Written Answers Nos. 81-100
81. Deputy David Stanton asked the Minister for Justice to outline the way animal crime is approached under the Rural Safety Plan 2022-2024 published by his Department; and if he will make a statement on the matter. [17486/23]
View answerAs the Deputy may be aware, the Rural Safety Plan is the result of strong collaboration between all the relevant organisations and brings together the excellent work already underway in relation to rural safety. The Plan is not intended to replace, but rather supplement, this work.
The vision of the Rural Safety Plan is for people and communities in rural Ireland to feel safe and be safe in their homes, their places of work, and their local environments.
The Plan identifies 5 main priorities in relation to rural safety, one of which is 'Animal Crime'. As the Deputy may be aware, animal crime includes any activity that goes against legislation protecting animals, wild animals and plant life.
The key objectives under the priority on animal crime are:
• Reduce damage created by uncontrolled dogs on farms and other rural settings.
• Deter illegal practices of lamping, poaching and trespassing.
• Prevent, detect and reduce livestock theft.
• Prevent, detect and reduce incidents of dog theft
The Plan outlines the key actions underway in the priority area of animal crime in an informative and accessible way and also provides useful contacts for partner organisations, groups committed to supporting victims of crime, and organisations that share the Department of Justice’s aim of advancing the safety of our people.
For the Deputy's information the Plan is available at: assets.gov.ie/235118/e99aebbb-cf7d-4509-a177-7c9212eb0bee.pdf#page=null .
82. Deputy Seán Haughey asked the Minister for Justice to outline the next steps for the appointment of additional data commissioners; and to state what their principal focus will be. [18075/23]
View answerThe Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.
The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy. My Department’s role is to ensure that the Data Protection Commission, which is independent in its functions, continues to have the resources required to fulfil its important, statutory obligations.
In line with this commitment, on 27 July 2022, Minister McEntee announced that the Government had approved commencement of the process to appoint two additional Commissioners to support the evolving organisational structure, governance and business needs of the Data Protection Commission.
At the time, Minister McEntee also asked the DPC to undertake a review of governance structures, staffing arrangements and processes. This review is being carried out to support the work to be performed by the new three person Commission model. The review is ongoing.
The appointments referred to are to be made in accordance with Section 15 of the Data Protection Act 2018, which provides for up to three Commissioners to be appointed. Section 15(5) of the Act specifies that the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose. The expectation is that the new commissioners will have the appropriate skills to perform their functions under the Data Protection Act.
The approach to recruitment will be determined in conjunction with the Public Appointments Service in due course, subject to the terms and conditions of the appointments being agreed with the Minister for Public Expenditure NDP Delivery and Reform.
83. Deputy Kathleen Funchion asked the Minister for Justice if he can confirm a breakdown of the person or body who sits on the Carlow Refuge Development Advisory Group, and when he expects their recommendations; the person or body that is the lead organisation to develop the refuge; the person or body that has been identified as potential service providers; if a site has been located and any scoping work undertaken; if the refuge can be delivered in 2024 as previously committed too; if he will confirm when, if not 2024 he expects construction to begin on a Carlow refuge; and if he will make a statement on the matter. [18037/23]
View answerUnder the Third National Strategy on domestic, sexual and gender-based violence we are committed to doubling the number of refuge spaces, bringing it to over 280. This will be the fastest ever expansion of refuge spaces.
In addition, and by putting in place the correct structures to deliver additional refuge accommodation, the Government will accelerate the number of refuge spaces that can be delivered each year.
Tusla is supporting a process to progress development of a refuge for Co Carlow and a group of local stakeholders, associated with the local domestic violence network, has established the Carlow Refuge Development Advisory Group. This is a self-selected group with members opting in. This group is an interim, time-bound structure that has come together to undertake some initial scoping and develop options for appraisal about how best to take forward development of the refuge.
The group has had three meetings to date with further meetings scheduled, and independent consultancy has been engaged to work with the group.
The outcome of the work of the Carlow Refuge Development Advisory Group will inform the next steps and the resulting timeline for the development of a refuge. The timeline will also be determined by various factors including the process of the Capital Assistance Scheme (CAS) for capital developments.
The process for developing refuges will vary from area to area depending on the configuration of local services and agencies. Two key elements are central to progressing with a formal development project:
1. The involvement of a lead organisation with Approved Housing Body (AHB) status, which is a requirement for access to CAS funding through the Department of Housing.
2. An identified service provider organisation and plan for delivery of services in the new refuge, once completed. If there is not an organisation with capability to deliver these services at the outset, then the plan needs to set out how this capacity can be achieved.
