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Tuesday, 18 Apr 2023

Written Answers Nos. 1025-1042

Legislative Measures

Questions (1025)

Jim O'Callaghan

Question:

1025. Deputy Jim O'Callaghan asked the Minister for Justice if airport police can be included within the emergency service workers who will be included within proposed legislation to increase the maximum sentence for assault on such emergency workers; and if he will make a statement on the matter. [18125/23]

View answer

Written answers

I want to reiterate that any attacks on members of An Garda Síochána and other frontline services are totally unacceptable. We are all immensely grateful to these people for their outstanding dedication and commitment to serving the public, and for the important role that they play in our society.

Frontline workers must be protected in carrying out their work and the law reflects the importance of this, and there are a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against front line workers.

I will shortly bring proposals to Government to increase sentences for assaults on members of An Garda Síochána and other emergency service workers, and my officials are currently considering the best approach to achieve this.

Prison Service

Questions (1026)

Aodhán Ó Ríordáin

Question:

1026. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the number of pregnant women who were cared for in prison in 2022; the number of babies born to pregnant women in prison in 2022; and if he will make a statement on the matter. [18158/23]

View answer

Written answers

I can advise the Deputy that Rule 17 of the Prison Rules 2007 makes provision for a child to remain in the care of their mother in prison, until the child has reached twelve months of age.  

I can further advise the Deputy that pregnant women in the custody of the Prison Service receive all of their antenatal care and education through the services of the local HSE Maternity hospital. Access to antenatal care is provided on a par with expectant mothers who live in the community.

Due to the specific needs of a number of the women who are pregnant, specialist HSE services have a very close and responsive working relationship with both prison management and the prison healthcare team.  Most women receive all their antenatal care external to the prison in routine antenatal clinics in the local maternity hospital. When needed and in cases of emergency, specialist midwives will attend the prison; however, this is not normally required.

Expectant mothers are always facilitated to have their children born in hospital. The Prison Service has a mother and baby unit in the Dochas Centre. Expectant mothers are transferred from Limerick Prison to the Dochas Centre during their last trimester and remain there as long as their baby remains with them.

The Deputy will be aware that the construction of a new prison facility to provide accommodation for 50 female prisoners in Limerick Prison is scheduled to become operational later this year.  This development will enhance the facilities within the Limerick Female Unit to care for pregnant prisoners and provide a number of areas where the care of mothers and babies can be facilitated in the most appropriate way.

The Deputy may wish to note that the number of babies born to women while in prison, when compared to the number who have been in prison while pregnant, is very low.

One baby resided with their mother in custody in 2022, the baby was born in the community prior to the mother’s committal.

The information requested by the Deputy is provided in the tables below.

The number of pregnant women who have been cared for in Prison in 2022

Year  

Dochas Centre  

Limerick  

2022

10

6

       

*The Deputy may wish to note that the above counts are not of unique individual prisoners. In addition, there may be overlaps in particular between the figures for Dóchas and Limerick.  

The number of babies born to pregnant women in Prison in 2022.

Year  

Dochas Centre  

Limerick  

2022

0

0

Prison Service

Questions (1027)

Aodhán Ó Ríordáin

Question:

1027. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the average custodial sentence length for those committed to prison under sentence in 2022, broken down by gender; and if he will make a statement on the matter. [18159/23]

View answer

Written answers

I requested information from the Irish Prison Service to reply to the Deputy but unfortunately it was not possible to collate the information in the time allowed. I will respond directly to the Deputy once this information is collated. 

The following deferred reply was received under Standing Order 51.
I refer to Parliamentary Question No. 1027 for written reply on 17 April 2023, requesting the average length of custodial sentence for those committed to serve a custodial sentence in 2022, broken down by gender; and if he will make a statement on the matter. As you will recall, the information you requested was not readily available at that time and an undertaking was given to respond to you as soon as possible with the relevant information. Please find a response to your questions provided below.
I wish to inform the Deputy that as those sentenced to life in prison do not have a definitive sentence length they have been excluded from this response.
In 2022 there were 4,838 people committed to prison under a definitive sentence.
This includes 681 people who were on remand/trial at the start of the year and were subsequently sentenced. The average custodial length of these people was 455 days, or 1 to <2 years.
Number of Sentence Committals* in 2022, by Gender and sentence length.

