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Tuesday, 11 Jul 2023

Written Answers Nos. 529-543

Visa Applications

Questions (529)

Bernard Durkan

Question:

529. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a visitor visa application in the case of a person (details supplied); when a decision on the application will issue and if she will make a statement on the matter.; and if she will make a statement on the matter. [34221/23]

View answer

Written answers

I can advise the Deputy that the application referred to was created on the 09 March 2023. Supporting documentation was received in the Dublin Visa Office on the 01 April 2023 where it awaits examination and processing. The applicant will be notified as soon as a decision has been reached by a Visa Officer.

It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.

Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:

www.irishimmigration.ie/visa-decisions/.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Gambling Sector

Questions (530)

Carol Nolan

Question:

530. Deputy Carol Nolan asked the Minister for Justice to address concerns that the Gambling Regulation Bill 2022 will adversely impact the ability of registered charities to fundraise through such events as raffles; if she will consider excluding registered charities from the scope of the Bill; and if she will make a statement on the matter. [34222/23]

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 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.

An Garda Síochána

Questions (531)

Pauline Tully

Question:

531. Deputy Pauline Tully asked the Minister for Justice the amount of revenue still owed to An Garda Síochána as of 3 July 2023 in respect of non-public duty events that occurred in 2022 and were policed by An Garda Síochána. [34233/23]

View answer

Written answers

As the Deputy will be aware, under Section 30 of the Garda Síochána Act 2005 (as amended), the Garda Commissioner may provide and charge for police services, including for events on private property or in areas open to the public.

Examples of the types of events for which police services may be provided under this section include sports fixtures, concerts, festivals and exhibitions, meetings and conferences, the making of films and television programmes and appearances of person/s likely to attract large gatherings or crowds, or escort for certain persons or property while in transit.

To be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that the current sum on record as owed to An Garda Síochána relating to such services for 2022 is just over €664,000.

I am also advised that invoices and reminders are issued on a regular basis for all outstanding sums, however, this is a matter for the Commissioner who is responsible for the management and administration of Garda business under Section 26 of the 2005 Act.

An Garda Síochána

Questions (532)

Pauline Tully

Question:

532. Deputy Pauline Tully asked the Minister for Justice the number of van-personnel carrier courses that were held for gardaí within the Cavan-Monaghan Division in the years of 2022 and to-date in 2023, in tabular form; and if she will make a statement on the matter. [34234/23]

View answer

Written answers

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 the including the training of Garda members. As Minister, I have no role in such matters.

I am advised by the Garda authorities that the Van/Personnel Carrier Course is a standalone course in the Garda College.

The course is a week long in duration and is delivered for Category D1 licences. I can inform the Deputy that there were no van/personnel carrier courses held for Gardaí within the Cavan-Monaghan Division in the years of 2022 and to-date in 2023.

An Garda Síochána

Questions (533)

Catherine Murphy

Question:

533. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí, by rank assigned to DMR west; the breakdown of the vehicle fleet for the DMR; the number of civilian staff assigned to the DMR, by station in the DMR [34267/23]

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 the DMR at the end of May 2023, the latest date for which figures are available. Please note that this information is operational and may be subject to change.

Garda Members by Division

May 2023

D.M.R. EAST

357

D.M.R. NORTH

755

D.M.R. NORTH CENTRAL

623

D.M.R. SOUTH

536

D.M.R. SOUTH CENTRAL

669

D.M.R. WEST

706

The table below sets out the number of Garda staff assigned to the DMR at end May 2023, the latest date for which figures are available. This increase in Garda staff numbers means that as well as new Gardaí assigned to the Division, additional Gardaí can be redeployed from administrative to operational policing duties, where their training and policing expertise can be used to best effect. Please note that this information is operational and may be subject to change.

Garda Staff by Division

May-23

D.M.R. South Central

107

D.M.R. North Central

61

D.M.R. NORTH

67

D.M.R. EAST

46

DMR SOUTH

56

D.M.R. WEST

71

The table below sets out the number of Garda vehicles assigned to the DMR at 30 June 2023, the latest date for which figures are available.

Division

Cars

Vans

Motorcycles

4 x 4

*Others

Total

DMR EAST

63

15

0

1

1

80

DMR NORTH

99

15

0

1

1

116

DMR NORTH CENTRAL

67

13

0

3

1

84

DMR SOUTH

71

15

0

2

1

89

DMR SOUTH CENTRAL

67

20

0

0

1

88

DMR TRAFFIC

18

3

42

2

0

65

DMR WEST

96

14

0

0

6

116

*The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles

In the interest of transparency, detailed statistics on Garda workforce numbers, including a breakdown by Garda station, 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/.

