Written Answers Nos. 485-500
485. Deputy Kathleen Funchion asked the Minister for Justice if he will provide an update on the progress of the Family Courts Bill 2022; when he expects it to reach Committee Stage; and if he will make a statement on the matter. [22419/23]
View answerAmong the key justice commitments in the Programme for Government is the commitment to, “enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a less adversarial resolution of disputes”.
The Family Courts Bill 2022, which was published last December provides for the creation of new dedicated Family Courts as divisions within the existing court structures, with Family Court judges who will have specialist training and experience assigned on a full-time basis. The Bill is currently before the Houses of the Oireachtas, having completed Second Stage in Seanad Éireann in February this year.
While scheduling of a Bill in either House is a matter for the Oireachtas, it is my intention that Committee Stage will progress later this year.
486. Deputy Carol Nolan asked the Minister for Justice the total number of submissions received in relation to the recent public consultation on hate speech and hate crime; the number of submissions which opposed any new legislation in this area; and if he will make a statement on the matter. [22454/23]
View answerI can assure the Deputy that a considerable body of work has been undertaken by my Department to ensure that the new legislation dealing with incitement to violence or hatred and hate offences is well researched, well balanced, and grounded in the lived experiences and reality of what individuals facing hate speech and hate crime in this country actually need.
One element of this work was a widespread public consultation which included an online survey composed of 5 questions. These questions were intentionally non-prescriptive in terms of legislative content, but rather posed broader questions regarding the necessity of hate offences or hate speech laws generally and the need to make some forms of hate speech a crime; and thereby put measured limits on freedom of expression.
There was also a detailed question and discussion paper distributed to stakeholder groups which was also publicly available on the Department’s website. In addition, focus group discussion workshops were facilitated around the country and a series of meetings with victims of hate speech and hate crime, civil society organisations, academics, law enforcement, professionals and other experts were held.
In the course of this work there was significant consultation with representatives of vulnerable and minority groups, many of whom forwarded detailed submissions that reflected their lived experiences of being targeted on the basis of their identity characteristics. This was an important part of the consultation process as it was imperative that the voice of those whose lives are most impacted by hate speech and hate crime could be taken into account in formulating proposals as to how new legislation could better protect them. Comparative research on approaches to hate crime and hate speech legislation in neighbouring jurisdictions was also undertaken.
I can advise the Deputy that in addition to the 3,526 completed public surveys which were filled in online, there were 182 detailed written submissions made, 77 of which were from civil society groups, professional or academic organisations and NGO, with the remainder from private individuals. In addition, 177 participants engaged in the nationwide discussion workshops.
Based on this multi-faceted and comprehensive consultation and research work, the Department of Justice drew ten balanced conclusions which were published in a report in December 2020 and which informed development of the General Scheme of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill.
In April 2021, after the legislative proposals for the Bill were published, it was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny which took place in November 2021.
The Justice Committee’s Report was subsequently published in April 2022 and all of the recommendations made by the Committee have been carefully considered by my Department. As part of that work my Department engaged in additional consultation and research in relation to some of the recommendations that proposed strengthening certain provisions. This further consultation included liaising with counterparts in the UK and Northern Ireland and with An Garda Síochána and the Office of the Director of Public Prosecutions on different approaches that could be adopted here.
The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill was subsequently published in October 2022. Having passed through final stages in the Dáil on April 26th , this important piece of legislation will now go to the Seanad to be debated.
487. Deputy Ivana Bacik asked the Minister for Justice if he will meet with a delegation of workers (details supplied) who are facing redundancy and are in Ireland on Stamp 1 working visas, who are highly skilled workers and would like to remain in Ireland but may now be facing the prospect of having to return to dangerous and often precarious situations in their home countries, such as Ukraine and Iran. [22555/23]
View answerI understand and appreciate the difficulties that redundancy can cause for those impacted and in particular, those who may have arrived recently to the State on an employment permit.
The Department of Enterprise Trade and Employment website at
enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/redundancy/
provides detailed information on the issue and the remedies available to those on an employment permit and impacted by redundancy.
Holders of an employment permit must notify the Employment Permits Section of the Department of Enterprise, Trade and Employment within four weeks of the redundancy on the prescribed redundancy notification form. Once the form is received and processed, they are then provided with up to six months from the date on which they were made redundant to find another job and be provided with a new employment permit.
