Written Answers Nos. 41-60
41. Deputy Bríd Smith asked the Minister for Justice if he can clarify, in cases where a Border Management Unit decides to refuse permission to an intending visitor to this State, and the visitor has all the appropriate documentation for such a visit, what rights to appeal or to question such decisions exists; how such refusals are recorded and documented; and if he will make a statement on the matter. [17653/23]
View answerThe Border Management Unit of my Department performs an essential service in preventing illegal immigration and maintaining the security of our borders. Very properly, the exercise of powers in this area is at all times subject to the law and to respect for individual rights, as well as for the dignity of each individual passenger. BMU officers receive extensive training and operate within an appropriate supervisory and management structure.
Under Section 4 of the Immigration Act 2004, an immigration officer must determine whether a non-EEA national should be granted leave to land and thus gain entry to the State. In performing their duties, an officer is required to consider all of the circumstances of the individual at the time of entry. Section 4(3) of that Act sets out the full range of grounds on which a passenger may be refused. These include instances where the person presents documentation, but where, for example, the officer concludes that the purpose of the person's visit is not that stated by them.
In the overwhelming majority of instances - 99.94% in 2022 - travellers who enter the State are granted leave to land. In the small minority of cases where a person may be refused leave, they are provided with a notice informing them of the lawful reason(s) for the refusal. A refusal stamp is placed in the passport of the person refused leave to land and a record is maintained of the reasons behind the decision to refuse leave to land to the person concerned.
All refusals are first considered by the officer and is always signed off by a more senior officer. There is no appeal process, and a person will typically be returned to their airport of departure at the earliest possible opportunity. I would note, however, that a refusal of leave to land, unlike a deportation or a removal order, is specific to the arrival instance and does not preclude the person from seeking to enter the State in the future if they subsequently satisfy the conditions for entry.
Finally, and as I am sure the Deputy is aware, if a person indicates or is identified as being in need of international protection they are admitted to the international protection process in line with our international human rights and legal obligations, and notwithstanding any determination on leave to land.
48. Deputy Peadar Tóibín asked the Minister for Justice if his attention has been drawn to the fact that there has been a 345% increase in those leaving An Garda Síochána since 2016; and if he will make a statement on the matter. [17712/23]
View answerAs the Deputy will appreciate the Garda Commissioner is operationally responsible for the management and administration of An Garda Síochána including HR matters.
However, I can assure the Deputy that Government is committed to ensuring An Garda Síochána have the resources they need to perform their vital role in the community.
It is important to emphasise that, of the over 14,000 sworn members currently working in the Garda organisation, just over 100 resigned last year – this represents less than 1% of total Garda members. Any increase in the number of resignations should be viewed in this context.
I was pleased to note the Garda Síochána Culture Audit 2022 found that job satisfaction was high among Garda personnel. The independently conducted survey reflected that Garda members are proud of An Garda Síochána are motivated to serve communities and protect people from harm.
The Commissioner has acknowledged however that, while there are many positives within the service, it is clear that the organisation has more work to do to give its people the support and tools they need to do their jobs efficiently and effectively, to ensure people feel they are treated fairly, and they are being supported in their very challenging and pressurised work.
I understand that a number of initiatives to improve morale in the work place have been put in place in recent years along with a suite of measures to support the mental health needs of the employees.
These include the Employee Assistance Service (available to all Garda members, staff, retired members and their families); a 24/7/365 telephone helpline and counselling service provided by Inspire Wellbeing; and a Peer Support Network.
49. Deputy Paul McAuliffe asked the Minister for Justice his plans to establish a dedicated public transport section of An Garda Síochána; and if he will make a statement on the matter. [18115/23]
View answerThe safety and security of both public transport passengers and staff, including arrangements to deal with anti-social behaviour, are important matters that must be managed by every public transport company, in conjunction with An Garda Síochána where appropriate.
We can all agree that any acts of violence and anti-social behaviour are completely unacceptable. I want to make it very clear that criminality on public transport will not be tolerated.
As the Deputy will be aware, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including all operational policing decisions. As Minister, I have no role in these independent functions and am unable to direct the Commissioner in regards to the deployment of Garda resources.
