Written Answers Nos. 579-594
579. Deputy Ged Nash asked the Minister for Justice the timeline for the completion of all stages of the Gambling Regulation Bill 2022; when he expects the Bill to be enacted; when the key reforms contained in the legislation are expected to be commenced; and if he will make a statement on the matter. [15083/23]
View answerThe Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being. The legislative reform will cover gambling online and in person, and include powers to regulate advertising, gambling websites and apps.
As the Deputy will be aware, the Gambling Regulation Bill 2022 was approved by Government on the 15th November 2022. The Bill sets out the framework and legislative basis for the establishment of a new, independent statutory body – the Gambling Regulatory Authority of Ireland - and for a robust regulatory and licensing regime for the gambling sector. The Bill completed Second Stage in the Dáil on Tuesday, 6th December 2022. The Bill is being further developed in preparation for Committee Stage, which is expected to take place in the coming months.
The Bill, once enacted, will provide the Authority with the necessary enforcement powers for licensing and enable it to take appropriate and focused action where providers are failing to comply with the provisions of this bill and with the Authority’s licensing terms, conditions and regulations.
A key focus of the Bill is to protect children from the harms associated with gambling by making it unlawful for any gambling service provider to permit a child to participate in gambling. The Bill will also include restrictions on advertising aimed at children and on sponsorship by gambling service providers of activities or organisations involving children.
A Programme Board has been established in my Department to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority is in a position to commence operations, on a phased basis, as soon as possible after enactment. Planning is progressing in the expectation that the legislation will be enacted in 2023.
In this regard, I am pleased to say that the CEO Designate of the Gambling Regulatory was appointed last September and she is progressing this preparatory work.
580. Deputy Matt Carthy asked the Minister for Justice the number of dog attacks on livestock reported to An Garda Síochána in each of the years 2016 to date, by county or similar geographic unit; and if he will make a statement on the matter. [15121/23]
View answerAs the Deputy will appreciate, the Local Authorities are responsible for reporting figures relating to the Control of Dogs Acts to the Department of Rural and Community Development (DCRD).
These statistics, which include incidents of reported livestock worrying by Local Authority, can be accessed at the following link:
www.gov.ie/en/collection/879d4c-dog-control-statistics/
It is my understanding that DRCD advised the Joint Committee on Agriculture, Food and the Marine in February that figures for 2022 are being compiled and will be published later this year.
The Garda Commissioner is responsible for the management and administration of Garda business by law, which includes the management of the Garda PULSE system. As Minister I have no role in these independent functions.
To be of assistance to the Deputy I have contacted the Garda authorities and have been advised that the below table shows the number of incidents of 'Dog Offences' recorded on PULSE where the incident narrative indicated that livestock was attacked during the incident.
It should be noted that these figures are operational and subject to change. Figures less than 10 are not reported for data protection reasons. Figures for 2023 are up to and including 26 March 2023.
|
Region |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Dublin Region |
** |
** |
** |
11 |
** |
11 |
** |
** |
|
Eastern Region |
86 |
112 |
120 |
98 |
60 |
74 |
76 |
18 |
|
North Western Region |
123 |
117 |
117 |
85 |
59 |
67 |
66 |
24 |
|
Southern Region |
42 |
37 |
49 |
41 |
42 |
27 |
36 |
14 |
581. Deputy Mary Lou McDonald asked the Minister for Justice the reason he has not included a national action plan to address female genital mutilation in the Third Strategy on Domestic, Sexual and Gender-Based Violence, as called for by the National Steering Committee on FGM. [15213/23]
View answerThis Government is committed to combatting all forms of domestic sexual and gender-based violence (DSGBV) and to supporting those who are victims of these terrible crimes. Our whole of Government third national strategy specifically and rightly recognises female genital mutilation (FGM) as a form of DSGBV and contains actions to enhance our response to it.
As the Deputy is no doubt aware, our response to FGM is primarily a health-led response and in September 2012 the then Minister for Health signed the commencement order for the Criminal Justice (Female Genital Mutilation) Act 2012. As the long-title of the Act explains, this important piece of legislation creates an offence of female genital mutilation and provides for other offences related to female genital mutilation for the better protection of girls and women.