If a person’s immigration permission is due to expire before the six month period lapses, they should attend at their local immigration office for an extension of that immigration permission to coincide with the additional period of six months granted to find suitable alternative employment. However, where the six month period is within the period of their current immigration permission then there is no need to attend at their local immigration office.
The Immigration Service and Immigration Officers in Garda Stations nationwide grant a Stamp 1 immigration permission to a non-EEA national based on their employment permit, therefore, their permission to be in the State is linked to the period provided for on the employment permit. When a person is issued with a new employment permit, or prior to the expiry of their current Stamp 1 immigration permission, the person is required to attend at their local immigration office to update their permit details and renew their permission.
Where a person is not successful in securing new employment and obtaining an employment permit in respect of an employment then the person can write to the Immigration Service by post or email at the contact details below.
Email: Unit2ResidenceDivision@justice.ie
Postal Address:
Residence Unit 2
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2 D02 XK70
Ireland
Any application should explain their current circumstances and set out their future intentions in the State.
488. Deputy Patrick Costello asked the Minister for Justice if he will provide a timeframe on the opening of the new women's prison in Limerick; the reason for the current delay; and if he will make a statement on the matter. [22572/23]
View answerI can advise the Deputy that the opening of the new standalone female wing of Limerick Prison is an organisational priority for the Irish Prison Service and for my Department. Significant workforce planning is underway to enable the opening as soon as possible.
In order to open the new standalone wing and ensure that the women are safely accommodated there, significant numbers of additional staff are required. These staff will come through a combination of both direct recruitment and transfers from across the Prison estate and these processes take time.
I am advised by the Irish Prison Service that once the resources are in place, the new female wing of Limerick Prison will be opened without delay. The Prison Service expect to be able open Limerick Female Prison this July.
489. Deputy Patrick Costello asked the Minister for Justice the amount of capital funding being made available for his commitment to build over 400 new prison spaces at Castlerea, Cloverhill, the Midlands and Mountjoy prisons in the next five years; and if he will make a statement on the matter. [22573/23]
View answerThe Irish Prison Service is committed to providing safe, secure and respectful care for all of those committed to custody. As part of fulfilling this commitment, Government continues to invest significantly in the capital development of the prison estate. This includes building new accommodation and investing in the refurbishment of existing facilities. In recent years, works have been completed to modernise the Mountjoy complex, a new prison was constructed in Cork and additional prisoner accommodation was provided in the Midlands Prison.
Last summer, the Training Unit in Mountjoy was reopened, providing an additional 96 spaces. The opening of new male accommodation in Limerick in late 2022 provided an additional 90 cell spaces and a new standalone female prison in Limerick will provide 22 additional female cell spaces when it opens later this year. In total this is in excess of 200 new spaces.
In addition to the investment already made in the prison estate, the Department of Justice and officials in the Irish Prisons Service continue to work together to identify short, medium and longer term proposals to help manage capacity in our prisons.
I also approved a number of measures aimed at reducing capacity pressures in the system. These include broadening the eligibility criteria for the Community Return and the Community Support Schemes; amending criteria for considering Temporary Release; and expediting the Department of Justice's review of sentence remission.
Just recently, I brought a Memo for the Information of Government outlining the capacity issues facing the Irish Prison Service – both in terms of the scale of the problems already faced and the medium and longer-term solutions that might be advanced to address them.
Officials in my Department and the Irish Prisons Service have identified four short-term capital projects that could deliver over 400 prison spaces across the existing prison estate over the next 5 years. This would provide accommodation for a minimum of 620 additional prisoners. Initially I am looking to progress developments at Castlerea and Cloverhill Prisons and while initial costing exercises have been undertaken, funding requirements will be determined on the completion of the detailed design brief. As the Deputy will be aware, the project will proceed subject to the requirements of the public spending code.
In the meantime, let me assure the Deputy that the need to ensure the availability of modern prison facilities with adequate capacity will continue to be the focus of capital planning by my Department and the Irish Prisons Service.
490. Deputy Patrick Costello asked the Minister for Justice the number of male prison officers working in Mountjoy Female Prison; the number of male prison officers working in the female wing of Limerick Prison; and if he will make a statement on the matter. [22574/23]
View answerI am advised by my officials in the Irish Prison Service that for security and operational reasons the Irish Prison Service is not in a position to provide a breakdown of the number of staff allocated to individual Prisons.