Sentence Length

Female

Male

Total

&lt;3 Mths

149

845

994

3 to &lt;6 Mths

157

1177

1334

6 to &lt;12 Mths

123

800

923

1 to &lt;2 *Yrs

40

444

484

2 to &lt;3 *Yrs

24

410

434

3 to &lt;5 *Yrs

8

404

412

5 to &lt;10 *Yrs

6

207

213

10+ *Yrs

1

43

44

Total

508

4,330

4,838

*This includes people who were committed in a previous year but sentenced in 2022
I trust this is of assistance.

Citizenship Applications

Questions (1028)

Jackie Cahill

Question:

1028. Deputy Jackie Cahill asked the Minister for Justice when the family of a person (details supplied) will be in a position to apply for citizenship; and if he will make a statement on the matter. [18160/23]

View answer

Written answers

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

A determination on whether an applicant satisfies the statutory criteria for naturalisation can only be made after an application is received.

A person granted a declaration of refugee status can apply for citizenship through naturalisation once they have 3 years of residency.

Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at:  www.irishimmigration.ie/how-to-become-a-citizen/become-an-irish-citizen-by-naturalisation/

Gangland Crime

Questions (1029)

Jim O'Callaghan

Question:

1029. Deputy Jim O'Callaghan asked the Minister for Justice the steps being taken to tackle gangland crime in Ireland. [18168/23]

View answer

Written answers

I am acutely conscious of the devastating impact that illegal drugs, drug dealing and related criminality have on communities across the country and I have discussed these concerns with the Garda Commissioner and his senior team since my appointment as Minister.

The Deputy will be aware that the Garda Commissioner is, by law, responsible for deployment of Garda resources. The Government remains committed to ensuring An Garda Síochána has the resources it needs to keep communities safe, evidenced by the unprecedented funding of over €2.1 billion provided in Budget 2023. 

Tackling drug dealing and associated criminal activity, including by organised crime groups and by members of the public who, through their drug-taking fuel this illegal and very harmful trade, is a top priority for An Garda Síochána and the Government. 

The Government is committed to taking a number of direct actions to tackle this, including the following:

- Increasing the maximum sentence for conspiracy to murder from 10 years to life in prison to tackle those who direct gangland and drug-related crime; and

- Introducing new legislation which will criminalise the grooming of children into a life of crime, which was initiated in the Dáil in January of this year.

In addition to the new legislation, the Greentown approach to assisting children who are drawn into criminal networks, based on the Lifting the Lid on Greentown report, produced by my Department in partnership with the University of Limerick,  is currently being  operated in two locations and is having a positive impact in helping those children and their families break away from the criminal gangs who are exploiting them. 

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

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

In December, I announced an additional capital allocation of €21.5 million to support significant investment in a replacement helicopter and fixed wing plane for An Garda Síochána. This investment will provide vital support for the security of the State, offering consistent and effective capacity to Garda national units in the investigation of crime, including against organised crime gangs and drug traffickers.

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

The Deputy may also wish to know that the Garda Commissioner has tasked an Inspector in every Garda Division to respond to the issue of drug-related intimidation. There are currently thirty nominated Garda Inspectors appointed to act as liaison officers for the Drug-Related Intimidation Reporting Programme, covering each Garda Division. 

Departmental Data

Questions (1030)

Jim O'Callaghan

Question:

1030. Deputy Jim O'Callaghan asked the Minister for Justice the number of people charged with directing the activities of a criminal organisation, participating in or contributing to a criminal organisation, and committing an offence for a criminal organisation in 2022. [18169/23]

View answer

Written answers

As the Deputy will appreciate, the Director of Public Prosecutions (DPP) is an independent law officer under the Prosecution of Offences Act 1974 (as amended) and I have no role in relation to the work of the Office of the DPP. 