The Commissioner is on record as stating that he does not propose to establish a dedicated transport policing unit, as he is of the view that the policing needs of public transport can be met through community policing, and I wish to reiterate that view today. The Commissioner is best placed to determine the most appropriate response to concerns in relation to personal safety on public transport and to decide how to allocate the resources at his disposal to best effect.
I am advised that a range of regional and local operations have been put in place by Gardaí to prevent and detect criminal activity on public transport. For example, Operation Saul is implemented across the Dublin Region with the aim of keeping people safe on public transport services. The operation is undertaken as a proactive response and is informed by analysis of crime and anti-social behaviour trends, supported by Garda analysts.
I am informed that there is ongoing communication between An Garda Síochána and the respective control centres, and access to good quality CCTV can provide assistance to Gardaí when investigating serious incidents.
I am further informed that Garda dispatch staff have relocated to a floor of the National Train Control Centre building in Heuston Station since mid-November 2022, which will help to further strengthen the links between Gardaí and public transport operators.
50. Deputy Denis Naughten asked the Minister for Justice the steps that are being taken to address delays in processing probate applications; and if he will make a statement on the matter. [16891/23]
View answerAs 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, and these office holders are also independent in carrying out their functions.
I can, however, assure the Deputy that every effort is made by the Courts Service to ensure that probate services are adequately supported with staff, training and other resources and that the public are assisted in dealing with what can be a complex and sensitive matter.
The law in this field is also kept under ongoing review and I am pleased to say that last November, the Government approved a number of key amendments to the Courts and Civil Law (Miscellaneous Provisions) Bill which were introduced at Dáil Committee Stage. These included 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. The Bill will complete the legislative process this summer.
I would also draw the attention of the Deputy to the work underway on the part of the Courts Service to implement a 10-year programme of modernisation of the Courts system. An eProbate project has been identified as part of the civil law modernisation workstream of this programme and an initial budget has recently been allocated to the Courts Service to facilitate the commencement of the project in the second quarter of 2023.
It is envisaged that this project, which it is hoped will be delivered next year, will include a single point of contact for all applications for Probate in the State. The introduction of this improved system is intended to lead to a faster and more efficient process time.
The Deputy may be aware that one of the main reasons for delays is the number of invalid applications received in the Probate Office. It is intended that as part of the development of the new system, the application process will be simplified for users and there will be reduced opportunities for errors, thereby speeding up the process. In addition, 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 the public.
52. Deputy Mark Ward asked the Minister for Justice the funding allocated to the prison service for mental health supports for both staff and the prison population; for an update on the prison service’s initiative to capture information on mental health and addiction of individuals within prison services; if initiatives for increased care will be considered; and if he will make a statement on the matter. [18009/23]
View answerI can advise the Deputy that the HSE / National Forensic Mental Health Service provides in-reach psychiatric services to the Irish Prison Service. This direct service includes dedicated Clinical Forensic Consultants, Community Forensic Mental Health Nurses, Social Workers and administrative staff. In 2022, the cost associated with this service was €1.9 million and I am informed that the costs will be of a similar order in 2023.
Under Budget 2022, the Prison Service was allocated €850,000 specifically to improve mental health services in prisons, including by increasing psychologist resources across the prison estate.
The role organisations like the Red Cross and Merchants Quay Ireland have within our prisons should also be noted.
Merchants Quay are engaged by the Prison Service to provide a prison-based addiction counselling service while the Red Cross works with prisoners through a range of programmes including in relation to in community based health and first aid, peer support and conflict resolution.
The Prison Service also proactively works with stakeholders to research and improve mental health services for those in custody.
They are members of the HSE Group tasked with the implementation of the Department of Health Policy ‘Sharing the Vision’.
In addition, the Prison Service was a key stakeholder in the High Level Mental Health Task force which was formed to consider the mental health and addiction challenges of those who interact with the criminal justice system.
The Irish Prison Service also recognises the challenging role performed by staff and acknowledges the potential impact it can have on mental health and wellbeing. In this regard, a number of supports are available to staff including -
• the Employee Assistance Programme;
• a Critical Incident Stress Management model of interventions;
• confidential counselling provided 24/7/365 through Inspire Workplaces; and
• a free wellbeing & mental health support text service for staff funded by the HSE.
