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Tuesday, 30 May 2023

Written Answers Nos. 530-542

Immigration Status

Questions (530)

Bernard Durkan

Question:

530. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in respect of an application for leave to remain in the case of a person (details supplied) who submitted their application in 2020 and has yet to receive communication; and if he will make a statement on the matter. [26113/23]

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Written answers

The person referred to in the Deputy's query made an application under the Regularisation of Long-Term Undocumented Migrants Scheme. This application was refused and they were advised of this by letter dated 1 March 2023. As no appeal was received within 30 days of this letter, this application is now closed.

They have submitted representations under Section 3 of the Immigration Act 1999 (as amended), detailing why deportation orders should not be made in respect of them. This application will be given full consideration.

This case is amongst many to be considered at present and, as such, at this point in time, it is not possible to provide a specific indication as to when the case will be finalised. However, the person concerned can be assured that there will be no avoidable delay in having their case brought to finality. Once a decision has been made, they will be notified in writing of the outcome.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.

Domestic, Sexual and Gender-based Violence

Questions (531)

Mary Lou McDonald

Question:

531. Deputy Mary Lou McDonald asked the Minister for Justice the process that has been established to roll-out a National Domestic Violence Accommodation (Refuge) Strategic Development Plan, in the context of a National Services Development Plan, as set out in the Third National Domestic Sexual and Gender-Based Violence Strategy. [26120/23]

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Written answers

As the Deputy is aware, the Government will establish a statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence.

The agency, which I expect to be up and running at the start of January next, will have a specific mandate to drive the implementation of the Zero Tolerance Strategy, bringing the expertise and focus required to tackle this complex social issue.

Its work will include putting in place a National Services Development Plan, with associated standards, informed and influenced by victims’ and survivors’ needs and rights, which is an action under the Zero Tolerance Strategy.

Aligned to this work, the Agency will develop a strategy to fill identified gaps in services and recognise the short, medium and long-term support needs of victims/survivors. This will be co-designed with the sector and with Tusla.

As the Deputy will be aware, a key aim of the Third National Strategy is the doubling of the number of refuge places over its’ lifetime, bringing it to 280.

In order to achieve this ambitious goal, we are working with all stakeholders to put in place the necessary structures and supports to accelerate the delivery of additional refuge accommodation year on year.

Work undertaken to implement the Strategy has already prepared the way for this, including through the development of agreed processes and approaches that will support organisations to deliver the highest standard of refuge accommodation in the most efficient and holistic way.

Immigration Status

Questions (532)

Bernard Durkan

Question:

532. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an EU treaty rights application in the case of a person (details supplied); and if he will make a statement on the matter. [26121/23]

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Written answers

The person referred to in the Deputy's query requested a review of the decision to refuse their application for Permanent Residence under the European Communities (Free Movement of Persons) Regulations 2015, which was received by the Review Unit of the EU Treaty Rights Division on 28 September 2021.

As you may be aware, the entitlements under Directive 2004/38/EC to move freely and reside within the European Union ceased to apply to United Kingdom nationals and their family members at the end of the transition period on 31 December 2020. Since that date, applications for residence, including requests for review, from family members of United Kingdom nationals residing in the State before that date, are considered in accordance with the provisions of the European Union (Withdrawal Agreement) (Citizens' Rights) Regulations 2020 ("The Regulations") and the relevant provisions of the Regulations of 2015.

While every effort is made to issue a decision on each application as soon as possible, current processing times may vary having regard to the complexity of the application and the possible need for the EU Treaty Rights Review Unit to seek further information. The person concerned can be assured that there will be no avoidable delay in having their case brought to finality. In the meantime they have been granted a temporary permission until late September 2023.

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.

An Garda Síochána

Questions (533)

Emer Higgins

Question:

533. Deputy Emer Higgins asked the Minister for Justice if he will provide a breakdown of the number of complaints of assault made by taxi drivers while on duty for each of the years 2018 to 2023; and if he will make a statement on the matter. [26131/23]

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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 recording of information on the Garda PULSE system. As Minister, I have no role in such matters.

I am advised by the Garda authorities that the occupation of a victim of any crime is not recorded in a structured manner on PULSE, and neither is there a crime incident type specific to taxi drivers. As a result the information requested by the Deputy related to 'assault against taxi drivers while on duty' does not exist and I am unable to provide any statistics related to same.

Office of Director of Public Prosecutions

Questions (534)

Emer Higgins

Question:

534. Deputy Emer Higgins asked the Minister for Justice if he will provide a breakdown of the number of prosecutions for assault against taxi drivers while on duty for each of the years 2018 to 2023. [26132/23]

View answer

Written answers

As the Deputy is aware, the Director of Public Prosecutions (DPP) is fully independent in her functions under Section 2 (5) of the Prosecution of Offences Act 1974 (as amended). As the Office of the DPP is not an agency under my remit as Minister for Justice I have no role in the operations, functions, oversight or governance of that Office. Therefore, I am unable to provide any general or statistical information related to the work of the Director. This includes all breakdowns of prosecutions.

