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Tuesday, 8 Nov 2022

Written Answers Nos. 872-891

Family Reunification

Questions (874)

Emer Higgins

Question:

874. Deputy Emer Higgins asked the Minister for Justice the steps that should be taken by a person living in Ireland under international protection refugee status who wishes to bring their parent to Ireland (details supplied); and if she will make a statement on the matter. [55146/22]

View answer

Written answers

It is entirely understandable that an Irish citizen or a non-EEA national lawfully resident in the State would wish to have their parent residing with them so as to ensure their wellbeing as they get older and for the general enrichment of family life.

Iranian nationals are visa required and must have a valid Irish entry visa before they seek to enter the State. Any visa required national that wishes to enter the State, and remain, for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa.

Any person that wishes to make a visa application must do so online at: www.visas.inis.gov.ie/avats/OnlineHome.aspx.

If a person is an elderly relative of a non-EU/EEA or non-Swiss citizen and they wish to join their family member in Ireland, it may be open to them to apply for permission to reside under Stamp 0 conditions. Stamp 0 will only be granted if they can prove that their relative, in Ireland, can support them financially and otherwise. The financial requirements to allow a person to sponsor an elderly dependent relative are set out in Chapter 18 of the Non-EEA Family Reunification Policy Document available on my Department's Irish Immigration website (www.irishimmigration.ie). The non-EU/EEA sponsor must hold an appropriate permission and must be registered with immigration.

Immigration Policy

Questions (875)

Holly Cairns

Question:

875. Deputy Holly Cairns asked the Minister for Justice if DNA testing is used as part of verifying applications through the Afghan admissions programme; if so, the number of times which it has been used; and if she will make a statement on the matter. [55162/22]

View answer

Written answers

I can advise the Deputy that in certain circumstances officials of my Department may request that the sponsor of an immigration application and their beneficiary undergo a DNA test to confirm the relationship. It should be noted that a DNA test is used only to prove a relationship between the persons tested. It cannot be used to identify a person, therefore sufficient evidence to prove identity will still be required.

The sponsor is not obliged to take a DNA test and their decision not to do so will not be taken to mean that they are not related. However, the responsibility will remain upon the sponsor to demonstrate that the relationship is genuine. Original documents or certified copies or original versions of documentation from official sources can be used instead and must be submitted as part of the original application.

DNA testing will be carried out strictly by my Department’s testing provider, following a request from my Department. Test traceability and identity verification protocols operated by my Department are an integral part of the DNA testing process. Results provided by the proposer outside of my Department’s testing process will not be accepted. A fee will not be charged for DNA tests that prove the relationships. However, the sponsor will have to pay the costs of tests if no relationship is proven.

I can inform that Deputy that as of 1 November, no DNA tests have been requested in respect of any applicants under the Afghan Admissions Programme.

Question No. 876 answered with Question No. 859.

Travel Documents

Questions (877)

Charles Flanagan

Question:

877. Deputy Charles Flanagan asked the Minister for Justice the process for non-EU passport holders who are resident and attend school in Ireland, travelling abroad with their school; the form (details supplied) is required to be stamped allowing re-entry; and the process for this and what else is required in order to re-enter the country with the rest of their school group, without issue. [55214/22]

View answer

Written answers

I can advise the Deputy that the completed form should be signed and stamped by the school principal. An appointment should be made with a local Immigration Officer and the signed form presented. The nearest Garda station can be located at the following link:

www.garda.ie/en/contact-us/station-directory/

The individuals referred to do not require a visa or re-entry visa to return to the State once they are listed on the “List of travellers” form and have valid passports. The school should familiarise themselves with the advice and guidelines on travelling with minors which can be found at the following link:

www.irishimmigration.ie/at-the-border/travelling-with-children/#_groups-travelling-with-minors

Prison Service

Questions (878)

Paul Murphy

Question:

878. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to reports (details supplied) that the highest number of prisoners was recently seen in Dóchas prison; her views on whether having 164 prisoners, when the maximum should be between 100 and 110, puts both prisoners and officers at risk; the urgent actions that her Department will take to resolve this; and if she will make a statement on the matter. [55284/22]

View answer

Written answers

As the Deputy will be aware, the Prison Service must accept all prisoners committed by the Courts and does not have the option of refusing to take prisoners into custody. The numbers in prison is, of course, subject to peaks and troughs.  Numbers are particularly high when the Courts are at their busiest and following the return to a more normal level of Court activity, committal numbers have increased across the prison system. The Deputy may wish to know that there were 5,219 committals to prison for the period January to September 2022 which is a 13% increase on the same period in 2021. 