I have been informed by my colleague the Minister for Health, that the Health Service Executive's National Social Inclusion Office plays a key role in responding to the health needs of service users from marginalised communities, including those from diverse ethnic, cultural and religious communities. Ireland has two national strategies that outline actions to ensure the healthcare provided is effective, easily accessed and culturally competent.
The Second National Intercultural Health Strategy commits to providing training to increase the knowledge and competence of healthcare providers, in relation to appropriate care and protection for FGM survivors and women and girls at risk nationwide. It also outlines how Ireland should provide appropriate support to survivors of FGM, including counselling and access to specialised health services.
The Third National DSGBV Strategy recognises the need to ensure that all actions aimed at preventing DSGBV, protecting victims, improving prosecutions and coordinating polices should be advanced using an intersectional approach. This will allow for a more holistic understanding of an individual and their positioning in societal hierarchies that seeks to ease binary understandings and account for the complexities of life, especially regarding the needs of more excluded identity groups (that include Travellers, other ethnic minorities, migrants, individuals with disabilities, members of the LGBTQ+ communities and others). An intersectional approach to DSGBV recognises that DSGBV is a problem that requires consideration of all parts of an individual’s identity to ensure equality of outcome for all.
The Strategy commits to put in place special health support services required by victims/survivors of FGM. To fulfil this action, our health service will commence a mapping exercise of current service provision with a view to identifying gaps in the current provision to victims/survivors of FGM. This mapping will include consultation with relevant community support organisations and will include looking at the needs assessment of staff.
Both statutory services and community and voluntary services currently provide support for victims of FGM, this includes care planning, specialised medical care and counselling and sexual and reproductive health outreach.
In addition, under the Strategy there are a number of actions focused at raising public awareness of DSGBV with a view to prevention and with a view to signposting victims and potential victims to help and support. All such campaigns will include a focus on reaching marginalised and harder to reach communities.
582. Deputy Patrick Costello asked the Minister for Justice if his Department will carry out a full review of justice systems sentencing, particularly in relation to minimum sentences for domestic violence and sexual abuse cases; and if he will make a statement on the matter. [15232/23]
View answerGovernment is committed to combatting all forms of domestic, sexual and gender-based violence. This includes both supporting those who are victims of these terrible crimes and having in place the most appropriate legislative provisions so as to hold perpetrators to account.
When it comes to cases of sexual assault, the most serious offence, rape, carries a sentence of up to life in prison. Information from the Court Service show that in 2021 – the most recent year that statistics have been completed for – there were 110 sentences of more than 10 years handed down for rape convictions, and 51 sentences of more than 10 years for sexual offences convictions.
In cases of domestic violence, Section 40 of the Domestic Violence Act 2018 provides that where offences involving physical or sexual violence are committed in the context of a marriage, civil partnership or an intimate and committed relationship, that fact shall be an aggravating factor at sentencing.
I can assure the Deputy that I am committed to further strengthening our law in this area, including by introducing standalone offences of stalking and non-fatal strangulation. While both are already offences under Irish law, the introduction of new standalone offences will, I hope, encourage more victims to come forward and seek the justice they deserve.
In addition, I am doubling the maximum sentence for assault causing harm – one of the most common crimes committed in domestic violence incidents.
The introduction of these new measures forms part of the Government’s zero tolerance approach to domestic, sexual and gender based violence, and is a key action in the Third National Strategy.
As the Deputy will be aware, the standard approach with regard to sentencing provisions in criminal legislation is for the Oireachtas to specify the criminal offence concerned and the maximum penalty that may be imposed on persons found guilty of the offence.
It is then a matter for the sentencing Judge to consider the penalty that should be administered in individual cases, having regard to all of the facts and circumstances involved.
The court is required to impose a sentence which is proportionate not only to the crime but also to the individual offender; in that process, identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.
This is consistent with Article 34 of the Constitution, which provides for the administration of justice by the Courts.
An exception to this principle applies in the case of section 2 of the Criminal Justice Act 1990, which provides for a mandatory sentence of life imprisonment for a person convicted of treason or murder.
