Skip to main content
Normal View

Wednesday, 18 Jan 2023

Written Answers Nos. 1107-1126

An Garda Síochána

Questions (1107)

Catherine Murphy

Question:

1107. Deputy Catherine Murphy asked the Minister for Justice if funding will be provided for the replacement of the two dive trucks within the Garda water unit. [1214/23]

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 informed by the Garda authorities that the Garda Water Unit is a national resource based at Santry Garda Station, Dublin Metropolitan Region and Garycastle, Athlone, Co. Westmeath and is under the direction and control of Assistant Commissioner, Organised and Serious Crime and the operational control of Chief Superintendent, Operational Support Services.

The unit provides a full dive and marine capability throughout the State and responds to requests for assistance from within An Garda Síochána and relevant agencies.

I am informed by the Garda authorities that the Unit currently has two dive trucks, one in Santry and one in Athlone.

I am advised by the Garda authorities that in Q2 2022 financial sanction was approved for the purchase of two trucks. I am further advised that a tendering process was subsequently carried out, which is now complete. Both trucks are now in the manufacturing process and are expected to be allocated once this process is completed.

An Garda Síochána

Questions (1108)

Catherine Murphy

Question:

1108. Deputy Catherine Murphy asked the Minister for Justice the number of vetting applications processed by the Garda national vetting unit in 2022; and the average processing time. [1215/23]

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 Garda business.

Under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, the Garda National Vetting Bureau (GNVB) is responsible for the Garda vetting system, and the processing of individual applications. As Minister, I have no role in the operation of the vetting system and related matters.

I am informed by the Garda authorities that GNVB processed 533,644 vetting applications in 2022 and that the average processing time for a vetting application was 7 working days.

An Garda Síochána

Questions (1109)

Catherine Murphy

Question:

1109. Deputy Catherine Murphy asked the Minister for Justice the number of new unmarked Garda cars and vans allocated to the Garda national immigration bureau in 2022; and the number of cars and vans withdrawn from the GNIB during this period. [1217/23]

View answer

Written answers

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 €10m has been allocated for investment in the Garda fleet.

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 role in such matters.

I am however assured that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

I am advised by the Garda authorities that at 31 December 2022 there were 3,312 vehicles attached to the Garda fleet. This represents an increase of over 2% since end December 2021 when there were 3,240 vehicles attached to the Garda fleet.

I am informed by the Garda authorities that at end December 2022 there were 30 vehicles attached to the Garda National immigration Bureau (GNIB), which includes 27 cars, 2 vans and 1 other. The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles. All vehicles attached to GNIB are unmarked.

I am informed that 5 cars were assigned to the GNIB in 2022. I am further informed that no vans were allocated in 2022.

I am advised that 1 car was removed from the Bureau in 2022 and that no vans were removed during this period.

An Garda Síochána

Questions (1110)

Carol Nolan

Question:

1110. Deputy Carol Nolan asked the Minister for Justice when a person may make a claim for compensation under the terms outlined in the Garda Síochána (Compensation) Act 2022; and if he will make a statement on the matter. [1234/23]

View answer

Written answers

The Garda Síochána (Compensation) Act 2021 was enacted on 24 October 2022.

As the Deputy may be aware, this Act provides for a complete overhaul of the current Garda compensation scheme which has been in operation since the 1940s.

The main objective is to reduce the length of time it takes for compensation claims to be dealt with by using the Personal Injuries Assessment Board (PIAB) to assess the claim on an independent and impartial basis rather than having all claims assessed by the High Court as is currently the case.

It is intended that the Act will be commenced in early 2023 at which point the management of the Scheme will transfer from the Department of Justice to the Garda Commissioner.

There is ongoing engagement between my Department and An Garda Síochána to ensure all necessary processes are in place for the transition to the new scheme.

Legislative Programme

Questions (1111)

Paul Kehoe

Question:

1111. Deputy Paul Kehoe asked the Minister for Justice if there is an update as to when the Non-Fatal Offences Against the Person (Stalking) Bill 2021 will be passed; and if he will make a statement on the matter. [1242/23]

View answer

Written answers

The Bill referred to by the Deputy, the Non-Fatal Offences Against the Person (Amendment) (Stalking) Bill 2021, is a Private Member's Bill sponsored by Senators Chambers, Fitzpatrick and McGreehan .

As the Deputy will appreciate once published, a Private Member's Bill becomes the property of the Houses. Its passage and any amendments to the Bill are carried out according to a schedule set down by the Committee or House in which the Bill resides.