I am informed by my officials in the Irish Prison Service that the total number of prisoners in custody in the Dóchas Centre on 2 November 2022 was 163 compared with a bed capacity of 146. This represents an occupancy level of 112%. Of the 163, 44 are on remand and 119 are sentenced prisoners.

While increases in prisoner population result in challenges within certain committal prisons, the Irish Prison Service takes all possible steps to alleviate the situation through a combination of inter-prison transfers and other contingency measures.

Officials in the Irish Prison Service work closely with the Governors of affected prisons to alleviate capacity issues, by identifying prisoners who may be suitable for transfer to other prisons or prisoners who may be suitable for structured early release.

The Deputy will also be aware that construction is currently underway in Limerick Prison and this will provide 22 additional female cell spaces. The new accommodation is expected to become operational in the first quarter of 2023 assuming there is no further impact on construction activity or supply chain issues due to the pandemic.

Separately, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform. In respect of delivering on this commitment, I recently published the Review of Policy Options for Prison and Penal Reform 2022-2024. 

The review seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community based sanctions are more appropriate in diverting offenders away from future criminal activity. 

The review also includes as a priority action to develop and expand the range of community based sanctions, including alternatives to imprisonment, and commits as part of this to build on the joint Prison Service / Probation Service strategy “An Effective Response to Women who Offend” and incorporate the Probation Service 2021 “Best Practice Approach” to scope the development and explore the feasibility of a number of actions to work for positive outcomes for women who offend.

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. While these proposals do not change this, they are intended to strengthen the options available to judges when they are considering cases, to facilitate the effective and efficient use of community sanctions by the courts, and to ensure that the courts have a wide range of appropriate options for dealing with people who have committed minor offences.

In addition, as part of delivering the Penal Policy action plan, the need to ensure the continued availability of modern prison facilities with adequate capacity will continue to be central to the work of the Irish Prison Service and will be core to the development of the new Irish Prison Service Capital Strategy 2023.

Prison Service

Questions (879)

Paul Murphy

Question:

879. Deputy Paul Murphy asked the Minister for Justice her views on whether it is discriminatory that there is no open prison for women, as is outlined in reports from the prison inspectorate, visiting committee, IPRT reports, chaplains report, and the Oireachtas Justice Committee; and the action that she will take to resolve this issue and stop the discrimination. [55285/22]

View answer

Written answers

I know that female offenders represent a particularly vulnerable group within the prison system and I can assure the Deputy that the Prison Service is acutely aware of the challenges that these vulnerable women face. The particular needs of women prisoners is reflected in how our modern prison facilities are developed. 

The Dóchas Centre, which accommodates the majority of female prisoners in Ireland, was purposely built and specifically designed for women.  A particular focus of the design of the prison was to ensure that the women accommodated in the centre had access to a regime that mirrored, as much as possible, living in ordinary accommodation and thus supported the women's reintegration to society, which is a key objective of the prisons system.

Likewise, the new purpose built female prison in Limerick, which will provide accommodation for 50 prisoners and is expected to be operational by the end of this year, has been specifically designed to cater to the needs of female prisoners.  

The design concept was influenced by best practice in prison design and similar rehabilitation facilities internationally. It is designed around the principles of normalisation, progression and rehabilitation, underpinned by a therapeutic environment to support women in prison to reintegrate back into society on completion of their sentence. It includes a mix of accommodation and a mother and baby unit. In addition, it will provide improved facilities for families visiting. 

Consideration was given to the development of an open centre for women by a Joint Probation Service/Irish Prison Service working group. The conclusion of this was that it was more appropriate to develop and use step down facilities for women and this is the approach that has been progressed.  

The Outlook Programme, which promotes the rehabilitation and re-integration of women leaving prison or on Probation Service supervision who have accommodation needs and require structured community supports, is run in joint partnership with the Probation Service and managed by Focus Ireland. It supports women who pose a low risk to society to gradually re-integrate into the community. The Programme opened in May 2019 and to date, 30 women have been supported by the project.

In addition, the Abigail Centre provides accommodation and other related services for women.  NOVAS Initiatives provide supported temporary accommodation for 40 women in the main block of the building.  In a separate but connected unit, called Tús Nua, accommodation is provided for 15 women and is managed by De Paul Ireland.  Tús Nua work closely with the Prison and Probation Service to support women offenders to reintegrate into the community on their release from custody and is funded by my Department through the Probation Service.