As the Deputy will also be aware, the management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

To be of assistance I have referred the Deputy's question to the Courts Service for direct reply.  

An Garda Síochána

Questions (1031)

Jim O'Callaghan

Question:

1031. Deputy Jim O'Callaghan asked the Minister for Justice the breakdown of the number of knives seized by An Garda Síochána in 2016, 2017, 2018, 2019, 2020, 2021 and 2022, by county, in tabular form. [18170/23]

View answer

Written answers

I am very conscious of the effect that knife crime can have on the quality of life for local communities and the Government is determined to tackle this issue. 

The Expert Forum on Anti-Social Behaviour (ASB), which I am pleased to chair, is examining a broad range of issues to address the factors which give rise to ASB, including knife crime. The knife crime sub-group of the ASB Forum has examined existing data and possible approaches to community responses, as well as the legislative position. I have been briefed on the work of the sub-group and the question of what further measures might be progressed is subject to consultation with relevant stakeholders. 

There is also a comprehensive and robust legal framework in place in Ireland with respect to knife crime, including heavy penalties for breaches of the laws concerned. The maximum penalty in the Firearms and Offensive Weapons Act 1990 for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years in an amendment introduced via the Criminal Justice (Miscellaneous Provisions) Act 2009.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of Garda business, including all operational policing matters. As Minister, I play no role in these independent functions.

I am informed by the Garda authorities that the 2016 - 2018 increase in recorded seizures is due in large part to the introduction of the Property and Exhibit Management System (PEMS) in 2016, which improved the level of recording of all objects seized, including knives. More recently, the increases in seizures are also due to proactive policing operations, particularly during 2020 with the increased Garda presence due to COVID-19.

To be of assistance to the Deputy, the Garda Authorities have advised that a search of the PULSE database was conducted on 16 March 2023 to identify any object of sub-type ‘knife’ linked as ‘seized’ with any incident reported nationwide since 1 January 2016. The attachment shows the number of knives seized by An Garda Síochána by Garda Division.

Figures marked with an asterisk denote incidences of fewer than 10.

Knife Seizures Table

An Garda Síochána

Questions (1032)

Jim O'Callaghan

Question:

1032. Deputy Jim O'Callaghan asked the Minister for Justice the number of Garda cars and vans attached to the Mayo Garda division as of 12 April 2023; if he will provide the same figures as of 31 March 2021; and if he will make a statement on the matter. [18209/23]

View answer

Written answers

The Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2023 provides funding of €2.14 billion for An Garda Síochána, of which €10m has been allocated for investment in the Garda fleet.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.

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

I am advised by the Garda authorities that at 31 March 2023, the latest date for which figures are available, there were 3,381 vehicles attached to the Garda fleet. This represents an increase of 7% since end March 2021 when there were 3,156 vehicles attached to the Garda fleet.

I am also advised by the Garda authorities that the table below sets out the number of vehicles attached to Mayo at 31 March 2023 and 31 March 2021.

Mayo

Cars

Vans

Motorcycles

4 x 4

*Others

Total

31/03/2023

54

11

2

1

1

69

31/03/2021

49

13

2

1

1

66

 

*The category 'other' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles

The Deputy may also wish to be aware that An Garda Síochána publish information on Garda fleet, including a Divisional/District monthly breakdown, on their website at: 

www.garda.ie/en/about-us/our-departments/finance-services/finance-fleet-management.html.

An Garda Síochána

Questions (1033)

Jim O'Callaghan

Question:

1033. Deputy Jim O'Callaghan asked the Minister for Justice if funding has been provided in 2023 to purchase additional larger horsebox trucks for the Garda mounted unit; and if he will make a statement on the matter. [18211/23]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána as well as for decisions in relation to the allocation and management of Garda equipment and resources. As Minister, I have no direct role in these matters. 