In some instances, a domestic violence service provider organisation may have AHB status and be in a position to demonstrate capacity to operate services or a consortium or partnership arrangement may be required to take forward development of the refuge.
A service provider has not yet been identified in County Carlow and this forms an element of the ongoing work.
The development of standardised processes and provision of measures to assist with this are part of ongoing work to support the achievement of additional refuge units into the future.
In March, I published the General Scheme of a Bill to create a statutory agency dedicated to tackling and reducing DSGBV.
One of its key responsibilities will be overseeing and supporting the provision of refuge accommodation for victims to help deliver on the commitments I have outlined.
The establishment of the agency will also ensure that there is permanent structure to help deliver further refuge accommodation over the long term.
84. Deputy Éamon Ó Cuív asked the Minister for Justice the progress made to date by him and his Department in considering the most recent report of the Independent Reporting Commission in relation to paramilitary activity, and the means by which it might be reduced and eliminated; when it is hoped to action the recommendations in the report; and if he will make a statement on the matter. [17284/23]
View answerTo facilitate monitoring of the implementation of measures aimed at ending paramilitary activity in Northern Ireland, the Fresh Start Agreement provided for the establishment by the Irish and UK Governments of the Independent Reporting Commission (IRC). An international agreement between Ireland and the UK establishing the IRC was signed in Dublin on 13 September 2016 and it was given effect to by legislation in both jurisdictions.
The Commission submitted its first Report to the two Governments in 2018 and its most recent report on 7 December, 2022. The Secretary of State for Northern Ireland and I have welcomed the reports.
In its most recent report the IRC have not altered their view that the risks posed to society by the continuing existence of paramilitary groups and structures mean that paramilitarism remains a clear and present danger in Northern Ireland. However, the IRC also report that as a result of Fresh Start, there are now a whole range of actions and initiatives in place that did not exist before and that these are now beginning to have real effect on the ground. There is, however, still work to be done.
The IRC reiterates its view from its previous Reports that the Twin Track Approach remains the key to tackling paramilitarism. This involves progress both through the policing and criminal justice response, and a response to the wider socio-economic factors that exist in the communities where paramilitaries continue to operate. Coupled with this is an intensification of consideration of an additional dimension, namely the undertaking of a process of engagement with the paramilitary groups themselves, aimed at Group Transition and the end goal of disbandment.
The fifth report recommends that the Governments consider appointing an independent person to engage with the groups on transition. This is just one of six new recommendations contained in the fifth report. Three of the remaining recommendations focus on variations on the theme of joined-up collaborative working. The other two recommendations address organised crime legislation in Northern Ireland and the need for continued financial support for efforts to tackle paramilitarism.
The report also points to the steady progress on the actions set out in the Executive Action Plan for Tackling Paramilitary Activity. Reporting on the vast majority of the actions falls to the Tackling Paramilitarism Programme Team located at the Department of Justice of Northern Ireland.
The reports of the Commission and their recommendations are the subject of discussion between the two Governments as part of the regular meetings of the British Irish Intergovernmental Conference. The last such meeting was held on 19 January and the fifth report of the Independent Reporting Commission was considered, including the recommendations on possible mechanisms to progress the transition and disbandment of all remaining paramilitary groups.
The British and Irish Governments continue their joint work to consider this recommendation of the IRC and it will be discussed again at Ministerial level at the next BIIGC.
My Department is committed to continued constructive engagement with the Commission in respect of its work in 2023.
85. Deputy Denis Naughten asked the Minister for Justice the steps he is taking to stop convicted sex offenders from using the EU digital right to be forgotten to erase media reports of their convictions; and if he will make a statement on the matter. [16888/23]
View answerAs the Deputy is aware, the General Data Protection Regulation (GDPR) is an EU Regulation, by which Ireland is bound and the European Court of Justice is responsible for the interpretation of European law, including the GDPR.
The "right to be forgotten" is a data protection right which the Court of Justice of the European Union (CJEU) established in the 2014 “Google Spain” case and was subsequently legislated for in the GDPR. In this ruling, the CJEU established that users can ask search engines to hide certain URLs from search results when a search is conducted using their name and the content on the page the URL points to includes information that is “inadequate, irrelevant or no longer relevant, or excessive.”
It gives people the right to seek the deletion of their data from a site, however, it does not give a guarantee this will be done.
The Court established in the "Google Spain" and subsequent cases, that the right to be forgotten does not apply to information that is relevant to the public interest, including previous convictions for sexual crimes.
I want to be very clear here in saying that the GDPR does not give convicted sex offenders any automatic right to have their previous convictions deleted from search engines.