Separately, it may interest the Deputy to know that the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform. In respect of delivering on this commitment, I recently published the Review of Policy Options for Prison and Penal Reform 2022-2024. 

The review seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community based sanctions are more appropriate in diverting offenders away from future criminal activity. 

The review also includes a priority action to develop and expand the range of community based sanctions, including alternatives to imprisonment. As part of this it commits to build on the joint Prison Service / Probation Service strategy “An Effective Response to Women who Offend” and incorporate the Probation Service 2021 “Best Practice Approach” to scope the development and explore the feasibility of a number of actions to work for positive outcomes for women who offend.

Assisted Decision-Making

Questions (880)

Neasa Hourigan

Question:

880. Deputy Neasa Hourigan asked the Minister for Justice further to Parliamentary Question No. 500 of 25 October 2022, the specific allocation in budget 2023 to the budget of the Courts Service for the implementation of the Assisted Decision Making (Capacity) Act 2015; and if she will make a statement on the matter. [55291/22]

View answer

Written answers

The Programme for Government commits to commencing the Assisted Decision Making (Capacity) Act 2015, recognising the importance of the much-needed reform that it represents. The Act will bring into effect a new legislative framework to support decision making by adults with capacity difficulties. The Act provides for a three tier framework of decision making assistance arrangements, co-decision making agreements, and decision making representation orders.

The 2015 Act also provides for the long overdue repeal of the Lunacy Regulation (Ireland) Act 1871 and the bringing to an end of the system of wardship for adults. All existing wards of court will be discharged over a three year period and if appropriate they will be transitioned to a decision support arrangement under the Act.

In order to commence the 2015 Act, a number of amendments were required. Responsibility for the Assisted Decision Making (Capacity) Act 2015 now rests with my colleague, the Minister for Children, Disability, Equality, Integration and Youth Minister O'Gorman, and his Department, and I understand he is progressing the Assisted Decision Making (Capacity) (Amendment) Bill 2022 through the Houses of the Oireachtas currently. The Bill contains those necessary amendments to enable the commencement of the full legislation as soon as possible thereafter.

An additional €200,000 was allocated to the Courts Service 2023 budget specifically to support the implementation of the Assisted Decision Making (Capacity) Act 2015.

The Legal Aid Board is also funded from my Department’s vote and an additional €3 million is being  provided in 2023 in respect of legal advice and support to persons under the Assisted Decision Making (Capacity Act).

Protected Disclosures

Questions (881)

John McGuinness

Question:

881. Deputy John McGuinness asked the Minister for Justice the status of an independent investigation into penalisation arising from a protected disclosure submitted relative to the Irish Prison Service; the date the investigation commenced; if an interim or final report has been submitted to her Department; if the complaint regarding penalisation in respect of this person had been investigated on two occasions prior to the commencement of the independent investigation and if so, the actions that were taken arising from the investigations; and if she will make a statement on the matter. [55298/22]

View answer

Written answers

As the Deputy is aware, the Protected Disclosures Act was enacted in 2014 to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities.

The Act also affords very important protections to persons making protected disclosures. I am sure that the Deputy will appreciate therefore that it would not be appropriate for me to comment on nor confirm the existence of any specific protected disclosure. The protection of those wishing to make a protected disclosure rightly prioritises the confidentiality of the process, which is central to the efficacy of that process.

The Irish Prison Service cannot comment on any investigation so as to ensure the protection of all parties.  The Irish Prison Service is part of the integrity at work programme with Transparency International Ireland and aims to ensure all workers are afforded the appropriate protections as provided for under the Act when making disclosures.

Departmental Staff

Questions (882)

Paul Donnelly

Question:

882. Deputy Paul Donnelly asked the Minister for Justice the number of additional staff and costing that would be required if her Department's registration office in Burgh Quay had its opening hours extended to 8am to 7pm Monday to Friday. [55336/22]

View answer

Written answers

The Registration Office of my Department is currently open to the public in Burgh Quay from 8am to 9pm Monday to Thursday, and 8am to 6pm on Friday. The Registration Office is also open some weekends during peak demand.

Any person registering for the first time is required to attend at their local registration office in person and, as part of my Department’s ongoing work to meet the demand for first-time registration appointments, on 10 January 2022, a Freephone service (1800 800 630) was introduced for Dublin based customers. 