When it comes to setting mandatory minimum sentences for other offences, I wish to advise the Deputy that, in accordance with Section 29 of the Judicial Council Act 2019, my Department has commenced a review of minimum sentences for offences and I hope to be in a position to provide this to the Oireachtas soon.
As regards sentencing more generally, the Judicial Council has established a Sentencing Guidelines and Information Committee. Further information on the Judicial Council and its Committees is available on the Council’s website at www.judicialcouncil.ie.
Neither I nor the Department has any involvement in the work of the Judicial Council or its Committees.
583. Deputy Michael Lowry asked the Minister for Justice further to Parliamentary Question No. 1081 of 21 March 2023, if he will review the email address which was provided in his response; the reason the address (details supplied) is not listed in his Department's domino directory; and if he will make a statement on the matter. [15233/23]
View answerI can inform the Deputy that there was an oversight in the Peace Commissioners email address provided in the reply to Parliamentary Question No. 1081 of 21 March 2023, in that it included an erroneous 's'. I can now confirm the correct email address is peacecommissioner@justice.ie
My apologies to the Deputy for the oversight.
584. Deputy Holly Cairns asked the Minister for Justice if he will engage with a trade union (details supplied) concerning proposed changes to workers status under the Policing, Security and Community Safety Bill 2023; and if he will make a statement on the matter. [15251/23]
View answerThe Policing, Security and Community Safety Bill was formally published in January 2023 and is based on the recommendations of the Commission on the Future of Policing in Ireland (CoFPI) report. The Bill completed second stage in the Dáil on 23 March 2023 and has been referred to the Select Committee on Justice.
As the Deputy may be aware, the report of the Commission recommended that Garda staff be recruited directly to An Garda Síochána, rather than the Civil Service. A central tenet of the recommendations was that An Garda Síochána should be seen and treated as a single organisation with a single workforce who share a common mission. It found that more integrated workforce structures were required to fully leverage the different skills and perspectives of Garda members and Garda staff and thereby contribute to enhancing the capacity of the organisation to deliver better policing outcomes for the public.
I acknowledge the concerns of current Garda staff regarding the proposals in this Bill. These concerns were also outlined to me in the Dáil by a number of Deputies during the second stage debate of the Bill. I want to reassure existing Garda staff that there will be no changes to their terms and conditions, including their status as civil servants of the Government, when the Bill is commenced.
Any such change can only take place on foot of further detailed engagement with the recognised trade unions concerned, namely Fórsa and AHCPS, through the normal industrial relations structures. My Department has already met with Fórsa in relation to their members’ concerns and I can confirm to the Deputy that these discussions will continue.
585. Deputy Catherine Murphy asked the Minister for Justice the amount paid in total by the Legal Aid Board to solicitors in respect of their assignment to a client in 2021, 2022 and to date in 2023. [15301/23]
View answer586. Deputy Catherine Murphy asked the Minister for Justice the procedure that is in place for persons that wish to change the solicitor assigned to them by the Legal Aid Board; the number of complaints made on an annual basis to the Legal Aid Board in respect of solicitors by clients in 2021, 2022 and to date in 2023. [15302/23]
View answer587. Deputy Catherine Murphy asked the Minister for Justice if he will set out the way in which a solicitor is assigned to a client in the Legal Aid Board. [15303/23]
View answer588. Deputy Catherine Murphy asked the Minister for Justice if he will provide a schedule of the number of solicitors that are barred from providing services to the Legal Aid Board since 1 January 2019 to date in 2023. [15304/23]
View answerI propose to take Questions Nos. 585, 586, 587 and 588 together.
I understand the Deputy has clarified that the question relates to legal aid provided through the Legal Aid Board.
Civil matters concern disputes between party A and party B, or between party A and an organisation. Civil legal aid and advice does not cover when a person has been charged with a criminal offence.
Criminal legal aid is granted by the Courts and concern the prosecution of criminal offences. Funding and administration of criminal legal aid is overseen by the courts.
The Legal Aid Board operates a total of 34 full-time law centres along with a number of part-time centres. It also operates 20 family mediation centres. Eight of the law centres and family mediation offices are co-located.
