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Thursday, 10 Nov 2022

Written Answers Nos. 285-294

Deportation Orders

Questions (285)

Bernard Durkan

Question:

285. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 350 of 13 October 2022, if her Department will accept and consider further detailed up-to-date information which may be helpful to the case of a person (details supplied); and if she will make a statement on the matter. [56031/22]

View answer

Written answers

As previously advised, the person referred to in the Deputy's query is the subject of a Deportation Order, signed on 11 March 2005.  Representations were received from the person concerned, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked.  Following detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed and notified to the person concerned by letter dated 4 April 2019. 

While there are no outstanding correspondence or applications on file for this person, it is open to the person or their legal representative to submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended).   A request seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the  decision to affirm the extant Deportation Order was made.  Any such request submitted would be considered on its merits, having due regard to all refoulement issues. 

Requests for revocations should be sent directly to:

Repatriation Unit,

Immigration Service Delivery,

13/14 Burgh Quay,

Dublin 2

DO2 XK70.

Requests for the revocation of the Deportation Order are non-suspensive of the Deportation Order made in respect of the applicant and as such, if such a request is submitted, the person concerned is still required to present to the Garda National Immigration Bureau.  A decision in the case would be either to affirm or to revoke the existing Deportation Order.  In the meantime, the Deportation Order remains valid and in place.

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service Delivery (ISD) function of my Department by e-mail using the Oireachtas Mail facility 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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Questions (286)

Holly Cairns

Question:

286. Deputy Holly Cairns asked the Minister for Justice if she will address the case of an individual (details supplied) who has received no decision on their permanent residency permit application. [56064/22]

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Written answers

I can advise the Deputy that the person referred to submitted an application for permanent residence in the State, which was received by the EU Treaty Rights Division of my Department on 1 March 2021. This application will be assessed in accordance with the European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 and the provisions of the European Communities (Free Movement of Persons) Regulations of 2015, where applicable.

It should be noted that this case is amongst many to be considered at present and, as such, at this point in time, it is not possible to provide a specific indication as to when this case will be finalised. However, you can be assured that there will be no avoidable delay in having this case brought to finality.

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 (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 Questions process.  The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

An Garda Síochána

Questions (287)

Jim O'Callaghan

Question:

287. Deputy Jim O'Callaghan asked the Minister for Justice if consideration can be given to extending the retirement age for members of An Garda Síochána from 60 to 66 years in order to resolve the recruitment crisis that exists within An Garda Síochána and to ensure the retention of expert knowledge within the force; and if she will make a statement on the matter. [56065/22]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of Garda business, which includes the recruitment and training of Garda members and staff. As Minister I have no direct role in the recruitment of Garda members, however, I can assure the Deputy that the Government is committed to ensuring that An Garda Síochána has the resources it needs, with over €2.14 billion allocated to the Garda Vote in Budget 2023.

This includes provision for the recruitment of up to 1,000 additional Garda members and 400 Garda staff. 

As the Deputy will appreciate, recruitment of Garda members was severely affected by the Covid pandemic during which time the Garda College had to be closed for long periods. I am informed by the Garda authorities that at the end of August this year, there are 14,283 Garda members, supported by over 3,117 Garda staff (unsworn members). This represents an increase of almost 12% since 2015 when there were 12,816 Garda members throughout the country.

A new competition was advertised in February 2022 with a closing date in March. I am pleased to say that over 11,000 expressed an interest in joining An Garda Síochána and that approximately 5,000 participated in the tests.  Interviews are currently taking place in rolling batches, with the first recruits from this competition due to commence their training at the end of this month, having completed the necessary fitness, medical and vetting checks.

The Commissioner has committed to recruiting an additional 200 trainee Gardaí every three months from the start of 2023.  In addition, in order to ensure a strong pipeline of recruits into 2024, arrangements are being made to commence the next recruitment campaign in the first half of 2023.

The Deputy will also be interested to know that as part of the on-going reform of An Garda Síochána, some 900 members who were previously assigned to administrative roles have been released to the front-line and replaced by Garda (civilian) staff.  This has been made possible by an increase of nearly 1,000 Garda staff since 2017, with a further 400 due to be recruited in 2023.

Insofar as the question of extending the retirement age is concerned, the Deputy will appreciate that this is a complex issue that must have regard to various factors, including the nature of policing and the fast accrual arrangements in place to reflect the particular physical requirements of the role. 

