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Tuesday, 6 Dec 2022

Written Answers Nos. 483-503

Control of Firearms

Questions (483)

Jennifer Murnane O'Connor

Question:

483. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of semi-automatic centre fire rifles that have been licensed by An Garda Síochána in each of the years since 2015 and to date in 2022; if she has plans to adjust this date; if she will instruct her Department to consult with persons who own such firearms before signing off on such legislation via an appointed group; and if the State will compensate Irish citizens for their loss of property given that this proposal will affect persons who have invested large sums in these firearms in some cases (details supplied). [60797/22]

View answer

Written answers

I regret to inform the Deputy that An Garda Síochána have advised my Department that it is not possible to collate the number of semi-automatic centre fire rifles for each of the years since 2015 to date as it would necessitate a manual trawl of PULSE, which would take an inordinate expenditure of Garda resources and time. However, my Department has been monitoring the importation of semi-automatic centre fire rifles into the State. Between January 2015 and December 2021, the Department of Justice authorised the import of 97 SACF rifles, of these we have been informed that 38 have been issued licences. A breakdown of these figures is as follows:

The number of semi-automatic centre fire rifles imported - January  2015 – December 2021

Year

2015  

2016

2017

2018

2019

2020

2021

Total   Firearms

Imported  

2015-2021

Year

2015  

2016

2017

2018

2019

2020

2021

Total   Firearms

Imported  

2015-2021

Licensed

3

0

5

13

7

7

3

38

Unlicensed

3

2

11

10

5

6

22

59

Annual   total

6

2

16

23

12

13

25

97

The measure referred to by the Deputy is the proposed new section 3DA of the Firearms Act,1925, which was approved at Committee Stage in the Dáil on 08 November 2022, as a new section 10 of the Criminal Justice (Miscellaneous Provisions) Bill 2022.

The proposed new section 3DA (2) of the Firearms Act 1925, provides that on the day that is three months after the relevant date, any firearm certificate for a semi-automatic centre-fire rifle that was first granted after 18 September, 2015, and that was in force immediately before the relevant date, shall stand revoked.  The “relevant date” is the date that the above section shall come into operation.

I am proposing this section on public safety grounds, in line with a previous announcement by the then Minister on 18 September 2015. It is important to note that the intention to introduce this measure has been a matter of public record since that date. I share the concerns of An Garda Síochána in relation to public safety and equally, I also acknowledge the dedication and responsibility of the owners of legally held firearms in the State. In this regard I note that this measure has been a long standing recommendation of An Garda Síochána which was taken into account by the then Minister when she made her announcement on 18 September 2015

Since the cap was first announced the intention to revoke such certificates has been public. Steps were taken in the intervening period to raise awareness that any new certificates for these firearms stood to be revoked when the cap was introduced.  Licencing Officers and applicants are directed, by the publicly available Commissioner’s Guidelines on the Practical Application and Operation of the Firearms Acts, to consider the upcoming restriction when submitting an application for one of these rifles to be licenced. Registered Firearms Dealers seeking to import these rifles have been advised by my Department that such rifles would become unlicensable when the new legislation is enacted.

The original decision to cap this particular type of firearm was made upon public safety grounds, due to their use in international shootings that have resulted in significant loss of life and, in my view, that policy context has not changed.  On that basis, I proposed the inclusion of this provision in the Criminal Justice (Miscellaneous Provisions) Bill 2022 and the Dáil has recently confirmed its support for this approach.

This measure is a cap, as opposed to an outright ban. This is because persons who held a firearms certificate for these types of rifles before the date of the then Minister’s announcement on 18 September 2015, and whose certificate was in force immediately before the relevant date, will be able to continue to renew their certificates.

Persons who obtained firearms certificates in respect of semi-automatic centre fire rifles after 18 September, 2015, will have their certificate revoked.

I believe that this is an appropriate and balanced measure given that it is forward looking from the then Minister’s public announcement in 2015 and not retrospective from before that date. Finally, as is clear from above, my Department has consistently communicated this policy over the last few years and the payment of compensation would not arise in these circumstances.

Legislative Programme

Questions (484)

Denise Mitchell

Question:

484. Deputy Denise Mitchell asked the Minister for Justice if consideration has been given to reforming probate laws as they currently stand with a view to making the probate process more efficient; and if she will make a statement on the matter. [60838/22]

View answer

Written answers

As the Deputy may be aware, the Probate Office is an office of the High Court. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices, who are also independent in carrying out their functions.