Question No. 534 answered with Question No. 475.

An Garda Síochána

Questions (535)

Aodhán Ó Ríordáin

Question:

535. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the number of community gardaí across the service in 2023; how many were in place in each year from 2016 to date; the breakdown for 2023 of where these are located, by division and Garda station; and if she will make a statement on the matter. [34293/23]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for the management and administration of Garda business, including the distribution and stationing of Garda members throughout the State, including to specialist units within the organisation. As Minister, I have no role in these independent, operational functions.

I am assured that the Garda Commissioner keeps the allocation of resources under continued review to ensure their optimum use. This takes into account factors including crime trends, operational strategies and local population figures.

I am advised by the Garda authorities that as of 31 May, the latest date for which figures are available, there were 670 Community Gardaí across the country. The table appended to this answer gives a breakdown of the Community Gardaí by Division and station nationwide as of the same date. The table below gives the number of Community Gardaí nationwide since 2016.

2016

2017

2018

2019

2020

2021

2022

718

676

695

702

751

784

733

Jan 2023

Feb 2023

Mar 2023

Apr 2023

May 2023

683

683

673

673

670

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

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

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

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

Community Policing Strengths as on 31.05.23

Station

Insp

Sergeant

Garda

Total

Cavan/Monaghan

Bailieboro

3

3

Carrickmacross

2

2

Castleblaney

3

3

Cavan 

3

3

Monaghan

1

1

3

5

Total

1

1

14

16

Clare

Crusheen

1

1

Ennis

1

1

3

5

Ennistymon 

1

1

Kilrush

1

1

Shannon

2

2

Total

1

1

8

10

Cork City

Anglesea Street

1

5

6

Ballincollig

2

2

Bishopstown

3

3

Blackrock

2

2

Blarney

1

1

Bridewell

2

2

Carraigaline

2

2

Douglas

3

3

Glanmire

2

2

Gurranbraher

3

3

Mayfield

1

1

Togher

1

3

4

Watercourse Road

1

4

5

Total

3

33

36

Cork North

Charleville

Cobh

1

1

Fermoy

1

1

Mallow 

1

1

Midleton

1

1

Mitchelstown

1

1

Youghal

1

1

Total

6

6

Cork West

Bandon

1

1

Bantry

1

1

Clonakilty

1

1

Macroom

1

1

Total

4

4

DMR EAST

Blackrock

7

7

Cabinteely

2

2

Dun Laoghaire

6

6

Dundrum

1

9

10

Shankill

1

3

4

Total

2

27

29

DMR NORTH

Dublin Airport

3

3

Balbriggan

1

8

9

Ballymun

1

8

9

Clontarf

2

10

12

Garristown

2

2

Howth

2

2

Lusk

1

1

Raheny

Coolock 

1

12

13

Rush

1

1

Santry

1

8

9

Skerries

1

1

Swords

1

8

9

Total

7

64

71

DMR NC

Bridewell

1

8

9

Mountjoy

2

16

18

Store Street

1

1

5

7

Total

1

4

29

34

DMR SOUTH

Crumlin

1

5

6

Rathfarnham

1

9

10

Rathmines

1

5

6

Sundrive Road

5

5

Tallaght

1

2

11

14

Terenure

1

4

5

Total

1

6

39

46

D.M.R.S.C.

Donnybrook

1

6

7

Irishtown

1

4

5

Kevin Street

1

9

10

Kilmainham

1

1

8

10

Pearse Street

1

2

19

22

Total

2

6

1

54

DMR WEST

Ballyfermot

1

7

8

Blanchardstown

1

1

9

11

Cabra

1

4

5

Clondalkin

1

5

6

Finglas

1

9

10

Lucan

1

9

10

Rathcoole

5

5

Ronanstown

1

5

6

Total

1

7

53

61

Donegal

Ballintra

Ballyshannon

1

1

Buncrana

1

1

Bundoran

Carrick

Donegal Town

Killybegs

Letterkenny

1

9

10

Mountcharles

Pettigo

Total

1

11

12

Galway

Galway

2

9

11

Ballinasloe

1

1

Órán Mór

4

4

Salthill

 

