Written Answers Nos. 918-933
918. Deputy Pádraig O'Sullivan asked the Minister for Justice the powers An Garda Síochána has to disclose personal information to a victim of a violent crime in relation to their perpetrator; and if she will make a statement on the matter. [28145/23]
View answer919. Deputy Pádraig O'Sullivan asked the Minister for Justice the powers she has granted An Garda Síochána to disclose an alleged perpetrator’s previous convictions where a victim’s life is believed to be in danger; and if she will make a statement on the matter. [28146/23]
View answerI propose to take Questions Nos. 918 and 919 together.
The Zero Tolerance Strategy commits to examining the establishment of a domestic violence register and I can assure the Deputy that work to progress this is continuing as a priority.
Officials in my Department are continuing their examination of the practical and legal issues involved in establishing a domestic violence register. This process includes an examination of the benefits and potential difficulties in formulating the policy and I have requested that policy options be presented to me for consideration before the end of the year.
I have been very clear that I support the establishment of such a register but it must developed and introduced in a way that does not leave it open to challenge and so the policy options presented need to be subject to the completion of this detailed examination process.
Both Minister Harris and I have discussed with Jason Poole the establishment of a domestic violence register.
The recommendations of the recently published National Women's Council report on the Intersection of the Criminal Justice, Private Family Law and Public Law Child Care Processes in relation to Domestic and Sexual Violence will also be taken into consideration as part of the work to progress this.
I'm informed by the Garda authorities that when processing data for law enforcement purposes, our police service is subject of Part 5 of the Data Protection Act 2018 (the 2018 Act), which transposed the Law Enforcement Directive (EU 2016/680) into national law.
Processing for law enforcement purposes is defined under Section 70(1)(a) of the 2018 Act as processing for the purposes of the prevention, detection, investigation, prosecution of criminal offences, including the safeguarding against, and the prevention of, threats to public security, or the execution of criminal penalties.
Personal data processed for law enforcement purposes may be disclosed to a third party where there is a lawful basis for the disclosure for a legitimate purpose, and the processing (i.e. the disclosure) is necessary and proportionate to that purpose.
In the case of disclosure of a perpetrator’s previous convictions in circumstances where a victim’s life is believed to be in danger, Section 55 of the Data Protection Act 2018 refers in respect of the bases that may apply to the lawful processing of personal data for criminal offences and convictions for non-law enforcement purposes (i.e. for purposes subject to GDPR). Section 55(1)(b)(iv) provides that such personal data may be processed where processing is necessary to prevent injury or other damage to the data subject or another person or loss in respect of, or damage to, property or otherwise protect the vital interest of the data subject or another person.
In the case of disclosure of personal information to a victim of a violent crime in relation to the perpetrator, Part 2 of the Criminal Justice (Victims of Crime) Act 2017 refers in respect of the information that may be given to a victim of crime (as defined under that Act) on first contact and regarding investigations and prosecutions in relation to the perpetrator. Section 55(1)(v) of the Data Protection Act provides that personal data in relation to criminal offences and convictions may be processed where permitted in regulations or otherwise authorised by the law of the State.
I’m further informed by the Garda authorities that Operation Devise, which is operating within the Garda National Protective Services Bureau, was set up in 2017 to identify those individuals who have entered into a relationship with a person who has:
1. been previously linked to a domestic homicide whether convicted or otherwise, and
2. where there is evidence of domestic abuse reoccurring in this new relationship.
Operation Devise identifies such parties who could potentially bring high risk to victims of domestic abuse and enhancing Garda attention ensures any necessary safety plans are put in place at the earliest opportunity.
920. Deputy Robert Troy asked the Minister for Justice the process that is in place for Ukrainian nationals here under temporary protection who wish to establish permanent roots and purchase a home in Ireland; and if she will make a statement on the matter. [28151/23]
View answerAs the Deputy will be aware, the activation of the EU Temporary Protection Directive is an emergency provision designed to quickly and humanely respond to the mass displacement of Ukrainian people by Russian aggression. Ireland participates in this EU measure, which was given legal effect under section 60 of the International Protection Act 2015.