I am informed by the Garda authorities that the Garda Mounted Unit is based at Áras an Úachtaráin, Phoenix Park, Dublin 8 and has a national remit under the direction and control of Assistant Commissioner, Organised and Serious Crime and the operational control of Detective Chief Superintendent, Operational Support Services. 

I am advised there are currently six operational double horse boxes attached to the Garda Mounted Unit and there are presently no plans to purchase another one.

Official Engagements

Questions (1034)

Jim O'Callaghan

Question:

1034. Deputy Jim O'Callaghan asked the Minister for Justice if he has spoken with the United States Secretary of Homeland Security to date in 2023; and if he will make a statement on the matter. [18212/23]

View answer

Written answers

I can inform the Deputy that I have not spoken to the United States Secretary of Homeland Security to date in 2023.   The Deputy will, of course, appreciate that engagement with the Department of Homeland Security in the context of the work of my Department may occur at a range of different levels as part of normal bilateral or multilateral relations  or through engagement as part of the European Union, for example, in the context of joint EU-US meetings.

An Garda Síochána

Questions (1035)

Jim O'Callaghan

Question:

1035. Deputy Jim O'Callaghan asked the Minister for Justice the number and percentage of the Garda fleet within the Wicklow Garda division that are aged between 0-1, 2-4, 5-9 and over 9 years old, in tabular form; and if he will make a statement on the matter. [18213/23]

View answer

Written answers

The the Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2023 provides funding of €2.14 billion for An Garda Síochána, of which €10m has been allocated for investment in the Garda fleet.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.

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

I am advised by the Garda authorities that at 31 March 2023, the latest date for which figures are available, there were 3,381 vehicles attached to the Garda fleet of which 68  vehicles assigned to Wicklow Division. This represents 2% of the Garda fleet. 

Wicklow Division 

Cars

Vans

Motorcycles

4 x 4

*Others

Total

Number

48

11

2

6

1

68

*The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles

The table below, which was provided to me by the Garda authorities, sets out the number and percentage of vehicles within the Wicklow Garda division that are aged between 0-1, 2-4, 5-9 and over 9 years old, in tabular form. 

Age Profile

Number of Vehicles

% of Fleet in Wicklow by Age 

% of Total Garda Fleet by Age 

&lt; 1 year

4

5.88%

0.12%

1-2 years

5

7.35%

0.15%

2-4 years

16

23.50%

0.47%

4-5 years

6

8.82%

0.18%

5-9  years

27

39.70%

0.80%

 9+  years

10

14.70%

0.30%

Total

68

 

2.01%

The Deputy may also wish to be aware that An Garda Síochána publish information on Garda fleet, including a Divisional/District monthly breakdown, on their website at: 

www.garda.ie/en/about-us/our-departments/finance-services/finance-fleet-management.html.

An Garda Síochána

Questions (1036)

Jim O'Callaghan

Question:

1036. Deputy Jim O'Callaghan asked the Minister for Justice if a new contract for the provision of extra Garda armed support unit vehicles will be put out to tender before the end of Quarter 2, 2023; and if he will make a statement on the matter. [18214/23]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.

I am however advised by the Garda authorities that Garda vehicles, including Garda Armed Support Vehicles, are purchased under contracts tendered by the Office of Government Procurement.  The current contract for the purchase of Garda Armed Support Vehicles is in place until 19 November 2023. I am also advised that a new tender process will be undertaken at that time.

Alcohol Sales

Questions (1037)

Jim O'Callaghan

Question:

1037. Deputy Jim O'Callaghan asked the Minister for Justice the number of liquor licensing inspections carried out by gardaí in the R district within DMR on pubs, clubs and so on in the years 2022 and to-date in 2023, in tabular form; the frequency in which these liquor licensing inspections that are carried out within this district; and if he will make a statement on the matter. [18215/23]

View answer

Written answers

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

I am informed by the Garda authorities that inspections of licensed premises, during which no offence is identified, are recorded on PULSE under incident type 'Liquor Licensing Inspection of Premises No Offence Disclosed'. If an offence is disclosed during an inspection, it is recorded as an offence of the relevant type. As such, there is no data available on the number of inspections where an offence is disclosed and it is not possible to provide the percentage of premises that were in breach of the legislation.

