Tuesday, 25 Jul 2023

Written Answers Nos. 803-817

An Garda Síochána

Questions (803)

Paul Donnelly

Question:

803. Deputy Paul Donnelly asked the Minister for Justice the number of gardaí, by rank, attached to each divisional criminal intelligence office, in tabular form. [35793/23]

Written answers

Minister for Justice

I have sought the information requested by the Deputy from An Garda Síochána, and will contact him again when this is to hand.

The following deferred reply was received under Standing Order 51.

As you 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 distribution of Garda members. As Minister, I have no role in such matters. I am however assured by the Commissioner that this distribution is kept under review in light of emerging crime trends and policing needs.

At 25 of July 2023 there were 48 Criminal Intelligence Officers in An Garda Síochána. I can inform you that the Garda authorities are unable to breakdown the number of Criminal Intelligence Officers by Division for operational reasons. I can also inform you that each Criminal Intelligence Officer is at Garda rank.

An Garda Síochána

Questions (804)

Paul Donnelly

Question:

804. Deputy Paul Donnelly asked the Minister for Justice if a new contract for the supply of additional marked Garda cars and vans has been put out to tender. [35794/23]

Written answers

Minister for Justice

As the Deputy will be aware, under Section 26 of the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of Garda business. This includes all operational policing decisions regarding needs of the Garda fleet. As Minister, I have no role in these matters.

I have been informed by the Garda authorities that Garda vehicles including Garda cars and vans are purchased under contracts tendered by the Office of Government Procurement.  The new tender process is being undertaken by the Office for Government Procurement, and as such I am not in a position to give a more specific timeline on the process.

I have been assured that the purchase and allocation of vehicles by An Garda Síochána is made on the basis of identified operational demands, the availability of resources and is reviewed on a continual basis.

The Government is committed to ensuring An Garda Síochána have the resources it needs to deliver on its mission of keeping people safe. This is reflected in the allocation of over €2 billion in Budget 2023, including a €10 million investment in the Garda Fleet.

Equality Issues

Questions (805)

Michael Moynihan

Question:

805. Deputy Michael Moynihan asked the Minister for Justice the action her Department has taken to honour the programme for Government pledge to ensure that Government Departments and public bodies take positive steps, including the use of correct pronouns and, where possible, making improvements on official forms, to assist non-binary people. [35833/23]

Written answers

Minister for Justice

My Department plays a central role in underpinning and sustaining a democratic society and our mission is working for a safe, fair and inclusive Ireland.

The Department has made a strong commitment to creating an inclusive and diverse workplace reflective of Irish society, where all individuals feel valued, included and respected, and much work has been done in embedding a culture of inclusiveness throughout the Department and its agencies and offices.

The Department has established an Equality, Diversity, Inclusion and Public Sector Duty Committee chaired at Assistant Secretary level, to co-ordinate and drive action in promoting equality, diversity and inclusion in all that we do.

As the Deputy may be aware, my Department published its first Equality, Diversity and Inclusion Strategy in 2022, and the Committee oversees the implementation of actions within that Strategy related to workplace culture, the creation of a diverse workforce, the provision of quality accessible customer services  and better policy outcomes.

The Committee is currently developing gender identity and expression guidance and is co-ordinating with other Departments across the civil service in this regard.

In addition, my Department has an LGBT+ Staff Network who have recently conducted a staff survey in order to better understand LGBT+ members of staff including gender identification preferences. 

Domestic, Sexual and Gender-based Violence

Questions (806, 808)

Mary Lou McDonald

Question:

806. Deputy Mary Lou McDonald asked the Minister for Justice to provide, in tabular form, domestic, sexual and gender-based violence offences data for 2022, broken down by Garda district or station, to include, but not limited to, rape, sexual assault, domestic violence and coercive control. [35840/23]

Mary Lou McDonald

Question:

808. Deputy Mary Lou McDonald asked the Minister for Justice to provide, in tabular form, a breakdown of domestic, sexual and gender-based violence offences data, to include, but not limited to, rape, sexual assault, domestic violence and coercive control for the period of 2020-2023 to date in the Dublin north inner city and north-west inner city. [35842/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 806 and 808 together.

