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Tuesday, 11 Jul 2023

Written Answers Nos. 499-513

Prison Service

Questions (499)

Francis Noel Duffy

Question:

499. Deputy Francis Noel Duffy asked the Minister for Justice for a geographic breakdown of all inmates in Irish prisons, i.e. the wider area they resided in before incarceration; and if she will make a statement on the matter. [33911/23]

View answer

Written answers

It has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.

An Garda Síochána

Questions (500)

Francis Noel Duffy

Question:

500. Deputy Francis Noel Duffy asked the Minister for Justice if there is a geographic breakdown or "heat map" of arrests made by An Garda Síochána in each of the past five years; and if she will make a statement on the matter. [33912/23]

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 Government is committed to building stronger, safer communities and ensuring that An Garda Síochána has the resources it needs, which is reflected in an allocation of over €2 billion under Budget 2023.

I am assured by the Garda authorities that the distribution of Garda resources is kept under constant review, in light of policing priorities and emerging crime trends.

I have contacted the Garda authorities who have provided the attached table, outlining a geographic breakdown of arrests made by An Garda Síochána in each of the past five years to date.

Geographic breakdown of arrests

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 6 July 2023. Please note that this information is operational and may be subject to change.

An Garda Síochána

Questions (501, 509)

Francis Noel Duffy

Question:

501. Deputy Francis Noel Duffy asked the Minister for Justice for a geographic breakdown of Garda diversion programmes; and if she will make a statement on the matter. [33915/23]

View answer

Brendan Smith

Question:

509. Deputy Brendan Smith asked the Minister for Justice the youth diversion projects in place in counties Cavan and Monaghan at present; the proposals she has to approve additional projects; and if she will make a statement on the matter. [34057/23]

View answer

Written answers

I propose to take Questions Nos. 501 and 509 together.

Youth Diversion Project (YDPs) are community based, multi-agency crime prevention initiatives, which seek to divert young people who have become involved in crime/anti-social behaviour and to support wider preventative work within the community and with families at risk. The YDPs act as a vital support to the statutory Garda Youth Diversion Programme.

The objectives of the YDP are to:

• promote focused and effective interventions to challenge and divert young people from offending behaviour;

• utilise YDP resources in areas of greatest need and to establish effective crime prevention supports in co-operation with other youth service providers nationwide;

• actively promote crime prevention policy through focussed educational interventions influencing positive development of young people towards becoming responsible citizens.

Funding for these interventions is based on evidence that diverting young offenders from the criminal justice system, and preventative work with young people at risk, is to their long-term benefit and that of society as a whole.

Youth Diversion Projects are co-funded by the Irish Government and European Social Fund as part of the ESF+ Programme 2021-2027.

The Youth Justice Strategy 2021 - 2027 commits to the expansion of the Youth Diversion Projects and establishment of a small number of new Projects, so that every child or young person in the State who could benefit from this service can access it.

This includes the establishment of 4 new Projects, one of which will be located in Carrickmacross.

We are also exploring with other statutory bodies providing youth services to pilot a number of joint-commissioned Projects. This new type of YDP brings together services from across the public sector to enhance the service provided to young people and to ensure a 'no wrong door' approach. All of these are aimed at ensuring that programmes and interventions are as effectively designed and targeted as possible to support those children and young people (and their families) who experience particular disadvantage and are more at risk with respect to offending behaviour.

For the Deputy's information, the attached table shows the list of current YDPs nationwide.

Youth Diversion Projects List

Legislative Reviews

Questions (502)

Catherine Connolly

Question:

502. Deputy Catherine Connolly asked the Minister for Justice the expected timeline for her substantive response to the Independent Review of the Offences Against the State Acts; the details of the Departments, Government agencies and other bodies her Department is engaging with in the development of the response; and if she will make a statement on the matter. [33952/23]

View answer

Written answers

As the Deputy is aware, I published the majority report and the minority report of the Independent Review Group appointed to examine all aspects of the Offences Against the State Acts on 21 June following consideration by Government.

The Acts are Ireland's primary counter-terrorism legislation. They have and continue to serve the State well in tackling subversives and organised crime and fulfil a vital role in our criminal justice system.