3

3

Clifden 

1

1

Loughrea

2

2

Tuam 

1

1

Total

2

21

23

Kerry

Killarney

3

3

Tralee

1

6

7

Total

1

9

10

Kildare

Athy

1

1

Clane

1

1

Kilcullen

1

1

Kildare

Celbridge

1

1

Kilcock

1

1

Leixlip

1

1

Maynooth

1

1

Naas

1

1

2

Newbridge

1

1

Total

1

9

10

Kilkenny/Carlow

Ballon

1

1

Ballyhale

1

1

Bennetsbridge

Borris

1

1

Callan

2

2

Carlow 

1

2

3

Castlecomer

5

5

Freshford

1

1

Glenmore

1

1

Goresbridge

1

1

Graiguenamanagh

4

4

Hacketstown

1

1

Kilkenny 

2

8

10

Kilmoganny

1

1

Mooncoin

4

4

Muinebheag

10

10

Mullinavat

1

1

Myshall

Piltown

1

1

Rathvilly

1

1

Stoneyford

1

1

Thomastown

6

20

26

Tullow

8

8

Urlingford

3

3

Total

9

78

87

Laois/Offaly

Birr

2

2

Portlaoise

1

5

6

Tullamore

4

4

Total

1

11

12

Limerick

Henry Street

1

9

10

Mayorstone 

1

9

10

Roxboro Road

1

8

9

Total

3

26

29

Louth

Drogheda

1

2

8

11

Dundalk

1

1

6

8

Total

2

3

14

19

Mayo

Ballina

1

2

3

Ballycroy

1

1

Castlebar

1

2

3

Claremorris

1

1

Westport

1

1

Total

2

7

9

Meath

Ashbourne

1

5

6

Kells

1

1

2

Navan

2

2

Oldcastle

Total

2

8

10

Roscommon/Longford

Roscommon 

1

1

Ballaghdeerreen

1

1

Castlerea

1

1

Longford

1

2

3

Ballymahon

Strokestown

Boyle

1

1

2

Granard

2

2

Edgeworthstown

Total

2

8

10

Sligo/Leitrim

Sligo

1

4

5

Drumshambo

1

3

4

Total

2

7

9

Tipperary

Cahir

3

3

Clonmel

1

2

3

Nenagh

1

1

Thurles

1

1

Tipperary

Total

2

6

8

Waterford

An Rinn

1

1

Ardmore

1

1

Ballymacarberry

1

1

Cappoquin

1

1

Dungarvan

2

2

Kilmacthomas

1

1

2

Lismore

1

1

Tallow

2

2

Waterford 

1

9

Question No. 536 answered with Question No. 475.

Departmental Data

Questions (537)

Mary Lou McDonald

Question:

537. Deputy Mary Lou McDonald asked the Minister for Justice further to Parliamentary Question No. 443 of 9 May 2023, the reason for the delay in publishing the Criminal Law (Sexual Offences and Human Trafficking) Bill 2022 due at the end of Q2 as set out in the Justice Plan 2023. [34330/23]

View answer

Written answers

I am committed to publishing the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 before the summer recess.

The Bill will implement important reforms in relation to knowledge of consent, ensure anonymity for victims and the accused in sexual offence trials and will clear the final legislative hurdles for ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

The Bill will also put a revised National Referral Mechanism (NRM) in place for identification and support of victims of trafficking and will implement recommendations by the Independent Review Group into the Defence Forces to amend the Defence Act 1954 to ensure that persons subject to military law who commit sexual offences in this jurisdiction will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial.

Pre-legislative scrutiny was carried out on the Criminal Law (Sexual Offences and Human Trafficking) Bill 2022 on 6 December last and the report of the Committee was published on 8 March 2023. The addition of the Defence Act 1954 amendments was agreed further to publication of the Independent Review Group Report at the end of March, and has entailed close cooperation between my Department, the Department of Defence and the Attorney General’s Office in the period since then.

I will publish the Bill this month after which time a date will be sought for the Bill to be debated by the Oireachtas.

Question No. 538 answered with Question No. 475.

