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Tuesday, 25 Jul 2023

Written Answers Nos. 878-892

Departmental Strategies

Questions (878)

Cian O'Callaghan

Question:

878. Deputy Cian O'Callaghan asked the Minister for Justice the current status of Action 22.3 of the National LGBTI Inclusion Strategy (for which her Department is responsible); and if she will make a statement on the matter. [36952/23]

View answer

Written answers

The promotion and protection of the rights of LGBTI+ persons and other vulnerable groups is a priority.

As the Deputy will be aware, the Third National Strategy to tackle domestic, sexual and gender based violence was published last year. The goal is of the strategy is clear: zero tolerance in Irish society for any form of domestic, sexual and gender-based violence. The Strategy will run to 2026 and will be accompanied by a detailed implementation plan for each year. The current implementation plan, published alongside the Strateg, runs to the end of this year and contains 144 detailed actions. 

The Zero Tolerance Strategy recognises and acknowledges the need to provide support for all victims/survivors of gender-based violence, irrespective of any characteristics they might have, and acknowledges the intersectionality between sex, gender and sexuality-based violence and ethnicity, ability and age.

All actions in the Strategy must be implemented in a way that takes a horizontal, intersectional approach to ensure the inclusion of socially excluded groups. The Strategy recognises the need to reflect the lived experiences of particular cohorts of victims/survivors and acknowledges the additional risks factors created by overlapping forms of discrimination faced by particular groups (which includes people with disabilities, migrant women, Travellers and Roma, ethnic minorities, and LGBTQI+). An intersectional approach to DSGBV recognises that DSGBV is a problem that requires consideration of all parts of an individual’s identity to ensure equality of outcome for all.

To ensure that all actions taken forward under the Third National Strategy are developed and implemented in accordance with the intersectional needs of victims/survivors, a specialised group whose role will be to proof and advise on all interventions in terms of intersectionality and inclusivity for socially excluded groups will be established by the new DSGBV Agency with the support of the Department of Children Equality, Disability, Integration and Youth, and relevant specialist and community-based support organisations.

As the Deputy will be aware, my Department is currently working with the Office of the Parliamentary Counsel on the bill to establish the new agency on a statutory basis by January of 2024.

An Garda Síochána

Questions (879)

Jennifer Whitmore

Question:

879. Deputy Jennifer Whitmore asked the Minister for Justice if she has been briefed by An Garda Síochána regarding the intimidation of staff in libraries in recent months; and if she will make a statement on the matter. [36970/23]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for operational policing matters, including public order.

The right to protest peacefully is enshrined in the Constitution and under the law and is an essential part of our democracy. It is important to say though that this right must be balanced with protecting the public and upholding the law.  It is the responsibility of all those who wish to express their views, by protest or otherwise, to have regard to the rights of others and to the law. I have been assured by the Commissioner that the policing approach to any protest is predicated on keeping people safe, and preventing any anti-social or criminal behaviour.

The right to protest does not give anyone the right to cause another to fear for their safety and the Deputy will be aware that under the Non-fatal Offences Act, it is an offence to make someone believe that they are likely to be assaulted. It is also an offence to threaten someone with serious harm and it is an offence to beset someone in a way that interferes with their peace, privacy or causes them alarm or distress.

Our public order legislation criminalises offensive behaviour in a public place as well as engaging in threatening, abusive or insulting behaviour in a public place. It is also an offence to distribute or display in a public place any material which is threatening, abusive, insulting or obscene and of course it is an offence to fail to comply with a direction of a member of the Gardaí.  

An Garda Síochána

Questions (880)

Jim O'Callaghan

Question:

880. Deputy Jim O'Callaghan asked the Minister for Justice the number of additional gardaí hired since the formation of this Government, by county, in tabular form; and if she will make a statement on the matter. [37000/23]

View answer

Written answers

I can assure the Deputy the Government is committed to building stronger, safer communities and the 2023 budget of over €2 billion will allow for the continued recruitment of Garda members and staff with recruits entering Templemore 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 the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.

The number of recruits have continued to grow in each class following the re-opening of the college after Covid-19, with 92 recruits entering the Training College in Templemore in late November, 135 in February and another 154 in May. Another class are due to enter the college at the end of this month. 