In relation to the retirement age, a review was commenced and is now being considered.

An Garda Síochána

Questions (288)

Jim O'Callaghan

Question:

288. Deputy Jim O'Callaghan asked the Minister for Justice the percentage of members of An Garda Síochána who have only a competency-based driving permit at level 1; and if she will make a statement on the matter. [56066/22]

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:
The assessment consists of a classroom element where the limitations of CBD1 are explained and discussed, the relevant Garda Code is outlined and candidates have to undertake a Rules of the Road Exam.  After this the member is brought on an assessment drive where there competency to drive under the limitations of CBD1 is assessed.  
While the Garda authorities do not have the specific information sought by the Deputy, I am advised that a total 1,256 Garda members have received training since 2020 to December 2022. The Table in the attached Appendix sets out the number of Garda members by Division who secured a competency-based driving permit at level 1 in 2020, 2021 and 2022. 
Appendix

CBD 1

2020

2021

2022

Cavan/Monaghan

23

42

12

Clare

3

 

3

Cork City

 

39

2

Cork North

 

10

3

Cork West

 

 

 

DMR East

1

32

21

DMR West

20

72

27

DMR North Central

11

57

13

DMR South Central

5

72

13

DMR South

1

77

48

DMR North

11

117

58

Donegal

24

37

8

Galway

 

23

1

Kerry

 

8

3

Kildare

3

1

25

Kilkenny/Carlow

1

23

 

Laois/Offaly

 

 

17

Limerick

 

32

14

Louth

 

32

16

Mayo

 

2

 

Meath

 

52

 

Roscommon/Longford

 

2

1

Sligo/Leitrim

 

5

12

Tipperary

 

4

11

Waterford

16

31

 

Westmeath

 

1

 

Wexford

8

 

12

Wicklow

 

 

16

DMR Traffic

 

 

 

Specialist Units

16

3

3

Total:

143

774

339

Grand Total:

 

 

1256

An Garda Síochána

Questions (289)

Jim O'Callaghan

Question:

289. Deputy Jim O'Callaghan asked the Minister for Justice the number of members of An Garda Síochána who were subject to assaults in 2021 and to date in 2022; and if she will make a statement on the matter. [56068/22]

View answer

Written answers

I condemn, in the strongest possible way, any attacks made on members of An Garda Síochána and other frontline services.

We are all immensely grateful to members of our police service for their outstanding dedication and commitment to serving the public and for the important role that they play in our society.

Attacks on members of An Garda Síochána not only injure the victims but communities as a whole with an attack on Gardaí an attack on the safety of all of us. It is imperative that frontline workers are protected in carrying out their work and that the law reflects and responds to the situations in which they find themselves.

The unprecedented €2.14 billion allocated to An Garda Síochána under Budget 2023 demonstrates the Government’s commitment to ensuring that Gardaí have the resources they need to carry out their vital service. This includes the provision of €6 million for new ballistic vests to protect frontline Gardaí.

While the criminal law in this area is being kept under ongoing review, there are a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against Gardaí.

Any assault causing harm on any person is an offence under section 3 of the Non–Fatal Offences Against the Person Act 1997. A person convicted of such an offence would be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a maximum fine of €2,500 or both. 

I have signalled my intention to increase the maximum penalty available for this offence to 10 year imprisonment, in amendments to the Criminal Justice (Miscellaneous Provisions) Bill, which is currently before the Oireachtas.

Furthermore, an assault on a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel, or a member of the Defence Forces would constitute an offence under section 19 of the Criminal Justice (Public Order) Act 1994.

A person convicted of such an offence would be liable on summary conviction to a maximum fine of €5,000, or to imprisonment for a term not exceeding 12 months, or both. A person convicted of such an offence on indictment would be liable to a fine, or to imprisonment for a term not exceeding 7 years, or both. The latter penalty was increased from a maximum term of 5 years in 2006. 

The table below, furnished to me by the Garda authorities, outlines the number of Gardaí who have been assaulted while on active duty in the State in 2021 and to date in 2022.

YEAR

2021

2022*

Grand Total

Totals

241

196

437

* Information provided is taken from PULSE as of 14 October 2022.