Given their importance over many decades any proposals for reform must be thoroughly considered and approached with the utmost care.

There is much to digest in the majority’s package of recommendations and also in the perspective of the minority, and it is important, as I have said, to take the time to consider carefully how best to proceed.

With this in mind, my Department has to date sought the views of the Department of Defence, the Garda Commissioner, the Office of the DPP, the Courts Service and the Irish Human Rights and Equality Commission. My Department is also examining the reports from a variety of perspectives including policy, governance and legislative. The outputs from this consultative and analytical process will inform the preparation of a substantive response to the Review which I am committed to bringing to Government in due course.

In the short term I am taking two other initiatives in response to the work of the Review Group:

In relation to the matter of jury reform, I have asked my officials to see if any measures – short of non-jury trials – can be identified which might in certain cases mitigate the risk of intimidation or other interference.

I also intend, having regard to the concern of the majority and the minority in relation to the limited data available in respect of the operation of the Special Criminal Court and the extent of jury and witness intimidation, to engage with the relevant agencies and offices to identify what improvements can be made in the collection and publication of data relating to these matters to support independent scrutiny and promote public confidence.

I can assure the Deputy that I am fully committed to considering the reports and returning to Government with a response in due course.

Legislative Measures

Questions (503)

Robert Troy

Question:

503. Deputy Robert Troy asked the Minister for Justice if she 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. [33973/23]

View answer

Written answers

Trespass is a civil wrong and, for the most part, falls to be addressed by means of a civil remedy. Trespass may be dealt with under criminal law in certain circumstances and a range of offences are provided for in legislation.

There is already robust legislation in place in relation to trespass and I have, therefore, no plans to change the law in this regard, but the situation will be kept under review. For the Deputy's information, outlined below are a variety of legal provisions in place with regard to trespass:

• The Criminal Justice (Public Order) Act 1994, as amended, contains provisions specifically relating to the unauthorised entry onto and occupation of land. Part IIA of that Act, comprising sections 19A to 19H, as inserted by the Housing (Miscellaneous Provisions) Act 2002, provides for offences in relation to illegal trespass and occupation of land. Such land includes public land provided or maintained by a statutory body or held in trust primarily for the enjoyment of the public and land covered by water. The legislation empowers the Garda Síochána to direct trespassers to leave the land concerned and remove any object belonging to them from the occupied land. A person who is guilty of an offence under this Part of the Act is liable on summary conviction to a fine of up to €4,000 or a term of imprisonment of up to one month, or both.

• Trespass in relation to buildings, as well as land, is also dealt with in the 1994 Act. Section 11 of the Act provides that it is an offence for a person to enter a building or the vicinity of a building as a trespasser with the intention of committing an offence or interfering with property. A person who is guilty of an offence under this section is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 6 months, or both.

• In addition, section 13(1) of the same Act provides that it is an offence for a person, without reasonable excuse, to trespass on a building or in the vicinity of a building in such a manner as causes or is likely to cause fear in another person. Section 13(2) empowers the Garda Síochána to request the person concerned to desist from acting in such a manner and to immediately leave the place concerned in a peaceable and orderly manner. It is an offence not to comply with a direction given by a member of the Garda Síochána under section 13(2). A person who is guilty of an offence under section 13(1) is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 12 months, or both. A person who is guilty of an offence under section 13(2) is liable on summary conviction to a fine of up to €1,000 or imprisonment for a term of up to 6 months, or both.

• The Prohibition of Forcible Entry and Occupation Act 1971 also contains provisions relating to trespass. Under this Act it is an offence to forcibly enter land, including buildings, or remain in forceful occupation, or to encourage or advocate the commission of such an offence. A person guilty of a first offence under the Act is liable on summary conviction to a fine of up to €500 or imprisonment for a term of up to 6 months, or both. A second or subsequent offence under the Act is punishable, on summary conviction, by a fine of up to €1,000 or imprisonment for term of up to 12 months, or both. Conviction on indictment for an offence under the Act can result in a fine of up to €5,000 or a prison term of up to 3 years, or both.

I am advised by the Garda authorities that all incidents of trespass reported to the Gardaí are subject to thorough investigation and receive the utmost attention.