The current operating hours of the phone-line are 9am to 5pm Monday to Friday and all appointments for Dublin based customers to register their immigration permission are now issued through this service. Operators offer one appointment per call, unless it is for an identifiable family group. So far this year, the Registration Office of my Department has dealt with over 37,000 appointments. 

Additionally, if a non-EEA national is residing in the Dublin area and has an existing valid permission to be in the State, then they do not need to seek an appointment to attend in person to renew their permission. An online renewal facility was launched in July 2020 to process renewals and there has been approximately 177,000 registrations renewed online since the facility was launched.

The Registration Office’s customer service team is available to support customers who may have language difficulties or who may need assistance with translation. A number of multi-lingual videos describing the registration process and what to expect are available on my Department's immigration website (www.irishimmigration.ie). 

Customers who have an emergency can contact the Immigration Service Helpdesk by emailing immigrationsupport@justice.ie, who will endeavour to assist.

Departmental Data

Questions (883)

Paul Donnelly

Question:

883. Deputy Paul Donnelly asked the Minister for Justice the monetary value of fireworks seized by gardaí in 2021 and to date in 2022; and the number of persons successfully prosecuted for possession of firearms without a valid licence in the same time period, in tabular form. [55337/22]

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Written answers

Fireworks, because they are explosives, are regulated under national and EU legislation and can only be imported into the country under licence and stored and sold in accordance with explosives law.

Government policy restricts the availability of all hazardous fireworks to the general public. Licences under the Explosives Act are issued by my Department only for the importation of fireworks which are to be used in organised displays conducted by professional and competent operators.

Part 6 of the Criminal Justice Act 2006 gives An Garda Síochána the power to make arrests in relation to the possession of unlicensed fireworks. An example of the penalties faced include a fine of up to €10,000 and up to five years imprisonment if convicted of having fireworks in your possession with intent to sell or supply. Igniting fireworks or throwing an ignited firework at a person or property is also liable to the same severe penalty. These penalties demonstrate the seriousness attached to breaches of the legislation governing the importation and use of fireworks.

As the Deputy may be aware, each year in the run up to Halloween, additional efforts are made by An Garda Síochána to combat the illegal importation, sale and use of fireworks, under what is known as Operation Tombola. This year was no different and I have been advised by the Garda Commissioner that Operation Tombola commenced on 01 October. 

I am further advised that, through Operation Tombola, each Regional Assistant Commissioner ensures that appropriate measures are put in place in each Division, to prevent and detect the organised importation for sale of fireworks in the lead up to Halloween.

An Garda Síochána puts in place a range of measures to combat the importation, sale and distribution of illegal fireworks, through intelligence led operations, visits to local car boot sales, searches and seizures of fireworks. They also liaise with local authorities and Fire Services, and identify and remove stockpiles of bonfire material and abandoned vehicles from locations.

Operation Tombola also focuses on preventing associated public disorder and anti-social behaviour through the incremental deployment of resources, including Garda Public Order Units where appropriate, to augment local plans. 

I am advised by An Garda Síochána that the number of fireworks incidents recorded,  the number of incidents where a quantity of ‘explosives’ were seized, the number of explosives seized and the estimated value of the seizures for from 2021 to date is as set out in Table 1 below. 

I am also advised by the Court Service that the number of offences and the number of persons in the District Court where convictions have been recorded for the offence of Section 2 of the Firearms Act, 1925, as amended by Section 15 of the Firearms Act 1964, and Section 3 of the Firearms Act 1971, for 2021 and up to September 2022 are as set out in Table 2 below. 

Table 1

Year Reported

Fireworks Incidents

Incidents Where Explosives Seized

Number of Explosives Seized

Value

2022 (YTD 03/11/22)

129

54

110

€15,518

2021

187

64

126

€15,366

 Table 2

Year

No. of offences convicted

No of Persons convicted

2021

63

59

2022

38

37

The Deputy will wish to be aware that the Courts Service can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.

Further, some offences have been sent forward for trial to the Circuit Court.  Unfortunately, I am advised by the Court Service that it is not possible to provide the number of persons convicted in the Circuit Court by specific offence.

An Garda Síochána

Questions (884)

Paul Donnelly

Question:

884. Deputy Paul Donnelly asked the Minister for Justice if funding has been secured in 2023 to purchase extra vehicles for Garda armed support units. [55338/22]

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 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 assured, 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.

