Skip to main content
Normal View

Tuesday, 25 Jul 2023

Written Answers Nos. 848-862

Legislative Measures

Questions (848)

Fergus O'Dowd

Question:

848. Deputy Fergus O'Dowd asked the Minister for Justice to make regulations under section 60 of the Data Protection Act 2018 where, for the purposes of safeguarding important objectives of general public interest, it is necessary to restrict the rights of the data subject to protect the rights of the data subject and to protect the rights and freedom of others, where the ‘general public interest’ are set out in Article 23 of the GDPR which include in addition to the protection of the data subject and the rights and freedom of others, ‘the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions’; and if she will make a statement on the matter. [36372/23]

View answer

Written answers

Strengthening data subjects’ rights, facilitating the exercise of rights, and improving oversight and enforcement, are central to the objectives of the General Data Protection Regulation (GDPR). Article 23 of the GDPR recognises the need for restrictions on the exercise of data subject rights for certain public interest purposes. Guidance from the European Data Protection Board has highlighted that any such restrictions should be interpreted narrowly, only be applied in specifically provided circumstances, and only when certain conditions are met.

To be lawful, restrictions must be provided for in a legislative measure, concern a limited number of rights of data subjects and/or controller’s obligations which are listed in Article 23, and respect the essence of the fundamental rights and freedoms at issue. The restrictions must also amount to a necessary and proportionate measure in a democratic society while safeguarding one of the grounds set out in Article 23(1) GDPR.

Section 60 of the Data Protection Act of 2018 Act gives effect to Article 23 and section 60 (6) provides for the making of regulations to restrict certain rights and obligations where such restrictions are necessary for the purposes of safeguarding important objectives of general public interest as outlined in section 60(7).  In accordance with Section 60(9), any Minister may make such regulations following consultation with the Minister for Justice.

Therefore, having regard to the need to regulate for such restrictions in very specific terms, and that the power to regulate is conferred on any Minister, any regulations relating to the prevention, investigation, detection and prosecution of breaches of ethics for a regulated profession, would be a matter for the Minister responsible for the regulation of the profession or sector in question. 

A number of regulations have been made to date under s60 of the 2018 Act.

Immigration Status

Questions (849)

Bernard Durkan

Question:

849. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in the determination of an application as part of recent undocumented scheme in the case of a person (details supplied); and if she will make a statement on the matter. [36412/23]

View answer

Written answers

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 09 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will also require additional processing. 

Each o daapplication received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf. 

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

Immigration Policy

Questions (850)

Paul Murphy

Question:

850. Deputy Paul Murphy asked the Minister for Justice the reason there is not a visa specifically for Irish citizens returning to Ireland with a spouse or child, given that they currently have to apply for a join spouse visa even if they will be travelling to Ireland together; and if she will make a statement on the matter. [36460/23]

View answer

Written answers

I can advise the Deputy that that not all nationalities are visa required to travel to the State. Any person that is unsure as to whether they require a visa/preclearance to enter Ireland can check according to 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

The civil status of the person intending to travel, or the nationality of any relative/sponsor the applicant may have in the State has no bearing on their requirement to obtain a visa. The requirement to obtain a visa is based solely on the country that issued their passport or travel document.

 Currently, there is a separate category of visa for family members of Irish Citizens (Join Family Category A sponsor), which would apply to all Irish Citizens wishing to be joined by visa required spouses and/or  children.

Any visa required national that wishes to enter the State, and remain, for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa. Any person that wishes to make an application for a visa must do so online at:

www.visas.inis.gov.ie/avats/OnlineHome.aspx

Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document, which is currently under review, may be accessed at the following link:

www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf

An Garda Síochána

Questions (851)

Jim O'Callaghan

Question:

851. Deputy Jim O'Callaghan asked the Minister for Justice the number of gardaí, by rank, attached to Garda mounted unit as of 14 July 2023; and if she will make a statement on the matter. [36461/23]

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 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.

I am advised by the Garda authorities that at 14 July 2023 there are 12 Garda members and 1 Sergeant attached to the Garda mounted unit.