Everyone has the right to feel safe in their local communities and such acts to undermine people’s safety will not be tolerated. I am very conscious of the impact that such criminality can have on the quality of life for local communities and am assured that all incidents to the Gardaí are subject to thorough investigation and receive the utmost attention.

The vision of the Government’s ‘Rural Safety Plan 2022 – 2024’ is for people and communities in rural Ireland to feel safe and be safe in their homes, their places of work, and their local environments. The Plan brings together and strengthens all of the various strands of work being carried out in relation to rural safety, and enforces the importance that is rightfully placed on the welfare of rural Irish communities. The Plan identifies 5 main priorities in relation to rural safety:

• Community Safety

• Burglary and Theft

• Roads Policing

• Animal Crime

• Heritage Crime

My Department convened a meeting February between National Parks and Wildlife Services, An Garda Síochána and members from the Irish Farmers Association and the Irish Creamery Milk Suppliers Association to discuss arising issues in relation to rural safety such as trespassing and illegal hunting. Arising from this meeting, my Department are now examining the possibility of holding a public campaign to raise awareness and educate the public on what can be done in situations of trespassing and illegal hunting and to contact An Garda Síochána in such circumstances.

Departmental Priorities

Questions (504)

Catherine Murphy

Question:

504. Deputy Catherine Murphy asked the Minister for Justice if she received submissions (details supplied); if so, the number of submissions received; and the steps she took on foot of those. [33981/23]

View answer

Written answers

At the outset, I again want to record my sympathy for all those affected by issues arising from CervicalCheck. I have previously met with the 221+ Patient Support Group and they explained their concerns to me in relation to a number of matters, including issues raised by the Morrissey v HSE case relating to the Civil Liability Act 1961.

In the Morrissey v HSE case, the Supreme Court held that the dependents of a plaintiff who has brought an action for personal injury cannot, while the plaintiff is still alive, claim for the future loss of services which the plaintiff might have been expected to provide for his or her family. The Court stated that if the law in this area is to be changed, it would have to be done by way of legislation, rather than by an evolution in the case-law.

A personal injury action may be brought by an injured person while he or she is alive, or a wrongful death action may be brought under section 48 of the Civil Liability Act 1961 by an injured person’s dependents after his or her death, but it is not possible for both of these actions to be brought arising from the same wrongful act.

These issues were discussed at a meeting with my officials on 4 February 2021. Following this meeting of 4 February, I then asked that further consideration be given to issues relating to this proposal, including looking at international examples.

While there was no formal submission made to me the Deputy will, however, be aware that the Government is progressing several initiatives for improvement and reform in the areas of personal injury actions and medical negligence actions.

In January 2023, the Government approved the establishment of an Interdepartmental Working Group to examine the rising cost of health-related claims and consider mechanisms to reduce costs. The Group is chaired independently by an expert healthcare professional, Dr Rhona Mahony, and is comprised of membership from across key Government Departments and Agencies. The Group has commenced its work.

The Group’s considerations include developing a plan to implement risk management and other initiatives to reduce the occurrence of adverse incidents, examining best international practice, receiving updates on the implementation of the Expert Group Report to Review the Law of Torts and the Current Systems for the Management of Clinical Negligence Claims (the Meenan Report) along with other civil justice reforms and considering the policy and health system’s approach to mass claims.

It is also tasked to recommend measures to address patient concerns following incidents, (e.g., disclosure procedures, trauma counselling, provision of supports) that will reduce the need for patients to initiate legal proceedings. In considering this, the group is asked to give consideration to those measures suggested by Dr Scally in his final implementation review report published in November 2022. In addition it will examine the health system’s involvement in the claims process, in particular its role in the provision of evidence/medical records in the course of discovery with a view to streamlining processes as well as consider the policy and health system approach to Mass claims, including examining whether there is scope for the Department/HSE to improve or standardise its approach when dealing with calls for redress and inquiries.