While it is not open to me, as Minister for Justice, to change the application or interpretation of the GDPR, I understand the Deputy’s concerns and I am determined keep our communities safe.
As the Deputy is aware, the Sex Offenders (Amendment) Act 2023 strengthens our already robust system for monitoring sex offenders. The Act reduces, from 7 to 3 days, the period for sex-offenders to inform Gardaí -
• of their name and address within 3 days of leaving prison;
• of any change to their name or address within 3 days;
• if they are going to be outside the State for more than 3 days;
• if they are returning to the State having been outside it for 3 days;
• if they are at an address in the State for 3 days and that address has not been notified to AGS;
• or every 12 months if they had not notified within the previous 12 months.
The Act also allows for the electronic tagging of offenders and for the Gardaí to disclose information about a sex offender’s previous convictions to a member or members of the public where the offender poses a risk of causing harm.
The law relating to sexual offences is kept constantly under review. Later this year I will publish a the Sexual Offences Bill to provide greater protections and supports to victims of sexual offences and human trafficking, ensuring this important area of law is robust and up to date.
86. Deputy Gino Kenny asked the Minister for Justice if he is aware of long delays at the Immigration Service Delivery, ISD, formerly the Irish Naturalisation and Immigration Service, in response to citizenship applications; that this issue is one of great importance to thousands of individuals and their families and creates real consequential limitations on their lives in Ireland; and if he will make a statement on the matter. [17607/23]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act. Each application is assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
The current backlog is a legacy of the pandemic, where processing times were significantly impacted due to the paper based nature of the current applications and the ability of staff to attend the office, as well as the increasing volumes of new applications being received.
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.
In 2022 there were 13,613 Certificates of Naturalisation issued, including 1,719 in respect of minor applicants. This represents a 39% increase on the number of certificates issued for 2021 (9,780) and demonstrates the Departments commitment to processing applications in a timely manner.
Officials in my Department continue to process applications on hand as quickly as possible, 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.
Processing timescales can be impacted due to incomplete applications having to be returned, further documentation being required from the applicant, or where payment of the required certificate fee is awaited, or the applicant has not been engaging with Citizenship Division of my Department.
To help improve the service, significant reforms have been introduced for customers to streamline the number of proofs required to establish their identity and residency as part of the application process. A new scorecard was introduced to help applicants to complete their applications. Since this initiative went live, a preliminary review of applications received indicates that the quality of the applications has markedly improved.
This builds on other innovative measures introduced in the application process, including the deployment of “Tara” the e-chat bot, as well as e-payments, e-tax clearance and Garda e-vetting, and the removal of the requirement to provide the original passport when making an application, all of which have positively enhanced the applicant's experience.
87. Deputy Aengus Ó Snodaigh asked the Minister for Justice if he is aware if autopsies are taking longer to be concluded in Dublin or elsewhere in recent years; and if so, what are the causes of what can be heart-wrenching delays for families of the deceased. [18015/23]
View answerAs the Deputy will be aware, a Coroner is an independent quasi-judicial office holder whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued. This is an important public service to the living and in particular to the next-of-kin and friends of the deceased. Coroners not only provide closure for those bereaved, but also perform a wider public service by identifying matters of public health and safety concerns.
The Dublin District Mortuary (DDM) is the responsibility of the Dublin Senior Coroner, who is an independent statutory officer. Neither I, nor my Department have any role in the coronial function. However, my Department is responsible for supporting the work of the Dublin District Coroner’s Office, including the DDM in terms of finance, staffing, administration, etc., since 1 January 2018. Three additional Temporary Coroners have been re-appointed to facilitate the significant workload of the Dublin district.
Outside of the Dublin area, such matters are the responsibility of the relevant local authority and the district coroner concerned.
Waiting times for post-mortems are influenced, by a number of factors, including the following:
• Coroner directed post mortems can be time consuming, with the subsequent work involved in writing up the reports and possible attendance at Inquests. This in conjunction with the demands on hospital pathologists to provide diagnostic pathology services has led to a number of hospitals taking the decision to withdraw the provision of pathology services in Dublin for Coroner post mortem examinations (PMEs). This has put an increased pressure on the DDM in respect of body storage and post mortems.
• It is increasingly challenging to secure the services of histopathologists to carry out Coroner directed Post Mortems. In response to this challenge, my Department has established a Standing Committee on the Provision of Coroner Directed Post-Mortems.