To be of assistance, I have asked the Legal Aid Board for the information sought by the Deputy.
I have been provided with the information in Table 1 below by the Legal Aid Board setting out the total amounts paid to private practitioners during 2021, 2022, and to date in 2023 by law centres operated by the Legal Aid Board.
I am advised that the amounts include payments to private solicitors to whom civil legal aid cases have been referred at District Court and Circuit Court level, as well as cases relating to International Protection, public law child care matters, and the Abhaile Scheme.
Table 1: Amounts paid to private practitioners by year
|
2021 |
2022 |
2023 (to end of February) |
|
€4,886,967 |
€5,255,297 |
€866,819 |
I am informed by the Legal Aid Board that any person in receipt of legal services may request a change of solicitor by writing to the Board. The Board considers the request and investigates the matter, and that the request is copied to the solicitor concerned for their observations. I am further advised that following consideration of the matter, the Board may agree to a change of solicitor request if resources allow and if the request is reasonable.
I am informed that the Legal Aid Board considers change of solicitor requests to not necessarily be equated with complaints and that such requests can arise for reasons other than on foot of a complaint. For example, in international protection matters, a change of solicitor request may be made if an applicant is relocated to a reception centre that is no longer convenient to the first solicitor’s place of business. Likewise it is possible for complaints to be resolved other than with a change of solicitor. I have been provided with the information in Table 2 below, which sets the number of changes of solicitor requests and complaints received by the Legal Aid Board during 2021, 2022, and to date in 2023.
Table 2: Number of complaints and change of solicitor requests received
|
2021 |
2022 |
2023 Year to date |
|
|
Relating to law centre solicitors |
117 |
106 |
24 |
|
Relating to members of the solicitors panel |
168 |
204 |
73 |
|
Total |
285 |
310 |
97 |
In respect of the allocation of a solicitor, I am advised that the managing solicitor of the law centre dealing with the matter will make a decision to allocate it to a solicitor within the law centre, or to refer the matter to the relevant panel of private solicitors.
If it is decided to refer the matter to a private practitioner, then, except in relation to international protection matters, the applicant is given a copy of the relevant panel. The applicant may then contact any solicitor on the panel who accepts work in that county and ask them if they are available to take on the case.
It should be noted that solicitors on the panel are not obliged to take on any particular legally aided person as a client nor, except in Abhaile and inquest matters, is it guaranteed that any particular matter will be referred to a private practitioner. In relation to international protection matters, cases are allocated to a solicitor on a rota, subject to that solicitor’s availability to take on particular cases.
The Legal Aid Board does not operate a list of solicitors who are “barred” from providing legal aid services. Private practitioners must be members of the relevant panel and accept the terms and conditions of that panel. It is possible that a solicitor may be removed from a panel for a breach of the terms and conditions of that panel. I am advised by the Legal Aid Board that this has not occurred on any occasion in the period since 1 January 2019 to date. Solicitors may be occasionally removed from a panel for administrative reasons, or at their own request. Such solicitors are welcome to re-apply for membership of the panel concerned.
It may be of use to the Deputy to know that the Legal Aid Board can be contacted directly at oireachtas_enq@legalaidboard.ie.
As the Deputy may be aware, the Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional position that legal aid must be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The courts, through the judiciary, are responsible for the granting of legal aid on application by the defence in court. My Department has no influence in the granting of legal aid or in the appointment of solicitors to a case.
Criminal legal services are provided by private solicitors who have notified the relevant Court of their availability to undertake criminal legal aid work. As per Regulation 4 of the Criminal Justice (Legal Aid) Regulations 1965 (S. I. No. 12 of 1965) each County Registrar is required to maintain a list of solicitors who are willing to act in that county for persons to whom certificates for legal aid are granted. Legal aid is awarded based on two criteria; one being whether a person has the means to pay for their defence and the second being the gravity of the charge. There is no set monetary threshold that determines the awarding of legal aid.Table 3 below sets out the amount of criminal legal aid that has been paid out to solicitors in respect of their assignment to a client in 2021, 2022 and up to end of February 2023. Table 3: the amount of criminal legal aid that has been paid out to solicitors in respect of their assignment to a client
|
2021 |
€40,280,587 |
|
2022 |
€41,474,735 |
|
2023 (to end of February) |
€5,642,057 |
In respect of sanctions or complaints against solicitors, that would be a matter for the Law Society and the LSRA (Legal Services Regulatory Authority).
