Written Answers Nos. 469-483
469. Deputy Francis Noel Duffy asked the Minister for Justice when regulations will be made to ensure that owner management companies (OMCs) are financially sustainable; to ensure that OMCs provide for expenditure of a non-recurring nature as per the Housing for All plan; and if she will make a statement on the matter. [33858/23]
View answerThe Multi-Unit Developments Act 2011 (“the MUDs Act”) was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (“OMCs”). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.
As the Deputy is aware, Housing for All - a New Housing Plan for Ireland is the Government’s housing plan to 2030. It includes support for effective management and oversight of multi-unit developments, by legislating for necessary changes. The Housing for All plan provides for Regulations to be made:
- under section 18, subsection 17 of the Multi-Unit Developments Act 2011 (‘the MUDs Act’) to ensure that OMCs are financially sustainable; and
- under section 19, subsection 9 of the MUDs Act, to ensure that OMCs provide for expenditure of a non-recurring nature (i.e. ‘sinking fund’ expenditure)
In this regard, my Department works in close co-operation with the Department of Housing, Local Government and Heritage, and is guided by it in relation to overall housing policy.Subsection 17 of section 18 of the Multi-Unit Developments Act 2011 provides that the Minister may make regulations prescribing the class or classes of items of expenditure which may be the subject of annual service charges; the procedures to be followed in setting such charges; the matters to be taken into account in the setting of such charges; and arrangements for the levying and payment of such charges.Subsection 9 of section 19 of the MUD Act provides that the Minister may make regulations in relation to sinking funds, prescribing the class(es) of expenditure that may be incurred by a sinking fund, the procedures to be followed in setting contributions to it, the matters to be taken into account in setting such contributions, and the thresholds of expenditure which would necessitate approval by the members of the OMC.I wish to assure the Deputy that I am conscious of the importance of getting the detail right in this important area. My Department therefore continues to actively engage with the Department of Housing, Local Government, and Heritage in relation to the drafting of the Regulations, to ensure that they are fully informed by that Department’s appreciation of the key problems and issues requiring to be addressed in this sector.It is intended to introduce the Regulations when the necessary consultation and drafting process is completed.
470. Deputy Jim O'Callaghan asked the Minister for Justice when the review of the Multi-Unit Developments (MUD) Act 2011 will commence and be completed; and if she will make a statement on the matter. [33879/23]
View answerThe Multi-Unit Developments Act 2011 was enacted with the primary purpose of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.
As the Deputy is aware, the Programme for Government contains a commitment by Government to conduct a review of the existing management company legislation, to ensure that it is fit for purpose and that it acts in the best interests of residents.
Housing for All - a New Housing Plan for Ireland is the Government’s housing plan to 2030. It includes support for effective management and oversight of multi-unit developments, by legislating for necessary changes.
The Housing for All plan provides for Regulations to be made:
- under section 18, subsection 17 of the Multi-Unit Developments Act 2011 (‘the MUDs Act’) to ensure that OMCs are financially sustainable; and
- under section 18, subsection 19 of the MUDs Act, to ensure that OMCs provide for expenditure of a non-recurring nature (i.e. ‘sinking fund’ expenditure)
Subsection 17 of section 18 of the Multi-Unit Developments Act 2011 provides that the Minister may make regulations prescribing the class or classes of items of expenditure which may be the subject of annual service charges; the procedures to be followed in setting such charges; the matters to be taken into account in the setting of such charges; and arrangements for the levying and payment of such charges.
Subsection 9 of section 19 of the MUD Act provides that the Minister may make regulations in relation to sinking funds, prescribing the class(es) of expenditure that may be incurred by a sinking fund, the procedures to be followed in setting contributions to it, the matters to be taken into account in setting such contributions, and the thresholds of expenditure which would necessitate approval by the members of the OMC.
In regard to both the review of the Act and the making of regulations, my Department works in close co-operation with the Department of Housing, Local Government and Heritage, and is guided by it in relation to overall housing policy. My Department continues to engage with the Department of Housing, Local Government, and Heritage in relation to the review and the drafting of the Regulations concerned.
471. Deputy Catherine Murphy asked the Minister for Justice if she will detail her plans with respect to bringing forward legislation to allow for the use of facial recognition technology by gardaí; if she will indicate a timeline for the publication of a draft heads of Bill for same; if she will commit to allowing a draft Bill on the use of FRT be subject to pre-legislative scrutiny; and if she will make a statement on the matter. [33985/23]
View answerI am committed to ensuring An Garda Síochána have the resources, the equipment and the technology necessary to do their jobs in protecting people from harm and saving lives.