• DDM is staffed by a team of professional, committed and dedicated Anatomical Pathology Technicians (APT). To ensure that the DDM is adequately resourced, officials in my Department have secured the services of two locums, and are in the process of sourcing another. In an attempt to address the challenges in recruiting APT's, a trainee programme was launched in 2021 with two trainees appointed. My officials are currently seeking to appoint new trainee APT's to generate a pipeline of staff into the future.
• Officials are also currently engaged in a process or recruiting this year a full-time mortuary manager.
I acknowledge that timeframes for the release of remains to families can vary and is dependent, amongst other factors, on the number of deceased persons who are cared for at the mortuary at any given time; this is largely unpredictable and can peak on occasion. It is certainly my intention and that of my Department to ensure that waiting times for post-mortems are kept to a minimum.
88. Deputy Pádraig O'Sullivan asked the Minister for Justice the youth diversion projects that are in place in Cork; the programmes that have been funded over the past three years; the programmes that will be announced this year; and if he will make a statement on the matter. [17889/23]
View answerAs the Deputy may be aware, Youth Diversion Projects (YDPs) are community based, multi-agency youth crime prevention initiatives which primarily seek to divert young people who have been, or are at risk of becoming, involved in anti-social and/or criminal behaviour.
A top priority is the expansion and deepening of the services offered to young people by the Youth Diversion Projects, which are fully funded by my Department. These projects provide an invaluable support to complement the work of An Garda Síochána in addressing youth crime and protect local communities.
Youth Diversion Projects not only divert young people away from crime, but also work to foster young people’s talents, interests and personal development.
There are currently over 100 YDPs in operation and the intention of this year’s Justice Plan, under the Youth Justice Strategy, is to provide full geographic availability of youth diversion services throughout the State by end-2023.
I can inform the Deputy that there are currently 13 Youth Diversion Projects (YDPs) operating in Co. Cork, and they have been allocated a total funding allocation of over €2.5 million for this year. I have provided the full list of projects based in Cork and the funding allocated to each project for the years requested as an attachment.
A public call for proposals from Community Based Organisations (CBOs) to expand YDP coverage in Cork has just closed and applications are now being considered by my officials.
|
Allocation |
||||||
|
Project |
Community Based Organisation |
Location |
2020 |
2021 |
2022 |
2023 |
|
Bandon & Kinsale^ |
Foróige |
Bandon & Kinsale, Co. Cork |
€175,084 |
€177,704 |
€236,718 |
€263,267 |
|
BAP |
Foróige |
Ballincollig, Co. Cork |
€146,294 |
€149,852 |
€174,924 |
€164,889 |
|
Cloyne Mobile Service~ |
Cloyne Diocesan Youth Service (Youth Work Ireland) |
Charleville & Middleton, Co. Cork |
€215,516 |
€266,965 |
€263,332 |
€301,875 |
|
Douglas West^ |
Foróige |
Douglas, Co. Cork |
€132,411 |
€132,509 |
€143,154 |
€148,740 |
|
FAYRE |
Foróige |
Farranree, Co. Cork |
€121,626 |
€123,795 |
€196,053 |
€202,419 |
|
Feabhas |
Cloyne Diocesan Youth Service (Youth Work Ireland) |
Cobh, Co. Cork |
€109,616 |
€118,225 |
€125,025 |
€131,276 |
|
GAP*^ |
Foróige |
The Glen, Co. Cork |
€256,849 |
€258,799 |
€276,408 |
€285,500 |
|
HERON^ |
Foróige |
Carrigaline, Co. Cork |
€109,607 |
€106,708 |
€115,218 |
€115,729 |
|
Knocknaheeney* |
Foróige |
Knocknaheeny, Cork |
€173,214 |
€180,241 |
€190,128 |
€193,628 |
|
Mallow |
Cloyne Diocesan Youth Service (Youth Work Ireland) |
Mallow, Co. Cork |
€108,377 |
€115,580 |
€135,104 |
€155,396 |
|
MAY* |
Foróige |
Mahon, Co. Cork |
€169,160 |
€169,846 |
€173,142 |
€178,240 |
|
TACT* |
Foróige |
Togher, Cork |
€199,583 |
€196,061 |
€273,659 |
€263,998 |
|
Youghal |
Foróige |
Youghal, Co. Cork |
€128,883 |
€128,888 |
€132,928 |
€139,574 |
|
Total |
€2,046,220 |
€2,125,173 |
€2,435,793 |
€2,544,531 |
||
*Allocation includes funding for Local Drugs and Alcohol Task Force worker attached to the YDP.
~2021 Allocation includes once off capital grant
^2022 Allocation includes once off capital grant
90. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the status of a refuge for those fleeing domestic violence in County Carlow; and if he will make a statement on the matter. [17922/23]
View answerUnder the Third National Strategy on domestic, sexual and gender-based violence, we are committed to doubling the number of refuge spaces, bringing it to over 280. This will be the fastest ever expansion of refuge spaces.
