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Tuesday, 4 Jul 2023

Written Answers Nos. 438-454

An Garda Síochána

Questions (438)

Catherine Murphy

Question:

438. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí, by rank, attached to each district community policing units within the Kildare Garda division as of 31 December 2021 and 28 June 2023, in tabular form. [32673/23]

View answer

Written answers

Community policing is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.

I want to emphasise that community policing is at the heart of An Garda Síochána, and that all Gardaí have a role to play in community policing in the course of carrying out their duties.

As the Deputy will be aware, the Garda Commissioner is by law responsible for the management of An Garda Síochána, including the distribution of Garda members between the different Garda units and Divisions. As Minister, I have no direct role in these matters.

I am however assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.

The Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. Funding has been provided for up to 1,000 new Gardaí this year and we are seeing more Garda recruits enter Templemore every 11 weeks.

I am advised by the Garda authorities that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that member is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality of life issues in a specified geographic area through partnership and engagement.

I am also advised that in some rural areas, the existing personnel will form CPTs. They will have dual functions as first responders and community policing members. Additionally, CPTs will be augmented by Community Support Gardaí who will perform frontline duties and will be assigned a particular Community Policing Area to support dedicated Community Gardaí.

I understand that each Division will have a number of CPTs assigned to it, consisting of an Inspector, Sergeant and Community Policing Gardaí. CPTs will prioritise engagement with communities for the delivery of long-term sustainable solutions to community needs.

I can inform the Deputy that at end December 2021 there were 9 Community Gardaí assigned to Kildare Division. I am advised that the number of Community Gardaí in the Division has increased slightly with 10 Community Gardaí assigned to the Division at end May 2023, the latest date for which figures are available.

The tables below which have been provided to me by the Garda authorities breaks down these Community Gardaí by station for the years requested. Please be advised that these figures are operational and may be subject to change.

Community Policing Kildare Division - 31/05/23

Sergeant

Garda

Total

Athy

1

1

Clane

1

1

Kilcullen

1

1

Kildare

0

Celbridge

1

1

Kilcock

1

1

Leixlip

1

1

Maynooth

1

1

Naas

1

1

2

Newbridge

1

1

Total

1

9

10

Community Policing Kildare Division - 31/12/2021

Sergeant

Garda

Total

Athy

1

1

Clane

1

1

Kilcullen

1

1

Kildare

0

Leixlip

3

3

Maynooth

1

1

Naas

1

1

Newbridge

1

1

Total

0

9

9

An Garda Síochána

Questions (439)

Catherine Murphy

Question:

439. Deputy Catherine Murphy asked the Minister for Justice the number of stables currently in use by the Garda mounted unit; and the number of kennels currently in use by the Garda dog unit. [32675/23]

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Written answers

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 allocation 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.

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters. As Minister, I have no role in these matters, nor can I direct the Commissioner with regard to them.

I am, however, assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.

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 D/Chief Superintendent, Operational Support Services.

I am advised that there are 15 stables in the Garda Mounted Unit facility in Áras an Úachtaráin, Phoenix Park. There are also two locations utilised by the Garda Mounted Unit excluding the Phoenix Park. The Landmark Trust Mews, Merrion Square, (two standing stalls and two stables) and Dublin Castle (two standing stalls) are occasionally utilised by the Garda Mounted Unit when on extended patrols in Dublin City Centre and the horses require rest or feeding.

I am further advised that the Garda Dog Unit is based at Kilmainham Garda Station, in the Dublin Metropolitan Region and has a national remit under the direction and control of Assistant Commissioner, Organised and Serious Crime, the strategic control of Detective Chief Superintendent, Operational Support Services and the operational control of Superintendent, Operational Support Services.

In addition, there are regional Dog Units based at Cork and Limerick in the Southern Region. The units at Cork and Limerick are under the direction of Assistant Commissioner, Organised and Serious Crime and the operational control of local Garda Management.

I am informed there are six dog kennels in the Garda Dog Unit, Kilmainham, all in use. There are two dog kennels in the Garda Dog Unit, Henry Street, Limerick and two dog kennels in the Garda Dog Unit, Douglas Garda Station which are also in use.

Departmental Expenditure

Questions (440)

Catherine Murphy

Question:

440. Deputy Catherine Murphy asked the Minister for Justice if a full breakdown will be provided of the capital expenditure, including in Vote 20, by programme for 2022, in tabular form. [32676/23]

View answer

Written answers

A breakdown of the capital expenditure for 2022 for the Justice, Garda, Prisons and Courts votes is outlined in tabular form below.

