Prison operating at three-quarters capacity while others are over capacity; and if she will make a statement on the matter. [48225/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 543 and 544 together.

I can advise the Deputy that Section 17(3) of the Criminal Justice Administration Act 1914, commonly known as the consolidated committal order, determines the prison to which a prisoner can be committed. This order currently determines that only male persons committed to prison on remand, pending trial or sentence by the Special Criminal Court shall be committed to Portlaoise Prison. Due to the smaller number of sittings of this court compared to other courts, there are fewer remand and trial prisoners in custody in Portlaoise prison than other prisons.

I am informed by the Prison Service that on a regular basis, for a number of reasons, including sentence management and security and for operational reasons, prisoners are transferred into Portlaoise Prison from other locations to serve their sentence.

The total bed capacity of Portlaoise Prison is currently 291, with 40 in A Block, 181 in C Block and 70 in E Block.

The Deputy may be aware that the E Block in Portlaoise Prison accommodates subversive prisoners only. That wing has a bed capacity of 70 and currently has 10 prisoners accommodated on it. For operational and security reasons other prisoners are not accommodated on this Block.

I can advise the Deputy that the other landings in Portlaoise Prison namely A and C Block have been operating at full or near full capacity for a considerable length of time. On the 3 October 2022 there were 31 and 180 prisoners accommodated in A and C Block, respectively.

The information requested by the Deputy in respect of the average numbers in custody in Portlaoise Prison for the period Jan to Sept 2022 is set out in the table below.

Monthly average in custody	Portlaoise Prison
January	210
February	208
March	219
April	216
May	212
June	218
July	218
August	224
September*	219

*Up to and including 28/09/2022

Question No. 544 answered with Question No. 543.

Prison Service

Questions (545, 546)

Jennifer Carroll MacNeill

Question:

545. Deputy Jennifer Carroll MacNeill asked the Minister for Justice her plans to develop all prisons; the timing of such a development; and if she will make a statement on the matter. [48226/22]

Jennifer Carroll MacNeill

Question:

546. Deputy Jennifer Carroll MacNeill asked the Minister for Justice her plans to expand remand capacity at Cloverhill Prison; and if she will make a statement on the matter. [48227/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 545 and 546 together.

As the Deputy will be aware the Irish Prison Service has set out ambitious plans to modernise the prison estate in successive Strategic Plans. The Government has provided significant capital funding to the Irish Prison Service in order to enhance the existing prison infrastructure, eliminate the practice known as slopping out and to provide additional capacity where required.

The Deputy will be aware of the works completed in recent years to modernise the entire Mountjoy Prison complex, the construction of a new prison in Cork and the provision of additional prisoner accommodation in the Midlands Prison. In addition, the Training Unit Place of Detention which is newly refurbished has now reopened as a centre for older prisoners.

Additional works on prison infrastructure such as enhancements to kitchen and laundry facilities, upgrades to fire and safety systems, improvements to CCTV and security systems, prison window replacement and enhancement to ICT infrastructure have also been completed across the prison estate during the lifetime of recent Strategic Plans.

A major capital development project at Limerick Prison is due for completion by the end of 2022. This will provide greatly enhanced accommodation for both male and female prisoners and will include the provision of other ancillary services for prisoners including workshops, new laundry and prison kitchen. Staff facilities will also be catered for in the provision of a staff canteen, locker rooms and administration support offices.

The Irish Prison Service has now commenced work on the development of a new Strategic Plan for 2023 – 2025 which will include specific strategic objectives on further enhancing the prison estate.

The commitments included in the new Strategic Plan will be in line with funding allocated to the Irish Prison Service in the current National Development Plan.

In relation to prison developments the National Development Plan includes:

- Investment for the improvement of facilities in Shelton Abbey, Loughan House Open Centre, the Dóchas Centre, and Wheatfield Place of Detention;

- Priority projects at Castlerea and Portlaoise Prisons in respect of the necessary construction of new kitchens; and

- Other investment to be progressed over the years 2022 to 2025 include, ICT infrastructure and systems, fleet modernisation, video-linking infrastructure, safety, security and carbon reduction refurbishment works and general upgrading of equipment and facilities.