In addition, and by putting in place the correct structures to deliver additional refuge accommodation, the Government will accelerate the number of refuge spaces that can be opened each year.
I can advise the Deputy that Tusla is supporting a process to progress development of a refuge for Co Carlow and that a group of local stakeholders associated with the local domestic violence network, has established the Carlow Refuge Development Advisory Group. This group is an interim, time-bound structure that has come together to undertake some initial scoping and develop options for appraisal about how best to take forward development of the refuge.
The group has had three meetings to date with further meetings scheduled, and independent consultancy has been engaged to work with the group.
The outcome of the work of the Carlow Refuge Development Advisory Group will inform the next steps and the resulting timeline for the development of a refuge.
The process for developing refuges will vary from area to area depending on the configuration of local services and agencies, two key elements are central to progressing with a formal development project:
1. The involvement of a lead organisation with Approved Housing Body (AHB) status, which is a requirement for access to Capital Assistance Scheme (CAS) funding through the Department of Housing, and
2. An identified service provider organisation and plan for delivery of services in the new refuge, once completed. If there is not an organisation with capability to deliver these services at the outset, then the plan needs to set out how this capacity can be achieved.
In some instances, a domestic violence service provider organisation may have AHB status and be in a position to demonstrate capacity to operate services or a consortium or partnership arrangement may be required to take forward development of the refuge.
The development of standardised processes and provision of measures to assist with this are part of ongoing work to support the achievement of additional refuge units into the future.
In March I published the General Scheme of a Bill to create a statutory agency dedicated to tackling and reducing DSGBV.
One of its key responsibilities will be overseeing and supporting the provision of refuge accommodation for victims to help deliver on the commitments I have outlined.
The establishment of the agency will also ensure that there is a permanent structure to help deliver further refuge accommodation over the long term.
To assist with this, the new agency will prepare and publish standards for service provision and governance in respect of the DSGBV services and accommodation.
91. Deputy Ruairí Ó Murchú asked the Minister for Justice if he will provide an update on the establishment of community safety partnerships; if he will outline the resources expected to be allocated to the scheme; and if he will make a statement on the matter. [18109/23]
View answerA key element of our policy on building safer and stronger communities is that communities themselves have a crucial role to play. There is no one size fits all approach, because each community has different needs and challenges.
My Department's community safety policy is about people being safe and feeling safe in their own community. This approach goes far beyond the traditional policing response and requires all relevant state bodies and voluntary organisations to work together in a joined-up way, in partnership with the local community, to prioritise and address issues in their own area.
The Policing, Security and Community Safety Bill will place statutory obligations on Departments and other public service bodies to cooperate with each other to improve community safety. It also establishes national structures to provide strategic direction and ensure that collaboration is working, and establishes Local Community Safety Partnerships (LCSPs), which will replace existing Joint Policing Committees.
There are currently three pilot LCSPs in Dublin’s North Inner City, Waterford, and Longford. The partnerships are made up of:
• Community representatives, including residents, youth representatives, members of new and minority communities, local activists, local businesses, and representatives of schools;
• Public sector representatives, i.e., local statutory services such as the HSE, Tusla, An Garda Síochána, and the local authority; and
• Local councillors.
Each partnership will create their own local community safety plan, setting out the key actions to address safety concerns in their community and assigning ownership for these actions. The first such plan has been produced by the Longford LCSP pilot and is available on the Longford County Council website.
Last month, I launched the Waterford Community Safety Plan 2023-2028, which will ensure that communities across Waterford city and county can thrive and flourish, through collaborative actions to prevent and deter crime and harmful behaviours.
The pilot LCSPs are undergoing an ongoing independent evaluation to ensure that, when established nationally, the LCSPs will be designed and supported to help communities prioritise issues raised by its members as safety concerns. A mid-term evaluation, covering the first 12 months of the pilots, is due to be published by my Department shortly.
The intention is that the Policing, Security and Community Safety Bill will become law later this year and be fully commenced in January 2024, with the national roll-out of the community safety partnerships to follow early in 2024.
92. Deputy Gino Kenny asked the Minister for Justice if he is aware that a person (details supplied) was sentenced to five years in jail in December 2022 and is currently in Limerick Prison for donating medical cannabis to people suffering pain; if he will change the law in this regard and release the person; and if he will make a statement on the matter. [17671/23]
View answerAs the Deputy will appreciate, as Minister for Justice I cannot comment on any individual case. Sentencing is of course a matter for the Judiciary, who are entirely independent in the exercise of their functions. I cannot intervene in the outcome of any court proceeding.