Justice (Vote 24)

Area of Expenditure

Amount€ 000

Additional Information

ICT

1,837

Mainly relates to the Department's ICT Modernisation Programme

Capital Buildings

28,031

Completion of new Forensic Science Laboratory in Backweston, Co. Kildare

Capital Carryover from 2021 to 2022

5,122

Completion of new Forensic Science Laboratory

Total

34,990

Garda (Vote 20)

Area of Expenditure

Amount€ 000

Additional Information

ICT

88,272

Relates to ongoing support ICT costs and the Garda ICT Modernisation Programme

Capital Buildings

64,720

Relates to the Garda capital building and refurbishment programme including the completion of the Military Road, Dublin 8 building project in 2022

Transport

16,832

Investment in the Garda transport fleet

Communications Technology

1,390

Upgrade of existing systems and investment in new Garda communications technology

Total

171,214

Prisons (Vote 21)

Area of Expenditure

Amount€ 000

Additional Information

ICT

3,607

Upgrade of ICT systems in the prisons

Capital Buildings

23,148

Relates to the capital building and refurbishment programme in the prisons including the completion of the redevelopment of Limerick Prison project

Transport

2,076

Investment in the prison transport fleet

Capital Carryover from 2021 to 2022

3,601

Completion of the project in relation to the redevelopment of Limerick Prison

Total

32,432

Courts (Vote 22)

Area of Expenditure

Amount€ 000

Additional Information

ICT

17,147

Relates to ongoing support ICT costs and the Courts Modernisation Programme

Courthouse Capital Works

3,939

Relates to the capital building and refurbishment programme in the Courts Service including the purchase of certain sites

Public Private Partnership (PPP) costs

37,016

PPP annual repayment costs – CCJ €22.227m and regional locations €14.739m

Capital Carryover from 2021 to 2022

3,648

ICT investment €0.75m and courthouse capital works €2.898m

Total

61,750

There is no capital provision in the Policing Authority (Vote 41) and the Data Protection Commission (Vote 44).

Departmental Appointments

Questions (441)

Patrick Costello

Question:

441. Deputy Patrick Costello asked the Minister for Justice to provide an update on the process of appointing two further commissioners to the Data Protection Commission; the date upon which they will be in position; and if she will make a statement on the matter. [32748/23]

View answer

Written answers

The Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.

The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy. My Department’s role is to ensure that the Data Protection Commission, which is independent in its functions, continues to have the resources required to fulfil its important, statutory obligations.

In line with this commitment, on 27 July 2022, Minister McEntee announced that the Government had approved commencement of the process to appoint two additional Commissioners to support the evolving organisational structure, governance and business needs of the Data Protection Commission.

The appointments referred to are to be made in accordance with Section 15 of the Data Protection Act 2018, which provides for up to three Commissioners to be appointed. Section 15 (5) of the Act specifies that the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose.

The terms and conditions of the appointments have recently been agreed by the Minister for Public Expenditure NDP Delivery and Reform. The preparatory work for the selection competition is well advanced with the positions to be advertised in due course.

An Garda Síochána

Questions (442)

Catherine Murphy

Question:

442. Deputy Catherine Murphy asked the Minister for Justice the number of and a breakdown of the categories of reports filed with An Garda Síochána in respect of e-bike and e-scooters in 2022 and to date 2023. [32789/23]

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 management and administration of An Garda Síochána, including all operational policing matters. As Minister, I have no role in these matters, nor can I direct the Commissioner with regard to them.

The table below, provided to me by the Garda authorities, outlines the number of incidents recorded on the PULSE database involving E-bikes and E-scooters for 2022 up to 29 June 2023, broken down by nature of the incidents.

E-Scooters / E-Bikes

2022

2023 (up to 29 June)

Grand Total

Unauthorised Taking/Stolen

1261

692

1953

Traffic Collision FATAL and SERIOUS

36

18

54

Traffic Collision NON SERIOUS INJURY

117

68

185

Seizures

68

35

103

It is worth noting, incident counts are based on the date of reporting to An Garda Síochána and were collated based on PULSE data as of 29 June 2023. Crime counting rules have not been applied, to reflect all recorded incidents.