All such developments are subject to cost benefit analysis and are progressed in line with the Public Spending Code obligations.

As the Deputy will be aware significant growth has been experienced in the remand prison population in recent years which has resulted in significant pressure on remand prison facilities including Cloverhill Prison. The Irish Prison Service is currently undertaking a strategic assessment exercise on the potential for additional accommodation at Cloverhill Prison in line with the requirements of the Public Spending Code.

Question No. 546 answered with Question No. 545.

An Garda Síochána

Questions (547)

Sorca Clarke

Question:

547. Deputy Sorca Clarke asked the Minister for Justice the number of each category of public order training courses that were provided to gardaí in the Westmeath and Roscommon-Longford Garda division in 2021 and to date in 2022, in tabular form. [48245/22]

Written answers

Minister for Justice

I have contacted An Garda Síochána for the information requested by the Deputy. Regretfully, this information was not available in time but I will write to the Deputy once the information is to hand.

The following deferred reply was received under Standing Order 51.

As you will recall, Minister McEntee had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand. As you 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 operational policing matters such as training. As Minister, I have no role in these independent functions.

I am advised by the Garda authorities that there are 43 fully trained members in Public Order in Roscommon/Longford as part of the Mayo/Roscommon/Longford Division. I am further advised that there are currently 37 members fully trained to deal with Public Order incidents, in the Westmeath Division.

The tables appended below, provided to me by the Garda authorities, outlines the number of public order training courses, by category, that were provided to Gardaí in the Westmeath and Roscommon/Longford Garda Divisions in 2021 and at end November 2022. Please note that this information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.

Westmeath Division	2021	*2022
General POU Course	1	0
Instructors (Level 4)	0	0
Roscommon/Longford Division	2021	*2022
General POU Course	4	0
Instructors (Level 4)	0	2

*End November 2022

EU Funding

Questions (548)

Sorca Clarke

Question:

548. Deputy Sorca Clarke asked the Minister for Justice if any capital works projects that are funded by her Department also received EU funding in each of the years of 2020, 2021 and to date in 2022, in tabular form; and the amount of EU funding received per capital works projects. [48248/22]

Written answers

Minister for Justice

I can inform the Deputy that none of the capital works projects funded by my Department received EU funding in the years specified.

An Garda Síochána

Questions (549)

Ruairí Ó Murchú

Question:

549. Deputy Ruairí Ó Murchú asked the Minister for Justice if there are plans to award reserve Gardaí a long service medal for their voluntary unpaid service; and if she will make a statement on the matter. [48350/22]

Written answers

Minister for Justice

I have contacted An Garda Síochána for the information requested by the Deputy. Regretfully, this information was not available in time but I will write to the Deputy once the information is to hand.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question Number 549 which was for answer on 4 October 2022, where you asked:

“if there are plans to award Reserve Gardaí a long service medal for their voluntary unpaid service; and if she will make a statement on the matter”.

You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the requested information was available.

I recognise the important and valuable contribution made by past and present members of the Garda Reserve, who willingly gave or continue to give their time to An Garda Síochána in order to strengthen their local communities.

As you will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including matters regarding commemorations. As Minister, I have no direct role in these matters.

I am informed that on the tenth anniversary of the first attestation of Garda Reserves in 2016, An Garda Síochána introduced a certificate of appreciation for their long service. This certificate, signed by the Garda Commissioner, is presented to each Reserve Garda by the Chief Superintendent of the Division they are allocated to when they reach 10 years’ service.

I am advised that there are no plans to present a medal for service in addition to the certificate of appreciation.

More generally, you may wish to note that as part of the government’s plan to modernise and strengthen An Garda Síochána, A Policing Service for our Future, the Garda Commissioner has developed a Garda Reserve Strategy 2021-2025, which provides a roadmap for the development of this important service.