I will also be in Templemore this week for the graduation of the class which entered in November, and these will have an impact on the frontline. This will be the first class to graduate from the 2022 recruitment campaign and marks a turning point from the Covid-enforced pause. An Garda Síochána is prepared to take in a new class every 11 weeks for the remainder of the year, as provided for in their budget, and I will also be Templemore for graduations every three months.

The Deputy will also note that almost 5,000 people applied to join An Garda Síochána in this year’s recruitment campaign. This is in line with the last pre-Covid campaign in 2019, which shows interest in joining An Garda Síochána is as strong as ever. This campaign, which only closed on 14 April, will provide a stream of candidates for future intakes.

Overall, since 2015 there has been an almost 9% net increase in the number of Gardaí, and this sustained progress will be maintained through An Garda Síochána’s continued recruitment, supported by the Government’s funding.

These Gardaí are supported by around 3,130 Garda staff, which is over 50% more than the number of staff in 2015. This increases the availability of Gardaí to concentrate on frontline policing duties.

Since the reopening of the Garda College in September 2014, a total of 4,029 new recruits have attested as Gardaí and been assigned to duties nationwide. This includes the 542 Probationer Gardaí who have attested since the formation of the Government in June 2020. 

Further detailed information in relation to the allocation of Probationer Gardaí by Division and Station can be found at the following link:  www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/

Question No. 881 answered with Question No. 838.

Court Accommodation

Questions (882)

Jim O'Callaghan

Question:

882. Deputy Jim O'Callaghan asked the Minister for Justice to provide a breakdown of investment in court houses since the formation of this Government, by county, in tabular from; and if she will make a statement on the matter. [37002/23]

View answer

Written answers

Management of the courts, 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.

Information of this nature is held by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

Deportation Orders

Questions (883)

Robert Troy

Question:

883. Deputy Robert Troy asked the Minister for Justice if she will consider publishing on a weekly basis the number of illegal immigrants who are deported; and the reasons such decisions were taken. [37003/23]

View answer

Written answers

I can advise the Deputy that deportation and removal processes are an essential part of any immigration system. It must be acknowledged that those who do not have a legal right to remain in this country must remove themselves from the State. A person subject to a Deportation Order has no legal basis to remain in the State. Their case to remain in the State has been considered in detail and all available appeals processes have been exhausted.

The gov.ie website publishes, on a monthly basis, statistics on Deportation Orders and Enforcement/Removals, where a person had a previous International Protection application. The Deputy will find further details at the link below:

www.gov.ie/pdf/?file=https://assets.gov.ie/263789/fa15e109-2cb2-44e4-bcdd-477b275f2906.pdf#page=null

I can further advise that the table below illustrates the total number of repatriations of persons in 2023 up to 16 July 2023.

Number of removal orders**

14

Number of Self Deportations

15

Number of Enforced Deportations

25

Total Deportations

40

Number of voluntary returns

118

Total

172

  The table below illustrates the number of deportation orders signed and nationality of the person up to 16 July, 2023

Nationality

DO Signed

Albania

161

Georgia

143

Others

57

Pakistan

57

Algeria

40

Brazil

40

Nigeria

24

Afghanistan

15

South Africa

12

Bangladesh

9

Zimbabwe

7

Malawi

6

Vietnam

6

China (Including Hong Kong)

5

Iraq

5

Total

587

Please note that in the case of Afghan nationals, these are cases where the person has not co-operated with the International Protection process (have not attended interviews etc.) and under the relevant legislation the Minister is required to sign a deportation order. 

Please also note that that it is the policy of the Department not to release numbers, where there are less than 5 in respect of any nationality, as there is a concern that a person may be identifiable by releasing such information.

The numbers for Deportation Orders effected does not take account of individuals who have left the State without informing my Department. It is the case that many individuals who are subject to Deportation Orders leave the State without notifying the relevant authorities and this particular category of individual is difficult to quantify.

International Protection

Questions (884)

Robert Troy

Question:

884. Deputy Robert Troy asked the Minister for Justice the processing time for IP asylum applications. [37004/23]

View answer

Written answers

My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.  