The IPS has also developed a mental-health awareness training programme which is delivered to all staff and is now developing a standard mental health awareness programme for all those in custody, to be delivered as part of the Red Cross programme in all prisons later this year.
Further to this, all people in custody in closed prison have access to the Samaritans Listening Scheme.
In addition, the Prison Service was the first employer to enrol for the Amber Flag initiative with Pieta House and initiatives to promote positive mental health are being co-ordinated by voluntary committees across the country’s prisons.
53. Deputy Holly Cairns asked the Minister for Justice the steps he is taking in response to the Joint Committee on Justice Report on Women’s Shelters and Domestic Abuse Refuges recommendation that ‘the commissioning of a comprehensive strategy for move-on or long-term accommodation for victims of domestic abuse needs to be developed and incorporated into future national housing strategies, this should include wraparound services including the provision of safe and transitional housing, emergency crisis housing, therapeutic supports, legal supports and welfare support'. [17926/23]
View answerAs the Deputy will be aware, in June of last year Government launched Zero Tolerance, the Third National Strategy on Domestic, Sexual and Gender-Based Violence.
In line with the priority which we are attaching to tackling domestic, sexual and gender based violence, we will double the number of refuge spaces over the lifetime of the strategy, bringing it to 280. This will be the fastest ever expansion of refuge spaces.
An interdepartmental group is developing and progressing agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way.
In addition, Safe Homes - another form of emergency domestic violence accommodation, are an important part of the response.
Safe Homes are usually provided as a separate unit of accommodation, for example a flat or a house, at a community or local level.
It generally suits those at low to medium risk of serious harm. We expect to increase the number of Safe Homes by 15 this year.
As the Deputy is aware this Zero Tolerance Strategy is a whole of Government Strategy with actions assigned to various departments and agencies, including the Department of Housing who are working very closely with Tusla and with my Department to address the housing needs of victims of domestic violence.
Insofar as the question of longer-term and step-down facilities is concerned, the new DSGBV Agency which will be established in January 2024, working with Department of Housing, will review the pathways into this type of non-emergency accommodation. I expect this will be reflected in future national housing strategies, which come under the remit of my colleague the Minister for Housing.
54. Deputy Robert Troy asked the Minister for Justice the number of people who presented at Irish airports without a valid passport during each consecutive month since Covid restrictions were lifted; to outline the procedure in place to deal with such persons; and if such persons arrived from a country covered under the Dublin convention, as well as the number of people denied entry into Ireland under the Dublin convention since Covid restrictions were lifted. [18013/23]
View answerIf a person does not produce a valid passport, or other equivalent document, an Immigration Officer may refuse the person leave to land in accordance with Section 4 of the Immigration Act 2004.
When a person is refused leave to land at an airport, the priority is to return them on the next available return flight to the last point of embarkation. If a person indicates or is identified as being in need of international protection they are admitted to the international protection process.
I will forward to the Deputy a Table setting out the statistics sought by him. In general terms he may wish to note that the number of passengers who arrived without valid documentation and were subsequently refused leave to land in 2022 was 4,968. These figures are available in relation to Dublin Airport only.
Insofar as the Dublin Regulation is concerned, this Regulation provides a mechanism intended to determine which EU Member State is responsible for examining an international protection application. It does not determine whether a person should be refused leave to land at the border of the State, nor does it empower a Member State to return a person who has sought asylum to their airport of embarkation for the purposes of having their protection application considered by the authorities of that jurisdiction.
Consideration as to the the application of the Dublin Regulation is instead carried out within the International Protection Office once a person has sought protection and persons whose case has been determined under the Regulation are entitled to a full appeal of that determination to the International Protection Appeals Tribunal. In practice, and in keeping with the experience of all Member States, effecting transfers under the Regulation is challenging, and reforming these arrangements therefore forms a key part of the ongoing discussions at EU level with respect to agreeing a new Migration and Asylum Pact.
55. Deputy Alan Dillon asked the Minister for Justice the plans for adequate resourcing of frontline gardaí in the context of the recent upsurge in criminal offences such as burglaries and assaults; and if he will make a statement on the matter. [18060/23]
View answerI am sure the Deputy will agree that the public is immensely grateful to An Garda Síochána for their outstanding dedication and commitment and for the important role that they play in our society. I am pleased to note the consistently high levels of public trust recorded in our Gardaí.