An Garda Síochána

Questions (290, 291)

Alan Kelly

Question:

290. Deputy Alan Kelly asked the Minister for Justice the person or body that manages the expenditure within the Garda College in Templemore. [56079/22]

View answer

Alan Kelly

Question:

291. Deputy Alan Kelly asked the Minister for Justice the total amount of expenditure for the Garda College in Templemore in each of the years 2016 to 2021 and to date in 2022, in tabular form. [56080/22]

View answer

Written answers

I propose to take Questions Nos. 290 and 291 together.

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.

The Garda authorities have advised me that the management and governance of expenditure with the Garda college is carried out by the Garda College Finance Office, on behalf of An Garda Síochána. 

I am further advised that the table below details the total amount of expenditure allocated to the Garda College cost centres in the financial system from 2016 to the end of October 2022.

 -

2016

2017

2018

2019

2020

2021

1 Jan to 31 Oct 2022

 

Figure by 000

€'000

€'000

€'000

€'000

€'000

€'000

Garda College

€23,242*

€31,807

€35,611

€32,458

€22,950

€25,726

€21,552

*therefore €23,242,000

Question No. 291 answered with Question No. 290.

An Garda Síochána

Questions (292)

Alan Kelly

Question:

292. Deputy Alan Kelly asked the Minister for Justice her views on a matter (details supplied). [56081/22]

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Written answers

I can advise the Deputy that disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 (as amended) and the Garda Síochána (Discipline) Regulations 2007, as amended by the Garda Síochána (Discipline) (Amendment) Regulations 2011, and are a matter for the Garda Commissioner.  As Minister, I have no role in these independent functions.

I am informed by the Garda authorities that the below table below sets out the information requested by the Deputy.

Year suspended

Number of Suspensions (currently suspended)

2022

31

2021

34

2020

29

2019

11

2018

4

2016

2

2014

1

I am informed by the Garda authorities that there is no maximum duration that a member of An Garda Síochána can be suspended for, as each case is different and has to be decided on its merits. Each suspension is reviewed on a regular basis for any changes in circumstances. Some members are before the courts and are awaiting dates for trials and therefore discipline investigations have to be put into abeyance, pending conclusion of the criminal proceedings. In other cases discipline investigations are ongoing or the case may be subject to a hearing before a Board of Inquiry or Appeal Board, or before the courts, which all impact on suspensions.

I am advised that in all cases where a member of An Garda Síochána is suspended, they are informed of the reason(s) for the suspension. The suspended member is informed of the availability of the Garda Employee Assistance Service and given contact details by a Liaison Officer. Upon suspension, the member is served with a notice which sets out the conditions attached to the suspension and the entitlements or otherwise of the suspended member.

An Garda Síochána

Questions (293)

Alan Kelly

Question:

293. Deputy Alan Kelly asked the Minister for Justice the number of gardaí by rank who are currently suspended from any Garda divisions in Limerick. [56082/22]

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Written answers

I have sought information from the Garda authorities in order to answer the Deputy's question, however this information was not available in time. I will write to the Deputy again when the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 293 of 10 November 2022 where you sought:
“The number of Gardaí by rank who are currently suspended from any Garda divisions in Limerick”
As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
As you will appreciate, disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 (as amended) and the Garda Síochána (Discipline) Regulations 2007, as amended by the Garda Síochána (Discipline) (Amendment) Regulations 2011, and are a matter for the Garda Commissioner. As Minister, I have no role in these independent functions.
I am informed by the Garda authorities that 13 Garda members are currently suspended from duty in the Limerick Division. I am further informed that a breakdown by rank is not provided as to do so could lead to identification of these members.
I am advised that there is no maximum duration that a member of An Garda Síochána can be suspended for, as each case is different and has to be decided on its merits. Each suspension is reviewed on a regular basis for any changes in circumstances.
I am informed that in all cases where a member of An Garda Síochána is suspended, they are informed of the reason(s) for the suspension. The suspended member is informed of the availability of the Garda Employee Assistance Service and given contact details by a Liaison Officer. Upon suspension, the member is served with a notice which sets out the conditions attached to the suspension and the entitlements or otherwise of the suspended member.
I hope that this information is of assistance.

Nursing Education

Questions (294)

Michael Healy-Rae

Question:

294. Deputy Michael Healy-Rae asked the Minister for Health the reason his Department charges €395 to candidates to sit an examination for nursing (details supplied); and if he will make a statement on the matter. [55932/22]

View answer

Written answers

As the specific issue raised by the Deputy refers to the operational responsibilities of the NMBI, I have referred the matter to the NMBI for its attention and direct response to him.

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