I am further informed that an increase in inspections of licenced premises took place as part of Operation Navigation, commencing in July 2020, during the Covid-19 pandemic and that inspections have not been as common as restrictions have been removed.

I  am informed by the Garda authorities that a search of PULSE was conducted querying both incident type 'Liquor Licensing Inspection of Premises No Offence Disclosed' and a number of other relevant incident types (e.g. Test Purchasing of Intoxicating Liquor) in the R District.

As the data set falls below the threshold of 10 incidents in each year, the Garda authorities are not in a position to provide this data for data protection reasons.

An Garda Síochána

Questions (1038)

Jim O'Callaghan

Question:

1038. Deputy Jim O'Callaghan asked the Minister for Justice the amount spent on purchasing new weaponry for armed Garda personnel in the years of 2021, 2022 and to-date in 2023, in tabular form; and if he will make a statement on the matter. [18216/23]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including any decisions in relation to the allocation and control of Garda resources. As Minister, I have no role in such matters.

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

I can also assure the Deputy that the Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service, with the unprecedented allocation provided in Budget 2023 of over €2.14 billion.  

The table below, provided to me by the Garda authorities, outlines the amount spent on purchasing new weaponry for armed Garda personnel in 2021, 2022 and to-date in 2023.

YEAR

2021

2022

2023

SPEND ON FIREARMS

€139,329

NIL

NIL

SPEND ON NEW LESS LETHAL AMMUNITION

€255,388

NIL

NIL

SPEND ON AMMUNITION

NIL

€864,075

NIL

I am informed that this spend is inclusive of VAT at 23%.

An Garda Síochána

Questions (1039)

Jim O'Callaghan

Question:

1039. Deputy Jim O'Callaghan asked the Minister for Justice the number of full-time forensic accountants working in the Criminal Assets Bureau and Garda National Drugs and Organised Crime Bureau in the years of 2022 and to-date in 2023, in tabular form; and if he will make a statement on the matter. [18217/23]

View answer

Written answers

I have sought the information requested by the Deputy and will contact him when this is to hand.

An Garda Síochána

Questions (1040)

Jim O'Callaghan

Question:

1040. Deputy Jim O'Callaghan asked the Minister for Justice the number of persons arrested and charged with public order offences within Garda B and C districts of DMR on both 17 and 18 March 2023, in tabular form; and if he will make a statement on the matter. [18218/23]

View answer

Written answers

I have sought the information requested by the Deputy from An Garda Síochána, and will contact him when this is to hand.

An Garda Síochána

Questions (1041)

Jim O'Callaghan

Question:

1041. Deputy Jim O'Callaghan asked the Minister for Justice the number of gardai by rank attached to each divisional crime scenes unit as of 12 April 2023, in tabular form; and if he will make a statement on the matter. [18219/23]

View answer

Written answers

I have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.

Immigration Policy

Questions (1042)

Darren O'Rourke

Question:

1042. Deputy Darren O'Rourke asked the Minister for Justice the number of persons who were refused permission to land at Dublin airport by nationality in the first quarter of 2023, in tabular form. [18249/23]

View answer

Written answers

The 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 State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.

The below table shows the number of passengers, by Nationality, who were refused leave to land at Dublin Airport in accordance with Section 4 of the Immigration Act 2004 in Q1 2023.

Nationality

Total

Georgian

152

Somali

119

Zimbabwean

108

Iranian

93

Albanian

79

Bolivian

77

Chinese

72

Eritrean

65

Kuwaiti

60

Syrian

58

Iraqi

50

Indian

48

Brazilian

46

Afghan

36

Sudanese

35

South African

35

Algerian

31

Salvadoran

25

Motswana

21

Egyptian

16

Nicaraguan

16

Yemeni

15

Palestinian

15

Swazi

12

Nigerian

10

All Other States*

79

Total

1,373

*Nationalities where the total is less than 10 are included in this category.

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