However, information can be provided on the percentage breakdown of staff by gender across all grades and for the grade of Prison Officer at the Dóchas Centre and across Limerick Prison. This information, as of the 31 March, is as set out in the table below.
The Deputy will wish to note that, unlike the Dóchas Centre, Limerick Prison houses both male and female prisoners. As such, Prison Officers assigned to Limerick Prison work with both male and female prisoners and are not exclusively assigned to the female wing.
|
Dóchas |
|
|
|
All Grades |
Male |
Female |
|
|
32% |
68% |
|
Prison Officer |
Male |
Female |
|
|
20% |
80% |
|
|
|
|
|
Limerick |
|
|
|
All Grades |
Male |
Female |
|
|
81% |
19% |
|
Prison Officer |
Males |
Females |
|
|
83% |
17% |
491. Deputy Cormac Devlin asked the Minister for Justice if he will seek an update on the application for a visa by a person (details supplied) which was made during the summer of 2020; and if he will make a statement on the matter. [22608/23]
View answerI can advise the Deputy that based on the information supplied, it has unfortunately not been possible to locate the application for the person referred to.
If more information can be provided my Department would be happy to re-examine your request. In this respect, the information which would assist in identifying the relevant application would include;
• Date of birth of applicant
• Application number
• Type of application
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
492. Deputy Bernard J. Durkan asked the Minister for Justice he progress to date in the determination of an application for naturalisation in the case of the daughter of a person (details supplied); if all is in order with the said application; when a decision on the application can be expected; if the application can be expedited; and if he will make a statement on the matter. [22634/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The median processing time for applications now currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
493. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 270 of 17 November 2022, the number of fatal road traffic collisions in each of the years 2016 to 2022 and to date in 2023; the number of drivers involved per year; the number of drivers in which the status of their driver licence or learner permit is unknown; and if he will make a statement on the matter. [22671/23]
View answerAs the Deputy will appreciate the enforcement of road traffic legislation is an operational matter for An Garda Síochána.
Road traffic legislation is enforced as part of the day-to-day duties of members of An Garda Síochána, as well as through a programme of high-visibility road safety and enforcement operations, carried out in partnership with other state agencies, including Government Departments, the Road Safety Authority, the National Roads Authority, and the community, in order to make our roads safer for all.
The Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics including the number of road deaths (fatalities) and the number of injured casualties on the roads in Ireland each year.
These statistics are prepared by the Road Safety Authority following analysis of the fatality reports provided to the RSA by An Garda Síochána and are available at the link below:
data.cso.ie/product/rsars
Information pertaining to the status of the driver’s license is not available as a component of the driver fatality statistics.
494. Deputy Aodhán Ó Ríordáin asked the Minister for Justice to give a budgetary breakdown of the 115% (€500,000) increase in allocation from €436,000 to €900,000 for consultancy services and value for money and policy reviews as contained in the Government Budget 2023 publication page 214 under Vote Number 20 for An Garda Síochána; and the reason for this increase. [22676/23]
View answerI have sought the information requested by the Deputy, and will contact him again when this is to hand.
The following deferred reply was received under Standing Order 51.
As you will be aware, the Garda Commissioner is the accounting officer of An Garda Síochána, and is by law responsible for expenditure of the Garda budget. As Minister, I have no direct role in these matters. I am advised by the Garda authorities that additional funds of €500k were provided in the Revised Estimates 2023 to An Garda Síochána, over and above the original 2022 Revised estimates of €436k. I am also advised that this was provided in the main to support work to be undertaken in 2023 within An Garda Síochána’s internal audit, human resource and people development, and finance and services functions.
I trust this information is of assistance.
495. Deputy Michael Fitzmaurice asked the Minister for Justice the number of applications awaiting decision on naturalisation whereby the application is with his Department for 3, 4, 5 and over 5 years, in tabular form; and if he will make a statement on the matter. [22732/23]
View answer496. Deputy Michael Fitzmaurice asked the Minister for Justice the timescale for issuing decisions on naturalisation applications; and if he will make a statement on the matter. [22733/23]
View answerI propose to take Questions Nos. 495 and 496 together.
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 my Department's commitment to processing applications in a timely manner.