As Minister I have no role in these functions and am unable to provide an update on the current status of the Bill in question as a result.

As the Deputy may be aware however, Minister McEntee secured Government approval to draft legislation to make stalking a standalone offence.

The Criminal Justice (Miscellaneous Provisions) Bill, which is currently before the Houses will introduce this new standalone offence for stalking, and will also introduce a new standalone offence of non-fatal strangulation. This will deliver on key commitments contained in the Third National Strategy on Domestic Sexual and Gender-Based Violence, our Zero Tolerance Plan. While both stalking and non-fatal strangulation are already crimes, I am proposing a number of changes to make the law in this area clearer and stronger.These new provisions, will:

- Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence;

- Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution; and

- Strengthen procedural protections for alleged victims of stalking during the court process, and

- Introduce a standalone offence of non-fatal strangulation

The Criminal Justice (Miscellaneous Provisions) Bill passed Dáil Second Stage on 13 October 2022, and Dáil Committee Stage on 8 November. Scheduling of Dáil Report stage is awaited. I can assure the Deputy that I am committed to progressing this important piece of legislation at the earliest possible opportunity.

An Garda Síochána

Questions (1112)

Niall Collins

Question:

1112. Deputy Niall Collins asked the Minister for Justice the status of the review of the security of Members of the Houses of the Oireachtas, which An Taoiseach requested the Garda Commissioner to carry out; the actions that have been carried out as part of this review; when the outcome of the review will be communicated to Members of the Houses of the Oireachtas; and if he will make a statement on the matter. [1352/23]

View answer

Written answers

As the Deputy will appreciate, for good reason it is not the practice to deal publicly with security matters and it would not be appropriate for me to give details of the arrangements that may be put in place in this regard. To do so would be contrary to the public interest.

The personal safety of individuals is a priority, and the arrangements for security operate dynamically on the basis of an ongoing threat assessment and a risk analysis carried out by An Garda Síochána who are the operational experts in these matters. Arrangements in individual cases are subject to review by An Garda Síochána, having regard to the particular circumstances and in consultation with certain office holders. An Garda Síochána has engaged both with office holders and with the Houses of the Oireachtas to ensure appropriate briefing, advice and/or security measures, where necessary, are made available in the interests of personal safety.

More generally, my Department and An Garda Síochána keep all security matters, including the safety and security of public representatives, under constant review.

Question No. 1113 answered with Question No. 1105.
Question No. 1114 answered with Question No. 1105.

An Garda Síochána

Questions (1115)

Aodhán Ó Ríordáin

Question:

1115. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if there has been any review of the Garda vetting system to avoid a situation where the same person is required to go through more than one vetting by different organisations within 12 months to fulfil the criteria for different roles, such as a person qualified and vetted to be a counsellor who has also been required to get a second Garda vetting to continue as a teacher; if there is a possibility of creating a system where a single Garda vetting could be transferred between roles; and if he will make a statement on the matter. [1405/23]

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 responsibility for the Garda vetting system. As Minister, I have no role in such matters.

However, I am advised that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016. This important work needs to be carried out thoroughly and correctly.

I can also advise the Deputy that the Garda Vetting Review Group was established in April 2021, and meets regularly to discuss potential amendments to vetting legislation. This group includes members of the National Vetting Bureau in An Garda Síochána, officials from my Department, from Tusla, and from other relevant stakeholders.

The primary focus of the Group is strengthening the vetting legislation in an effective manner, including any changes which may be possible in relation to multi-purpose vetting or re-vetting. I expect to receive the Group’s report by Easter.

Ukraine War

Questions (1116)

Carol Nolan

Question:

1116. Deputy Carol Nolan asked the Minister for Justice the total number of Ukrainian refugees who have been welcomed to Ireland to date; and if he will make a statement on the matter. [1417/23]

View answer

Written answers

I can advise the Deputy that 70,850 former residents of Ukraine have been granted temporary protection up to 13 January 2023.

As the Deputy will be aware, there is a coordinated whole-of-Government response to provide the necessary supports to people arriving here in accordance with Ireland’s commitments under the EU Temporary Protection Directive.