As part of this commitment, I am working to ensure Gardaí have body worn cameras and to extend the powers governing Garda use of CCTV and Automatic Number Plate Recognition (ANPR).
Such technology will enhance frontline policing capability and help prevent crime and prosecute those involved in criminal activity.
Body worn cameras, in particular, will help improve front-line capability with the accurate recording of incidents, expedite analysis, enhance situational awareness, and protect police from harm.
The Garda Síochána (Recording Devices) Bill 2022 completed committee stage last week and when enacted, will provide a legal basis for the deployment and use of body-worn cameras by An Garda Síochána.
I am also committed to introducing Facial Recognition Technology in a number of limited and defined circumstances as a tool to search evidence in the most serious of cases.
As the Deputy will be aware, following consultation with Government colleagues, the use of Facial Recognition Technology will be provided for separately in the new Garda Síochána (Digital Management and Facial Recognition Technology) Bill 2023.Reducing the amount of time it takes for Garda members to go through video footage would be of particular benefit where time is of the essence following a very serious crime being committed. The identification of a suspect in a serious crime, or finding a missing or abducted child, or where a child is subject to child abuse, would be a crucial benefit to the proposed Bill.
It is in the interests of all parties, not least victims of crime, to have criminal investigations pursued as effectively and rapidly as possible. There are compelling use cases for FRT not least in the investigation of online child sexual abuse. It is often the case that the only way to identify victims of this heinous crime is through the use of FRT, comparing images against international databases in order to identify both the victims and the perpetrators.
Similarly in a digital age, murder investigations can include thousands of hours of footage that needs to be analysed. In one murder investigation, 42,000 hours of CCTV from 150 locations had to be manually analysed by a team of Gardaí. Such uses of FRT, in particular, represent substantial advances in terms of efficiency, accuracy and even privacy.
There will be a number of safeguards included in that Bill, amongst others, a code of practice will be required, mass surveillance and profiling will be prohibited and the operation of the Bill will be kept under review by a High Court Judge.
As the Deputy will welcome, the new Bill will undergo pre-legislative scrutiny by the Oireachtas Justice committee, which will be able to invite experts from across this complex area to discuss its provisions.I will return to Cabinet for approval of the General Scheme of this Bill after the summer recess, and will publish it thereafter.
472. Deputy Emer Higgins asked the Minister for Justice if her attention has been drawn to concerns (details supplied) regarding an amendment to the Courts and Civil Law (Miscellaneous Provisions) Bill 2022; and if she will make a statement on the matter. [33431/23]
View answerThe Courts and Civil Law (Miscellaneous Provisions) Bill 2022, which was signed by the President on 5 July 2023, makes a number of amendments to the Data Protection Act of 2018.
As the Deputy will be aware, section 67 inserts a new section 26A, into the Data Protection Act 2018 to provide a prohibition on disclosure of confidential information by persons engaged with the Data Protection Commission in connection with certain defined functions.
As Minister Browne outlined to the House, the purpose of this amendment is to bolster the integrity of the statutory processes and the provision to the Data Protection Commission of confidential and commercially sensitive information in the course of carrying out certain statutory functions. Under the GDPR the State has a duty to ensure the DPC is provided with the powers necessary for the effective performance of its tasks.
Section 26A (1) provides that the Data Protection Commission may issue a written notice to a person, known as a “relevant person”, where the Commission is or will be providing that person with confidential information, directing that the person not to disclose that information, unless required by law or authorised by the Commission.
The prohibition on disclosure does not however apply where disclosure of the confidential information is required or permitted by law, or authorised by the Commission in writing.
The notice must identify the information that is confidential and the specific reason why, with reference to the definition of confidential information in subsection 5, it is confidential.
‘confidential information’ is a defined term under section 26A (5) and there are three elements to it -
1. commercially sensitive information within the meaning of section 149(7),
2. information given in confidence and on the understanding that it will be treated as confidential and where, the disclosure of such information would be likely to prejudice the giving to the Commission of further information and it is important that the Commission continues to receive such information for the purpose of the performance of a relevant function,
or
3. information the disclosure of which could, in the opinion of the Commission, reasonably be expected to prejudice the effectiveness of the performance of a relevant function.