An Garda Síochána

Questions (852)

Jim O'Callaghan

Question:

852. Deputy Jim O'Callaghan asked the Minister for Justice if she will report on Garda Operation Saul; the number of persons arrested and charged to date; the number of successful convictions obtained under this operation to date; and if she will make a statement on the matter. [36462/23]

View answer

Written answers

The safety and security of both public transport passengers and staff, including arrangements to deal with anti-social behaviour, are important matters that must be managed by every public transport company, in conjunction with An Garda Síochána where appropriate.

As the Deputy will be aware, the Garda Commissioner is responsible for the management of An Garda Síochána, including all Garda operations. As Minister, I am unable to direct the Commissioner in regards to deployment of resources. 

The Deputy will also be aware that management of the courts, including operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

Garda Operation Saul is implemented across the Dublin Region. The aim of Operation Saul is to provide a safe environment for commuters using all public transport services in the DMR together with reassuring the citizens, visitors and the business community in Dublin is a safe place in which to visit, socialise, conduct business and enjoy all its amenities. Operation Saul involves the effective management and planned delivery of all working resources in the DMR to ensure the delivery both an overt and covert policing response on board Bus, Luas, Dart and Train services to effectively tackle anti-social behaviour, public order and criminal activity, on a daily basis.   

Under Operation Saul, each Chief Superintendent within the DMR ensures continued collaboration with key transport stakeholders and providers along with Local Authorities to ensure an integrated approach at Key High Risk periods of the year identified in the DMR Roads Policing Plan.

I am advised by the Garda authorities that for the period 01 January 2023 - 30 June 2023, the latest date for which figures are available, there were are a total of 3,029 incidents recorded on the Garda PULSE System associated with Operation Saul. Of these incidents 2,954 were non-crime and 75 were crimes that are either under active investigation or have resulted in accused persons appearing before the Criminal Courts. A total of 49 charges/summons were preferred during the first 6 months of 2023, as well as a small number of Adult cautions and Juvenile referrals.

A new Garda Síochána DMR Control Centre based at the National Train Control Centre at Heuston Station in Dublin was opened earlier this year. This state-of-the art new premises, which will house the operations of call takers and dispatchers, is another step forward in modernising An Garda Síochána and strengthening links with public transport operators.

This call and dispatch centre, located on a floor in the new National Train Control Centre in Heuston Station, is the nerve centre to Garda operations in the Dublin Metropolitan region and the personnel working there are the people at the frontline taking sometimes the most challenging and time-sensitive calls.

The location of An Garda Síochána, Iarnród Éireann and Dublin City Council control centres in the same building will help Gardaí to build upon the already excellent relationships they have with public transport providers, particularly in the event of serious emergencies requiring coordinated responses.

An Garda Síochána

Questions (853)

Jim O'Callaghan

Question:

853. Deputy Jim O'Callaghan asked the Minister for Justice the names of external veterinary services used by either the Garda mounted unit or the Garda dog unit in 2022 and to date in 2023; the amount paid to each provider for their services in the period in question, in tabular form; and if she will make a statement on the matter. [36463/23]

View answer

Written answers

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 recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand. 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, which includes the provision of health care for the dogs and horses in both the Garda Mounted Unit and the Garda Dog Unit. As Minister, I have no role in such matters.
I am informed by the Garda authorities that the tables in the Appendix below set out the details of the veterinary services used by both the Garda Mounted Unit and the Garda Dog Unit; and the amounts paid to each veterinary practitioner in 2022 and in 2023, up to 25 July 2023.
Appendix

Veterinary Practitioner - 2022

€ Total

LISADELL EQUINE HOSPITAL.

12,894.60

UCD VET HOSPITAL

5,363.04

CVS (IRELAND) VETERINARY SERVICES NO 2

4,497.15

COOLOCK VETERINARY HOSPITAL

4,423.27

NUTGROVE VETERINARY HOSPITAL ULC

1,488.27

HIGHFIELD VETERINARY

1,223.08

VETERINARY SPECIALISTS IRELAND

838.20

SERENGETI LTD

748.57

CASTLE VETERINARY CLINIC,

592.44

VETERINARY CLINIC RATOATH

308.50

MOSS VET HOSPITAL

297.16

SKINVET IRELAND

193.80

DR FOLKE ROHRSSEN VET SURGEON

177.80

AAA VET CARE LTD

174.97

THE PET EMERGENCY HOSPITAL

166.00

Grand Total

33,386.85

Veterinary Practitioner - 2023 up to 25 July 2023

€ Total

CVS (IRELAND) VETERINARY SERVICES NO 2

7,154.66

LISADELL EQUINE HOSPITAL.