On November 24th, Minister of State James Browne, on behalf of Minister for Justice, Helen McEntee, brought forward a number of key amendments to the Courts and Civil Miscellaneous Provisions Bill at Dail committee stage. There was an amendment to section 36 of the Succession Act 1965 to streamline the probate process, by allowing a district probate registrar to certify that no other applications have been made in respect of the estate of a deceased person. This task is currently carried out by Courts Service personnel in the Dublin Probate Office, and this amendment will allow district offices to process and issue the standard grants more efficiently, allowing shorter probate processing times. This Bill will complete the legislative process in the New Year.   

In addition, as part of the updated actions under Housing for All, the Department will in 2023 examine whether the probate process is causing delays to releasing supply of residential property and identify actions to address any such delays as needed.

I am informed by the Courts Service that they have embarked on a 10-year programme of modernisation of the Courts system. A proposal to roll out an eProbate project has been identified as part of the civil law modernisation workstream. It is envisaged that this project will include a single point of contact for all applications for Probate in the State. The introduction of this improved system will hopefully lead to a faster and more efficient process time. By reducing the number of invalid applications, the development of the new system will allow staff resources to be better utilised in processing other applications for the benefit of court users.

An Garda Síochána

Questions (485)

Seán Sherlock

Question:

485. Deputy Sean Sherlock asked the Minister for Justice if she has received a notification or any other such correspondence from the Garda Commissioner in relation to the location of the Criminal Assets Bureau to Heuston Station; and if such correspondence refers to any measure by An Garda Síochána to reduce the capability of CAB to be able to carry out its core functions due to a reduced number of staff who may be redeployed elsewhere. [60905/22]

View answer

Written answers

As the Deputy may be aware, the Criminal Assets Bureau (CAB) is a statutory body with staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and the Department of Justice. 

I can inform the Deputy that there is no proposal to reduce the staffing of the Bureau.  Competitions are currently underway to fill vacancies across all four agencies.  I can also confirm that CAB are relocating to the newly completed Walter Scott House on Military Road, next to Heuston Station, not into Heuston Station itself.

Drug Dealing

Questions (486)

Bernard Durkan

Question:

486. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she together with the international community continue to converge on the illegal drug barons with a view to limiting their influence on people of all ages with particular reference to young people; and if she will make a statement on the matter. [60962/22]

View answer

Written answers

I can assure the Deputy that tackling organised criminal activity is an overriding priority for An Garda Síochána and the Government.

I wish to acknowledge the superb and painstaking work of the Gardaí in harnessing an international coalition of support to tackle the criminality associated with a particular Organised Crime Group. The enforcement of sanctions demonstrates the tremendous value and power of international co-operation in tackling organised crime and the actions taken recently send a very clear message to those involved in the group, or associated with the group, that criminality will not go unnoticed or unpunished.

While we should not underestimate the difficulties which the Garda authorities face in tackling organised crime, we continue to see the significant results of their efforts in the arrests made and people being brought before the Courts, both here and in other jurisdictions, as well as the ongoing drugs and firearms seizures made. 

An Garda Síochána tackles organised criminal activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations. To the greatest extent possible, these measures include the use of advanced analytical and intelligence methodologies.

The additional resources allocated to AGS in recent years have enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime, including the Armed Support Unit, Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau (CAB).

An Garda Síochána uses multi-disciplinary approaches to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Such approaches include the use of money-laundering legislation and the powers available to CAB under the proceeds of crime legislation.

Other measures taken to tackle organised crime include the strengthening of legislation where required, the establishment of a second Special Criminal Court in 2016, and the establishment of Garda Armed Response Units in all Garda regions which are available to support all divisions countrywide.

The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. I am advised by the Garda authorities that in 2021, the GNDOCB seized almost €64 million worth of illicit drugs and around €6 million in cash, a significant increase from 2019, when there were over €21 million worth of illicit drugs and over €2.5m in cash seized. 