Tackling domestic, sexual and gender-based violence and supporting vulnerable victims are priorities for Government, the Department of Justice, and the Garda Commissioner. 

It is recognised that, historically, people may not have felt able to come forward to report such violence, for fear of retribution or because they did not have confidence that the system would support and protect them.

An Garda Síochána and my Department are working hard to strengthen trust and confidence in the criminal justice system so that victims feel empowered to come forward. 

My Department has also worked with criminal justice agencies and civil society frontline partners on national awareness raising campaigns and to co-design our most ambitious domestic, sexual and gender based violence strategy.

Gardaí now have Divisional Protective Services Units in each division, so specialised teams nationwide follow up with vulnerable victims in these most difficult cases.

The offence of coercive control was introduced in section 39 of the Domestic Violence Act 2018. Creating a specific offence of coercive control sent a clear, consistent message that non-violent control in an intimate relationship is criminal.

The prosecutions and convictions to date for this offence will hopefully encourage anyone who may be a victim of this crime to come forward and seek help. For those who perpetrate this crime, the message is also clear – you cannot act with impunity. It is hoped that as more convictions follow, other victims of coercive control will feel confident to come forward.

As part of delivering on the commitments under the Third National Strategy, I am further strengthening the law to combat all forms of domestic, sexual and gender based violence. Earlier this month I brought forward legislation which includes increasing the penalties for assault causing harm, introducing the standalone offence of non-fatal strangulation and I am progressing a new Sexual Offences Bill which will, among other things, better support victims.

Work also continues to implement Supporting a Victim’s Journey, to reform the criminal justice system at every point a victim comes into contact with it.

In relation to the specific information sought by the Deputy, I am informed that to determine the number of Domestic Abuse incidents reported in a given timeframe a number of criteria are applied. The counts in the table below are a combination of the following:

The incident type is one of:

• Breach of Interim Barring Order

• Breach of Protection Order

• Breach of Barring Order

• Breach of Safety Order

• Domestic - No Offence Identified

• Breach of Emergency Barring Order

or is of any incident type, but with a recorded motive of ‘Domestic Abuse’.

Region	Division	2020	2021	2022	2023*
Dublin	D.M.R. Eastern	1,039	1,031	1,174	619
	D.M.R. North Central	1,253	1,559	1,602	870
	D.M.R. Northern	3,441	3,459	3,820	2,217
	D.M.R. South Central	1,159	1,229	1,382	755
	D.M.R Southern	2,436	2,590	2,960	1,564
	D.M.R. Western	3,810	4,261	4,651	2,486
Eastern	Kildare Division	1,600	1,637	2,153	1,135
	Kilkenny/Carlow	730	900	977	636
	Laois/Offaly	1,150	1,369	1,527	875
	Meath Division	1,210	1,419	1,489	833
	Waterford Division	937	1,078	1,265	682
	Westmeath Division	829	842	1,008	579
	Wexford Division	1,018	1,235	1,473	814
	Wicklow Division	814	804	918	504
North Western	Cavan/Monaghan	937	1,226	1,320	685
	Donegal	898	1,020	1,172	696
	Galway Division	1,337	1,670	1,811	1,024
	Louth Division	1,572	1,833	1,930	1,043
	Mayo/Roscommon/Longford	1,422	1,776	1,968	1,107
	Sligo/Leitrim	691	885	784	385
Southern Region	Clare	705	830	889	618
	Cork City	1,744	1,735	2,170	1,127
	Cork North	904	1,024	1,187	669
	Cork West	510	558	585	358
	Kerry	926	1,050	1,281	681
	Limerick	1,642	2,015	2,477	1,450
	Tipperary	931	1,100	1,251	743

* Up to and including 19-Jul-2023

The Deputy will wish to be aware that the incident counts are based on reported data and were collated based on PULSE data as of 1:30am on 20 July 2023. Crime counting rules are not applied.

