Written Answers Nos. 48-70
56. Deputy Pádraig O'Sullivan asked the Minister for Justice if she will outline the subgroups established as part of the expert forum on anti-social behaviour; if she will provide an update on the most recent meeting; and if she will make a statement on the matter. [33956/23]
View answerThe Government is committed to tackling anti-social behaviour and a number of priority actions are contained in the Programme for Government and Justice Plan 2023 to reduce instances of such behaviour and help people to be safe and feel safe in their local communities.
A number of actions have been proposed and are being implemented by Government. These include:
• Giving An Garda Síochána the tools and technology to fight crime in a digital era by rolling out improved CCTV and body worn cameras.
• Enacting strong new legislation to the illegal use of scramblers.
• Giving local people and local representatives a real say in how to make their communities safer through the new Community Safety Partnerships.
• Using community sanctions to address criminality, reduce reoffending and provide protection to the public.
• Enacting new legislation to criminalise the grooming of children to commit criminal offences.
• Supporting communities through the Greentown project to break the link between the gangs and the vulnerable children they try to recruit.
The Anti-Social Behaviour Forum, which I chair, is examining a broad range of issues, with a focus on developing measures which will address the factors which give rise to anti-social behaviour and its impact on community morale and quality of life. The causes of anti-social behaviour are multi-faceted, including addiction, unemployment, social and economic issues.
Members of the Forum are drawn from a number of State agencies, including An Garda Síochána, the Probation Service and key Government Departments, as well as a broad representation of community, business, academic and other experts.
Three subgroups of the Forum have been established to consider the specific issues of knife crime, the misuse of scramblers and quadbikes, and responses to Anti-Social Behaviour impacts on housing complexes managed by Approved Housing Bodies (AHBs). Similar sub-groups can be established to examine other issues as required.
As stated in Justice Plan 2023, the Anti-Social Behaviour Forum will also carry out a review of the powers available to An Garda Síochána in relation to public order and anti-social behaviour, to include the effectiveness of Anti-Social Behaviour Orders. This work is ongoing and I will provide an update on progress in due course.
The forum met most recently on Tuesday 27 June 2023. The Department of Transport gave a presentation on their initiatives to combat anti-social behaviour on public transport with valuable input from representatives of the National Transport Authority and Dublin Bus. I am pleased to inform the Deputy that moving forward, the Department of Transport will now sit as a member of the forum for future meetings.
57. Deputy Gino Kenny asked the Minister for Justice what the new processes are that she introduced in 2022 to designate ‘safe countries of origin’; and if she will make a statement on the matter. [34024/23]
View answerSeeking international protection is a human right and it is important to note at the outset that all International Protection applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin.
My Department's overarching objective is to ensure that applications are dealt with fairly and efficiently within the framework of Ireland's international obligations.
Under Section 72 of the International Protection Act 2015 the Minister for Justice may make an order designating a country a safe country of origin. In deciding to make such an order, the Minister must be satisfied that, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently no persecution in the country in question. The Minister must furthermore be satisfied that no torture or inhuman or degrading treatment or punishment applies and that no threat exists by reason of indiscriminate violence in situations of international or internal armed conflict.
An applicant from a safe country of origin is afforded the opportunity to submit grounds, in writing and at interview, as to why their country is not safe for them and those grounds are given due consideration. Furthermore, all applicants have the right to appeal a negative recommendation by the International Protection Office to the International Protection Appeals Tribunal.
On 8 November 2022, I signed into law an order to establish an accelerated decision-making process for international protection applicants from safe countries of origin. These arrangements are designed to support our fair and efficient rules based system. Applicants from a safe country of origin receive a date for interview on the same day that they apply for international protection, with that interview usually taking place in three weeks of making the application. The median processing time at first instance for such applications at now less than three months, down from 18 months over last year.
It is important to emphasise that accelerated processing does not involve any reduction in the comprehensiveness or fairness of the interview and determination process, which is subject to ongoing quality assurance. Moreover, a range of supports are available to the applicant including assistance in completing the application, as well as and legal advice and representation, which is provided by the independent Legal Aid Board.