I can assure the Deputy that the Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2023 provides funding of €2.14 billion for An Garda Síochána, of which I am informed that €10m has been allocated for investment in the Garda fleet.

I am advised that funding for the continual capital investment in An Garda Síochána Fleet has been provided for under the National Development Plan and that the type and quantity of vehicles to be procured in 2023 is currently under consideration.

An Garda Síochána

Questions (885)

Paul Donnelly

Question:

885. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 396 of 27 September 2022, if she has received the necessary information from the Garda authorities. [55339/22]

View answer

Written answers

I understand the Deputy is referring to Parliamentary Questions No. 599, 736 and 396 of 17 May 2022, 12 July 2022 and 27 September 2022, which asked for 'the number of interview rooms in each Garda station within DMR as of 9 May 2022, in tabular form; and if any of those rooms are reserved for suspects, victims or witnesses of crime and that are aged under 18 years of age’. 

As you will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the outfitting of interview rooms. As Minister for Justice, I have no role in these matters.

I am informed by the Garda authorities that the table below sets out the number of interview rooms within the DMR in tabular form as of 9 May 2022. I am also informed that there are a small number of interview rooms reserved for victims or witnesses including one reserved for those under 18 years of age. This is located in Store Street. 

I am further advised that there is a country-wide network of dedicated interview suites established by the Department of Justice and An Garda Síochána in nine strategically chosen locations throughout the State which are used by the Garda authorities to record interviews with vulnerable victims, children and adults.

Region

Division

District

Garda Station

No. of Interview Rooms

DMR

DMR South Central

A

Kevin Street

5

DMR

DMR South Central

A

Kilmainham

1

DMR

DMR South Central

B

Pearse Street

3

DMR

DMR South Central

E

Donnybrook

1

DMR

DMR South Central

E

Irishtown

2

DMR

North Central

C

Store Street

3

DMR

North Central

D

Bridewell

2

DMR

North Central

U

Mountjoy

3

DMR

North Central

U

Fitzgibbon Street

6

DMR

DMR South

P

Terenure

2

DMR

DMR South

P

Rathmines

2

DMR

DMR South

G

Crumlin

2

DMR

DMR South

G

Sundrive Road

1

DMR

DMR South

M

Tallaght

2

DMR

DMR South

M

Rathfarnham

2

DMR

DMR East

F

Cabinteely

0

DMR

DMR East

F

Shankill

2

DMR

DMR East

F

Dun Laoghaire

2

DMR

DMR East

W

Blackrock

3

DMR

DMR East

W

Dundrum

3

DMR

DMR East

W

Stepaside

1

DMR

DMR West

K

Blanchardstown

3

DMR

DMR West

K

Finglas

2

DMR

DMR West

K

Cabra

0

DMR

DMR West

L

Clondalkin

3

DMR

DMR West

L

Ballyfermot

2

DMR

DMR West

L

Rathcoole

0

DMR

DMR West

Q

Lucan

2

DMR

DMR West

Q

Ronanastown

2

DMR

DMR North

J

Raheny

1

DMR

DMR North

J

Clontarf

2

DMR

DMR North

J

Howth

0

DMR

DMR North

Y

Balbriggan

2

DMR

DMR North

R

Coolock

2

DMR

DMR North

R

Swords

1

DMR

DMR North

R

Malahide

0

DMR

DMR North

H

Ballymun

3

DMR

DMR North

H

Santry

0

DMR

DMR North

H

Dublin Airport

2

Legislative Reviews

Questions (886)

Aodhán Ó Ríordáin

Question:

886. Deputy Aodhán Ó Ríordáin asked the Minister for Justice when she expects her Department to complete and publish the promised review of the Criminal Law (Sexual Offences) Act; and if she will make a statement on the matter. [55413/22]

View answer

Written answers

In July 2020, my Department contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act.

As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives. The review will consider all aspects outlined in the Terms of Reference.

The review is being conducted independently of the Department but it is expected it will be completed by the end of the year.

Once received, any recommendations made will be considered as a priority.

Departmental Data

Questions (887)

Aodhán Ó Ríordáin

Question:

887. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if her Department have access to statistics on the number prosecutions under the Criminal Law (Sexual Offences) Act. [55414/22]

View answer

Written answers

As the Deputy will be aware, any decision on whether or not to prosecute a case rests with the Office of the Director of Public Prosecutions (DPP) which is independent in the performance of its functions. 