The Courts and Civil Law (Miscellaneous Provisions) Act 2023, which has recently been signed into law, includes amendments to the Civil Liability and Courts Act 2004 and Part 15 of the Legal Services Regulation Act 2015, in relation to the proposed introduction of a pre-action protocol relating to clinical negligence actions. The purposes of introducing a pre-action protocol, which is a commitment in Justice Plan 2023, are to encourage early resolution of allegations of negligence, promote timely communications between parties and reduce the number of clinical negligence actions which are brought. Preparatory work for the introduction of a pre-action protocol relating to clinical negligence actions is ongoing between my Department and the Office of the Attorney General.

Part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 contains amendments to the Civil Liability Act 1961, which provide that in future, the indexation rate for periodic payment orders in catastrophic injury cases will be set by regulations made by the Minister for Justice with the consent of the Minister for Finance. The amendments will allow greater flexibility in the setting of the indexation rate and set out the general rule that a periodic payment order will be adjusted, on an annual basis, by reference to an index specified under the section.

Following a public consultation, an expert group has been established to set the discount rate in awards for personal injury cases. The Group is expected to report to me on the matter later this year.

Finally, there are a range of ambitious justice reforms, committed to in the Programme for Government and set out in my Justice Plan, now being implemented across the Department, including implementation of the recommendations of the Judicial Planning Working Group, which reported to Government in February 2023, and the recommendations of the Report of the Review of the Administration of Civil Justice (known as the Peter Kelly Report), as set out in the Civil Justice Efficiencies and Reform Measures plan that I published in May 2022. These reform initiatives are aimed at enabling easier, cheaper and quicker access to justice for all citizens.

An Garda Síochána

Questions (505)

Richard Bruton

Question:

505. Deputy Richard Bruton asked the Minister for Justice if she has received a report from the Garda Commissioner on the new initiatives that have been put in place to make Dublin city centre safer; if it shows the impact on criminal or anti-social behaviour on arrests, on detection rates, and so on; and if she will make a statement on the matter. [33982/23]

View answer

Written answers

The Government is committed to ensuring that people are safe and feel safe in their communities. The Commission on the Future of Policing recognised that community safety is not solely the responsibility of the Gardaí, or my Department alone, rather it is a whole of Government responsibility. This is central to both the Policing, Security and Community Safety Bill and my Department's Community Safety Policy.

Dublin’s North Inner City is one of three pilot locations for the new Local Community Safety Partnerships (LCSPs). The Partnerships will build upon and replace the existing Joint Policing Committees, bringing together Gardaí, local representatives, community organisations and representatives, and the Local Authorities and other State bodies, to draft a Community Safety Plan tailored to the community's needs. No one knows better than those who live in the community what is needed. The Dublin LCSP is due to launch their plan shortly and I commend them on the work undertaken to date.

In addition to the development of new Community Safety Partnerships, we are committed to:

• giving An Garda Síochána the tools and technology to fight crime in a digital era by rolling out improved CCTV and body worn cameras;

• investing significant resources into An Garda Síochána to provide for sustained and ongoing recruitment, as well as investment in equipment and capital;

• implementing a range of youth justice interventions.

The Community Safety Innovation Fund, which provides funding to novel initiatives to improve community safety by reinvesting money seized as proceeds of crime, has provided for a new Community Safety Warden scheme for the Wolfe Tone Park area and surrounds of the North Inner City. The wardens have been hired and are undergoing training and I expect to see their presence on the streets of the capital within the next few weeks. I have also provided funding to launch a similar initiative on O'Connell Street on weekends.

The Garda Commissioner is responsible for operational policing matters, though I can assure the Deputy that the Commissioner and I engage regularly on matters of community safety and policing. The Deputy will also be aware that Gardaí continue to focus on improving safety in the city through a range of operations including Operation Citizen and the complementary Operation Saul that focuses on public transport.

The importance of Operation Citizen, which aims to assure residents, businesses and visitors to the capital that it is a safe place to visit and live in, is demonstrated by the nomination of a dedicated Garda Inspector. This Inspector is responsible for the overall management of O’Connell Street Garda Station and is also the Head of Operation Citizen.

The continuing investment we are making into An Garda Síochána has also allowed for the opening of the new O'Connell Street Garda station, which is providing a welcome, visible presence and has upwards of 400 visitors a month. Business owners and representative bodies such as DublinTown have commented very favourably on the reassurance that O’Connell Street Garda Station has given the businesses, residents and visitors to the city centre.