62. Deputy Alan Farrell asked the Minister for Justice to report on implementation progress with regard to the Justice Plan 2023; and if she will make a statement on the matter. [33473/23]
View answerJustice Plan 2023, was published earlier this year. It builds on the work outlined in Justice Plans 2021 and 2022, and outlines a wide range of actions under the Department's five strategic goals.
This plan sets out in detail a significant work programme to be undertaken by the Department of Justice this year. Building on work already completed or progressed under previous Justice Plans, it contains updated actions in areas such as policing, anti-social behaviour, DSGBV, civil law, immigration and family law.
In particular, this year, Justice Plan 2023 has delivered on:
• Delivering the Zero Tolerance Strategy to tackle domestic, sexual and gender based violence
• Progressing the enactment of the Criminal Justice (Miscellaneous Provisions) Bill which is currently before the Houses
• to make stalking and non-fatal strangulation standalone criminal offences
• to increase the sentence of conspiracy to murder from 10 years to life in prison, a key measure to tackle gangland crime and those who direct it
• to double the maximum sentence for assault causing harm – one of the most common offences in domestic violence cases – from five years to ten years
• Progressing the Recording Devices Bill to improve use of CCTV, and to provide for Body worn cameras and Automatic Number Plate Recognition - to be considered at report stage in the Dáil this week.
• Progressing implementation of the National Family Justice Strategy 2022-2025, to create for a family justice system for the future
• The approval of the judicial planning working group by Government and the appointment of new judges
• Published the International Protection Modernisation strategy 2023-2024 setting out a suite of International Protection Reforms and highlighting the significant improvements in processing times for cases.
• Enacted the Courts and Civil Law (Miscellaneous Provisions) Act 2023 rebalancing the duty of care for businesses, community groups and clubs.
• Commenced the Communications (Retention of Data) (Amendment) Act 2022 to facilitate necessary access to certain communications data to protect national security and tackle serious crime.
• Enacted the Sex Offenders (Amendment) Act 2023 to strengthen monitoring and management of sex offenders.
Progress on delivery of Justice Plan 2023 is monitored and reviewed throughout the year by the Management Board of the Department and by myself and Minister Browne. As committed to in previous years, in keeping with our commitment to transparency and accountability for the vital work we do on behalf of the people of Ireland, progress reports will be published on all actions twice a year.
63. Deputy Jennifer Murnane O'Connor asked the Minister for Justice for an update on the Carlow women’s refuge. [33820/23]
View answerThe Government are committed to doubling of the number of refuge places to 280 as part of our Zero Tolerance Plan, the Third National Strategy to tackle domestic, sexual and gender based violence.
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. In addition, the enactment of legislation to provide for a new agency in January 2024 to deliver refuge spaces is a key priority.
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.
Development of 28 refuge units is underway in Wexford, Dundalk and Navan to be delivered by end 2024. There will be 98 refuge units in priority locations delivered by end 2025 along with a further 19 additional and upgraded units by the end of the Strategy.
Tusla is continuing to support the process of developing a refuge for Carlow, and is also is supporting Carlow’s Women’s Aid to progress a number of Safe Home units (4) in Carlow.
On the refuge, a group of local stakeholders associated with the local domestic violence network established the Carlow Refuge Development Advisory Group, and there has been considerable engagement with Tusla over the past six months.
A process was undertaken by the group to identify possible organisations interested in taking a lead on developing a refuge in Carlow.
This early-stage process was concluded in June and a report was submitted to Tusla with recommendations that will inform the next steps and timeline for the development of the Carlow domestic violence refuge.