Ukraine War

Questions (1117)

Carol Nolan

Question:

1117. Deputy Carol Nolan asked the Minister for Justice if he has had interactions with his counterparts in other EU member states and with relevant agencies in relation to Ukrainian refugees who fled to EU states but have since returned to Ukraine; if his attention has been drawn to the estimated number who have returned to Ukraine to date based on those interactions; and if he will make a statement on the matter. [1420/23]

View answer

Written answers

As the Deputy will be aware, the EU Temporary Protection Directive (2001/55/EC) was activated by the EU Council in March 2022 in response to the Russian aggression against Ukraine. The Directive establishes the minimum standards of protection to be provided by Member States in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin.

Since the activation of the Temporary Protection Directive, the EU Commission has played an integral role in coordinating the overall response at an EU level with a number of operational networks designed to support information sharing and the effective implementation of the Directive.

In accordance with the Directive and the guidance issued by the EU Commission, people enjoying temporary protection are entitled to return to Ukraine for short-term visits. In that context, discussions at an EU level have highlighted the challenges with estimating the number of people who have returned to Ukraine more permanently.

I can assure the Deputy that my Government colleagues and I will continue to work with our EU counterparts on any further EU-wide measures that might be needed to assist those fleeing Ukraine.

Question No. 1118 answered with Question No. 1071.

Immigration Policy

Questions (1119)

Michael Creed

Question:

1119. Deputy Michael Creed asked the Minister for Justice if his attention has been drawn to the anomaly which arises for Stamp 3 visa holders, particularly as it applies to the children of critical care workers (details supplied); if he considers it fair that under these Stamp 3 visa restrictions, these children, many of whom are in full-time secondary education, are not allowed to work part-time, and the problems that this will give rise to, given recent proposals to accredit work experience for the Leaving Certificate; if he will outline any changes which he plans in this area; and if he will make a statement on the matter. [1456/23]

View answer

Written answers

My Department has responsibility for immigration-related matters, including the entry and residence conditions of dependants of critical skills employment permit holders. My Department consults and engages with the Department of Enterprise, Trade and Employment who are responsible for labour market policy, and the issuance of employment permits.

As the Deputy will be aware, in March 2019, immigration arrangements for spouses and de facto partners of Critical Skills Employment Permit holders were revised. Under those new arrangements, spouses and de facto partners of Critical Skills Employment Permit holders are no longer required to apply for a Dependent Partner/Spouse Employment Permit (DPSEP) to access the labour market. Instead, upon arrival in the State, and on registration, eligible spouses and de facto partners are granted a Stamp 1G immigration permission, and the right to work. This change reflected a whole-of-government approach and any further changes in this area will require a similar approach.

I will keep the matter under review, in close consultation with my colleague, the Minister for Enterprise, Trade and Employment, and other relevant stakeholders to inform any future policy changes.

Currently any person legally resident in the State is entitled to request a change of their immigration permission. They should write to Immigration services setting out the reasons for the change of permission and provide any supporting documentation. Each case is assed on its individual merits and it is often the case that such requests are granted. Further information is available here: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/.

Ministerial Responsibilities

Questions (1120)

Seán Sherlock

Question:

1120. Deputy Sean Sherlock asked the Minister for Justice the specific delegated functions that have been transferred to Ministers of State appointed in December 2022, in tabular form; and the date of transfer. [1474/23]

View answer

Written answers

Arrangements for the transfer of Ministerial functions, including the delegation of specific functions to the Minister of State James Browne who was reappointed in December, are being put in place and I expect this will be completed in the coming weeks. It is expected that the statutory functions previously delegated to Minister Browne in the legislative areas outlined below will form the basis for the forthcoming delegation.

- Betting Acts 1931 to 2015

- Firearms Acts 1925 to 2009

- Part III of the Firearms and Offensive Weapons Act 1990 (No. 12 of 1990)

- Gaming and Lotteries Acts 1956 to 2019In addition to these statutory functions, Minister Browne had day-to-day responsibility for:

- The management of the legislative programme to transpose EU measures and providing political oversight of the management of infringement proceedings

- The reform of licensing and regulation of gambling in Ireland, including the establishment of a new independent gambling regulatory authority

- Matters relating to Youth Justice which fall under the responsibility of the Department of Justice, including the delivery of a Youth Justice Strategy in conjunction with the Minister of Justice

- The establishment of an antisocial behaviour forum

- Matters relating to the work of the National Rural Safety Forum.

Immigration Policy

Questions (1121)

Pearse Doherty

Question:

1121. Deputy Pearse Doherty asked the Minister for Justice if he will clarify whether it is required for those applying for performance short stay C visas to provide original passport documents; if his attention has been drawn to reports that this was not the case previously, and that the issue is presenting considerable issues for music and arts festivals and so on; and if he will make a statement on the matter. [1483/23]

View answer

Written answers

When applying for any type of visa, including Type "C" Performance Visas, an applicant must submit their current passport, which must be valid for at least 6 months after the date the applicant plans to leave Ireland. The applicant must also submit a photocopy of each page from all previous passports where available.