The Criminal Assets Bureau (CAB) conducted a search operation in Counties Donegal, Limerick and Cork on Friday 14 October 2022 targeting a Limerick based Organised Crime Group (OCG).  The operation was conducted by Bureau Officers, supported by the Southern Regional Armed Response Unit and Gardaí from Donegal and Limerick. The search operation marks a significant development in the overall CAB proceeds of crime investigation which will target assets including properties linked to this OCG. In addition, the CAB were successful in a recent application to the Courts to have a property effectively owned by  a prominent OCG recognised as being the proceeds of crime.

The Criminal Justice (Miscellaneous Provisions) Bill is being progressed, which will increase the maximum sentence for conspiracy to murder from ten years to life in prison. These new laws will ensure that An Garda Síochána and our Courts have the tools they need to take firm and decisive action to deal with our most serious criminals.

Justice Plan 2022 commits to working to break the link between gangs and the children they seek to recruit. In the coming weeks, we will progress draft legislation to outlaw the grooming of children into a life of crime. In parallel, we will continue to roll out a community intervention programme “Greentown” which seeks to break the link between children who are engaged or at risk of engaging with a criminal gang.

An Garda Síochána

Questions (487)

Bernard Durkan

Question:

487. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which plans are in hand to increase recruitment to An Garda Síochána; and if she will make a statement on the matter. [60963/22]

View answer

Written answers

The Government is committed to ensuring that An Garda Síochána has the resources it needs, as shown by the unprecedented allocation provided in Budget 2023 of €2.14 billion. This level of funding will support the planned recruitment of up to 1,000 new Garda members and 400 new Garda staff.

It is clear that we have a strong pipeline of recruits coming through who wish to become members of An Garda Síochána.  There was a high level of interest in the recent Garda recruitment campaign and the recruitment process is continuing to identify candidates to enter the Garda College over the coming period.

More specifically, the first group of candidates from the current competition entered the Garda College on 28 November 2022.  Hundreds more are at various stages of the selection and clearance process, and due to enter the college over the course of 2023.  In particular, further intakes of 200 trainees are scheduled at 11-week intervals over the course of next year, beginning in Q1 2022.  I would encourage all candidates on the panel to ensure they are ready to engage in the final process and in a position to take up their offer when received.

An Garda Síochána

Questions (488, 489)

Bernard Durkan

Question:

488. Deputy Bernard J. Durkan asked the Minister for Justice the current strength of An Garda Síochána; and if she will make a statement on the matter. [60964/22]

View answer

Bernard Durkan

Question:

489. Deputy Bernard J. Durkan asked the Minister for Justice the current strength of An Garda Síochána by gender; and if she will make a statement on the matter. [60965/22]

View answer

Written answers

I propose to take Questions Nos. 488 and 489 together.

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2023 of €2.14 billion.

I am advised by the Garda authorities that at 31 October 2022, the latest date for which figures are available, there were 14,211 Garda members. This represents an increase of 11% since the end of December 2015 when there were 12,816 Garda members. 

I am informed by the Garda authorities that the table below provides a breakdown of these Garda members by gender. 

Rank

Strength on

Male

Female

Commissioner.

1

1

 

Deputy Commissioner.

2

 

2

Assistant Commissioner.

8

4

4

Chief Superintendent.

46

39

7

Superintendent.

168

140

28

Inspector.

468

379

89

Sergeant.

2,082

1578

504

Garda.

11,436

8066

3370

Total

14,211

10,207

4,004

For the Deputy's information, detailed statistics on Garda workforce numbers are published on my Department's website and can be accessed using the following link:

www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/.

Question No. 489 answered with Question No. 488.
Question No. 490 answered with Question No. 57.

Crime Prevention

Questions (491, 492, 493)

Bernard Durkan

Question:

491. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the revised bail laws are successfully preventing crimes while the accused is on bail; and if she will make a statement on the matter. [60968/22]

View answer

Bernard Durkan

Question:

492. Deputy Bernard J. Durkan asked the Minister for Justice the number of crimes if any committed by accused persons while on bail; and if she will make a statement on the matter. [60969/22]

View answer

Bernard Durkan

Question:

493. Deputy Bernard J. Durkan asked the Minister for Justice the number of crimes committed by those while on bail over the past years to date; and if she will make a statement on the matter. [60970/22]

View answer

Written answers

I propose to take Questions Nos. 491 to 493, inclusive, together.