The number of International Protection applications last year was 13,651– a significant increase on recent years. This represents a 186% increase on the number received in 2019, the last year in which application numbers were not impacted by COVID-19. A further 5,471 applications have been received to date in 2023 (to end June).

Minister McEntee recently published a report on the International Protection Modernisation Programme for 2023 and 2024. The report set out a suite of reform measures and signals a goal to reach 1,000 decisions on International Protection applications per month by early next year.

As part of this programme, a number of measures have been implemented to improve efficiencies and throughput, in tandem with reforms to the application, interview and decision-making process. The IPO have already increased the number applications processed from 2,484 in 2021 to 4,899 in 2022 – an increase of 97%. This year, to end June 2023, almost 3,990 first instance decisions have been made by the IPO, increasing even further the rate of decisions being made year on year.

The median processing time for first instance decisions in quarter two of 2023 was 12 months, a reduction from 18 months over the course of 2022.  The median processing times for appeals in quarter two 2023 was just below 5 months, down from 15 months at the beginning of 2022. Currently fewer than 2% of people are waiting over two years for a first-instance decision, typically for reasons not in the IPO’s control.

As part of this programme, an accelerated procedure for international protection applicants from safe countries of origin was also introduced.  Applicants from safe countries of origin now receive a first instance decision in less than 3 months,  which is a significant reduction from a norm of 22 to 26 months early last year.

These reforms are being supported with significant increased resources. Approximately €19m was allocated in Budget 2023 to the International Protection Office (IPO) and International Protection Appeals Tribunal (IPAT) to scale up processing.  This is supported by investment in human resources, infrastructure, technology and process engineering.   As part of the modernisation programme I have put in place, these resources, and the impact they are having is being closely monitored and will be adjusted and refined as necessary.

The Deputy may also wish to know that my Department has created a new website to provide a detailed overview of the International Protection process in Ireland which can be accessed at:

www.gov.ie/en/campaigns/304ba-international-protection/

This site also provides detailed statistics and metrics in relation to processing of applications for protection. These statistics will be published on a monthly basis.

www.gov.ie/en/collection/48a28-international-protection-in-numbers/

International Protection

Questions (885)

Robert Troy

Question:

885. Deputy Robert Troy asked the Minister for Justice if she will provide in tabular form the number of staff across the various division in international protection sections for each year 2020, 2021 and 2022. [37005/23]

View answer

Written answers

My Department is committed to reducing processing times for international protection applicants and is taking steps to ensure that applications are dealt with as quickly as possible.

Staffing figures in the International Protection Office are set out in the below table.

Year

2020

2021

2022

2023 to date

Number of staff

148

178

214

344

Staffing figures in the International Protection Appeals Tribunal are set out in the table below

Year

2020

2021

2022

2023 to date

Number of staff

47

51

47

58

Significant investment in human resources and other modernisation initiatives is underway with a view to reducing processing times for international protection applicants, ensuring that those in need of protection receive that status without undue delay, while those that do not qualify are advised of this in good time. 

The International Protection Office has also developed a Modernisation Strategy for 2023/2024. The key objective of the strategy is that the IPO will further increase outputs throughout 2023, while significantly accelerating certain categories of cases, and continually improving the quality of decision making.

Staff numbers have already increased by 66% since December 2022, from 214 to 344 staff assigned. The IPO intends to further increase resources to 430 staff by the end of the year.

In addition to the above assigned staffing numbers, case processing Panel Members are contracted by the Department to make recommendations on International Protection cases to the International Protection Office.  The number of panel members to be recruited in the IPO and IPAT will also be increased during 2023.

These resources will be supported by increased training and quality control support from the UNHCR. This expansion in human resources has already resulted in a substantial increase in the number of recommendations made.

IPAT’s operational capacity is also currently being significantly expanded to meet their increased caseload. Additional resources are being deployed through increasing the number of Tribunal members as well as further recruitment of administrative staff.  This is proceeding on a phased basis throughout 2023 and into 2024. IPAT staff numbers have increased by 11% since December 2022, from 47 to 58 staff assigned and further resources will be assigned in 2023 and into 2024.