The amendment, and therefore the ability for the Commission to prohibit disclosure of confidential information, only applies in the context of “relevant functions” which are statutory investigations, inquiries, audits and handling of complaints under the Data Protection Act 2018.
There are also limits included in relation to the duration in which the obligation not to disclose information lasts. Where information is confidential because its disclosure would prejudice the effectiveness of the performance of a relevant function, that prohibition ceases once the relevant function has concluded.
Nothing in this amendment would prevent a person from speaking out about the nature of their data privacy complaint or that a complaint had been made to the Data Protection Commission.
It also has no impact on media reporting about complaints or the enforcement of the GDPR.
This was an amendment sought by the Data Protection Commission in support of its ability to carry out its functions under the GDPR in an effective, efficient and lawful manner and to ensure fair procedures are maintained for data controllers and data subjects alike.
473. Deputy Ivana Bacik asked the Minister for Justice the number of available Tusla-funded domestic violence refuge beds in each county; and number of occupied Tusla-funded domestic violence refuge beds in each county. [33444/23]
View answerAs the Deputy is aware the Government will establish a statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence. The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. Pending establishment of the Agency, responsibility for domestic violence services continues to be managed by Tusla.As this will continue to be the case until services formally transfer to the new DSGBV agency, I have referred the question posed by the Deputy to Tusla for direct reply.
474. Deputy Claire Kerrane asked the Minister for Justice when an applicant (details supplied) will receive a decision on their application for naturalisation; and if she will make a statement on the matter. [33497/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments. The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
475. Deputy Pa Daly asked the Minister for Justice her views on the current cost of the Irish residence permit card; her plans to change this fee; and if she will make a statement on the matter. [33540/23]
View answer476. Deputy Patrick Costello asked the Minister for Justice if her Department will reduce the Irish residence permit card fee of €300 for nearly every non-EU person over the age of 18 years, to a more appropriate rate (details supplied); and if she will make a statement on the matter. [33541/23]
View answer484. Deputy Thomas Pringle asked the Minister for Justice if she will consider reducing the cost of the Irish residence permit card from the arbitrary fee of €300 to a fee aligned with the cost of production and administration in Budget 2024; and if she will make a statement on the matter. [33754/23]
View answer488. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if she will review and significantly reduce the cost of the Irish residence card, in view of the cost-of-living crisis, high accommodation costs and the reliance of key sections of the Irish economy on workers who need to carry the card; and if she will make a statement on the matter. [33791/23]
View answer489. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if she will engage with two entities (details supplied) to understand the impact of the €300 fee for the Irish residence permit. [33792/23]
View answer496. Deputy Holly Cairns asked the Minister for Justice if her Department would consider the reduction of the fees for the Irish residence permit card for migrants; and if she will make a statement on the matter. [33876/23]
View answer534. Deputy Aodhán Ó Ríordáin asked the Minister for Justice her plans to reduce the cost of Irish residency permit cards; to outline the reason for charging €300 on an annual basis for such cards; and if she will make a statement on the matter. [34292/23]
View answer536. Deputy David Stanton asked the Minister for Justice if she has considered reducing the cost associated with the registration for, and the renewal of, an Irish residence permit card; and if she will make a statement on the matter. [34296/23]
View answer538. Deputy Jim O'Callaghan asked the Minister for Justice if she will consider reducing the cost of an Irish residence permit card which costs €300 for virtually all non-EU persons over the age of 18 years; and if she will make a statement on the matter. [34340/23]
View answerI propose to take Questions Nos. 475, 476, 484, 488, 489, 496, 534, 536 and 538 together.
I can inform the Deputy that the standard registration fee of €300 payable by an applicant is designed to reflect the effort and cost, above and beyond the cost of producing the card itself, in processing registrations. An applicant is exempted from the fee if they:
- Have refugee status
- Have subsidiary protection status
- Have leave to remain under Section 49 of the International Protection Act 2015
- Are under 18
- Are resident based on your marriage to an Irish citizen
- Are a family member of an EU citizen
The Irish Residence Permit (IRP) card, granted following a successful registration, certifies that a person is legally registered with the Irish immigration authorities and provides details of the immigration permission held, for example a Stamp 1 or 4, etc. In addition where a person has an in date IRP card, there is no requirement to apply for a re-entry visa when returning to the State after a short period abroad.
The Registration Office of my Department also provides an online renewals portal that speeds up the renewal process and a customer service team that is available to support customers.