As part of the application process, the visa office usually retains an applicant's passport for the duration of the application, as the visa office will place the visa sticker in the passport if the application is successful. However, it is open to applicants to request their passport back while they are waiting on the processing of their visa application, if needed.

An Garda Síochána

Questions (1122)

Mary Lou McDonald

Question:

1122. Deputy Mary Lou McDonald asked the Minister for Justice if his attention has been drawn to reports that convictions under the Harassment, Harmful Communications and Related Offences Act 2020 to date have not been deployed to PULSE. [1485/23]

View answer

Written answers

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. As Minister for Justice, I have no role in such matters.

However, in order to be of assistance to the Deputy, I have made enquires and am advised by the Garda authorities that the new incident types and related offences under the Harassment, Harmful Communications and Related Offences Act 2020 have been subject of configuration and are included in the next PULSE codetable update. I understand this will be deployed on 7 February 2023.

Road Traffic Offences

Questions (1123)

Mattie McGrath

Question:

1123. Deputy Mattie McGrath asked the Minister for Justice the breakdown of the fines issued as a result of the vans; the related speed zones within which these fines relate to for example 50km/hour, 80km/hour and 100km/hour zones; and if he will make a statement on the matter. [1496/23]

View answer

Written answers

I have requested the information sought by the Deputy from the Garda authorities, however, 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. 1123 of 18 January 2023 where you sought: “the breakdown of the fines issued as a result of the vans; the related speed zones within which these fines relate to for example 50km/hour, 80km/hour and 100km/hour zones”.
As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
As you will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána. As Minister, I have no direct role in these independent functions.
The table below, furnished to me by the Garda authorities, outlines the yearly breakdown of the Fixed Charge Notices issued for Speeding where the detection arose as a result of a speed van.

Speed Limit (km/h)

2017

2018

2019

2020

2021

2022

50

44064

34295

29097

43732

42649

43780

60

20504

13849

17895

28008

19786

16471

80

19587

14678

14819

18132

20020

17600

100

18171

16372

11436

15930

19426

21084

120

1388

1219

1788

4223

6210

13340

Total

103714

80413

75035

110025

108091

112275

It is worth noting that the figures are based on incidents which occurred from 1 January 2017 to 31 December 2022, inclusive. This information is based upon operational data from the FCPS system as was available on 8 January 2023 and is liable to change.
I hope that this information is of assistance.

Departmental Data

Questions (1124)

Carol Nolan

Question:

1124. Deputy Carol Nolan asked the Minister for Justice the name of the company, organisation or persons contracted to provide media training to him from 1 January 2021 to date; the costs incurred; and if he will make a statement on the matter. [1511/23]

View answer

Written answers

I can inform the Deputy that no company, organisation or persons were contracted by the Department to provide media training to me or any other Minister for Justice during the time period specified.

Immigration Status

Questions (1125)

Bernard Durkan

Question:

1125. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in processing an application in the case of a person (details supplied); if documentation sent to his office on 16 November 2022 has been received and is being processed; and if he will make a statement on the matter. [1527/23]

View answer

Written answers

My Department has no record of having received an immigration application on behalf of the person referred to by the Deputy, based on the details supplied.

If the person referred to is in the State without an immigration permission, they must engage with the authorities if they wish to be permitted to remain here legally. Therefore, I would encourage them to contact the Immigration Service of my Department or their local immigration office and to take all appropriate steps to regularise their status.

An Garda Síochána

Questions (1126)

Claire Kerrane

Question:

1126. Deputy Claire Kerrane asked the Minister for Justice the number of 1250cc and 1500cc motorcycles that are in the Garda fleet as of 9 January 2023; and if he will make a statement on the matter. [1533/23]

View answer

Written answers

The Deputy will be aware that, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána.

Under this legislation, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions and units. As Minister, I have no role in these decisions.

I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

Budget 2023 provides funding of €2.14 billion for An Garda Síochána, of which €10m has been allocated for investment in the Garda fleet.

I am advised by the Garda authorities that, as of 31 December 2022, there were a total of 5 motorcyles of 1250cc and that there were no motorcyles of 1500cc.

Figures provided are operational and are subject to change.

Top
Share