The unprecedented funding of over €2.24 billion to An Garda Síochána in 2023 demonstrates the Government’s commitment to ensuring Gardaí have the equipment, technology, facilities, fleet and personnel they need to carry out their vital work.
The funding includes a capital allocation of €183 million which is primarily comprised of €100 million for much needed Garda ICT, €50 million for the capital building and refurbishment programme, €10 million for transport and funding for the replacement helicopter and fixed wing aircraft.
I am pleased that the funding for 2023 provides for recruitment of a further 1,000 and an additional 400 Garda staff to free up more Gardaí for front-line duties.
The organisation’s capacity will be further strengthened by the recruitment of additional Garda staff, including to specialist roles, to support the investigation of crime and enhance the management of An Garda Síochána.
This year we see €6 million available for new ballistic vests to protect our front-line Gardaí and €3 million to support the introduction of body worn cameras.
There will also be €5.5 million for Garda operational expenditure including provision for new mobile devices, equipment for a range of Garda specialist units as well as, importantly, ongoing training in regard to priority areas, including tackling sexual, domestic and gender-based violence.
Coupled with further reassignments of Gardaí to operational frontline policing and the continued roll out of the new Operating Model with its core focus on community policing, I am confident that the Commissioner has the resources and plans in place to continue to deliver on An Garda Síochána's mission of Keeping People Safe.
56. Deputy Aindrias Moynihan asked the Minister for Justice the up-to-date position on plans to impose conditions on firearm certificate holders, and his level of consultation with stakeholders on these proposals; and if he will make a statement on the matter. [18080/23]
View answerI can advise the Deputy that I established the Firearms Expert Committee (FEC) on a non-statutory basis, with representation from stakeholders, my Department and An Garda Síochána.
The purpose of the FEC was to serve in an advisory capacity to me as Minister, providing guidance on a wide range of matters related to firearms licensing in the State.
In line with its comprehensive terms of reference, which were made publicly available, the FEC was tasked with making recommendations on a range of firearms matters for my subsequent consideration.
The final meeting of the FEC took place last month, and I have received their final reports, which I published on Friday, 31 March 2023 on Gov.ie.
I have emphasised throughout the process that any proposed changes to policy or legislation arising from any of the recommendations by the FEC will be subject to prior consultation with firearms stakeholders.
To that end, an online consultation platform is now being developed. Details of the consultation process will be finalised and publicised as soon as possible, and I will be encouraging as many people and organisations as possible to engage in this consultative process.
57. Deputy Peadar Tóibín asked the Minister for Justice the steps his Department is taking to address the retention crisis in An Garda Síochána.; and if he will make a statement on the matter. [17713/23]
View answerAs the Deputy will appreciate the Garda Commissioner is operationally responsible for the management and administration of An Garda Síochána including HR matters.
However, I can assure the Deputy that Government is committed to ensuring An Garda Síochána have the resources they need to perform their vital role in the community.
It is important to emphasise that, of the over 14,000 sworn members currently working in the Garda organisation, just over 100 resigned last year – this represents less than 1% of total Garda members. Any increase in the number of resignations should be viewed in this context.
I was pleased to note the Garda Síochána Culture Audit 2022 found that job satisfaction was high among Garda personnel. The independently conducted survey reflected that Garda members are proud of An Garda Síochána are motivated to serve communities and protect people from harm.
The Commissioner has acknowledged however that, while there are many positives within the service, it is clear that the organisation has more work to do to give its people the support and tools they need to do their jobs efficiently and effectively, to ensure people feel they are treated fairly, and they are being supported in their very challenging and pressurised work.
I understand that a number of initiatives to improve morale in the work place have been put in place in recent years along with a suite of measures to support the mental health needs of the employees.
These include the Employee Assistance Service (available to all Garda members, staff, retired members and their families); a 24/7/365 telephone helpline and counselling service provided by Inspire Wellbeing; and a Peer Support Network.
58. Deputy Marc Ó Cathasaigh asked the Minister for Justice further to Parliamentary Question No. 69 of 6 December 2022, his Department's policy position in relation to the number of registrars that should be employed across the State, recognising the importance of the position of the County Registrar both in expediting the functioning of our courts system and in safeguarding the democratic legitimacy of our elections process; and if he will make a statement on the matter. [17854/23]
View answerUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions.