It is important to note that O'Connell St Garda station is not a stand alone station, rather it acts as a sub-district station supporting Store St station. As a result, incidents reported to the station are recorded under Store St District on PULSE.

Since the opening of O’Connell Street Garda Station on the 10 March to the 30 June, there have been 417 individual proactive foot and mountain bike patrols undertaken. During the same period, 1,191 persons have been arrested, 2,366 charges have been preferred and 930 summons issued in respect of offences detected in the Store Street Garda District. In addition, 163 Juvenile Liaison Officer referrals and 90 adult cautions have issued.A record of all enquiries made by the public to members in the Garda Station has been kept since its official opening. The vast majority of reports taken relate to lost property, with reports of crime accounting for a small percentage of the queries received. There are up to 400 callers to the station each month.

The opening of the O’Connell Street Garda Station follows on from the re-opening of the Fitzgibbon Street Garda Station, which now features a bespoke Crime Victim Support Suite, the first of its kind in Ireland. Its facilities include several specially designed spaces that will allow Gardaí to cater for the varied and sometimes complex needs of victims in a compassionate and dignified way.

The Dublin Metropolitan Regional Office was also recently relocated from Harcourt Square to Dublin Castle, keeping the senior management of the Region centrally located in the heart of the city.

Departmental Policies

Questions (506)

Verona Murphy

Question:

506. Deputy Verona Murphy asked the Minister for Justice if her Department requested members of the Firearms Expert Committee to fill out a declaration of interests; if any conflicts of interest were identified; and if she will make a statement on the matter. [34033/23]

View answer

Written answers

The Firearms Expert Committee (FEC) was made up of five members: an independent Chairperson, a representative of An Garda Síochána, a representative of the Department of Justice, and two non-governmental Ordinary Members having experience of firearms. This structure was chosen to give balanced representation to both governmental and non-governmental stakeholders. The FEC was a non-statutory body and its recommendations were advisory only.

On 31 March 2022, I sought expressions of interest from suitably qualified candidates for appointment to the Committee. This call was published on the Department of Justice’s website and shared with various stakeholder organisations.

Although the FEC was not a state board, applicants were made aware of the Code of Practice for the Governance of State Bodies, which provides a framework for the application of best practice. All members of the Committee were required to act on a fully informed basis, in good faith, with due diligence and care, and in the best interests of the Committee, subject to the objectives set by the Minister.

In order to qualify for appointment, applicants were also required to not have any legal impediment or conflicts of interest likely to interfere with their ability to assume the role of a member of the FEC. In this regard, applicants were requested to identify any potential conflict of interest that might exist in their cover letter and no such conflicts were identified in respect of those appointed to the FEC. However, as was specifically set out in the public expressions of interest document, existing professional or businesses interests involving firearms were not considered as disqualifying conflicts of interest, as individuals with experience and knowledge of the application of firearms legislation of the type associated with such roles was a desirable quality for the role of Ordinary Member.

Departmental Policies

Questions (507)

Fergus O'Dowd

Question:

507. Deputy Fergus O'Dowd asked the Minister for Justice if she will extend the remit of the Drogheda Implementation Board and Plan past its current timeline to ensure that the excellent work that continues to be carried out is secured going forward and the remaining implementation recommendations be undertaken; and if she will make a statement on the matter. [34039/23]

View answer

Written answers

I can assure the Deputy that the Government remains committed to improving safety and wellbeing for the community in Drogheda.

As the Deputy will be aware, the Drogheda Implementation Plan outlines 73 actions to support community safety and chart a path to improved community wellbeing in and around Drogheda.

The Drogheda Plan is an example of the power of cooperation and community. We are gaining momentum in Drogheda and I look forward to seeing further great strides made for the people of Drogheda.

The Plan is reviewed on a quarterly basis, with a progress report published biannually. The Board consists of an independent, voluntary Chair, appointed by the Department of Justice, and 16 individuals representing 14 organisations, ranging from community representatives to senior decision-making representatives from statutory and other key agencies. The second progress report of the Drogheda Implementation Plan was published in March 2023 and the report identified a number of positive developments in the area.At a local level, the Drogheda Implementation Board is the core driver and co-ordinator of the activities outlined in the Plan, while my Department provides national oversight to ensure strategic direction, action planning and the delivery of the Drogheda Implementation Plan.