6,872.08

NUTGROVE VETERINARY HOSPITAL ULC

5,030.41

COOLOCK VETERINARY HOSPITAL

3,915.50

HIGHFIELD VETERINARY

2,410.36

AAA VET CARE LTD

1,562.90

CRESCENT VETERINARY CLINIC.

703.90

SERENGETI LTD

511.63

UCD VET HOSPITAL

415.00

Grand Total

28,576.44

An Garda Síochána

Questions (854)

Jim O'Callaghan

Question:

854. Deputy Jim O'Callaghan asked the Minister for Justice the percentage of members of An Garda Síochána who have a competency-based driver permit level 4; and if she will make a statement on the matter. [36464/23]

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 for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.

The Government is committed to building stronger, safer communities and a strengthened, well-resourced An 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.

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.

It is worth noting that Competency-Based Driving  (CBD) Level 4 courses are run solely for the selection of members to serve as Driving Instructors attached to the Garda College. As such, this course is only run once the need arises to fill vacancies within the Driving Schools attached to the Garda College.

While the Garda authorities do not have the specific information sought by the Deputy, I am advised that no CBD Level 4 courses were held in 2019 or 2020.  There were 6 CBD Level 4 courses held in 2021 and I understand that 31 candidates were successful in completing the course.  I am further advised that there were no level 4 courses in 2022 or up to 3 July 2023, the latest date for which figures are available. Please note that this information is operational and may be subject to change.

Domestic, Sexual and Gender-based Violence

Questions (855)

Jim O'Callaghan

Question:

855. Deputy Jim O'Callaghan asked the Minister for Justice the estimated current expenditure cost of providing ten additional refuge spaces; and if she will make a statement on the matter. [36465/23]

View answer

Written answers

As the Deputy will be aware, the Government is establishing a new statutory agency with a dedicated focus on domestic sexual and gender-based violence, which will be up and running in January 2024.

The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue.

Tusla currently holds the remit for funding frontline services that provide support and protection to victims / survivors of DSGBV. In that regard, Tusla commissions and supports the provision of services from 60 specialist services around the country; including 44 services providing support to victims of domestic violence, 21 of which provide safe accommodation in refuges.

The Third National Strategy on Domestic, Sexual and Gender Based Violence commits to the fastest ever expansion refuge space numbers. Implementation of the strategy will see the number of refuge spaces double over the lifetime of the plan, (bringing it to 280 places across the five years of the Strategy) and alongside this will introduce the processes, structures and supports to deliver the higher Istanbul target.

On foot of a review of accommodation for victims of domestic violence in published in 2022, twelve immediate priority locations have been identified for development of new refuges, along with the redevelopment of refuges in Wexford, Navan and Dundalk.

An interdepartmental steering committee, which includes representatives from the Department of Justice, the Department of Children and Tusla, is supporting accelerated development of refuges around the country, to ensure that the highest standard of refuge accommodation, can be delivered in the most efficient way, in collaboration with key stakeholders. 

This has already resulted in access to technical supports for applicant groups from the Housing Agency and a high level of engagement between key stakeholders to address emerging issues.

Dedicated funding has been made available for 2023, for measures such as project management support and capacity building, so that refuge developments are supported from the earliest stages.

Analysis undertaken by Tusla as part of the review of domestic violence accommodation provision, indicated that revenue costs for operation of high support refuges were in the region of €100,000 per unit at the time of the review.

This figure is based on the model of a 24 day, 7 day week, fully staffed service with direct support for women and dedicated support for children. Other operational costs such as management, utilities, cleaning, maintenance are also included. A ‘unit’ accommodates an individual woman or an individual woman and her children. 

With recognised cost of living increases more recently, it is acknowledged that these ‘average’ costs have increased since the accommodation review. Additional funding of 6% across the board was provided in 2023 to address costs pressures for all DSGBV services, including refuges, as part of the €7m additional funding for the DSGBV services’ sector through the Department of Justice.

This means the average cost per unit as described above is €106,000 or €1,060,000 per ten unit refuge. Again it is important to stress this cost relates to service provision, not building or acquisition costs, or costs associated with capital or environmental works.