The Courts Service Act 1998 sets out the nature of the relationship between the Courts Service and the County Registrar. The post of County Registrar is a statutory officer appointed by the Government, with a number of different roles, including under-sheriff and returning officer functions. When such posts become vacant, arrangements are made with the Courts Service and the Public Appointments Service to run an open recruitment competition to identify suitable persons for recommendation to Government for appointment.
The legislation governing the appointment of County Registrars provides for up to twenty-six County Registrars, each assigned to a County. Following an expenditure review conducted across the public service in 2009, the number of serving County Registrars was reduced on a phased basis to 16. This reduction was made possible by reorganising the work of the courts including the establishment of combined court offices, which encompassed the transfer of management functions previously exercised by County Registrars to Courts Service management personnel. In 2017, an additional County Registrar position was created for Counties Meath and Westmeath which brought the number of serving County Registrars to 17.
I can advise the Deputy that there are currently 14 serving county registrars, with 3 vacancies currently outstanding in Louth, Mayo/Roscommon and Waterford respectively. The competitions for Louth and Mayo/Roscommon are now complete and the usual clearance procedures are ongoing. The competition for the Waterford is in the planning phase and will be advertised as soon as possible.
Further information on such competitions is available on the public jobs website (www.publicjobs.ie).
59. Deputy Bríd Smith asked the Minister for Justice if he can clarify the procedure in relation to decisions by the Border Management Unit to refuse permission to board for visitors intending to come into the State, specifically if the Garda National Immigration Bureau keeps a record of such refusals; the reason for such refusals; and if he will detail the number of such refusals in the last year. [17652/23]
View answerThe Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
The Border Management Unit and the GNIB work closely with airlines on a range of measures to ensure that passengers possess correct documentation when boarding flights abroad. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
I can confirm that on occasion an airline may contact the BMU to seek advice regarding the admissibility of a passenger, regardless of their nationality, seeking to enter the State. There is also general information available in the public domain and on request as to standard entry requirements for various purposes. While the BMU will provide guidance on whether a passenger is likely to be admitted to the State, the final decision to board a passenger is a decision of that carrier, and there is no requirement that a carrier contact the Irish authorities before coming to such a decision.
Any passenger not boarded abroad has not been refused entry to the State and therefore is not classified as a refusal of leave to land. As a result, BMU do not hold a record of persons refused permission to board abroad, nor would it be practical, purposeful, or within BMU's functions to require each carrier to retain and collate such details.
Records are of course available in respect of decisions taken to refuse leave to land upon arrival in the State and I can forward these to the Deputy if that would be of assistance. The number of such refusals annually is tiny when set against the overall number of arrivals into the State.
60. Deputy Robert Troy asked the Minister for Justice the actions that he has taken to deal with the prolonged delays in the probate office; and if he will make a statement on the matter. [18014/23]
View answerAs 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, and these office holders are also independent in carrying out their functions.
I can, however, assure the Deputy that every effort is made by the Courts Service to ensure that probate services are adequately supported with staff, training and other resources and that the public are assisted in dealing with what can be a complex and sensitive matter.
The law in this field is also kept under ongoing review and I am pleased to say that last November, the Government approved a number of key amendments to the Courts and Civil Law (Miscellaneous Provisions) Bill which were introduced at Dáil Committee Stage. These included 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. The Bill will complete the legislative process this summer.
I would also draw the attention of the Deputy to the work underway on the part of the Courts Service to implement a 10-year programme of modernisation of the Courts system. An eProbate project has been identified as part of the civil law modernisation workstream of this programme and an initial budget has recently been allocated to the Courts Service to facilitate the commencement of the project in the second quarter of 2023.
It is envisaged that this project, which it is hoped will be delivered next year, will include a single point of contact for all applications for Probate in the State. The introduction of this improved system is intended to lead to a faster and more efficient process time.
The Deputy may be aware that one of the main reasons for delays is the number of invalid applications received in the Probate Office. It is intended that as part of the development of the new system, the application process will be simplified for users and there will be reduced opportunities for errors, thereby speeding up the process. In addition, 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 the public.