I have been advised by An Garda Síochána that the statistics for rape and sexual assault are available from the CSO at Divisional level and can be accessed via the following link: 

data.cso.ie/table/CJQ06

I am further informed that in relation to coercive control, the count of reported incidents is too low to provide a breakdown at Garda Divisional level but a summary of incidents reported by Garda Region since 2020 are provided in the table below.

Garda Region	2020	2021	2022	2023
Dublin Region	36	36	40	22
Eastern Region (New)	26	42	53	20
North Western Region	24	51	59	21
Southern Region (New)	22	36	44	18
National	108	165	196	81

An Garda Síochána

Questions (807)

Mary Lou McDonald

Question:

807. Deputy Mary Lou McDonald asked the Minister for Justice to provide, in tabular form, a breakdown of crime data for each of the Dublin metropolitan region divisions for the period of 2020-2023 to date. [35841/23]

Written answers

Minister for Justice

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.  The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics.  The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.  

Recorded crime statistics including for each Garda region, division and station and can be viewed at the CSO website at the following link - www.cso.ie/en/statistics/crimeandjustice/

Question No. 808 answered with Question No. 806.

Prison Service

Questions (809)

Pa Daly

Question:

809. Deputy Pa Daly asked the Minister for Justice if the Irish Prison Service Bill 2023 provides for any change to the Civil Service status of current Irish Prison Service staff; and when engagement with representatives of these staff will begin. [35856/23]

Written answers

Minister for Justice

As the Deputy will be aware, the Irish Prison Service (IPS) is currently a non-statutory executive office of the Department of Justice.  It is the second largest agency in the criminal justice system, with over 3,500 staff and an annual budget of more than €420 million.

The IPS is a crucial part of the justice system, with a very substantial duty of care to prisoners and staff alike and plays a significant role in making communities safer through a rehabilitation-oriented approach to prisoner management. 

Establishing the IPS as a statutory body will provide this key agency with defined functions and operational certainty, and will facilitate enhanced performance and accountability in the prison system by instituting a modern, best practice oversight and support framework.  This will include the establishment of a non-executive board to provide oversight and support to the Director General in matters of internal governance and strategy.

In response to the Deputy, I understand that IPS management have provided the relevant union representatives with an outline of the main proposals, including those relating to staff.  The General Scheme of the Irish Prison Service Bill provides that the staff of the IPS will retain their civil service status, with the Director General being designated as the Appropriate Authority for staff within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005. 

Following approval by Government, the General Scheme of the Bill will be published and referred to the Oireachtas Committee on Justice for pre-legislative scrutiny and to the Office of Parliamentary Counsel for drafting.  At that point there will be an opportunity for engagement with staff representatives on any queries or concerns they may have.

Visa Applications

Questions (810)

Niamh Smyth

Question:

810. Deputy Niamh Smyth asked the Minister for Justice if a person’s work visa (details supplied) can be expedited; and if she will make a statement on the matter. [35857/23]

Written answers

Minister for Justice

I am happy to report that the Atypical Working Scheme (AWS) application from the person referred to by the Deputy was approved on 18 July 2023.

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: [e-mail], 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.

Immigration Status

Questions (811)

Thomas Pringle

Question:

811. Deputy Thomas Pringle asked the Minister for Justice whether a non-EU national with leave to remain in the UK and resident in Northern Ireland is permitted to work in the Republic of Ireland and-or apply for residency; and if she will make a statement on the matter. [35860/23]

Written answers

Minister for Justice

I can advise the Deputy that in order to work and reside in Ireland a non-EEA National, unless they are exempted, must hold a valid Employment Permit and an appropriate immigration permission. The Department of Enterprise, Trade and Employment (DETE) administers the Employment Permits system.

Any non-EEA national that is unsure as to whether they require an Employment Permit should contact DETE. Full details can be found at the link below: dbei.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/

If the non-EEA national is unsure as to whether they require a visa/preclearance to enter Ireland they can check their nationality on the list at the following link:

www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf

Legislative Programme

Questions (812)

Pa Daly

Question:

812. Deputy Pa Daly asked the Minister for Justice to provide an update on the criminal justice (community sanctions) Bill. [35886/23]

Written answers

Minister for Justice

My Department has undertaken a policy review of the previously published General Scheme of the Criminal Justice (Community Sanctions) Bill 2014.