I would like to refer to the Deputy to my reply to his Parliamentary Question 312 of the 20th October 2022 which provides details of the number of persons deemed to have committed further offences while on bail in each of the past ten years.

While I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, all legislative provisions are kept under review in light of the existing provisions and safeguards relating to the granting of bail.

Under the Government’s Zero Tolerance Plan to Tackle Domestic, Sexual and Gender Based Violence, we will consider the possibility of limitations on availability of bail for breaches of barring orders where there is a history of violence as part of a review cycle to identify outstanding and emerging further reforms required to law, practice and procedure.

Question No. 492 answered with Question No. 491.
Question No. 493 answered with Question No. 491.

Departmental Data

Questions (494, 498)

Bernard Durkan

Question:

494. Deputy Bernard J. Durkan asked the Minister for Justice the number of prisoners currently on educational or rehabilitative courses while in prison; the extent to which the numbers have remained consistent over the past three years; and if she will make a statement on the matter. [60971/22]

View answer

Bernard Durkan

Question:

498. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which rehabilitation and education continues to be offered to first-time offenders in prison; the number of such persons currently accessing such courses; and if she will make a statement on the matter. [60977/22]

View answer

Written answers

I propose to take Questions Nos. 494 and 498 together.

The Irish Prison Service provides a wide range of rehabilitative and educational programmes that offer purposeful activity to prisoners while serving their sentences and which encourage them to lead law abiding lives on release.  These programmes are available in all prisons and all prisoners are eligible to use the services, including first time offenders and repeat offenders.   

I can advise the Deputy that it is not possible to provide statistics in relation education and rehabilitation offered to first time offenders, as the manner in which statistics are compiled does not distinguish between first time offenders and repeat offenders.  

I am advised by the Irish Prison Service that a snapshot for the week of 17 October 2022 to 21 October 2022 has identified 1,787 prisoners engaged in educational courses.   Prisoners may attend one or more classes per week.   Details of the number of prisoners engaging in educational services in comparative weeks in the years 2019 – 2022 are outlined in the table below.

 -

Numbers   of prisoners engaged with Education Services

2019    (week of   21 October to 25 October)

1,686

2020    (week of   19 October to 23 October)

1,351

2021    (week of   18 October to 22 October)

1,494

2022   (week of 17   October to 21 October)

1,787

As well as seeking to draw on best practice in adult and further education in the community, curriculum development that is specific to prison circumstances have taken place and this includes courses on addiction, health issues and offending behaviour. Other areas where there has been significant progress in prison education are in physical education, in the arts, in preparing prisoners for release and supporting their transition to life, and often to education, on release from prison.  

The Irish Prison Service is in the process of developing its 2023 – 2026 Strategy.  Central to this strategy will be building on the lessons learned over the past two years and further developing the new modalities of learning that have been introduced, including a move away from classroom only learning and adopting a blended approach to the delivery of education.

By harnessing new technologies and methods for the delivery of educational content the Service can ensure that prisoners are facilitated to continue their learning beyond scheduled classes and extend the delivery of education to people who may not be able to attend prison school due to restrictions on their regime.

The prisons work and training function provides work, work-training and other purposeful activities to all those in custody. Work Training Officers have been appointed and assigned to areas such as catering, laundry, industrial cleaning and industrial skills.  I am advised by the Irish Prison Service that a snapshot for the week of 17 October 2022 to 21 October 2022 has identified 832 prisoners engaged in work and training activities.  Prisoners may attend one or more work and training activity per week.  Details of the number of prisoners engaging in work and training services in comparative weeks for the years 2019 – 2022 are outlined in the table below.

Year

Numbers   of prisoners engaged with Work and Training Services

2019    (week of   21 October to 25 October)

878

2020    (week of   19 October to 23 October)

766

2021    (week of   18 October to 22 October)

758

2022   (week of 17   October to 21 October)

832

Departmental Data

Questions (495)

Bernard Durkan

Question:

495. Deputy Bernard J. Durkan asked the Minister for Justice the number of prisoners on remand currently; the extent to which this number has fluctuated over the past two years; and if she will make a statement on the matter. [60972/22]

View answer

Written answers

As the Deputy will be aware, Prison Governors are, by law, required to admit into custody all prisoners committed to prison by the Courts. The Irish Prison Service therefore has no control over the numbers committed to custody in any given year.