As the Deputy may be aware, I announced a year's extension of the term of the Board earlier this week. This will allow the Board to maintain the positive momentum already built to improve community safety and interagency cooperation in the administration and delivery of services in Drogheda, pending the establishment of a Local Community Safety Partnership (LCSP) for Louth.

The Louth LCSP is expected to be established in 2024 following the planned enactment of the Policing, Security and Community Safety Bill 2023.

Visa Applications

Questions (508)

Colm Burke

Question:

508. Deputy Colm Burke asked the Minister for Justice what action is being taken by her Department to improve upon the timeframe for the processing of appeals on decisions of visa applications whereby the application was refused; and if she will make a statement on the matter. [34049/23]

View answer

Written answers

I can advise the Deputy that every visa application which is processed at first instance receives a detailed and systematic examination.All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that follow these guidelines have an improved prospect of receiving a positive decision at first instance.

An appeals process, for which no fee applies, is available which allows applicants, in the event of a refusal of the application at first instance, to address the factors which gave rise to that decision. An appeal is normally examined by a different and more senior officer to the initial deciding officer.

In many appeal cases, the applicant has failed to submit the required documentation or information with their initial application; the provision of which would likely have resulted in a positive decision.

The Visa Division of my Department have recently committed extra resources to help reduce the current backlog.

Question No. 509 answered with Question No. 501.

An Garda Síochána

Questions (510)

Thomas Gould

Question:

510. Deputy Thomas Gould asked the Minister for Justice the number of gardaí currently working in each of the Garda stations in Cork, by rank, in tabular form. [34099/23]

View answer

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.

This level of funding provides for a steady pipeline of new Gardaí in the coming years, supporting the recruitment of up to 1,000 Gardaí and 400 additional Garda staff this year, with new recruits to enter the Garda College approximately every 11 weeks.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.

I am 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.

To be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that the figures in the table below set out the number of Garda members assigned to Cork City, Cork North and Cork West at end May 2023, the latest date for which figures are available.

In the interest of transparency, detailed statistics on Garda workforce numbers, including a breakdown by Garda station and Garda rank, are published on gov.ie and are updated regularly by my Department from information provided by An Garda Síochána. The statistics can be accessed using the following link:

www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/

Please note that this information is operational and may be subject to change.

DIVISION

2015

May 2023

% Increase

CORK CITY

651

705

more than 8%

CORK NORTH

298

323

more than 8%

CORK WEST

276

285

more than 3%

Gambling Sector

Questions (511)

Thomas Gould

Question:

511. Deputy Thomas Gould asked the Minister for Justice for an update on the work carried out to date by the CEO of the Gambling Regulatory Authority. [34100/23]

View answer

Written answers

The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being. The Gambling Regulation Bill 2022 will cover gambling online and in person, and include powers to regulate advertising, gambling websites and apps.

When established, Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland (GRAI), will be provided with the necessary enforcement powers to enable it to take appropriate and focused action where providers are failing to comply with the provisions of the Authority’s licensing terms, conditions and regulations.

A Programme Board has been established in my Department to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority is in a position to commence operations, on a phased basis, as soon as possible after enactment and appointment of the Authority members. Planning is progressing in the expectation that the legislation will progress through the Houses of the Oireachtas in 2023.

In this regard, I am pleased to say that the CEO Designate of the GRAI was appointed last September and is progressing important preparatory work. Provision of €1.774m has been made in the vote of my Department for 2023 to meet associated costs.