The Strategy published in October 2021 is informed by an internal review of the Reserve, and sets out key commitments including recruitment, training and development, deployment, governance and evaluation. A priority is a new recruitment campaign, which will be held next year, and on foot of which new reservists will be appointed for five years initially. The Garda Commissioner has established an Implementation Group and Oversight Committee to ensure the Strategy delivers on its objectives, and I look forward to working with him to increase the number of members of the Reserve and in realising its full potential as a resource to policing and in providing a pathway to full-time membership of An Garda Síochána, including from minority communities.

Immigration Status

Questions (550)

Joe Flaherty

Question:

550. Deputy Joe Flaherty asked the Minister for Justice the status of the application by a person (details supplied) for regularisation as part of the long-term undocumented migrant scheme. [48369/22]

Written answers

Minister for Justice

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 16 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.

The processing times of applications will 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 (AGS). Applications where there is an existing deportation order will 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 [e-mail], 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.

An Garda Síochána

Questions (551)

Darren O'Rourke

Question:

551. Deputy Darren O'Rourke asked the Minister for Justice further to Parliamentary Question No. 139 of 29 June, when a response will issue; and if she will make a statement on the matter. [48384/22]

Written answers

Minister for Justice

I have contacted the Garda authorities for the information requested by the Deputy. Regretfully, this was not available in time but I will write to the Deputy again once the information is at hand.

Departmental Consultations

Questions (552)

Patrick Costello

Question:

552. Deputy Patrick Costello asked the Minister for Justice if he will provide an update on the Judicial Planning Working Group; when the report following the public consultation will be published; and if she will make a statement on the matter. [48412/22]

Written answers

Minister for Justice

The Judicial Planning Working Group, was established in April 2021 in line with commitments in the Programme for Government and the Justice Plan 2021 to “Establish a working group to consider the number of and type of judges required to ensure the efficient administration of justice over the next five years”.

To help inform the work of this Group, the OECD have been commissioned to prepare an independent review of judicial resource needs, including benchmarks against international comparators. This is the first time such a review has been undertaken. Due to the complexity of evaluating the data and analysis underpinning the research, it has taken longer than originally anticipated for the OECD to complete its work.

A final report from the OECD is expected shortly. The Judicial Planning Working Group expects to submit its final report to the Minister this month, having considered the OECD research.

Rights of Way

Questions (553)

Pa Daly

Question:

553. Deputy Pa Daly asked the Minister for Justice when she intends to bring forward new proposals in the area of right-of-way laws. [48441/22]

Written answers

Minister for Justice

Public rights of way do not fall within my remit as Minister for Justice. In the main, they fall under the remit of local authorities. Under the Roads Act 1993, it is the responsibility of local authorities to protect the public's right to access public rights of way in each local authority area.

As regards the private rights of way that are known as prescriptive rights of way - the Deputy may be aware that I have already brought forward the Land and Conveyancing Law Reform Act 2021, which was enacted and came into operation on 30 November 2021. Prescriptive rights of way are a different type of legal right from public rights of way, as they serve the property of a private owner, rather than belonging to members of the public generally.

The effect of the Land and Conveyancing Law Reform Act 2021 was to protect important prescriptive rights of way, including some rights for an owner to access their home or farm, that had been enjoyed for many years without dispute, but had not been formally registered.

Following the Act, a person who claims to be entitled to a prescriptive right of way can still apply to register it with the Property Registration Authority of Ireland (PRAI), but is not obliged to do so. The Act removed a statutory cut-off date for such applications to be made by 1 December 2021, and ensured that periods of long use that were acquired before or during the years 2009-2021 can still be counted in a claim made after that date.

In addition, a time-bound review is under preparation, to examine the overall law relating to prescriptive rights of way, and to identify whether any further changes are desirable, following the 2021 Act, to ensure that the law in this area is placed on a sustainable long-term footing.