The median processing time for applications now currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
There are ongoing developments and improvements being made to the citizenship application process. 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 development builds on other innovative measures introduced in the application process, including the deployment of “Tara” the e-chat bot, as well as e-payments, 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.
I understand that many of the oldest files in the system have been put on hold at the request of the applicant. Periodic contact is maintained with the applicant and every effort is made to facilitate the applicant in the context of changing and sometimes challenging personal circumstances. While the onus remains with the applicant to complete the process the Citizenship Division maintains ongoing contact with the applicants.
In other instances, information requested from the applicant may be outstanding or there may be a delay in receiving supporting information.
The information requested by the Deputy is contained in the table below:
|
Years |
Applications |
|
3 – 4 years |
709 |
|
4 – 5 years |
511 |
|
5+ years |
642 |
497. Deputy Michael Fitzmaurice asked the Minister for Justice the reason the naturalisation ceremony in Ireland is held only twice a year; and if he will make a statement on the matter. [22734/23]
View answerI am pleased to say that the next citizenship ceremonies will take place on Monday 19th June and Tuesday 20th June 2023 at the Killarney Convention Centre, Co. Kerry. Citizenship Division will begin issuing invitations for the ceremonies shortly.
In March 2023, my Department held a smaller ceremony in the RDS in Dublin where approximately 1,300 candidates became Irish citizens. This event was used to trial a new format and to test the feasibility of increasing the number of ceremonies annually. The outcomes are currently being assessed but the initial findings are promising, with very positive customer feedback on the day.
Information on citizenship ceremonies is available on the Department’s website here: www.irishimmigration.ie/how-to-become-a-citizen/citizenship-ceremonies/
498. Deputy Fergus O'Dowd asked the Minister for Justice further to Parliamentary Question No. 707 of 15 February 2022, if updated figures are available relating to concerns raised with An Garda Síochána in respect of sexual abuse, physical abuse, psychological abuse, financial abuse, institutional abuse or neglect of residents living in nursing homes or disabilities centres which have been received since the victim offender relationship data on pulse was introduced and recorded; and if he will make a statement on the matter. [22746/23]
View answerI 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.
499. Deputy Jim O'Callaghan asked the Minister for Justice if he intends to proscribe formally a group (detail supplied) as a terrorist organisation under the Offences Against the State Acts 1939-1998; and if he will make a statement on the matter. [22837/23]
View answerAs the Deputy will appreciate, the Government attaches the highest priority to the security of the State and the people.
The State has a strong body of laws in place to counter terrorism and sustain our national security. The primary body of law in this regard is the Offences Against the State Acts 1939-1998 and the Criminal Law Act 1976 which were enacted and have been applied to combat the threat from domestic terrorism and subversion.
The Criminal Justice (Terrorist Offences) Acts 2005-2015 were enacted to have particular application to international terrorism and give effect to a number of international legal measures to combat terrorist activities. These laws are supported directly by a range of provisions in the general criminal law aimed at supporting the authorities to combat serious crimes.
The Criminal Justice (Terrorist Offences) Act 2005 makes explicit provision to ensure that any organisation which engages in terrorist activity or terrorist-linked activity is an unlawful organisation and that the provisions of the Offences Against the State Acts 1939-1998 and the Criminal Law Act 1976 have application to it.
The Group in question and individuals connected to it are subject to a range of EU restrictive measures (sanctions) in connection with their activities in Ukraine and elsewhere. My colleague the Minister for Foreign Affairs has indicated that Ireland will continue to work with EU partners to ensure that appropriate action is taken and will consider any proposals made to further address the human rights abuses and destabilising activities of the this Group.
In the circumstances I do not intend to take steps under domestic legislation in respect of the group concerned.
500. Deputy Violet-Anne Wynne asked the Minister for Justice the number of persons incarcerated in Ireland currently for cannabis-related offences, in tabular form; and if he will make a statement on the matter. [22938/23]
View answerI am advised by my officials in the Irish Prison Service that it is not possible to provide complete statistics for people in custody specifically for cannabis-related offences, as the recording of controlled drugs offences does not always specify the type of substance.
On 30 April 2023, there were 16 individuals in custody whose most serious offence was specifically categorised as a cannabis-related offence.
On the same date, an additional 482 individuals were in custody whose most serious offence was categorised as a controlled drug offence, where the substance is not specified.