The number of prisoners in custody on trial/remand by month is provided in the table below.  The daily average number of persons in custody on trial/remand was consistently higher from January to November 2022, when compared with the same period for 2021.

In November 2022, the daily average number of persons in custody on trial/remand was 12.6% (+103) higher than that in November 2021.

Number of prisoners in custody on trial/remand and percentage increase/decrease 

Month

Year 2021

Year 2022

% (-/+)

January

666

785

17.87

February

711

834

17.30

March

682

817

19.79

April

682

883

29.51

May

670

897

33.88

June

683

893

30.68

July

658

870

32.18

August

687

868

26.41

September

747

935

25.23

October

781

946

21.08

November

815

918

12.64

December

764

 

 

Departmental Data

Questions (496)

Bernard Durkan

Question:

496. Deputy Bernard J. Durkan asked the Minister for Justice the total number of persons currently in prison for serious crimes, less serious crimes or what are deemed to be minor offences; and if she will make a statement on the matter. [60974/22]

View answer

Written answers

I can advise the Deputy that I have been informed by the Irish Prison Service that the recording of offences is not classified by minor, less serious or serious. According to the latest snapshot of the prison population taken on the 30th November 2022 there were 4,369 persons in custody, of which 3,409 were sentenced prisoners.

A breakdown of the sentenced population by Offence Group description, classified by gender is set out in the table below. 

Offence Group

Female

Male

Total

GP01 Homicide Offences

13

397

410

GP02 Sexual Offences

8

516

524

GP03 Attempts/Threat to Murder, Assaults, Harassments and Related Offence

24

505

529

GP04 Dangerous or Negligent Acts

6

72

78

GP05 Kidnapping and Related Offences

0

46

46

GP06 Robbery, Extortion and Hijacking Offences

3

90

93

GP07 Burglary and Related Offences

12

299

311

GP08 Theft and Related Offences

61

497

558

GP09 Fraud, Deception and Related Offences

4

79

83

GP10 Controlled Drug Offences

11

375

386

GP11 Weapons and Explosives Offences

0

117

117

GP12 Damage to Property and the Environment

2

90

92

GP13 Public Order and Social Code Offences

3

33

36

GP14 Road and Traffic Offences

2

39

41

GP15 Offences against Government, Justice   Procedures and Organisation Crime

7

85

92

GP16 Offences Not Elsewhere Classified

0

13

13

Grand Total

156

3,253

3,409

The Irish Prison Service also have advised that detailed statistical information in relation to numbers in prison custody, prison sentences and length of sentences is available on the Irish Prison Service website www.irishprisons.ie.  This information can be found on the Irish Prison Service website in the Information Centre – under Statistics and Information.  Statistics available include daily prison population, monthly information note statistics, snapshot statistics and yearly statistics.

Departmental Data

Questions (497)

Bernard Durkan

Question:

497. Deputy Bernard J. Durkan asked the Minister for Justice the number of mothers who have been detained in a prison cell while the determination of their family law cases is being pursued; and if she will make a statement on the matter. [60975/22]

View answer

Written answers

I can advise the Deputy that I am not aware of circumstances in which a person would be detained in the manner described, however, if he has a specific case in mind I will make inquiries to clarify the position.

Question No. 498 answered with Question No. 494.

Land Issues

Questions (499)

Ivana Bacik

Question:

499. Deputy Ivana Bacik asked the Minister for Justice her views on the need to provide for orderly and lawful methods of ensuring public access to recreational lands that are held in private ownership; and if she will make a statement on the matter. [60989/22]

View answer

Written answers

As the Deputy may be aware, the responsibility for ensuring public access to recreational lands that are held in private ownership sits with the Department of Housing, Local Government, and Heritage.

It is understood from my colleague the Minister for Housing, Local Government, and Heritage that Sections 206 and 207 of the Planning and Development Act 2000, as amended (the Act) provide for the creation of rights of way by planning authorities where it appears that there is need for a public right of way over any land.

The laws regarding public use of private land for walkers does not fall under the Act and therefore does not fall under the scope of the Review of Planning Legislation currently being undertaken by the Attorney General's Office.

The Deputy may also wish to note that the Department of Rural and Community Affairs, which is also under my remit, last month launched the National Outdoor Recreation Strategy 2023-2027.