Any relevant information on the number of cases brought before the courts, and/or convictions, would be held by the Courts Service. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

To be of assistance to the Deputy I have referred his query to the Court Service who will be able to provide any relevant information directly.

An Garda Síochána

Questions (888)

Aodhán Ó Ríordáin

Question:

888. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the information her Department has on whether specialist training is provided to gardaí, in-service and in initial training to recruits, to implement the Criminal Law (Sexual Offences) Act and preparation for gardaÍ in their interactions with those who provide such services. [55415/22]

View answer

Written answers

I 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.

The following deferred reply was received under Standing Order 51
I refer to your Parliamentary Question No. 888 of 8 November 2022 asking for the information my Department has on whether specialist training is provided to Gardaí, in-service and in initial training to recruits, to implement the Criminal Law (Sexual Offences) Act and preparation for Gardaí in their interactions with those who provide such services.
You will recall that at the time Minister McEntee had reached out to An Garda Síochána to request the information sought by the Deputy and undertook to write to you as soon as the information is to hand. As you know, Minister McEntee is on maternity leave and I have taken on the justice portfolio.
As you will be aware, the Garda Commissioner is by law responsible for the management and administration of An Garda Síochána, including the training of its members. I, as Minister, have no direct role in the matter.
I am advised by the Garda authorities that, while there is no specific training given to Gardaí in dealing with people who provide sex services for money, the Criminal Law (Sexual Offences) Act 2017 is covered in detail including prostitution offences as part of Children First Training. The Children’s First training programme provides participants with relevant legislation which may be required or utilised in the investigation of Sexual Crime. The following legislation is outlined in detail:
- Section 7 of the Criminal Law (Sexual Offences) Act 1993 – Soliciting or importuning for purposes of prostitution as amended by Section 25 of the Criminal Law (Sexual Offences) Act 2017
- Section 7A – Payment etc for sexual activity with prostitute
- Section 8 – Loitering for purposes of prostitution as amended by Section 25 of the Criminal Law (Sexual Offences) Act 2017
- Section 9 of the Criminal Law (Sexual Offences) Act 1993 – Soliciting or importuning for purposes of prostitution as amended by Section 25 of the Criminal Law (Sexual Offences) Act 2017
- Section 5 of the Criminal Law (Human Trafficking) Act 2008 as amended by Section 26 of the Criminal Law (Sexual Offences) Act 2017 – Soliciting or importuning for purposes of prostitution of trafficked person
- Section 19 of the Criminal Law Amendment Act 1935 as amended – Search of brothels
Children First training is two days in duration and is delivered to trainee Gardaí as part of the current BA in Applied Policing Programme and is also delivered to Garda members by CPD training units nationally.

Departmental Staff

Questions (889)

Catherine Murphy

Question:

889. Deputy Catherine Murphy asked the Minister for Justice the number of officials in her Department who have undertaken the Harvard Business School advanced management programme in the past ten years to date; the grade of each official; and the cost for each attendee, in tabular form. [55486/22]

View answer

Written answers

I can inform the Deputy that no officials in my Department have undertaken the Harvard Business School advanced management programme in the specified timeframe.

An Garda Síochána

Questions (890)

Catherine Murphy

Question:

890. Deputy Catherine Murphy asked the Minister for Justice the amount An Garda Síochána has spent on vehicular recovery services within the Kildare Garda division in 2021 and to date in 2022; the name of the company that was awarded the contract to provide this service; and when this current contract is due to expire. [55517/22]

View answer

Written answers

As you will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes responsibility for decisions in relation to the management of the Garda Vote. As Minister for Justice, I have no role in such matters.

However, I am informed by the Garda authorities that €326,784.95 was spent on vehicular recovery services in the Kildare Division in 2021. I understand that €239,146.44 has been spent to date in 2022.

I am also informed that Corcoran Recovery Services, of Naas, Co. Kildare currently hold the contract for vehicular recovery services in the Kildare Division. I am advised that the current contract came into effect in August 2021 and will expire in August 2025. 

I am further advised that the figures provided are for expenditure on vehicular recover services only, and do not include storage costs.

The following revised reply was received on 22 December 2022.

As you will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes responsibility for decisions in relation to the management of the Garda Vote. As Minister for Justice, I have no role in such matters.

I am informed by the Garda authorities that €170,796 was spent on vehicular recovery services in the Kildare Division in 2021. I understand that as of 30 September, €153,534 has been spent on vehicular recovery services in 2022.