The cost of registration has not increased since 2012; however, the fee structure is kept under ongoing review by my Department.
477. Deputy Willie O'Dea asked the Minister for Justice when a decision will be made regarding an application for a student visa (details supplied); and if she will make a statement on the matter. [33568/23]
View answerI am happy to inform the Deputy that following full consideration by a Visa Officer the Visa was issued on 04 July 2023.
Entry into the State is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individuals to have all documentation relating to their reasons for entering Ireland for presentation to the Immigration Officer to gain entry. The Immigration Officer may grant leave to enter to a maximum period of three months. They may, depending on the documentation presented refuse entry to the state or grant a lesser period than three months.
Any non EU/EEA nationals who wish to remain for longer than 90 days must register with their local immigration office and apply for further permission to remain before their initial permission to remain expires. Full details of the Registration process can be found at the link below:
www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/requirements-and-documents-needed/.
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.
478. Deputy Violet-Anne Wynne asked the Minister for Justice to provide the names and contact information of all special advisers to Ministers and Ministers of State within her Department; and if she will make a statement on the matter. [33587/23]
View answerThe special advisors to the Minister for Justice are Patrick Cluskey and Fiach Kelly. They can be contacted by email at minister@justice.ie.
No special advisor has been appointed to support Minister of State Browne.
479. Deputy Joe Flaherty asked the Minister for Justice if an update will be provided on the outcome of a review request of application for the regularisation of undocumented persons scheme by a person (details supplied). [33595/23]
View answerAn appeal by the person concerned under the Regularisation of Long Term Undocumented Migrants scheme has been received and continues to be processed.
It is not possible to provide a guideline as to when processing of all appeals will be completed. It should be noted that processing times may vary depending on the complexity of the application and the number of appeals received.
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.
480. Deputy Patrick Costello asked the Minister for Justice for an update in relation to the proposed online portal allowing the public to upload images and video footage of driving offenses to be reviewed by gardaí; and if she will make a statement on the matter. [33611/23]
View answerThe Deputy will be aware that the development and implementation of road traffic legislation and policy, including the Government's Road Safety Strategy 2021-2030, and the promotion and advancement of road safety, falls within the remit of my colleague, the Minister for Transport. I can inform the Deputy that the current Traffic Watch facility allows for members of the public to report driver behaviour to An Garda Síochána. Matters reported via this facility are forwarded to the relevant local Garda Office for investigation. Similarly, citizens may make complaints to any member of An Garda Síochána or through the Garda website. Under Action 29 of the Road Safety Strategy, An Garda Síochána will explore the potential of an online portal for road users to upload footage of road traffic offences which could assist in prosecutions. I understand that on 4 October 2022, Assistant Commissioner Paula Hilman gave the Joint Committee on Justice an update on this Action, and indicated An Garda Síochána’s commitment to the portal.I can also inform the Deputy that the legal advice made available to me indicates that specific legislative provisions will not be required for an online portal. Section 41 of the Data Protection Act 2018 provides a lawful basis for personal data collected for one purpose to be processed for another purpose, where such onward processing is for the purpose of the prevention, detection, investigation or prosecution of criminal offences.Therefore, members of the public who collect dashcam footage are entitled to pass it on to An Garda Síochána, and An Garda Síochána is entitled to process it for the law enforcement purposes mentioned. An Garda Síochána would need to process such data in line with its data protection obligations generally and would be required to put guidelines in place for dealing with the data obtained, its retention and destruction.
I have been advised by the Garda authorities that uploading footage through an online portal as envisaged would only be a first step. An Garda Síochána would require a Digital Evidence Management System (DEMS) to store, manage and process any footage received.
I am further advised that a DEMS is a prerequisite for the deployment of body worn cameras, which is being provided for in the Garda Síochána (Recording Devices) Bill .
As part of this project it is planned to introduce an online Portal to enable the public to upload and submit video to An Garda Síochána. Given the lengthy likely procurement process for BWC and DEMS and the follow on implementation period, it is envisaged that the introduction of such an online Portal will be during 2025 as part of a digital evidence programme of works.
It is important to note that road traffic enforcement remains a core policing function of An Garda Síochána. The Garda National Roads Policing Bureau ensures a consistent approach to road safety and enforcement of road traffic legislation across the country.