Full consideration is being given to facilitating the effective and efficient use of community sanctions by the courts, and to ensuring the courts have a range of appropriate options for dealing with offenders. Following on from this work, I expect to be in a position to bring a revised General Scheme to Government in due course.

An Garda Síochána

Questions (813)

Paul Kehoe

Question:

813. Deputy Paul Kehoe asked the Minister for Justice whether she can request An Garda Síochana to reconsider a decision (details supplied); and if she will make a statement on the matter. [35897/23]

Written answers

Minister for Justice

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 effective and efficient use of Garda vehicles. As Minister, I have no role in these independent functions and am unable to seek to direct, or otherwise influence, the Commissioner in such matters.

As the Deputy can appreciate, it would therefore be inappropriate for me to seek to have the decision referred to reexamined or overturned.

While the Garda Commissioner is operationally responsible I am assured that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use. 

Passport Services

Questions (814)

Ruairí Ó Murchú

Question:

814. Deputy Ruairí Ó Murchú asked the Minister for Justice if she will confirm that information requested by the Department of Foreign Affairs about a passport application (details supplied) has been received by her Department; if it has been processed and returned to the Department of Foreign Affairs; and if she will make a statement on the matter. [35924/23]

Written answers

Minister for Justice

I have checked with the Citizenship Division of my Department who have confirmed that both parents referred to by the Deputy were naturalised at the 10 March 2023 Citizenship Ceremony and their Certificates of Naturalisation have issued.

I can also confirm that my Department has not received any queries from the Department of Foreign Affairs (DFA) in relation to a passport application for the named individual.

Immigration Policy

Questions (815, 816)

Paul Murphy

Question:

815. Deputy Paul Murphy asked the Minister for Justice further to Parliamentary Question No. 79 of 11 July 2023, the timeframe for the conclusion of the review of the immigration arrangements for non-EEA circus performers; and what stakeholders have been consulted in this review. [35930/23]

Paul Murphy

Question:

816. Deputy Paul Murphy asked the Minister for Justice further to Parliamentary Question No. 79 of 11 July 2023, to clarify the immigration arrangements which enable Irish circuses to engage the services of non-EEA national circus performers that have been in place since 2007. [35931/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 815 and 816 together.

As advised in my reply to Parliamentary Question No. 79 of 11 July 2023, my Department has engaged directly with the Department of Enterprise, Trade and Employment, as part of the initial review of the immigration arrangements for non-EEA circus performers.

Officials from my Department will undertake further engagement with relevant stakeholders, including the circus industry, as part of the next phase of this review process. It is anticipated that the review will be fully concluded in the coming months.

The immigration arrangements introduced for the Irish circus industry in 2007 provide for Irish circuses to engage the services of non-EEA circus performers, for a limited period of time, without the need for a work permit from the Department of Enterprise, Trade and Employment. The immigration arrangement allows the circus performer to enter and reside in the State for the specified period of the contract. The permission is non-renewable and the performer must leave the State on or before the expiry of their permission.

I can confirm to the Deputy that the current immigration arrangements will remain in place for 2023, pending the conclusion of the process of engagement.

Question No. 816 answered with Question No. 815.

An Garda Síochána

Questions (817)

Catherine Murphy

Question:

817. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí by rank attached to each community policing unit within each district within Dublin region as of 12 July 2023, in tabular form. [35945/23]

Written answers

Minister for Justice

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.  

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. 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 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.

The Deputy will be interested to know that, as of 30 June, the latest date for which figures are available, there were 663 Community Gardaí across the country.

As of the same date, figures in respect of the number of Community Gardaí assigned to the Dublin Garda Divisions are included in the below table.

Division	As of 30 June 2023
D.M.R. EAST	29
D.M.R. NORTH	71
D.M.R. NORTH CENTRAL	34
D.M.R. SOUTH	46
D.M.R. SOUTH CENTRAL	50
D.M.R. WEST	61
Total	291