Prison Service

Questions (539)

Bernard Durkan

Question:

539. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which drug rehabilitation and educational classes are available throughout the prison service, with particular reference to first-time offenders; and if she will make a statement on the matter. [34344/23]

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.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question 539 for written reply on 11th July 2023 requesting the extent to which drug rehabilitation and educational classes are available throughout the prison service, with particular reference to first-time offenders. At the time of my response the information was not readily available and I undertook to respond to you as soon as possible with the relevant information.
The Irish Prison Service provides a health care service for prisoners with addictions in a structured, safe and professional way in line with international best practice. The Irish Prison Service continues to be committed to, and involved with, the National Drugs Strategy in partnership with community colleagues and organisations.
It is the policy of the Irish Prison Service that, where a person committed to prison gives a history of opiate use and tests positive for opioids, they are offered a medically assisted, symptomatic detoxification, if clinically indicated.
Patients can, as part of the assessment process, discuss other treatment options with healthcare staff and those treatment options may include stabilisation on methadone maintenance for those who wish to continue on maintenance while in prison, and when they return to the community on release.
I can advise the Deputy that the Irish Prison Service engages Merchants Quay Ireland (MQI) to provide a prison-based addiction counselling service across the entire Irish Prison Service estate with the exception of Arbour Hill Prison where there is no clinical need for such a service in that prison. The addiction counselling service includes structured assessments and evidence-based counselling interventions, with clearly-defined treatment plans and goals. Drugs overdose prevention and harm reduction activities are promoted by peer education in all prisons. Their training is provided in collaboration with Merchants Quay Ireland drug counsellors.
In addition, the Irish Red Cross Community Based Health in Prisons Programme has been operating in all Irish Prisons since 2015 in partnership with the Irish Prison Service and the Education and Training Board (ETB). These programmes provides Community Based Health training to prisoners to enable them become peer-to-peer educators, there are between 5-10% of inmates working as volunteers in each prison.
The following are some of the training programmes undertaken by the Irish Red Cross volunteers;
• The production of a nalaxone video for in-cell transmission, this was produced in partnership with the Irish Prison Service, MQI and UISCE as part of the overdose prevention strategy,
• Deliver overdose prevention workshops to their peers to create awareness in the area and help prevent deaths from hazardous behaviours. Overdose prevention is also part of the Open prisons orientation programme in Loughan House and Shelton Abbey,
• For those prisoners recovering from drug addiction, peer-led Relapse Prevention workshops is provided in partnership with MQI,
• Provide information to committals on courses and supports available.
Prison Education Centres provide some QQI courses which include learning around different drugs and how they affect the person, this is normally a partial section of a course and are not considered a drug educational course. The following are run in Prison Education Centres;
• Cork Prison in collaboration with the HSE and University College Cork run an eight-week Introduction to addiction studies.
• In April 2023 the Dochas Centre provided two mornings of lectures from the Maynooth Mountjoy partnership on addiction studies.
• Portlaoise Prison provide “Substance Use Issues for Youthwork” (QQI L5) and “Addiction Awareness Programme” (in house certification) in conjunction with the addiction counsellor.
While the training programmes and education are not necessarily targeted at first time offenders they would include this cohort.
I trust this explains the situation.

Prison Service

Questions (540)

Bernard Durkan

Question:

540. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which an adequate number of prison spaces are being made available, having regard to population demands; and if she will make a statement on the matter. [34346/23]

View answer

Written answers

I can advise the Deputy that the Irish Prison Service and my Department are committed to providing safe and secure custody for all people committed to prison while ensuring a safe working environment for staff. Officials in the Irish Prison Service and the Department are continuously working to identify short, medium and longer term proposals to help manage the current capacity issues in our prisons.

As the Deputy will be aware the Irish Prison Service does not have the option of refusing committals and must accept all prisoners committed by the Courts Service. The prison system is under increasing pressure with factors such as ongoing population growth, increasing Garda and Judicial resources, and more frequent Court sittings, all contributing to a rising prison population.

On 6 July 2023 there were 4,728 people in prison, compared to a bed capacity of 4,487. This has led to the need to accommodate prisoners on mattresses. On 6 July 2023, the total number of people in prison custody required to sleep on mattresses on the floor was 210.

Where the number of prisoners exceeds the maximum capacity in any prison, my officials make every effort to address the issue through a combination of inter-prison transfers and carefully selecting candidates for Temporary Release.

The Government has provided significant capital funding to the Irish Prison Service to enhance the existing prison infrastructure. These projects have included, adding capacity to the Training Unit in Mountjoy Prison and the commissioning of new male and female prison accommodation in Limerick Prison providing an additional 90 male cell spaces and 22 female cell spaces. The male accommodation is now open.