The Deputy may also wish to know that my Department has created a new website to provide a detailed overview of the International Protection process in Ireland which can be accessed at:

www.gov.ie/en/campaigns/304ba-international-protection/

This site also provides detailed statistics and metrics in relation to processing of applications for protection. These statistics will be published on a monthly basis.

www.gov.ie/en/collection/48a28-international-protection-in-numbers/

Domestic, Sexual and Gender-based Violence

Questions (886)

Aodhán Ó Ríordáin

Question:

886. Deputy Aodhán Ó Ríordáin asked the Minister for Justice for an update on progress towards establishing a statutory DSGBV agency; to confirm if it will commence in 2023; the projected establishment costs; if her Department has funding in place for same; and if she will make a statement on the matter. [37032/23]

View answer

Written answers

Tackling Domestic, Sexual and Gender Based Violence (DSGBV) is an absolute priority for my Department. This includes focusing on prevention and on providing victim-centred supports and services.

The Third National Strategy to combat DSGBV, which was launched in 2022, set out the framework to achieve zero tolerance in Irish society for any form of domestic, sexual and gender-based violence.

As I am sure the Deputy is aware, following an independent audit of responsibility for domestic, sexual and gender-based violence, it was agreed that responsibility for service provision, as well as for policy, should sit together under the remit of my Department.

Government also agreed to establish a new statutory agency to ensure this priority area continues to receive the expertise and focus needed to drive it forward. The Department of Justice is currently working with the Office of the Parliamentary Counsel on the bill to establish the new agency on a statutory basis by January of 2024 .

Budget 2023 saw a €9 million increase in allocations for DSGBV services. Separately, €5.8 million in funding has been allocated to promote and assist the development of specific support services for victims of crime within the criminal justice system, which includes victims of domestic and sexual crime, and in the development of our policy and legislation.

My Department has also allocated a further €5.8 million for providing funding to promote and assist the development of specific support services for victims of crime within the criminal justice system, which of course includes victims of domestic and sexual violence.

As part of the MOU covering the transition of DSGBV Services to the new DSGBV agency, my Department, Tusla and Department of Children, Equality, Disability, Integration and Youth are working with Tusla to maintain the existing service level, to address acute demands and to establish new services.

An Garda Síochána

Questions (887)

Aodhán Ó Ríordáin

Question:

887. Deputy Aodhán Ó Ríordáin asked the Minister for Justice what additional funding her Department requires in 2024 to recruit 800 additional gardaí trainees next year; to confirm if her Department has funding in place for this in 2024, or if additional funding will be required in budget 2024; and if she will make a statement on the matter. [37033/23]

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
I refer to Parliamentary Question No. 887 of 25 July 2023 where you sought: “To ask the Minister for Justice what additional funding her Department requires in 2024 to recruit 800 additional Gardaí trainees next year; to confirm if her Department has funding in place for this in 2024, or if additional funding will be required in Budget 2024; and if she will make a statement on the matter.”
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.
The Government is committed to building stronger, safer communities and the 2023 budget of over €2 billion will allow for the continued recruitment of Garda members and staff with recruits entering Templemore every 11 weeks. Budget 2024 has provided funding for up to 800-1000 new Garda recruits next year. We have also increased the training allowance and provided a package of wellbeing supports.
As you will be aware, by law the Garda Commissioner is responsible for the management of An Garda Síochána, including all matters relating to recruitment and training. As Minister I have no direct role in these matters.
I am advised that the estimated 2024 payroll cost associated with the recruitment of 800 trainees in 2024 is in the region of €23.96 million and €29.96 million for 1,000 trainee Gardaí.
Year 1 sums include a basic training allowance for 33 weeks along with 19 weeks of post attestation salary, an estimation of certain fixed allowances and variable unsocial hours’ allowances, employer’s PRSI and an estimate of subsistence paid during the trainees’ deployment to an operational station. It is assumed that all recruits commence training on 1 January 2024.
The increased recruit allowance has been reflected in the estimated costs shown above. Currently there are no other pay increases agreed for 2024.
Other potential costs including the cost of equipment and accommodation are not included. It should also be noted that the estimated figures do not take account of potential overtime costs in excess of estimated briefing time payments or potential future pension costs.
Any funding for An Garda Síochána will be decided in consultation with my Department under the estimates process, as part of the normal budgetary procedures.
I trust this information is of assistance.