To be of assistance, I contacted the Garda authorities in relation to the number of charges/summons related to the information sought by the Deputy. It should be noted in general however that the number of charges/summons does not equal or equate to the number of prosecutions as there are a number of reasons why a charge/summons may not proceed to Court.

I have however been advised by the Garda authorities that the occupation of a victim of any crime is not recorded in a structured manner on PULSE and neither is there a crime incident type specific to taxi drivers. As a result the information requested by the Deputy related to 'assault against taxi drivers while on duty' does not exist and I am unable to provide any statistics related to same.

Penal Policy Review Group

Questions (535)

Patrick Costello

Question:

535. Deputy Patrick Costello asked the Minister for Justice if he will provide an update on the Programme for Government commitment to establish a Penal Policy Consultative Council to advise on penal policy. [26134/23]

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Written answers

The Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform.

In respect of delivering on this commitment, the Review of Policy Options for Prison and Penal Reform 2022-2024 was published in August 2022. This review is an important development as we seek to reduce crime, prevent offending and make everyone safer.

As the Deputy is aware, the review contains 6 priority penal policy actions and 15 complementary actions. Progress has already been made in a number of relevant areas, and in some instances these actions form part of distinct, focused criminal justice strategies.

Action 5 of the review commits to establishing a Penal Policy Consultative Council, which would provide advice to the Minister on matters relating to penal policy. Work is progressing in relation to this matter.

Prison Service

Questions (536)

Patrick Costello

Question:

536. Deputy Patrick Costello asked the Minister for Justice the status of the unpublished Dóchas prison reports by the Inspector of Prisons; when such reports will be published; and if he will make a statement on the matter. [26135/23]

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Written answers

The Office of the Inspector of Prisons (OIP) was established under the Prisons Act 2007 and is independent in how it carries out its functions. The Inspector's role is to carry out regular inspections of prisons. The OIP has submitted a number of reports relating to Mountjoy Women’s Prison (Dóchas Centre) which have not yet been published.The Inspector of Prisons' three day monitoring report of the Dóchas Centre was received in my office in August 2020. The Inspector was requested to carry out an investigation into matters arising in the Dóchas Centre, under section 31(2) of the Prisons Act and this investigation report was submitted in February 2022. It was always intended that these reports would be reviewed for publication together but, based on legal advice received by the Department from the Office of the Attorney General, it is not proposed to publish either of those reports at this time.

In addition, a supplementary report requested by the Minister in relation to matters arising from the section 31(2) investigation was received in July 2022.

Consideration of these reports is ongoing and I am therefore not in a position to publish them or comment further on their contents at this time.

Penal Policy Review Group

Questions (537)

Patrick Costello

Question:

537. Deputy Patrick Costello asked the Minister for Justice if he will provide an update on the penal policy review from 2022; the status of the action plan; the achievements in relation to same to date; and if he will make a statement on the matter. [26136/23]

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Written answers

As background for the Deputy, the Review of Policy Options for Prison and Penal Reform 2022-2024 was published in August 2022.

Core to the Review of Policy Options for Prison and Penal Reform 2022-2024 is the principle that while punishment for those who commit crime is a central element of our justice system, the rehabilitation and reintegration of offenders is at the core of our penal system. The guiding principle is that a trial judge should first consider community and non-custodial sentences before considering a custodial sentence.

The review recognises that non-custodial penalties, particularly supervised community sanctions, play a significant and important role in addressing criminality, reducing reoffending and providing a degree of protection to the public while holding the individual accountable. This is supported by Central Statistics Office figures on recidivism.

Central to the overall approach is the establishment of appropriate mechanisms for raising awareness and understanding of the complex, social context of offending behavior and that this work is more than a question of resource allocation.

The review provides a policy framework to co-design and implement effective, evidence based responses. The action plan includes timeframes and identifies responsibility for delivery as appropriate, which will be incorporated into the relevant Justice Action Plans during the period.

Let me assure the Deputy that progress on implementation of the action plan has been ongoing, with a number of actions and sub actions achieved or nearing completion and in some instances these actions form part of distinct, focused criminal justice strategies.

In relation to key actions, the responsibility for which were shared across my Department, the Irish Prison Service and the Probation Service, a bilateral meeting was held between the Irish Prison Service and Probation Service in April 2023.

Following this, a meeting with my Department, the Irish Prison Service and the Probation Service took place in May 2023, where it was agreed to establish an Implementation Oversight Group (IOG) to ensure key actions, requiring multi-agency coordination, are progressed in the coming years.