Departmental Policies

Questions (443)

Jennifer Whitmore

Question:

443. Deputy Jennifer Whitmore asked the Minister for Justice if, in light of the UN's recommendation that Ireland raise the age of criminal responsibility from 12 to 14 years, the age limit is currently being reviewed, what next steps are planned in relation to this; and if she will make a statement on the matter. [32817/23]

View answer

Written answers

As the Deputy may be aware statutory provision in relation to the age of criminal responsibility in the State is set out in section 52 of the Children Act 2001 (as amended). The Criminal Justice Act 2006, which amended the Children Act, effectively raised the age of criminal responsibility from 7 years of age to 12 years of age and provided in general that children under the age of 12 years may not be charged with an offence.

The Children Act includes provision to prosecute children aged 10 to 11 but only for the most serious crimes which are specified in the Act. This provision has never been used. Children aged 12 and 13 can be prosecuted but only with the consent of the Director of Public Prosecutions and for the most serious crimes.

There is a further safeguard in the legislation whereby the court has the power to dismiss a case against a child under 14 years of age if "having due regard to the child's age and level of maturity, it determines that the child did not have a full understanding of what was involved in the commission of the offence".

For most children and most crimes our effective age of criminal responsibility is 14. We then divert children from the criminal justice system as far as possible. When diverted, they are under the care of a specialist police officer and a specialised youth service (Youth Diversion Programmes).

As part of the Youth Justice Strategy 2021-2027, my Department reviewed the age of criminal responsibility and decided on no change. There are no current plans to review the age limit further.

Departmental Priorities

Questions (444)

Ivana Bacik

Question:

444. Deputy Ivana Bacik asked the Minister for Justice if her Department is on schedule to publish the Defamation (Amendment) Bill in Quarter 4 of 2023; if she plans to remove removal of jury trials in defamation actions from the scope of her Department’s review of the law on defamation in view of the recent decision of the Supreme Court in Higgins v. the Irish Aviation Authority; and if she will make a statement on the matter. [32837/23]

View answer

Written answers

On 28 March 2023, Government approved publication of the General Scheme of the Defamation (Amendment) Bill to reform our defamation legislation.

The General Scheme takes into account recommendations of the report of a major review of the Defamation Act, 2009, which was carried out by my Department and which I published in March 2022.

The General Scheme provides for the removal of juries in High Court defamation proceedings in line with the general consensus amongst the submissions received during the Defamation review.

As the Deputy will be aware, juries are not common in civil proceedings so their involvement in defamation proceedings is one of a small number of exceptions rather than the norm.

Notwithstanding the Supreme Court judgment in Higgins v Irish Aviation Authority, which should bring more clarity to awards in defamation cases and reduce the risk of very disproportionate awards, more generally the determination of cases by judges should result in more consistent outcomes and increase certainty and clarity in this complex area of law by ensuring that, where a defamation case proceeds to hearing in the High Court, there will be a written judgment explaining how the law has been applied, the reasons for the decisions made, and the implications for other such cases.

As the Deputy will be aware, pre-legislative scrutiny of the General Scheme by the Joint Committee on Justice is ongoing. I look forward to receiving the Committee’s report, in due course, which I will consider.

It is my intention, as set out in the Justice Plan 2023, to publish the Defamation (Amendment) Bill in Quarter 4 2023.

Brexit Issues

Questions (445)

Pádraig MacLochlainn

Question:

445. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he will provide a list of financial allocations from his Department under the Brexit adjustment reserve fund; the recipients and the purpose of the allocation for each of the years 2021, 2022 and 2023, in tabular form. [32045/23]

View answer

Written answers

The list of financial allocations from my Department under the Brexit Adjustment Reserve (BAR) Fund for each of the years 2021, 2022 and 2023 is set out below. 

Table 1 2021 BAR Allocation

Sector/Scheme

2021 BAR Allocation €000

Recipient

Horticulture

70

Bord Bia  (mushroom promotion scheme)

Marketing and Processing

7,000

Enterprise Ireland (manage the scheme)

Fisheries

12,000

Bord Iascaigh Mhara (BIM manage the Brexit Temporary Tie-up Scheme)

Total

19,070

Table 2 2022 BAR Allocation 

Sector/Scheme

2022 BAR Allocation €000

Recipient

Horticulture

1,500

Bord Bia & Applicants under the Seed Potato scheme

Marketing and Processing

5,300

Enterprise Ireland (manage the scheme)

Fisheries

33,200

BIM (manage a number of the fishery sector schemes)

Total

40,000

Table 3  2023 BAR Allocation 

Sector/Scheme

2023 BAR Allocation €000

Recipient

Meat and Bone Meal Disposal

20,000

To be determined

Horticulture

9,850

Horticulture Producers/Businesses

Beef

28,000

Beef Farmers

Marketing and Processing

17,000

Enterprise Ireland (manage the scheme)

Equine Supports

1,000

To be determined

Fisheries

162,150

BIM (manage a number of the fishery sector schemes), Local Authorities, Bord Bia

Total

238,000

 

My Department is working closely with the Department of Public Expenditure, NDP Delivery and Reform to maximise the funding from BAR that is available to the various areas within the agri-food sector.