64. Deputy Darren O'Rourke asked the Minister for Justice if there are plans to establish a dedicated transport police to ensure safety on public transport; and if she will make a statement on the matter. [33976/23]
View answerThe safety and security of both public transport passengers and staff, including arrangements to deal with anti-social behaviour, are important matters that must be managed by every public transport company, in conjunction with An Garda Síochána where appropriate.As the Deputy will be aware, the Garda Commissioner is responsible for the management of An Garda Síochána, including all operational policing decisions. As Minister, I am unable to direct the Commissioner in regards to deployment of resources. The Commissioner is on record as stating that he does not propose to establish a dedicated transport policing unit, as he is of the view that the policing needs of public transport can be better met through community policing.
I can also inform the Deputy the Expert Forum on Anti-Social Behaviour, chaired by Minister of State Browne, met most recently on 27 June. The Department of Transport – which has now joined the Forum – gave a presentation on their initiatives to combat anti-social behaviour on public transport with valuable input from representatives of the National Transport Authority and Dublin Bus.
I am advised that a range of regional and local operations have been put in place by Gardaí to prevent and detect criminal activity on public transport. For example, Operation Saul is implemented across the Dublin Region. The aim of Operation Saul is to provide a safe environment for commuters utilising all public transport services in the DMR together with reassuring the citizens, visitors and the business community in Dublin is a safe place in which to visit, socialise, conduct business and enjoy all its amenities. Operation Saul involves the effective management and planned delivery of all working resources in the DMR to ensure the delivery both an overt and covert policing response on board Bus, Luas, Dart and Train services to effectively tackle anti-social behaviour, public order and criminal activity, on a daily basis.
Under Operation Saul, each Chief Superintendent within the DMR ensures continued collaboration with key transport stakeholders and providers along with Local Authorities to ensure an integrated approach at Key High Risk periods of the year identified in the DMR Roads Policing Plan.
Finally, I understand that there is ongoing communication between An Garda Síochána and the transport control centres, and access to good quality CCTV can provide assistance to Gardaí when investigating serious incidents. Minister Harris recently opened the new Garda Síochána DMR Control Centre based at the National Train Control Centre at Heuston Station in Dublin. This state-of-the art new premises, which will house the operations of call takers and dispatchers, is another step forward in modernising An Garda Síochána and strengthening links with public transport operators. This call and dispatch centre, located on a floor in the new National Train Control Centre in Heuston Station, is the nerve centre to Garda operations in the Dublin Metropolitan region and the personnel working there are the people at the frontline taking sometimes the most challenging and time-sensitive calls.
65. Deputy Gino Kenny asked the Minister for Justice if she will grant general employment permit holders full access to the labour market after two years rather than five years currently; and if she will make a statement on the matter. [34025/23]
View answerI can advise the Deputy that the criteria and conditions for obtaining employment permits are set by the Department of Enterprise, Trade and Employment. My Department’s role relates to the immigration rules and procedures that apply to persons granted an employment permit by that Department. Both Departments work closely together to ensure that Ireland's labour market migration arrangements are fair, efficient, and responsive to the needs of Irish society and economy generally.
To provide full access to the labour market to all employment permit holders after 2 years would require the Department to engage with other stakeholders including other government departments as appropriate.
The arrangements for labour migration distinguish between occupations deemed "general" or "critical", with the Department of Enterprise, Trade and Employment determining the list of occupations in each respective category.
I can advise the Deputy that a Stamp 1 immigration permission is granted by my Department to a non-EEA national that has been granted a general employment permit. This immigration permission allows the holder to work in the State for a named employer and is reckonable as residence when applying for citizenship by naturalisation. The immigration permission is renewable in the normal course subject to the employment permit being renewed.
Persons holding a Critical Skills Employment Permit, subject to having complied with their previous immigration and employment permit conditions, can apply for a Stamp 4 immigration permission after 2 years. This allows the holder to take up employment in the State without the requirement of an employment permit.
Where a person has held employment permits and residence permissions for the previous five years, it is open to them to apply for a Stamp 4 immigration permission. It will also be open to them to apply for Long Term Residency, which if granted, would allow them to work in Ireland for a further five years without the need for an employment permit.