While it will be the responsibility of the relevant parties to ensure the actions are pursued in line with the agreed timeline, there are also mechanisms and structures in place in my Department to ensure that all related actions across the various strategies are being viewed holistically and that there is no duplication of oversight.

An Garda Síochána

Questions (538)

Ivana Bacik

Question:

538. Deputy Ivana Bacik asked the Minister for Justice how his Department has addressed the practice of scammers block-booking appointments with the Garda National Immigration Bureau; if he will report on the effect of the launch of the new phone number for the service; and if he will make a statement on the matter. [26140/23]

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Written answers

My Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for customers residing in the Dublin area only. First time registrations and renewals for customers outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network. The allocation of appointments with GNIB is a matter for An Garda Síochána.

As part of the Department’s ongoing work to meet the demand for first-time registration appointments, on 10 January 2022 a Freephone service (1800 800 630) was introduced for customers. The current operating hours are 9am to 5pm Monday to Friday and all appointments for Dublin based customers to register their immigration permission are now issued through this service.

Operators of the Freephone service offer one appointment per call, unless it is for an identifiable family group and this thereby helps to eliminate the possibility of block booking of appointments. Customers can also use this Freephone number to reschedule or cancel an appointment.

25,098 appointments for first time registration were issued to customers between January and the end of April this year. Appointment slots are released up to 3 months ahead, while the earliest appointment currently available is typically within 1 week. 18,114 first time registrations were carried out in the Burgh Quay Registration Office during the same period.

Additionally, the process of renewing immigration permissions for customers residing in the Dublin area moved from an in-person appointment in the Burgh Quay Immigration Office to an online portal in July 2020. To date, over 230,000 applications have been processed through this system. The online renewal application is available at: inisonline.jahs.ie.

My Department's Registration Office customer service team is also available to support customers who may have language difficulties or who may need assistance with translation. A number of multi-lingual videos describing the registration process and what to expect are available on my Department's website www.irishimmigration.ie.

Domestic Violence

Questions (539, 540)

Ivana Bacik

Question:

539. Deputy Ivana Bacik asked the Minister for Justice when the Advisory Group on the Study on Familicide and Domestic Homicide Review will report to his Department; and if he will make a statement on the matter. [26142/23]

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Ivana Bacik

Question:

540. Deputy Ivana Bacik asked the Minister for Justice his views on the need to ensure that a non-prosecutorial report is considered by his Department when domestic homicide occurs here, to enable an appropriate legislative and budgetary response to avoid future such incidents. [26143/23]

View answer

Written answers

I propose to take Questions Nos. 539 and 540 together.

As the Deputy is aware, an independent study was commissioned by my Department into familicide and domestic homicide reviews.

This independent research involved consultations with a wide range of stakeholders, including family members of victims, state agencies and non-governmental organisations, with a view to making recommendations to improve the State's response to familicide and domestic homicide.

I recently met with the victims’ families to inform them of my intention to bring the report to Government which I did today. I will now provide a copy of the final report to the families before publishing it.

Question No. 540 answered with Question No. 539.

Departmental Schemes

Questions (541)

Catherine Connolly

Question:

541. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 535 of 23 May 2023, and in light of the fact that the scheme was limited to 500 people, and 450 have been offered a place, if the remaining 363 applications are being processed to fill the remaining 50 places; if not, whether there is an intention to increases the number of people who will be allowed to come to Ireland under the scheme, with particular reference to, if there is no increase planned, the reason all of the applications were not accessed prior to deciding who would get the limited places, the basis upon which it was decided to prioritise and accept some cases for approval prior to all cases being assessed, or if the scheme is to be extended beyond 500, whether spaces will be provided for all; and if he will make a statement on the matter. [26156/23]

View answer

Written answers

I understand that this is a difficult situation for our Afghan community and their loved ones. My Department has to date issued 450 approvals for beneficiaries under the Afghan Admission Programme.

The impetus behind the Afghan Admission Programme has always been a humanitarian one of reaching out to our Afghan community, including the Afghan Council. It was in this spirit that my Department contacted applicants directly to gather the required documents where applications were missing important information such as proof of identity and familial relationships.

It is in this spirit of humanitarianism and pragmatism that I have asked my Department to continue working on the remaining applications. My Department is currently examining the applications on hand that meet the criteria of the Afghan Admission Programme. A decision on admissions will be made soon.

An Garda Síochána

Questions (542)

Mick Barry

Question:

542. Deputy Mick Barry asked the Minister for Justice the number of suspected crimes reported to each Garda station in the Cork city area for 2020, 2021 and 2022; and if he will make a statement on the matter. [26220/23]

View answer

Written answers

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.

Figures in respect of suspected crime reported to Gardaí in Cork, by station, can be found on the CSO website at the link below. However, it is worth noting that crime statistics Q1 2023 are not yet available and are due to be published by the CSO in the coming month.

data.cso.ie/table/CJA07.

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