The opening of the new female wing at Limerick Prison is an organisational priority. In order to ensure the safety of people who will live and work in this new wing a significant number of additional staff is required. These staff will come through a combination of direct recruitment and transfers and this process takes time. The Irish Prison Service is working to install the necessary resources to meet the target to bring the new female wing of Limerick Prison into operation later this month.

In order to alleviate the need for people to sleep on mattresses on the floor, the Irish Prison Service has procured a number of bunk beds. The bunk beds will not reduce overcrowding, but will improve the living and sleeping conditions for people in custody. It is intended to progress installation of these bunk beds over the coming months.

In addition, there are plans for 4 short-term capital projects at Castlerea Prison, Cloverhill Prison, the Midlands Prison and Mountjoy Prison. These will deliver a minimum of 620 additional spaces. The need to ensure the continued availability of modern prison facilities with adequate capacity is a priority for my Department, and I continue to engage with the Minister for Public Expenditure with a view to progressing an agreed schedule of capital builds.

Alongside efforts to increase prison capacity, my Department is progressing a range of policy options to ensure that the courts have a suitably wide range of appropriate options for dealing with people who have committed minor offences.

The Programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform. In respect of delivering on this commitment, the Government approved the Review of Policy Options for Prison and Penal Reform 2022-2024 in August 2022.

This review seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community-based sanctions are more appropriate in diverting offenders away from future criminal activity and that they have a role to play in addressing criminality, reducing reoffending and providing protection to the public, while holding the individual accountable.

Prison Service

Questions (541)

Bernard Durkan

Question:

541. Deputy Bernard J. Durkan asked the Minister for Justice the number of persons currently in drug rehabilitation programmes in prison; the number of prisoners awaiting access to such programmes; and if she will make a statement on the matter. [34347/23]

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Written answers

The Prison Service provides a health care service for prisoners with addictions in a structured, safe and professional basis in line with international best practice. The Prison Service continues to be committed to, and involved with, the National Drugs Strategy in partnership with community colleagues and organisations.It is the policy of the Service that, where a person committed to prison gives a history of opiate use and tests positive for opioids, they are offered a medically assisted, symptomatic detoxification, if clinically indicated.Patients can, as part of the assessment process, discuss other treatment options with healthcare staff; those treatment options may include stabilisation on methadone maintenance for persons who wish to continue on maintenance while in prison, and when they return to the community on release. I am further advised that while drug treatment services are provided in all closed prisons, the same type of programmes are not offered in open prisons as a condition of transfer to an open prison is that the prisoner is drug free.

In May, 813 prisoners received drug stabilisation or methadone maintenance during the month. There is no waiting list to access the above supports.

I can further advise the Deputy that, the Irish Prison Service engages Merchants Quay Ireland (MQI) to provide a prison-based addiction counselling service across the entire Irish Prison Service estate with the exception of Arbour Hill Prison where there is no clinical need for such a service in that prison. The addiction counselling service includes structured assessments and evidence-based counselling interventions, with clearly-defined treatment plans and goals.

The MQI service provides a range of counselling and intervention skills related to substance misuse and dependency. These skills include, motivational interviewing and enhancement therapy, a twelve step facilitation programme, cognitive behavioural therapy and harm reduction approaches. Prisoners are offered one to one counselling and group work interventions.

In May 2023 MQI completed a total of 1,617 client interventions. This total was made up of 739 counselling sessions, 211 brief interventions, 586 group assessments and 81 assessments.

The Irish Prison Service and MQI prioritise those prisoners that are in greatest clinical need and will work closely as part of a multi-disciplinary team to manage the waiting list with team leaders reviewing caseloads with each counsellor monthly to ensure that cases are closing appropriately.

Prisoners who are closer to release are prioritised and MQI try to identify available services in the community in order that there is continuity of care.

The information requested by the Deputy on the number of prisoners who are currently on waiting lists to access addiction services by prison is provided in the table below.

Prison

Number currently on waiting list

Cork

116

Limerick

68

Midlands

136

Portlaoise

77

Mountjoy

85

Dochas

42

Loughan House

14

Shelton Abbey

0

Wheatfield

147

Cloverhill

51

Castlerea

94

Prison Service

Questions (542)

Bernard Durkan

Question:

542. Deputy Bernard J. Durkan asked the Minister for Justice the number of persons, if any, currently released on bail and awaiting trial in respect of serious offences; and if she will make a statement on the matter. [34348/23]

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Written answers

As the Deputy was previously advised, and as I am sure the Deputy appreciates, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law.While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding Judge is entirely independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the Judge.As previously conveyed to the Deputy, the Bail Act 1997 followed on foot of the 1996 referendum on a proposed amendment to the Constitution enabling a court to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the State’s bail laws were further strengthened, specifically by the Criminal Justice Act, 2007, the Criminal Justice Act, 2015, and the Criminal Justice Act, 2017. In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant, any convictions for offences that were committed while on bail and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.