The Deputy may also be aware that the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health-led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-Government response to drug and alcohol use in Ireland. The implementation of the strategy is led by the Minister for Health and the Minister of State with responsibility for Public Health, Wellbeing and the National Drugs Strategy. However, the strategy includes actions for all stakeholders, including my Department and An Garda Síochána.
The strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs - and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports vulnerable people who use drugs, it is also matched with strengthened enforcement measures across Government to tackle the supply of illegal drugs.
The Misuse of Drugs Acts and associated Regulations are the main laws regulating illicit substances, including controls relating to: cultivation, licensing, possession, administration, supply, record-keeping, prescription-writing, destruction and safe custody. The Acts establish offences and penalties relating to the practice of cultivation of currently illicit substances. This legislation is under the remit of the Minister for Health.
I can inform the Deputy that officials in my Department engage with all stakeholders under the structures of the drugs strategy, namely the National Oversight Committee, chaired by the Minister of State with responsibility for Public Health, Wellbeing and the National Drugs Strategy, the Standing Sub-Committee, and associated working groups.
I welcome the recent Government agreement to establish a Citizens’ Assembly on Drug Use to consider the legislative, policy and operational changes the State could make to significantly reduce the harmful impacts of illicit drugs on individuals, families, communities and wider society.
93. Deputy Mark Ward asked the Minister for Justice the number of Garda personnel across the Dublin area by year from 2011 to date, broken down by region; the number of Garda stations across the Dublin area from 2011 to date; and if he will make a statement on the matter. [18010/23]
View answerAs the Deputy will be aware, under section 26 of the Garda Síochána Act 2005 (as amended) the Garda Commissioner is responsible for the management and administration An Garda Síochána, which includes the allocation of Garda members between the various Garda Divisions. As Minister, I have no role in these matters.
The Deputy may wish to be aware that my Department publishes a breakdown of Garda members and staff, across all stations and Divisions since 2009, on its website. These are updated monthly, and may be found at the following link: www.gov.ie/en/publication/66833-garda-workforce/ .
The table below, provided to me by the Garda authorities, shows the number of Garda Stations in the Dublin area as at December 31 each year and March 31 2023.
|
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
48 |
43 |
41 |
41 |
41 |
41 |
42 |
41 |
41 |
42 |
43 |
44 |
44 |
The Government is committed to building stronger, safer communities, and ensuring that An Garda Síochána has the resources it needs, which is reflected in an allocation of €2.14 billion under Budget 2023.
This funding allocation will support the recruitment of up to 1,000 Gardaí and 400 additional Garda staff this year.
I regularly engage with the Garda authorities with a view to ensuring that every possible support is in place to deliver on this level of recruitment.
95. Deputy Catherine Connolly asked the Minister for Justice the status of the review of the changes since 2018 in labour market access permission for international protection applicants; the status of the accompanying qualitative study undertaken by his Department on the experiences of international protection applicants in accessing the labour market; the timeline for the publication of the final report; and if he will make a statement on the matter. [17288/23]
View answerSince its introduction in June 2018, under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), the labour market access permission issued by my Department has had a very positive impact for international protection applicants and employers alike. Over 13,000 first labour market access permissions have been granted to date.
This permission gives eligible applicants the opportunity to work and helps them to integrate into Irish society while providing for themselves and their families outside of the State’s directly provided services and supports. It also helps people to plan and prepare for their future in Ireland if they receive a positive decision on their application for international protection.
The Regulations provide access to both employment and self-employment for any applicant who has not received a first instance decision within six months of making their international protection application, provided that this situation cannot be attributed to the applicant.
The European Communities (Reception Conditions) (Amendment) Regulations 2021 (S.I. No. 52 of 2021) reduced the waiting period for labour market access for international protection applicants to 6 months and extended the validity of a labour market access permission to 12 months, with effect from 9 February 2021.
My Department has undertaken a qualitative study of the experiences of international protection applicants in accessing the labour market, which will inform the quantitative element of the overall study, with a view to publishing the final report in due course.
A target to complete this Report in the first half of the year is included in Justice Plan 2023.
96. Deputy Seán Haughey asked the Minister for Justice the number of cybercrimes recorded in Ireland in 2022; and a breakdown of the type of cybercrimes recorded. [18076/23]
View answerCyber-crimes can cause not only devastating financial problems but can also cause mental stress for the victims and their families.