Specific costs can vary from service to service and depending on geographical location. Tusla is engaged with organisations leading refuge developments to develop and resource business cases to support the operation of refuges as they come on stream and future funding requirements will be considered as part of the estimates process for 2024 and beyond.

The Deputy will be aware that the capital costs of provision of new refuge units are a matter for the Department of Housing, Local Government and Heritage and Housing Authorities.

An Garda Síochána

Questions (856)

Jim O'Callaghan

Question:

856. Deputy Jim O'Callaghan asked the Minister for Justice the number of Garda public order unit vans that will come into the fleet during 2023; the number of Garda public order unit vans withdrawn from the fleet during 2022 and to date in 2023, in tabular form; and if she will make a statement on the matter. [36467/23]

View answer

Written answers

The Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2023 provides funding of over €2 billion for An Garda Síochána, of which €10m has been allocated for investment in the Garda fleet.

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 purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.

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.

I am informed by the Garda authorities that as at 30 June 2023, the Public Order Unit fleet stands at 30 vans. I am advised that no vans were allocated or removed from the Public Order Unit fleet in 2022 or 2023 (up to 30 June).

An Garda Síochána

Questions (857)

Jim O'Callaghan

Question:

857. Deputy Jim O'Callaghan asked the Minister for Justice the costs incurred by An Garda Síochána from policing the US President's visit to Ireland in April 2023; and if she will make a statement on the matter. [36468/23]

View answer

Written answers

The Deputy will appreciate that high level visits to Ireland are of significant importance in the development and maintenance of our relations with other States.  Such visits are to be welcomed and offer important opportunities to us, as a small outward-looking State, for positive engagement with partners. 

In terms of the costs associated with the visit to Ireland of President Biden, the Deputy will appreciate that there is an obligation on the State to take appropriate measures to ensure the safety of every visiting dignitary, in line with risk assessment.  Similar measures and courtesies are as a matter of course also extended to Ireland, when the President and members of Government travel on official visits to other States.

I am advised by the Garda authorities that the full cost of the visit of President Biden in April 2023 has not yet been fully determined. 

An Garda Síochána

Questions (858)

Jim O'Callaghan

Question:

858. Deputy Jim O'Callaghan asked the Minister for Justice the number of competitions held in 2022 and to date in 2023 for sworn gardaí to apply to join the Garda air support unit; and if she will make a statement on the matter. [36469/23]

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 Garda recruitment and training. As Minister, I have no direct role in these matters.

However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that there have been no competitions in 2022 or to date in 2023 for sworn Gardaí to apply to join the Garda Air Support Unit.

An Garda Síochána

Questions (859)

Jim O'Callaghan

Question:

859. Deputy Jim O'Callaghan asked the Minister for Justice the number of advanced motorcycle courses held for gardaí within the DMR north division to date in 2023; and if she will make a statement on the matter. [36470/23]

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 for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.

I have been advised by the Garda authorities there have been no advanced motorcycle courses within the DMR North to date in 2023.  

AGS has two types of motorcycles, a standard and higher powered version. The higher powered motorcycle which would require the advanced course is not generally allocated to divisional policing. It would be the DMR Traffic Unit which holds these motorcycles and they have a remit across all of DMR. 

Naturalisation Applications

Questions (860)

Ged Nash

Question:

860. Deputy Ged Nash asked the Minister for Justice if, under the circumstances, an early decision will be made on a naturalisation application which was made in January 2023 (details supplied); and if she will make a statement on the matter. [36472/23]

View answer

Written answers

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments. The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.

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

Question No. 861 answered with Question No. 832.

An Garda Síochána

Questions (862)

Darren O'Rourke

Question:

862. Deputy Darren O'Rourke asked the Minister for Justice the number of gardaí within the Meath division that successfully completed the method of entry course in 2022 and to date in 2023, in tabular form; and the duration of this course. [36518/23]

View answer

Written answers

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 for the recruitment, training and deployment of Garda members. As Minister, I have no role in these matters.

I can however assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced An 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.

To be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that Meath Division is currently on the waiting list for the Method of Entry Course.

I am also advised that as a result no member within the Division has participated in or completed this course in the years requested by the Deputy. I am informed however that this situation will be reviewed over the coming months.

Top
Share