An Garda Síochána

Questions (888)

Aodhán Ó Ríordáin

Question:

888. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the projected cost of every ten additional community gardaí; the cost of each additional dedicated community sergeant; the cost of a 10% increase overall; and if she will make a statement on the matter. [37035/23]

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. 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 you 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 table below, which was provided to me by the Garda authorities, sets out the annual projected cost of ten additional community Gardaí; and the cost of one additional dedicated community sergeant.

The annual cost of ten additional community Gardaí

€0.637m

The annual cost of one additional community Sergeant

€0.075m

At 30 June 2023, the latest date for which figures are available, there were 663 Community Gardaí nationwide, which includes 579 Garda, 75 Sergeants and 9 Inspectors. The table below sets out the estimated incremental salary costs if the current number of Community Gardaí is increased by 10%.

-

10% increase

Dedicated Community Gardaí

€3.7m

Dedicated Community Sergeants

€0.6m

Dedicated Community Inspectors

€0.084m

Salary costs are calculated using the midpoint of the current Garda Salary scale and include fixed allowances which the member is entitled to. An estimate of Employer’s PRSI is also included. Allowances for unsocial hours and any potential overtime payments in excess of standard briefing time are not included. Future pension costs are not included.

Citizenship Applications

Questions (889)

Aodhán Ó Ríordáin

Question:

889. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the projected cost of reducing citizenship fees to €200, and waiving it for children; and if she will make a statement on the matter. [37036/23]

View answer

Written answers

The State has not increased the fees for naturalisation applications since 2011.

The application fee is €175. A certification fee of €950 is then required following a positive decision being reached on the naturalisation application. 

The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee. 

Based on the number of citizenship certificates issued in 2022, it is estimated that the reduction of the overall fee to  €200 and waiving of fees for minors would lead to a reduction of €10.9m or 83% of revenues.

All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by my Department. However, there are no current plans to amend the fees.

Question No. 890 answered with Question No. 828.

Visa Applications

Questions (891)

Robert Troy

Question:

891. Deputy Robert Troy asked the Minister for Justice the current processing time for joint family visas for family of Irish nationals; the reason for a recent reduction in processing time; and what measures are in place to address this. [37039/23]

View answer

Written answers

I can advise the Deputy that Join Family visas are currently processed in one of seven overseas Visa Offices in addition to the Visa Office in Dublin. They are located in Abuja, Beijing, London, Moscow, Ankara, Abu Dhabi and New Delhi.

The Dublin Visa Office are currently processing Join Family visas for Category A sponsors, such as Irish citizens, received in the Dublin office on 16 September 2022.

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/

Processing times and decisions at the Overseas Visa Offices can be checked at the following link:

www.irishimmigration.ie/visa-offices/

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 may be accessed at the following link:

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

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.  

Visa Applications

Questions (892)

Robert Troy

Question:

892. Deputy Robert Troy asked the Minister for Justice the processing times for atypical visas; the reason for recent reduction in processing times; and the measures in place to improve both consistency and efficiency of decisions. [37040/23]

View answer

Written answers

Ireland’s Atypical Working Scheme (AWS) is designed to accommodate the arrival of non-EEA nationals to fill short term labour gaps for the benefit of our economy. In recognition of the importance of frontline medical personnel, the AWS Unit prioritises these applications.

As of 24 July 2023, the current processing time is 39 working days. 

There has been an unprecedented demand for AWS permissions this year, with a significant increase in the number of applications for healthcare workers. Additional resources have been added to manage the Scheme and I hope to see a reduction in waiting times in the coming months.

The number of applications received in the first six months of this year is 5,376. This represents an increase of 65% of applications that were received in the same period of last year. The number of decisions that have been processed year to date in 2023 by the AWS Unit has doubled when compared to same period in 2022.

My Department is working to reduce processing times through the modernisation of our systems and the introduction of efficiencies, as well as additional streamlining measures which should also reduce processing times for AWS applications.

The AWS unit continues to liaise with all relevant stakeholders in this area and further information on the Atypical Working Scheme, including the criteria for documents, is available here: www.irishimmigration.ie/coming-to-work-in-ireland/what-are-my-work-visa-options/applying-for-a-long-stay-employment-visa/atypical-working-scheme/

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