Those fleeing the conflict in Ukraine and who meet the criteria set out in the Council Implementing Decision (EU) 2022/382) are eligible for this temporary protection, initially for one year and on a renewable basis, as long as the Temporary Protection Directive remains activated.
The Temporary Protection Directive has been extended to March 2024, so people in Ireland with temporary protection status will retain that status until that date. Subject to a decision by the EU Council, the Directive may be further extended until March 2025.
The approach to be taken when Temporary Protection comes to an end across the EU has yet to be determined, and will be the subject of further deliberation at an EU level, and at a whole of Government level nationally.
921. Deputy Catherine Murphy asked the Minister for Justice the number of staff seconded to her Department from a company (details supplied) in the past ten years to date; the title and/or role they filled; and the duration of same. [28182/23]
View answerI can inform the Deputy that there were no staff seconded to my Department from the company referenced in the past ten years.
922. Deputy Catherine Murphy asked the Minister for Justice the number of instances in which her Department availed of services and or consultancy and or advices from a company (details supplied) in the past ten years to date; the costs of same; the number of contracts between the company and her Department; and the duration and costs of same. [28201/23]
View answerI can inform the Deputy that my Department has not availed of services, consultancy or advices from the company in question in the past ten years.
923. Deputy Mark Ward asked the Minister for Justice the number of psychologists employed in each prison; the number of vacant positions; and if she will make a statement on the matter. [28218/23]
View answerThe role of the Psychology Service in the Irish Prison Service is to deliver, develop and manage an integrated mental health and criminogenic needs assessment and treatment service for people in custody, in line with service plans and objectives, and within established professional standards, guidelines and policy.
I am advised by the Irish Prison Service that the Psychology Service is currently made up of a Head of Service, a Principal Psychologist Manager, a Principal Specialist Psychologist, 13 Senior Psychologists, 22.6 Psychologists and 14 Assistant Psychologists. The latter is a fixed term contract unqualified grade not included in psychologist numbers or psychologists to prisoner ratios. The table below outlines the number of qualified Psychologists post authorised by location, the number currently assigned by location and the number of vacant positions.
I can further advise the Deputy that the Irish Prison Service have scheduled a psychologist recruitment campaign for June 2023 to cover all vacant psychology posts.
|
Location |
Number of Authorised Staff |
Number of Staff Currently Assigned |
Number of Vacant Positions |
|
Irish Prison Service Headquarters |
1 x Head of Psychology Services |
1 x Head of Psychology Services |
0 |
|
Psychology Service HQ (Arbour Hill) |
1 x Principal Psychologist Manager |
1 x Principal Psychologist Manager |
0 |
|
Arbour Hill |
1 x Principal Specialist Psychologist 1 x Psychologist 1 x Senior Psychologist |
1 x Psychologist 1 x Senior Psychologist |
1 x Principal Specialist Psychologist |
|
Castlerea Prison |
1 x Senior Psychologist2 x Psychologist |
1.4 WTE x Psychologist |
1 x Senior Psychologist0.6 WTE x Psychologist |
|
Cloverhill Prison |
1 x Senior Psychologist1.4 x Psychologist |
1 x Senior Psychologist 1 x Psychologist |
0.4 x Psychologist |
|
Cork Prison |
1 x Senior Psychologist2 x Psychologists |
1 x Senior Psychologist2 x Psychologists |
0 |
|
Limerick Prison |
1 x Senior Psychologist 2 x Psychologist |
1 x Senior Psychologist |
2 x Psychologist |
|
Loughan House |
0.6 WTE Psychologist |
0.6 WTE Psychologist |
0 |
|
Midlands Prison |
2 x Senior Psychologist3 x Psychologist |
1 x Senior Psychologist 2 x Psychologist |
1 x Senior Psychologist 1 x Psychologist |
|
Mountjoy Female Prison |
1 x Senior Psychologist 0.6 WTE Psychologist |
1 x Senior Psychologist 0.6 WTE Psychologist |
0 |
|
Mountjoy Male |
1 x Senior Psychologist4 x Psychologist |
1 x Senior Psychologist3 x Psychologist |
1 x Psychologist |
|
Portlaoise Prison |
1 x Senior Psychologist 1 x Psychologist |
1 x Senior Psychologist 1 x Psychologist |
0 |
|
Wheatfield Prison |
1 x Senior Psychologist 3 x Psychologist |
1 x Senior Psychologist 1 x Psychologist |
2 x Psychologist |
|
Irish Prison Service College |
1 x Senior Psychologist |
1 x Senior Psychologist |
0 |
|
Shelton Abbey |
0.6 WTE Psychologist |
0 |
0.6 WTE Psychologist |
|
National Violence Reduction Unit |
1 x Senior Psychologist1 x Psychologist |
1 x Senior Psychologist |
1 x Psychologist |
|
Training Unit |
0.4 WTE Psychologist |
0.4 WTE Psychologist |
0 |
924. Deputy Colm Burke asked the Minister for Justice to provide an update on the application status of a person (details supplied) to the Afghan Admissions Programme; and if she will make a statement on the matter. [28232/23]
View answerThe person referred to by the Deputy made an application to the Afghan Admissions Programme which was received by my Department on 11 March 2022.