It is also important to emphasise that road traffic legislation is enforced as part of the day-to-day duties of all members of An Garda Síochána, in addition to the employment of specific enforcement operations. I would of course encourage any member of the public to report any incidents of dangerous driving directly to An Garda Síochána.
481. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 433 of 20 June 2023, if the information can now be provided; and if she will make a statement on the matter. [33678/23]
View answerI am advised by the Irish Prison Service that the National Violence Reduction Unit (NVRU) is in operation since 2018. It is based in the Midlands Prison, but operates separately as a National Unit. It is a co-led unit, jointly managed by an Assistant Governor (Operational Lead) and Senior Psychologist (Clinical Lead). The NVRU was established in order to provide an enhanced, psychologically-informed service to those people in custody who are typically experiencing high levels of psychological / mental distress and who display high levels of violence and disruptive behaviour in particular circumstances in custody. The people who are accommodated on the NVRU present with some of the most complex and challenging forensic and clinical needs within the prison estate, and require an eclectic and intensive degree of psychological assessment, support and intervention in a controlled environment.
I am advised by my officials in the Irish Prison Service that on 4th July 2023, there were six prisoners detained at the National Violence Reduction Unit operating in the Midlands Prison.
The length of time the current prisoners have spent on the NVRU is detailed in the table below:
|
Prisoner |
Dates |
Time |
|
A |
28/3/22 to present |
1year, 3 months |
|
B |
29/8/19 to present |
4 years, 11 months |
|
C |
18/6/19 to present |
4 years |
|
D |
2/5/23 to present |
5 weeks |
|
E |
15/1/19 to 12/3/19 (Released on 12/3/19). 7/6/19 to 3/2/21 (Transferred to Portlaoise on 3/2/21) 9/3/21 to present |
2 months20 months27 monthsTotal = 49 months (4 years + 1 month) |
|
F |
29/1/19 to 8/9/21 (released on 8/9/21) 15/1/22 to 11/1/23 (released on 11/1/23) 24/1/23 to present |
32 months12 months6 monthsTotal = 50 months (4 years +2 months) |
Each prisoner on the Unit is reviewed weekly at a Rule 62 Review and also a Dynamic Risk Assessment Meeting (DRAM) and periodically at the Multi Agency Meeting (MAM).
Under Rule 62, a Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner may have on the general population. A prisoner detained under this Rule must be reviewed by the Governor every 7 days.
Where a prisoner is detained under Rule 62 for more than 21 days, the Governor must, on a weekly basis, submit a report to the Director General including the views of the prisoner, explaining the need for the continued removal of the prisoner from structured activity or association requesting an extension on the prisoner’s detention under the Rule.
I can further advise the Deputy that my Department has also taken steps to bring the prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included Statutory Instrument 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to prisoners for a minimum of two hours out-of-cell time daily. Therefore, all prisoners have a right, save in exceptional circumstances, to a minimum of 2 hours out of their cell with an opportunity for meaningful human contact.
In addition to the review under the Prison Rules, a DRAM is held once per week for each prisoner. This is a multidisciplinary forum, where psychological and operational information is shared, and used to inform decision making regarding the prisoners risks, treatment and rehabilitation. Where input to inform decision making from psychiatry and medical staff is required this can be shared through the weekly Multi-Agency Meeting (MAM) forum and also can be sought as required for the DRAM.
A delegation of the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) carried out a visit to Ireland from 23 September to 4 October 2019. As part of this visit, the committee looked at the treatment of prisoners in the NVRU and made a number of recommendations.
An independent review of the Unit is scheduled to commence in September 2023, which will be carried out by subject matter experts from His Majesty’s Prison & Probation Service (HMPPS). It is intended that the review will focus on key thematic areas.
Operational prison staff apply, and are selected, based inter alia on a determination of their suitability to work on the NVRU. Training is provided to staff operating in the NVRU. These staff are the only operational staff that work on the NVRU.