It is important to state that it is also open to the holder of a general employment permit to apply for a Critical Skills Employment Permit to the Department of Enterprise Trade and Employment subject to the conditions of that permit being met.
I can further advise the Deputy that work is underway to revise the current system whereby employment permits and immigration permissions are dealt with separately, with a view to improving the user experience and enhancing Ireland’s competitiveness in attracting skilled migrant workers. The Government agreed in principle late last year that a single application procedure for employment permits and immigration permissions should be developed and that an Inter Departmental Working Group should be established to develop an implementation plan for consideration by Government.
The Inter-departmental Working Group is examining the operational, policy and legal considerations of simplifying the process for employment permits and immigration permissions to improve on timelines to secure critical skill workers. The Working Group aims to report back to government with an implementation plan and associated timelines later this year. The Working Group’s report will also allow Government to consider opting-in to the recast EU Single Permit Directive at a future date.
These and other aspects of the immigration arrangements for labour market migration are kept under ongoing review, in close consultation with my colleague, the Minister for Enterprise, Trade and Employment, and other relevant stakeholders. I will of course share the Deputy's views on this matter with my colleague.
66. Deputy Ruairí Ó Murchú asked the Minister for Justice if she will provide an update on any progress made on advancing duty-of-care legislation; and if she will make a statement on the matter. [33960/23]
View answerThe Courts and Civil Law (Miscellaneous Provisions) Act 2023 was signed by the President on 5 July. The Act amends the Occupiers’ Liability Act 1995, reforming the duty of care legislation - a key insurance reform measure.
I intend to commence provisions of the Act including those in relation to Occupier's Liability in the coming weeks.
These provisions strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.
The amendments, which build on a Review Paper prepared by the Department of Justice in February 2021 contain four key developments:
• they will reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;
• they change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;
• they limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence; and
• they allow for a broader circumstance where it can be shown that a visitor or recreational user has voluntarily assumed a risk.
These measures represent a key action under the Government’s Action Plan for Insurance Reform, and underscore the Government's commitment to making insurance more affordable for consumers, businesses and community groups.
67. Deputy Bernard J. Durkan asked the Minister for Justice the efforts currently in hand to ensure an adequate number of gardaí by way of recruitment or delayed retirements to ensure the adequate strength of the force; and if she will make a statement on the matter. [33971/23]
View answerThe Government is committed to ensuring An Garda Síochána has the resources it needs to deliver on the goal of ensuring communities around Ireland are safe and feel safe.
As Minister, I regularly engage with the Commissioner to ensure An Garda Síochána have the necessary resources to deliver on the level of recruitment to keep people safe.
As of the end of May 2023, there were 13,927 Garda members across the country. This represents an increase of over 8% since 2015 when there were 12,816 Garda members throughout the country.
The unprecedented €2 billion plus budget in 2023 is allowing for the continued recruitment of Gardaí and Garda staff and we are seeing Garda recruits enter Templemore every 11 weeks. There are currently 370 recruits in the Garda Training College, with another class entering the college at the end of July.
An Garda Síochána also recently launched a new recruitment campaign, which closed on 14 April 2023 and in combination with those who have deferred, will provide a stream of candidates for the next and future intakes. It is welcome that almost 5,000 people applied to this recruitment round, which is in line with previous recruitment campaigns which took place before recruitment was paused due to Covid-19.
The next Garda recruitment competition is expected to take place later this year or early next year, which will further secure a strong pipeline of candidates.
With regards to retirements, the current retirement age for Gardaí is effectively 60 years of age. However, under the Garda Síochána (Retirement) (No. 2) Regulations 1951 (S.I. No. 335/1951), the Commissioner may seek the Minister’s consent to extend the retirement age of a member of An Garda Síochána if, in the Commissioner’s opinion, the member possesses some special qualification or experience of benefit to the service. The member’s retirement age may be extended, with the Minister’s consent, by the Commissioner for a period not exceeding five years. Approximately 102 such extensions have been granted since 2020.