590. Deputy Niall Collins asked the Minister for Justice if he will provide an update on an application (details supplied); and if he will make a statement on the matter. [15333/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
592. Deputy James O'Connor asked the Minister for Justice if he will furnish an update on a person’s (details supplied) citizenship application; and if he will make a statement on the matter. [15367/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
I understand that the Citizenship Division have recently been in correspondence with the person concerned.
The median processing time for applications now currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
593. Deputy Thomas Gould asked the Minister for Justice the proposed timeline for progress of the Sale of Alcohol Bill. [15379/23]
View answerFollowing extensive consultation with representative bodies in the licensed trade, businesses, public health bodies, consumers and communities, the General Scheme of the Sale of Alcohol Bill was published on the 25th of October. It marks the Government’s commitment to the reform and streamlining of licensing laws to support and stimulate the night time economy.
The present system is based on a patchwork of 100 laws - some of which are almost 200 years old and two thirds of which pre-date the foundation of the State 100 years ago.
The extensive General Scheme of the Bill, which runs to approximately 500 pages, proposes to modernise permitted opening hours, in line with the expectations and needs of today’s society and encourage the development of a modern and diverse night-time economy. The General Scheme of the bill also intends to streamline the licensing system and provide for a more transparent, user-friendly application process.
Given the known social and health effects associated with misuse of alcohol, Ireland has, for many decades, operated a restrictive regime for licencing. The General Scheme of the bill retains that approach and will ensure that the sale of alcohol remains closely regulated.
The Joint Oireachtas Committee on Justice recently conducted two pre-legislative scrutiny sessions on the draft legislation, and their report was published on 2 March 2023.
Officials are engaging with the Office of Parliamentary Counsel on the drafting of the Bill, and despite the length of the general scheme, it is hoped that the Bill can be published and introduced into the Oireachtas this year.
594. Deputy Thomas Gould asked the Minister for Justice the consultation his Department undertook with alcohol-related harm advocacy groups and service providers ahead of the publication of the Sale of Alcohol Bill. [15380/23]
View answerFollowing extensive consultation with representative bodies in the licensed trade, businesses, public health bodies, consumers and communities, the General Scheme of the Sale of Alcohol Bill was published on the 25th of October. It marks the Government’s commitment to the reform and streamlining of licensing laws to support and stimulate the night time economy.
On 25 November 2021, Minister McEntee launched a public consultation to seek the views of the public on the modernisation of Ireland’s licencing laws.
The consultation, which ran until 21 January 2022, looked at how best to update the existing laws governing the sale and regulation of alcohol in Ireland. Members of the public, academics, sectoral groups and representative organisations were invited to complete an online survey and/or make a written submission to the Department. There was a high level of response to the consultation, with in excess of 5,000 responses received. Submissions were received from alcohol-related harm advocacy groups as part of the consultation.
The Department reviewed these responses to ensure the reform of the legislation takes account of and is informed by this engagement. A report on the responses received together with a selection of the submissions were published on 7 November 2022.
On 10 March 2022, Minister McEntee also hosted a consultation webinar and panel discussion event on reform of the alcohol licensing laws to give an opportunity for further discussion of the issues of concern to stakeholders.
The Joint Oireachtas Committee on Justice conducted two pre-legislative scrutiny sessions on the draft legislation, the first on 24 January 2023 and the second on January 31 2023. Academics, sectoral groups and representative organisations were invited to contribute to these sessions. Representatives from Alcohol Action Ireland, the Institute of Public Health and the Irish Community Action of Alcohol Network took part in the second of the pre-legislative scrutiny sessions. The Committee published their report on 2 March 2023.
Officials in the Department of Justice also recently met with Alcohol Action Ireland to discuss their concerns and continue to engage with various public and voluntary health bodies.