Details of all complaints relating to the NVRU by staff, prisoners and / or relatives are set out in the table under.
|
Year |
Nature of Complaint |
Complainant |
Outcome |
|
2019 |
1. Missing property 2. Not doing enough for prisoner on NVRU 3. How he is Treated on NVRU 4. Being disrespected by staff 5. Wrongly accused of a breach of discipline by staff 6. 2 x Complaint about tuckshop 7. Being on screen visits |
All complaints in 2019 were by prisoners |
1. Refunded 2. Not upheld 3. Not upheld 4. Not upheld 5. Not upheld 6. Not upheld 7. Not upheld |
|
2020 |
1. Having his meals served in a disposable box 2. Tuckshop prices 3. Assault by staff |
All complaints in 2020 were by prisoners |
1. This is a covid measure- not upheld 2. Tuckshop prices displayed. Not upheld 3. Unfounded |
|
2023 |
1. Access to optician 2. False imprisonment & rape |
All complaints in 2023 were by prisoners |
1. Placed on optician waiting list 2. Closed. Rape allegation has been investigated by AGS. They have determined there is no case to answer. |
I am advised that there are currently two Judicial Reviews ongoing before the High Court. The reviews relate to the prisoners placement and ongoing detention in the NVRU. Moreover, I have been advised of two incidents in the NVRU that gave rise to legal claims and were referred to the Criminal Injuries Compensation Tribunal. Both incidents took place in 2019 and both alleged that officers were assaulted by prisoners in the NVRU.
Finally, I can advise the Deputy that that total staff cost to operate the National Violence Reduction Unit over the past 12 months was €2,203,109.15.
482. Deputy Michael Lowry asked the Minister for Justice to provide clarification regarding her awareness of the concerns expressed by an organisation (details supplied) regarding the forthcoming the Gambling Regulation Bill 2022; if she will provide details on what actions she intends to undertake in order to address the concerns put forth by this registered charity; and if she will make a statement on the matter. [33734/23]
View answerThe Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps. The Bill provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes such as local sports clubs, good causes, etc.
The Government recognises and appreciates the hard work of, and services provided by, charities in the State. Stakeholder engagement is an important aspect of informing and developing new legislation and hearing the views of all stakeholders in respect of legislative proposals that will affect them is a key aspect of a robust, transparent and democratic legislative process.
I have had wide-ranging engagement with the charity sector and have listened to their concerns. In that context, I met with 14 individual organisations from the charity sector, as well as with the Charities Institute Ireland in late February 2023 to hear their views on the Bill. In addition, my Department has corresponded with over 40 charities in relation to the Bill.
The Government is not equating the charity sector with commercial gambling operators. In that regard, the Gambling Regulation Bill contains specific provisions tailored to meet the needs of charitable and philanthropic organisations. It is important to note, the prohibition on sponsorship of events will only apply to commercial gambling companies. Those holding a charitable licence under the Bill will not be affected by the prohibition. There will be no bar to charities sponsoring events. Regarding the sponsorship of charitable events by gambling companies, this will depend on the event, and whether it appeals to children or not. I will revisit this issue again at Report Stage to ensure that the position is clear.
The maximum relevant payment limits where gambling activities are provided by a licensee of a licence for a charitable and philanthropic purpose are also being removed.
Charities that provide gambling activities must be properly regulated in that regard. It is important to note that charities that operate and promote lotteries as part of their fundraising model are already subject to regulation via the Gaming and Lotteries Act 1956. The Gambling Regulation Bill is a direct continuation of this policy, and the measures, albeit modernised, provided for in the 1956 Act. The exclusion of the charity sector would result in a removal of safeguards and protections that the charity sector have complied with for close to the past 70 years.
It is essential that charities and their activities are well regulated, but are also seen to be well regulated to ensure public confidence in them and that is what the Bill provides for. It is also imperative to ensure that someone cannot operate and offer gambling activities under the guise of a charity.
To exclude the charity sector from the scope of the legislation would remove important protective legislative safeguards for legitimate organisations, and create a scenario where anyone could apply for a charitable or philanthropic licence to circumvent being subject to regulation, scope and accountability contained in the Bill. It is important to ensure that proper controls are in place to prevent those that would masquerade as genuine charities and would damage the whole sector.
483. Deputy Pádraig O'Sullivan asked the Minister for Justice to outline the role that An Garda Síochána play in vetting applicants for local authority housing; if there are guidelines in place for the flow and or exchange of information; if she can provide further information on the process; and if she will make a statement on the matter. [33742/23]
View answerAs 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.
However, I am informed by the Garda authorities that An Garda Síochána has no role in any vetting carried out in respect of applicants for Local Authority housing.
I understand that section 15 of the Housing (Miscellaneous Provisions) Act 1997 provides for Local Authorities to obtain criminal record checks in respect of persons applying for housing.
I am advised these requests are processed by the Superintendent in charge of the District wherein the subject of the request resides. I am further advised that guidance in respect of the application of section 15 is provided for in HQ Directive 136/97.