Every person in Ireland deserves to feel safe and to be safe when they conduct their personal business online or over the phone, and so the practice of trying to trick people out of their personal information or hard-earned money is truly disgusting and will not be tolerated.
In particular I would urge anyone conducting sensitive or personal business online or over the phone to be very cautious when providing personal or banking information. Many of the financial institutions have excellent advice for customers on how to be safe online, as does the Citizens’ Information website.
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 operational policing matters. As Minister, I have no role in these matters.
I am informed by the Garda authorities that there is no structured category for Cybercrime on the PULSE Database. I am further informed that Cyber Crime is divided into Cyber-enabled and Cyber-dependent crime. Cyber-enabled could be almost any crime type, and only an extensive narrative search would provide any data. While some Cyber-dependent crimes may have a specific type the figure provide may not be accurate. I am advised by the Garda authorities that for these reasons, it is not possible to provide a breakdown of cybercrimes as requested by the Deputy.
As the Deputy may be aware the Central Statistics Office (CSO) recently published its recorded crime statistics for Quarter 4 2022 and also cover the 12-month period up to the end of December 2022. It noted that there were 11,569 Fraud, Deception and Related offences recorded in 2022 and that this was down by 32% or 5,461 incidents from 2021.
There were also 2,310 recorded incidents of the same category in Q4 2022, and this was down 56% or by 2,987 incidents from a year earlier. According to the CSO this was largely driven by a fall in unauthorised transactions and attempts to obtain personal or banking information online or by phone.
While I welcome these recent statistical decreases I can assure the Deputy that the prevention and investigation of cybercrime, which particularly targets the vulnerable, remains a top priority for the Government and for An Garda Síochána. Budget 2023 provides €2.14 billion in funding to An Garda Síochána. These funds provide for continued investment in the Garda National Cyber Crime Bureau (GNCCB).
In terms of awareness raising, I’d like to re-iterate a key message from the Garda National Cyber Crime Bureau (GNCCB)
• Be prepared - Know the risks and the benefits of connecting online and keep yourself informed by being cyber aware.
• Be Aware – think before you click, don’t open attachments from unknown sources
• Be suspicious – of unsolicited emails or requests for information. Stop, think, call.
• [Systems and Protections:] Backup separately, Updated securely, Check regularly.
• Don’t mix work and personal networks, activities or devices.
• Report any suspicious or criminal attacks to your local Garda Station
• #ThinkB4Uclick to Stay connected, Stay Secure and above all Stay Safe when online.
If anyone suspects that they have been the victim of a cyber crime or fraud, I would encourage them to contact Gardaí to report this at the earliest possible time. I assure people that members of An Garda Síochána will be best placed to advise them.
97. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which plans are afoot to increase the number of gardaí to an optimum level, given the obvious need for such measures in the near future; and if he will make a statement on the matter. [18057/23]
View answerI can assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. Since 2015, the government has increased the budget of An Garda Síochána by approximately €672m, or 46%. This has allowed for sustained and ongoing recruitment.
The Deputy will appreciate that the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. I am assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.
As of the end of March 2023, the latest date for which figures are available, there were 14,036 Garda members and 3,130 Garda staff whose presence increases the availability of Gardaí to concentrate on frontline policing duties. This represents respective increases of almost 10% and 56% since end December 2015. In addition, since 2015, almost 900 Garda members have been freed up from back office duties to front line policing because of civilianisation.
The Government has provided funding for 1,000 new Gardaí this year and we are seeing more Garda recruits enter Templemore approximately every 11 weeks.
As the Deputy will be aware the most recent An Garda Síochána recruitment campaign closed on 14 April 2023 and will ensure a steady pipeline of new Garda members into 2024.
My Department and I engage regularly with the Garda authorities with a view to ensuring that every possible support is in place to deliver on this level of recruitment.
98. Deputy Denis Naughten asked the Minister for Justice the steps which he is taking to stop convicted sex offenders circumventing their monitoring through the use of a name change by deed poll; and if he will make a statement on the matter. [16889/23]
View answerI can assure the Deputy that there is a robust framework of legislation in place to monitor and manage the risk posed by convicted sex offenders to the community and that it is kept under ongoing review.
Under the Sex Offenders Act 2001, convicted sex offenders have to notify Gardaí of their personal details, including their name and address for a period of time after conviction, up to life, in the case of more serious offenders.
I understand the concern raised by the Deputy as to the risk of sex offenders concealing their identities by changing their name by deed poll. I have consulted with the Gardaí on this matter and have been assured that such a situation is covered by the Sex Offenders Act 2001. It would be an offence for an offender to change their name and not notify the Gardaí.