68. Deputy Matt Carthy asked the Minister for Justice the actions she intends to take in response to the report from a scoping exercise into the death of a person (details supplied). [33958/23]
View answer73. Deputy Matt Carthy asked the Minister for Justice if she will now implement the decision of Dáil Éireann in 2018 to establish an independent public inquiry into the death of a person (details supplied) and the actions of State agencies in respect of this case before, and subsequent to, their death. [33738/23]
View answer82. Deputy Brendan Smith asked the Minister for Justice the status of the recent report into the death of a person (details supplied); and if she will make a statement on the matter. [33996/23]
View answerI propose to take Questions Nos. 68, 73 and 82 together.
As the Deputy is aware, on the 3rd of July my Department published the report of Judge Gerard Haughton arising from the scoping exercise into the circumstances surrounding the tragic and untimely death of Shane O’Farrell, aged 23 in August 2011.
I understand that Shane’s tragic death will always be a source of immense loss and hurt to those who loved him and for the wider community.
Judge Haughton was appointed by Minister Flanagan in 2019 to carry out a scoping exercise in light of the public controversy surrounding the circumstances of Shane's tragic death. The purpose of the exercise was to advise the Minister as to whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.I would like to thank Judge Haughton who conducted the scoping exercise and all of those who cooperated with this process. His diligent work has resulted in a thorough and comprehensive 416 page report.
In his report, Judge Haughton has concluded that there are no circumstances surrounding the death of Mr O’Farrell which warrant further investigation or inquiry beyond those already carried out; and further that no inquiry is necessary into the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of Shane O'Farrell's death.Judge Haughton makes a number of recommendations regarding bail and suspended sentences legislation, amendments to the Road Traffic Act, and in relation to notices of appeals administered by the Courts Service. These recommendations when fully implemented will strengthen our system of justice.
I would encourage members and anyone interested in the circumstances of the tragic death of Shane O'Farrell to take the time to read and consider the contents of Judge Haughton's report, his conclusions and the recommendations he makes.
69. Deputy Ruairí Ó Murchú asked the Minister for Justice when it is expected that the new county registrar for County Louth, based in Dundalk Courthouse, will commence in the position, which has been vacant for 18 months; and if she will make a statement on the matter. [33959/23]
View answerUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions.
The Courts Service Act 1998 sets out the nature of the relationship between the Courts Service and the County Registrar. The post of County Registrar is a statutory officer appointed by the Government, with a number of different roles, including under-sheriff and returning officer functions.
When such posts become vacant, arrangements are made with the Courts Service and the Public Appointments Service to run an open recruitment competition to identify suitable persons for recommendation to Government for appointment.
I can confirm that a competition was run through the Public Appointments Service to fill the vacancy referred to by the Deputy. This process is now complete and I am pleased to say that Government approved the appointment of a new Registrar for Louth today. I wish the new Registrar well in their new role.
70. Deputy Éamon Ó Cuív asked the Minister for Justice the number of current applications on hand in her Department for citizenship; the average time it is taking to make a decision on an application for citizenship from the time an application is received; the steps being taken to reduce the time of processing; and if she will make a statement on the matter. [33963/23]
View answerI am deeply conscious of how important the granting of naturalisation is to all of those who apply for it. My Department is aware that delays in processing times are frustrating and disruptive for applicants, and we are working hard to improve the position.
The current backlog in citizenship application processing has arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic.
The median processing time for applications currently stands at 19 months. The number of applications currently at hand at the end of June is 31,610, of which approximately 10,000 were received in the first six months of this year.
To date in 2023, 6,061 naturalisation certificates have already issued and I can further advise the Deputy that approximately 8,700 of the applications on hand have in fact received a positive decision and are now in the process of making their final payment and/or being scheduled to attend the next citizenship ceremony.
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 to help make it more efficient and reduce the amount of time it takes. 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 also introduced to help applicants to complete their applications, and a new eVetting mechanism has been put in place.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to regularly communicate with all applicants on a quarterly basis into the future, to keep them updated on the status of their application.