Considerable progress has been made by the CEO Designate on the establishment of the GRAI including:

• Extensive and ongoing stakeholder engagement with other Gambling Regulators, industry participants, health care professionals and Gambling Care experts;

• The preparation, approval and publication of a public tender for essential ICT infrastructure, which closed on the 3 July 2023;

• Agreement with the ESRI on a research programme on Gambling in Ireland, with publication of the first such study on the 20 June 2023;

• Commissioning KPMG (via OGP tender) to undertake research and analysis into potential financial modelling and licensing fee structures to inform and underpin the GRAI’s future self-financing status;

• Mapping of licence application vetting/approval processes, based on best practice elsewhere, is progressing;

• Research on Codes of Practice, based on the Bill, as well as best practice elsewhere, is progressing;

• Exploration of options for a Gambler Exclusion scheme, informed by the experience of other countries, has also commenced;

• Recruitment of a Director of Licencing and a Director of Technology/Digital First is underway, via the Public Appointments Service.

An Garda Síochána

Questions (512)

Thomas Gould

Question:

512. Deputy Thomas Gould asked the Minister for Justice for an update on the Adult Diversion Programme; the number who have availed of it in 2023; and the plans to improve the programme. [34104/23]

View answer

Written answers

As the Deputy will be aware, the Adult Caution Scheme is a non-statutory scheme agreed between, and administered by, An Garda Síochána and the Director of Public Prosecutions. Both the Garda Commissioner and the Director of Public Prosecutions are independent in their functions and I, as Minister, have no role in the setting of criteria used when administering the Scheme.

However, I am advised that the Garda Authorities have published the policy documentation relating to the Scheme at the following link on the Garda website:

www.garda.ie/en/about-us/publications/policy-documents/adult-cautioning-scheme-policy-document-feb-21-.pdf.

To be of assistance, I have contacted the Garda authorities and been advised that the table below outlines the number of cautions issued for the years 2020 to 2022 and to date in 2023. Information is operational and subject to change, as available on PULSE on 5 July.

The top 3 incident types for which an Adult Caution was issued across the period covered by the table were: Public Order (36%), Theft (28%) and Drugs (19%).

Caution Year

Number of Cautions

2020

5,767

2021

6,071

2022

6,691

2023

3,528

European Council

Questions (513)

Bernard Durkan

Question:

513. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which a report was made available at the European Council meeting which he attended with regard to the refugee situation in Europe involving loss of life at sea. [32745/23]

View answer

Written answers

President of the European Commission, Ursula von der Leyen, wrote to all Member States in advance of the European Council on the topic of migration, addressing the recent tragic loss of life in the Mediterranean, as well as the need to make progress on a number of fronts to ensure that people do not continue to undertake perilous journeys to reach the European Union.

The letter provided an update on actions carried out since the European Council reached their conclusions on migration in February, and they acknowledged that migration is a European challenge that requires a European response. President von der Leyen urged all Member States to work together to ensure momentum can be maintained or accelerated.

The recent progress achieved at the meeting of Justice and Home Affairs Ministers on 8 June 2023, where agreement was reached within the Council on two important legislative elements of the proposed Pact on Migration and Asylum was noted. As the Deputy is likely aware, Ministers reached agreement on the Asylum Procedures Regulation and the Asylum and Migration Management Regulation, which will now move into negotiations with the European Parliament with a view to being adopted next year. The two measures will introduce new procedures for asylum in the EU, including new border procedures for certain applicants and will introduce a new solidarity mechanism to ensure that Member States who are unduly affected as a result of migratory flows can be adequately supported by their European counterparts through relocations or financial contributions.

President von der Leyen highlighted the urgency in continuing to fight against migrant smuggling and trafficking in order to break the business model of the criminal enterprises who profit from such activities. Achieving this aim will require progress on many different fronts in both the internal and external dimensions of migration, including in intensifying work with key partner countries or origin and transit to limit irregular departures. My Department, along with the Department of Foreign Affairs, are engaging at EU level on those issues.

There is a recognition that alternative safe and legal pathways into the EU must be further provided for and my Department engages with colleagues in the Department of Enterprise, Trade and Employment and the Department of Children, Equality, Disability, Integration and Youth to this end. The letter also noted that the European Commission is working closely with Member States to address the challenges related to search and rescue in the Mediterranean Sea.

Like President von der Leyen, I welcome the progress made but it must be noted that despite efforts at EU level over the past number of years to address the situation of irregular migration into the EU, the number of arrivals has continued to rise. It is clear that more needs to be done, and I am committed to working with Government and EU colleagues to ensure safe, orderly migration in full compliance with human and fundamental rights.

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