I understand that this is a difficult situation for our Afghan community and their loved ones and would like to take this opportunity to assure them that my Department is processing applications under the Afghan Admissions Programme (AAP) as quickly as possible.
Processing of this application is ongoing at present. As each application is examined under its own merits, we are unable to give an exact time frame for completion. We are fully aware that every applicant to the programme has serious concerns for the welfare of their family members and are endeavouring to process all applications as thoroughly and as quickly as possible.
The applicant will be contacted in writing as soon as a decision has been reached.
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.
925. Deputy Richard Boyd Barrett asked the Minister for Justice if a person (details supplied) will be granted their IRP renewal as soon as possible as they have experienced a very lengthy wait and have since been let go from their current employment and cannot access and welfare claims; and if she will make a statement on the matter. [28261/23]
View answerAn online registration renewal application was created by the person referred to by the Deputy on 07 October 2022. This application was the subject of a “Request for Additional Information” which was not responded to by the person concerned and therefore could not be finalised.
It is open to the person concerned to submit a new registration renewal application using the online system available at inisonline.jahs.ie/user/login. They should include their spouse’s Irish passport, their marriage certificate and proof of joint address in support of their application.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
926. Deputy Paul Murphy asked the Minister for Justice if she will expedite the application by a person (details supplied) for family reunification, in order that the child concerned can join school here in September. [28263/23]
View answerI can advise the Deputy that the applications he refers to were created on the 4 February 2023. Supporting documentation was received in the Manila office on the 28 February 2023. The applications were received in the Dublin Visa Office on the 19 April 2023, where they await examination and processing.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
A 12 month target will apply for applications to join Category B sponsors, such as Non Critical Skills Employment Permit Holders or Stamp 4 holders not covered by other more favourable arrangements.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday: www.irishimmigration.ie/visa-decisions/
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.
927. Deputy Brendan Howlin asked the Minister for Justice further to Parliamentary Question No. 1064 of 18 April 2023, if he will ensure that an original passport is returned to a person (details supplied) who submitted it as part of a visa application in respect of their father and which they now require urgently in order to travel for medical treatment; and if she will make a statement on the matter. [28302/23]
View answerI am informed that a response issued from my Department to the person referred to, on 19 May 2023, stating that there is no record of the visa office receiving the original passport. A copy of the passport was received in the visa office and this will be returned to the applicant.
The person referred to was also requested to confirm the address that the documentation should be forwarded to, however no response to this request has been received to date.
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.
928. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of Irish soccer clubs (details supplied) that registered their interest in accessing funds and or investment in the context of the Immigrant Investor Programme in 2020, 2021, 2022 and to date in 2023. [28364/23]
View answerAs the Deputy will be aware, the Government agreed to close the Immigrant Investor Programme (IIP) to further applications from 15 February 2023. The IIP Unit has published a FAQ concerning the closure on my Department's website, which will be updated with any further arising questions from the closure, and is available here: www.irishimmigration.ie/faqs-closure-of-the-immigrant-investor-programme-iip/
As Minister, I do not comment on individual IIP applications.
My Department is committed to ensuring that all applications will be examined on their own merits and will endeavour to conclude all decisions in a timely manner.
929. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the plans being put in place by her Department to address serious backlogs in atypical visa processing (details supplied); and if she will make a statement on the matter. [28374/23]
View answer930. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the steps being taken to ensure adequate staff are available to service the nursing home care sector (details supplied); and if she will make a statement on the matter. [28375/23]
View answerI propose to take Questions Nos. 929 and 930 together.
Ireland’s Atypical Working Scheme (AWS) is designed to accommodate the arrival of non-EEA nationals to fill short term labour gaps for the benefit of our economy. In recognition of the importance of front-line medical personnel, the AWS Unit prioritises these applications.
There has been an unprecedented demand for Atypical Working Scheme permissions in the first three months of this year with a significant increase in the numbers for healthcare workers. Additional resources have been added to manage the scheme recently.
My Department is working to reduce processing times through the modernisation of our systems and the introduction of efficiencies, as well as additional streamlining measures which should also reduce processing times for AWS applications.
My officials will correspond with the cited organisation shortly regarding the issues of concern that they have raised.
The AWS unit continues to liaise with all relevant stakeholders in this area and further information on the Atypical Working Scheme, including the criteria for documents, is available here: www.irishimmigration.ie/coming-to-work-in-ireland/what-are-my-work-visa-options/applying-for-a-long-stay-employment-visa/atypical-working-scheme/
931. Deputy Paul Murphy asked the Minister for Justice in relation to the hundreds of long-term undocumented migrants who applied for the Government scheme in early 2022, who were advised that their applications would be processed by the end of last year but are still waiting on confirmation, if she will ensure that her Department processes these pending applications in a timely manner without any undue delay; if she will provide an expected timeframe for these remaining application; and if she will make a statement on the matter. [28418/23]
View answerAs the Deputy is aware, this once in a generation scheme was designed to give long-term undocumented residents the opportunity to regularise their status, access the labour market legally and begin their path to citizenship. It has provided an opportunity for those who meet its criteria to remain and reside in the State and to become part of mainstream Irish society rather than living on its margins.
I am pleased to advise the Deputy that 84% of all applications under this hugely successful and impactful scheme have been processed since it opened last year.
In total, 6,548 applications were submitted in respect of 8,311 people under the scheme. Of these 5,654 (86%) were Single Applications and 894 (14%) Family Applications. As of 06 June 2023, 4,545 applications have been granted, 900 applications have been refused, and 108 applications have been withdrawn by the applicants for various reasons.
The remaining applications are in the main more complex cases and it is not possible to provide a definitive timeframe for when all cases will be finalised, although every effort is being made to do so without undue delay. Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website.
While every effort is made to process applications as soon as possible, processing times will vary having regard to the complexity of applications, whether it is a single or family application, the supporting documentation, the vetting process with An Garda Síochána, the possible need for the Immigration Service Delivery (ISD) function of my Department to seek further information, and the resources available.
932. Deputy Alan Kelly asked the Minister for Justice the number of WTE forensic analysts working in the Garda national economic crime bureau in 2021, 2022 and to date in 2023, in tabular form; and if this number will be further increased. [28443/23]
View answerAs 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 for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.
The Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented provision of over €2 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.
While the Garda Commissioner is responsible for the general management and administration of the Garda organisation, I am assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.
The Garda National Economic Crime Bureau (GNECB) investigates serious and complex economic crimes. The Bureau operates on a national basis and provides specialist support and guidance to national economic crime investigators. GNECB are assisted by the Garda National Cyber Crime Bureau in respect of analysis of computers as necessary.
I am informed by the Garda Authorities that there are currently five forensic accountants and two analysts attached specifically to the GNECB. I am advised that one analyst started in the GNECB in September 2022 and that prior to 2022 there was no analysts specifically attached to the GNECB. I am informed that a second analyst began working in the GNECB earlier this month.
I am also informed that the Garda Síochána Analysis Service provides assistance to sections across the organisation as required.
933. Deputy Alan Kelly asked the Minister for Justice the number of persons successfully prosecuted for being a passenger in a stolen vehicle in the years of 2021, 2022 and to date in 2023, in tabular form. [28444/23]
View answerAs the Deputy is aware, the management of the courts, as well as its 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 reply.