If the offender fails to comply with the requirements then they are in breach of the Act and subject to investigation by An Garda Síochána.
The Sex Offenders (Amendment) Act 2023, which recently passed all stages in the Oireachtas, will strengthen our already robust system for monitoring sex offenders. The Act reduces, from 7 to 3 days, the period for sex-offenders to inform Gardaí -
• of their name and address within 3 days of leaving prison;
• of any change to their name or address within 3 days;
• if they are going to be outside the State for more than 3 days;
• if they are returning to the State having been outside it for 3 days;
• if they are at an address in the State for 3 days and that address has not been notified to AGS;
• or every 12 months if they had not notified within the previous 12 months.
The Act also allows for the electronic tagging of offenders and for the Gardaí to disclose information about a sex offender’s previous convictions to a member or members of the public where the offender poses a risk of causing harm.
My Department is liaising with An Garda Síochána, the Probation Service and other relevant Departments and Agencies to prepare for commencement of the Act. It is my intention that the Act will be commenced later this year.
99. Deputy James O'Connor asked the Minister for Justice if he will outline his Department’s ongoing work to address concerns around the roll-out of community CCTV systems pertaining to a specific data controller being appointed; and if he will make a statement on the matter. [18135/23]
View answerCommunity CCTV schemes have benefitted many communities, helping people to feel safer in their local areas. It is a priority for this Department to ensure that community groups continue to be supported in making contributions to the setting up of their local CCTV schemes.
As the Deputy may be aware, the Garda Síochána (Recording Devices) Bill 2022 sets out a new approach to Community CCTV schemes. The Bill was published in August 2022 and was brought before the Dáil for second stage debate last month.
The new approach is General Data Protection Regulation (GDPR) compliant and only allows for local authorities or An Garda Síochána personnel to be authorised to apply for community CCTV schemes in the future. Authorisations will last for up to five years. Data protection impact assessments and, in the case of an application by a local authority, joint data controller agreements will have to be provided.
Applications for schemes will have to be precise about the number of cameras, the exact location and the extent of their coverage. Specific details about the confidentiality of data, security, storage, retention, erasure and destruction of data will be set out in a Code of Practice to be drafted by An Garda Síochána and to be submitted to the Minister for Justice for inclusion in a Statutory Instrument.
Section 7 of the Bill sets out how existing CCTV schemes that have an authorisation under section 38 of the Garda Síochána Act 2005 (as amended) can continue for a period of up to 4 years, or up until they are revoked by the Commissioner, whichever is earlier. This should give existing schemes ample time to apply under the new arrangements set out in the Bill for CCTV schemes.
Part 6 provides for processing of third-party CCTV by Garda personnel. This part provides specific powers to members of Garda personnel to process a live feed of a third-party’s CCTV where it has been approved by an authorisation issued by a judge, or internally approved by an independent superior officer. This part also provides access to data retained by third parties as a result of the operation of CCTV.
I want to keep communities involved in identifying the local requirement for CCTV. My Department developed a community safety policy in 2021 and the forthcoming Policing, Security and Community Safety Bill will support this policy. Local Community Safety Partnerships are also being established, under that Bill, to replace joint policing committees.
It is considered appropriate that the need for a local Community CCTV scheme should be first discussed at the Local Community Safety Partnership. Increased community representation on the partnerships will facilitate the desired greater input from local communities into Community CCTV proposals. The local authority will have to approve the scheme also and apply for an authorisation to the Garda Commissioner.
100. Deputy James Lawless asked the Minister for Justice whether criminal legal aid is fit for purpose, given recent industrial action by criminal practice barristers. [18065/23]
View answerI can advise the Deputy that the Criminal Legal Aid Scheme is under review and a General Scheme of a Criminal Legal Aid Bill is being prepared, the key purpose of which will be, to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to otherwise update the administration of criminal legal aid.
My Department has consulted with the Courts Service, the Legal Aid Board, An Garda Síochána, the Law Society and the Bar Council and a final draft of the General Scheme is being prepared with the objective of submitting it for Government approval later this year.
This Bill when enacted, will put on a statutory footing a number of Criminal Legal Aid Schemes such as the Garda Station Legal Advice Revised Scheme, which is currently administered by the Legal Aid Board.
As the Deputy may be aware, the issue of Criminal Legal Aid fees is being pursued with the Department of Public Expenditure, NDP Delivery and Reform, as the Department with responsibility for any restoration of barrister fees arising from the FEMPI cuts.
However, I can assure the Deputy that the Department of Justice will continue to engage on this issue with the Department of Public Expenditure, NDP Delivery and Reform, as appropriate.