The collaborative cross-government strategy will set the stage to strengthen and support the sustainable development of the outdoor recreation sector in Ireland.

The Strategy acknowledges the essential role that landowners play in facilitating access to their lands while acknowledging that this goodwill must be respected by recreational users.

All trails which are registered on the Sport Ireland Trails Register are covered by an insurance policy and the landholders are protected. There are over 400 such trails on the Register.

A key action in the Strategy is to expand The National Walks Scheme – under which landholders receive modest payments to maintain sections of National Way Marked Ways and other priority walks that traverse their lands - to include 150 walking trails by 2024.

All Walks Scheme trails are registered on the Sport Ireland Trails register and thus covered by its insurance policy.

That Department is exploring other options around indemnity which may be progressed as appropriate to ensure that it reflect the needs of landowners and the outdoor recreation sector.

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.

Prison Service

Questions (500)

Catherine Murphy

Question:

500. Deputy Catherine Murphy asked the Minister for Justice the status of the introduction and implementation of the new Prison Service complaints policy; and if she will provide a copy of same. [61031/22]

View answer

Written answers

The critical path for the introduction of the new Prisoner Complaints system includes the drafting of a Statutory Instrument to support a legally sound administrative process and to amend the prison rules.

In that regard, officials in my Department and the Irish Prison Service continue to engage with the Office of the Parliamentary Counsel with a view to completing work on the Statutory Instrument which will give legal effect to the new Prisoner Complaints System. They are also continuing to engage with the relevant stakeholders, including the Office of the Ombudsman, with regard to the introduction of the new complaints system and in preparation for its future operation.

In tandem, the Irish Prison Service are reviewing and updating systems and processes to provide for the additional responsibilities required under the new system.

Once the final text of the Statutory Instrument is confirmed, the Irish Prison Service will update the IT system, the Training Manual, the Policy and Staff Guidelines and the Prisoner Information media to support and explain the new procedures and staff training will be undertaken. It is estimated that this work to implement the new regulations will take roughly 16-18 weeks to complete once the text of the Statutory Instrument is confirmed.

Departmental Data

Questions (501, 502)

Catherine Murphy

Question:

501. Deputy Catherine Murphy asked the Minister for Justice the number of complaints under each category heading made by prisoners in 2019 and to date in 2022; the details of the outcomes upheld, not upheld, not proven, terminated, incomplete or withdrawn; the length of time it took to complete and communicate the outcomes of complaints to prisoners by the prison name in the breakdown of categories in which the complaints were filed; and if she will make a statement on the matter. [61032/22]

View answer

Catherine Murphy

Question:

502. Deputy Catherine Murphy asked the Minister for Justice the number of complaints made by prisoners in 2019 and to date in 2022; the details of the outcomes upheld, not upheld, not proven, terminated, incomplete or withdrawn; and the length of time that it took to complete and communicate the outcomes of complaints to prisoners [61033/22]

View answer

Written answers

I propose to take Questions Nos. 501 and 502 together.

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

Question No. 502 answered with Question No. 501.

Departmental Data

Questions (503)

Catherine Murphy

Question:

503. Deputy Catherine Murphy asked the Minister for Justice the number of complaints made by prisoner officers against prisoners and persons on remand in 2019 and to date in 2022; the details of the outcomes upheld, not upheld, not proven, terminated, incomplete or withdrawn; and the length of time that it took to complete and communicate the outcomes of complaints to prisoner officers. [61034/22]

View answer

Written answers

I am advised by my officials in the Irish Prison Service that there is no formal complaints mechanism for a prison officer to make a complaint against a prisoner. If a prisoner is found to be in breach of the Prison Rules, an officer can refer the prisoner to the disciplinary system in place under the Prisons Act, 2007 known as the P19 system.  This system allows Governors to impose sanctions where a breach of the rules has been proven to take place.

Such sanction(s) are normally in the format of loss of certain privileges such as reduced phone calls, reduced visits, prohibition on the use of the gym, prohibition on use of the tuck shop etc., for defined periods of time. At the higher end of the scale, Governors can also reduce remission, which in effect lengthens the period of time a prisoner is required to remain in prison.

The table below sets out the number of P19 disciplinary reports issued from January 2020 to June 2022.

Description

2020

2021

2022

(end of June)

Number of P19 disciplinary reports   issued

8,746

8,353

4344

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