Hare Coursing

Questions (446)

Robert Troy

Question:

446. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if he will outline the rules and penalties which apply for unauthorised and unlicenced entry to a person's land in connection with hare coursing or fox hunting. [32088/23]

View answer

Written answers

Coursing is regulated under the Greyhound Industry Act, 1958, chiefly by the Irish Coursing Club (ICC), subject to the general control and direction of Rásaíocht Con Éireann, Hare coursing is managed and regulated by the Irish Coursing Club.

Unauthorised and unlicenced entry to a person’s land in connection with hare coursing or fox hunting is not a matter for the Minister for Agriculture, Food and the Marine.

Agriculture Supports

Questions (447)

Claire Kerrane

Question:

447. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will advise on what supports his Department will offer to grain growers in the State in relation to recent grain import costs with regard to reports of grain being imported from Ukraine at approximately €160 per tonne, in comparison to current market prices of €202 per tonne for barley, €223 per tonne for wheat and €430 per tonne for oilseed rape; given the effect these important will have on domestic prices and as the harvest season commences; considering grain growers in other EU states, such as Poland and Latvia, have been provided with compensation for losses experienced due to imports of Ukrainian grain; in view of his acknowledgement of a reduction in funding for the tillage sector under the new CAP Pillar 1 measures; and if he will make a statement on the matter. [32137/23]

View answer

Written answers

I am acutely aware of the current challenges facing the tillage sector. The commodity market turmoil caused by the Russian invasion of Ukraine continues, and while we benefitted from record grain prices in 2022, we now face a sharp decline in grain prices on international markets.

I am a strong supporter of the tillage sector and increasing the area under tillage is a major policy ambition of mine. To help deliver on this ambition, I recently established the Food Vision 2030 Tillage Group. This group, which brings together all relevant stakeholders, has been established to advance the actions for the tillage sector identified in the Food Vision 2030 strategy, while also taking account of the targets set out in the Farm to Fork Strategy and the Climate Action Plan 2023.

Ireland is a net importer of cereals to meet our livestock feed requirements. There is therefore tremendous scope to increase the production of Irish grain and protein crops to displace imported feed.

I have backed my commitment to the sector with new and innovative schemes in recent times including the Straw Incorporation Measure (SIM) which has paid €19.5m to tillage farmers since it was launched as a pilot in 2021. The Tillage Incentive Scheme (TIS) launched in response to the invasion of Ukraine has resulted in payment of €10.9m to scheme applicants in 2022. The Tillage incentive Scheme is continuing this year.

In the new CAP Strategic Plan, I secured an increase in the annual budget of the Protein Aid Scheme from €3m to €7m. The successful addition of the Straw Incorporation Measure and the Protein Aid Scheme in the CSP results in a total budget of €85M for tillage between 2023 and 2027. Our new Agri-Environmental Scheme (ACRES) includes a broad range of actions that are relevant to tillage famers while the new Tillage Capital Investment Scheme under TAMS contains a broader range of investments and a higher investment ceiling of €90,000.

Fisheries Protection

Questions (448, 449, 450, 451)

Thomas Pringle

Question:

448. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine to outline the appointment process for Ireland’s two expert representatives on the Expert Committee for Fisheries and Environment, which is being established to advise the Commission on implementation and monitoring of the EU Action Plan: Protecting and restoring marine ecosystems for sustainable and resilient fisheries; and if he will make a statement on the matter. [32247/23]

View answer

Thomas Pringle

Question:

449. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if the positions for Ireland’s two expert representatives on the Expert Committee for Fisheries and Environment, which is being established to advise the Commission on implementation and monitoring of the EU Action Plan: Protecting and restoring marine ecosystems for sustainable and resilient fisheries, will be advertised; and if he will make a statement on the matter. [32248/23]

View answer

Thomas Pringle

Question:

450. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if the positions for Ireland’s two expert representatives on the Expert Committee for Fisheries and Environment which is being established to advise the Commission on implementation and monitoring of the EU Action Plan: Protecting and restoring marine ecosystems for sustainable and resilient fisheries, will be open to experts outside the civil service; and if he will make a statement on the matter. [32249/23]

View answer

Thomas Pringle

Question:

451. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine when it is intended to fill the positions for Ireland’s two expert representatives on the Expert Committee for Fisheries and Environment which is being established to advise the Commission on implementation and monitoring of the EU Action Plan: Protecting and restoring marine ecosystems for sustainable and resilient fisheries; and if he will make a statement on the matter. [32250/23]

View answer

Written answers

I propose to take Questions Nos. 448, 449, 450 and 451 together.

The Action Plan to Protect and Restore Marine Ecosystems for Sustainable and Resilient Fisheries is part of the package of measures published by the European Commission in February 2023 to improve the sustainability of the fisheries and aquaculture sector.

In order to support implementation of the Action Plan, the Commission is creating a new joint group which will bring together Member States' fisheries and environmental authorities. The Commission has indicated that stakeholders will be involved as observers to this group.

As is the case with other similar fora, Ireland will be represented by officials of my Department and other relevant Departments. Technical and scientific experts from Departmental agencies such as the Marine Institute will provide support, where required.

The Commission intends to convene the first meeting of this group in early autumn and will provide Member States with further information soon. My Department will advise stakeholders of developments.

Question No. 449 answered with Question No. 448.
Question No. 450 answered with Question No. 448.
Question No. 451 answered with Question No. 448.

Departmental Correspondence

Questions (452)

Michael Healy-Rae

Question:

452. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an oral hearing for a person (details supplied); and if he will make a statement on the matter. [32290/23]

View answer

Written answers

I wish to inform the Deputy that the Agriculture Appeals Office operates independently of my Department.

I have been informed that the Agriculture Appeals Office received an appeal from the person named on 1st April 2022 and an oral hearing was conducted by the Appeals Officer on 2nd September 2022.

I understand the Appeals Officer has recently been in correspondence with the parties to the appeal and is awaiting replies in order to progress the matter.

I have been assured that once all relevant documentation is received, the appeal will be processed without delay.

Animal Welfare

Questions (453)

Richard Boyd Barrett

Question:

453. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine if he is aware of the appalling conditions that 3,000 bulls and heifers were subjected to on 30 May 2023 on a shipment of cattle that left Greenore Port in Ireland, with the destination of Haifa port in Israel; the animal welfare regulations and inspections that are in place to prevent these cruel conditions; if there are animal welfare agreements in place with countries that Ireland exports livestock to; and if he will make a statement on the matter. [32338/23]

View answer

Written answers

I am aware that a shipment of cattle left Ireland on 30th May, 2023. Animals exported from Ireland must be transported in compliance with EU animal welfare rules, and with Ireland’s national rules for sea transport of livestock introduced by my Department, which go beyond EU rules.

Vessels can only be used after being inspected by a specialised veterinarian and a marine engineer. Each loading of livestock onto dedicated vessels for export to non-EU countries is monitored and supervised by a team of experienced Department officials, both at the assembly centre and at the exit port. The Department assess and approves such voyages only where the requirements of the legislation are met by the operators. The consignment of cattle referred to underwent the required level of supervision and control as outlined above.

Export agreements to third countries are negotiated on a case-by-case basis. My Department is involved in work aimed at supporting and improving animal welfare standards in the EU’s trading partner countries. In cooperation with our EU partners, we work closely with the World Organisation for Animal Health (WOAH) to improve animal welfare practices worldwide. WOAH is the global standard setting body relating to animal health and animal welfare. It is through this forum that we influence standards in other countries.

In summary, live exports are highly valued by the agri-business sector. My Department facilitates this commercial trade while ensuring that live animal exports are carried out in compliance with legislative welfare standards.

Horse Racing Industry

Questions (454)

Paul Donnelly

Question:

454. Deputy Paul Donnelly asked the Minister for Agriculture, Food and the Marine if he will confirm that Horse Racing Ireland publishes figures for racing attendees including everyone who attends, even those who gains free admission, for example, trainers, jockeys, stable staff, bookmakers’ staff, press and so on; and if he will request HRI to provide the number of paying attendees to all events for the past 18 months. [32354/23]

View answer

Written answers

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry.

The question raised by the Deputy is an operational matter for HRI, therefore, the question has been referred to the body for direct reply.

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