The 2007 Act provides that when a person is admitted to bail, there is a mandatory condition that the accused not commit an offence while on bail. The commission of an offence while released on bail is an automatic breach of one of the conditions of bail and may result in the issue of a bench warrant for the accused’s arrest.The 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the Judge will issue a bench warrant and this gives An Garda Síochána power to arrest and bring the person before the Court to answer all charges relating to the bail.

In the event of a breach of High Court bail, the defendant must be brought before the Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge and an order against the defendant and/or their surety for the ‘forfeiture and estreatment’ of the bail money.

It is also important to state that criminal investigations are carried out by An Garda Síochána, who then submit a report to the DPP. The Director of Public Prosecutions (DPP) is the agency responsible for the prosecution of crime in Ireland and it is for the DPP to decide whether or not someone should be prosecuted and for what crime. This decision is made on the basis of the Garda findings, viewed against the background of common and/or statute law. The Director is fully independent in the performance of her functions.Furthermore, as the Deputy will be aware, the provision of figures in relation to convictions are a matter for the Courts Service. Management of the courts, operational and logistical matters are the responsibility of the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. As the Deputy will be aware, I have no role in this regard. However, I am advised by the Court Service that it is not possible to provide the Deputy with the information sought.

An Garda Síochána

Questions (543)

Bernard Durkan

Question:

543. Deputy Bernard J. Durkan asked the Minister for Justice the degree to which she and her Department continue to combat the various levels of organised crime operating in this jurisdiction or internationally; the extent to which she continues to ensure that An Garda Síochána has sufficient resources to deal with the situation; and if she will make a statement on the matter. [34349/23]

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Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda operations aimed at preventing and countering criminal activity. As Minister, I have no direct role in these matters.

I can assure the Deputy that An Garda Síochána continues to work closely with international partners to combat transnational crime and has already had significant success in this regard.

Given the global nature of the drugs trade, international law enforcement co-operation remains a key element in the overall response. An Garda Síochána has strong and strategic partnerships in place at international level targeting drug trafficking, including working closely with relevant law enforcement agencies such as INTERPOL and Europol and participating in the Maritime Analysis Operations Centre for Narcotics (MAOC-N) based in Lisbon.

I wish to acknowledge the work of the Garda National Drugs and Organised Crime Bureau (GNDOCB). GNDOCB continues to have significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. GNDOCB’s work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities. GNDOCB also works in cooperation with international law enforcement partners. An Garda Síochána also uses multi-disciplinary approaches to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Such approaches include the use of money-laundering legislation and the powers available to CAB under the proceeds of crime legislation.

An Garda Síochána continues to target those involved in street-level dealing across the country and also focuses on disrupting and dismantling the drug trafficking networks that impact on our communities and prosecuting those involved at every level through Operation Tara. Some recent successes of Operation Tara include the seizure last week of cigarettes with an estimated value of €10 Million with a loss to the Exchequer of €7.5 million. Last month, also through Operation Tara, Gardaí arrested a man following the seizure of over €1.5 million in cocaine and cash in Dublin and Meath.

I am sure the Deputy will agree, it is important that communities work together with An Garda Síochána in relation to such behaviour. Reporting by the public of illegal activity, including drug dealing or intimidation, is important to assist in this work and there are a range of channels to do so, including through the Garda Confidential Line 1800 666 111. I encourage anyone with information in that regard to contact An Garda Síochána in this way.

More broadly, the Deputy will be interested to know, I am progressing the Criminal Justice (Miscellaneous Provisions) Bill which will increase the maximum sentence for conspiracy to murder from ten years to life in prison. These new laws will ensure that An Garda Síochána and our Courts have the tools they need to take firm and decisive action to deal with our most serious criminals.

Justice Plan 2023 commits to working to break the links between gangs and the children they seek to recruit. This includes draft legislation to outlaw the grooming of children into a life of crime. In parallel, we will also continue to roll out the evidence-based community intervention programme “Greentown”, which seeks to break the link between children who are engaged, or at risk of engaging, with a criminal gang.

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