I am also informed that Corcoran Recovery Services, of Naas, Co. Kildare held the contract for vehicular recovery services in the Kildare Division in 2021 and up to September 2022.

An Garda Síochána

Questions (891)

Catherine Murphy

Question:

891. Deputy Catherine Murphy asked the Minister for Justice the number of persons arrested and charged with offences under Operation Preacher to date; and the number of successful convictions obtained to date. [55518/22]

View answer

Written answers

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. 891 of 8 November 2022 where you sought:
“The number of persons arrested and charged with offences under Operation Préachán to date; and the number of successful convictions obtained to date.”
As you will recall, Minister McEntee undertook to contact you again once the information was to hand.
As you will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including operational policing matters. As Minister, I have no direct role in these independent functions.
The Garda authorities have advised that Operation Préachán was initiated in August 2022 to provide a proactive policing response to disrupt, detect and prevent criminal activities in the Cherry Orchard area of Ballyfermot, with a focus on unauthorised taking of vehicles, criminal damage, dangerous driving and public disorder.
On the 20th August 2022, a search and arrest operation took place, to investigate ten such incidents where suspect offenders were identified. The operation was conducted to apprehend the main protagonists and bring them before the courts in an effort to deter further criminal activity in the area. Five suspects were charged and brought before the courts on the 20th August 2022.
I am advised that, on 19th of September 2022, Gardaí at Ballyfermot Garda Station responded to reports of a number of vehicles driving dangerously on Cherry Orchard Avenue in Ballyfermot. A marked Garda patrol car was subsequently rammed by two of the vehicles that were driving dangerously in the area. Gardaí identified the three vehicles that were involved in the ramming of the marked Garda Patrol car. All three vehicles were stolen from the Lucan area on the 18th and 19th of September 2022. Following an extensive investigation, five suspects involved in the incident in Cherry Orchard Avenue and surrounding locations were identified and subsequently arrested on 3rd and 4th of October, 2022.
Following consultation with the Garda Youth Diversion Bureau four of the suspects were charged with unauthorised taking, dangerous driving and criminal damage offences. One of the individuals was deemed suitable for inclusion in the Juvenile Youth Diversion Programme.
I understand a file is currently being compiled for the consideration by the Director of Public Prosecutions where further charges are being recommended in relation to two suspects in the case. The suspects in the incident which occurred on 19th September, 2022 were not the original targets of Operation Préachán.
The Deputy will be interested to know that, on the 20th September 2022, in addition to Operation Préachán, a short term policing plan was immediately initiated, to address instances of anti-social behaviour and criminal behaviour in the area and reassure the community that this behaviour would not be tolerated. The immediate response involved the enhanced allocation of supplementary resources to support working resources by way of additional patrols including mountain bike, beat and mobile patrols, together with the allocation of the Garda National Public Order Unit and plain clothes patrols. These resources were briefed daily and operated to a defined schedule of proactive patrols, checkpoints and identified tasks.
Local Garda management have implemented a medium term plan which shall operate until September, 2023. This plan will continue to proactively target anti-social behaviour and criminal offending by focusing on prolific offenders through specific operations which result in preferring criminal charges. Court appearances shall be followed up with intensive monitoring of bail / curfew and case management of youth and adult offenders before the Courts. This intense monitoring will involve daily actions such as but not limited to the following:
- District Tasking Unit assigned to prolific offender management and to action intelligence led operations
- The continuation of intelligence flow and intelligence led operations
- Allocation of case managers for identified prolific offenders in particular those progressing from the Juvenile Diversion Programme to the Court system
This policing strategy provides for the expansion of Community Policing in Cherry Orchard, continued Garda engagement with stakeholders and services including Dublin City Council (DCC), Health Service Executive (HSE), TUSLA, Probation Service, and Local Community initiatives including Youth Justice Initiatives.
The Garda authorities have advised that statistics are not compiled specifically relating to Operation Préachán, however, the table below, outlines the operational activity that has taken place in the Clondalkin District.
As of 31 October 2022, the following operational activity has been undertaken in the Clondalkin District which encompasses Ballyfermot, Clondalkin and Rathcoole over the past twelve months:

Arrests

1176

Charges preferred

1792

Summons issued

3675

JLO/Adult caution

261

Drugs seized

€3,903,437

Firearms Seized

125

Cash Seized

€530,144

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