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Tuesday, 3 Oct 2023

Written Answers Nos. 435-448

Probation and Welfare Service

Questions (435)

Paul McAuliffe

Question:

435. Deputy Paul McAuliffe asked the Minister for Justice if there is an intention to open an investigation into historical allegations of abuse in the Probation Service; and if there is a cross over with investigations into similar matters in an organisation (details supplied). [42208/23]

View answer

Written answers

I can inform the Deputy that there are no plans to commission an investigation into historical allegations of abuse in the Probation Service.

The Deputy will be aware from previous responses, that records indicate two allegations of child sexual abuse have been made in relation to the Probation Service. Both relate to alleged incidents in the 1970s by a former staff member who is now deceased.

I am informed that when the first allegation came to the attention of the Probation Service, An Garda Síochána and relevant services were notified and a criminal investigation was initiated. The Probation Service later became aware of a second allegation against the same former staff member, who by that time was deceased. This matter is the subject of a legal claim which is being managed by the State Claims Agency on behalf of my Department. The Deputy will appreciate I am not in a position to comment further as the matter is ongoing.

I would encourage anyone who has been a victim of any kind of sexual assault to reach out for help and support and to report the matter to An Garda Síochána. There are specialist Garda members in every Garda Division, trained to ensure that any victim presenting to Gardaí are met with a consistently high standard of specialist, sensitive, professional and expert assistance.

There are also a range of victim support services available and many are listed on the Victims Charter website at www.victimscharter.ie. Rape crisis centres throughout the country also offer advice and support services to victims of rape and sexual assault and operate a national 24-hour helpline which can be contacted at 1800 77 88 88. The HSE also have a National Counselling Service - www.hse.ie/eng/services/list/4/mental-health-services/national-counselling-service/

International Protection

Questions (436)

Cormac Devlin

Question:

436. Deputy Cormac Devlin asked the Minister for Justice to detail, in tabular form, the number of applications for international protection; the number approved; the number rejected; the number under appeal; the number awaiting processing, by month and gender, during the years 2020 to 2023; and if she will make a statement on the matter. [42256/23]

View answer

Written answers

The statistical information sought by the Deputy in relation to international protection applicants is set out in the tables in the attached.

With regard to the statistical information requested for the number of applications for international protection approved and the number rejected; it has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.

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 8,906 applications have been received to date in 2023 (to 30th September).

There were 16,566 applications pending at the International Protection Office on the 1st October 2023. There were an additional 2,387 appeals pending at the International Protection Appeals Tribunal on the 25th September 2023.

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. The IPO increased the number of applications processed from 2,462 in 2021 to 4,990 in 2022 – an increase of 102.7%. This year, to end September 2023, the IPO completed 6,417 first instance decisions, increasing even further the rate of decisions year on year. This represents a 31% increase compared to 2022 (year to date).

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 5% 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. For accelerated procedure only, the median processing time was only 9.5 weeks in August.

These reforms are being supported with significant increased resources. Approximately €19m was allocated to the International Protection Office (IPO) and International Protection Appeals Tribunal (IPAT) and invested in human resources, infrastructure, technology and process engineering.

The Deputy may also wish to know that my Department has created a 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 are published on a monthly basis.

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

The following deferred reply was received under Standing Order 51

Dear Deputy,

I refer to Parliamentary Question No. 436 which was for answer on 3rd October 2023 and which asked: In tabular form, the number of applications for international protection; the number approved; the number rejected; the number under appeal; the number awaiting processing, by month and gender, during the years 2020 to 2023; and if she will make a statement on the matter.

You will recall that at the time, I undertook to seek further statistical information requested and revert to you once the information was to hand. The response issued at the time stated:

With regard to the statistical information requested for the number of applications for international protection approved and the number rejected; it has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.

The table below sets out the number of applications for international protection that were approved and rejected at first instance by the IPO for the years 2020 to 2023.

Grant/refusal rate of people who apply for international protection to the IPO from 2020-2023 (End September)

Year of Decision

Refugee Status Grant

Subsidiary Protections Grant

Permission to Remain Grant

Refuse All*

Inadmissible

Total Decisions

2020

437

85

202

1533

10

2267

2021

859

75

588

945

2

2469

2022

1388

70

2076

1363

93

4990

2023

1747

186

455

3892

139

6419

Total

4,431

416

3,321

7,733

244

16,145

*Refuse all indicates refusal of Refugee Status, Subsidiary Protection Status and Permission to Remain. The figures also include applications that have been withdrawn by the applicant/s.

Domestic, Sexual and Gender-based Violence

Questions (437)

Pa Daly

Question:

437. Deputy Pa Daly asked the Minister for Justice to outline what DSGBV initiatives her Department undertakes and what has been allocated to them in terms of capital and current spend in 2023. [42301/23]

View answer

Written answers

Combatting all forms of domestic, sexual and gender-based violence is a priority for this Government and one that is reflected in a range of policies and legislation, as well as unprecedented increases in Budget allocations.

In June of last year, we published a 5 year ambitious Zero Tolerance Strategy. This is a €363 million strategy, and is built on the four pillars of Prevention, Protection, Prosecution and Policy Co-Ordination. The accompanying implementation plan contains 144 detailed actions to be implemented this year.

As the deputy will be aware, this entails a significant body of work.

Key elements include:

• The doubling of the overall number of refuge units over the lifetime of the Strategy.

• The establishment of a new statutory DSGBV Agency in January 2024, which will bring together the expertise and focus required to tackle this complex social issue.

• Many of the actions in the Strategy are focused on enhanced supports for victims, including the provision of legal aid and legal advice, and trauma-informed training.

A fundamental aim of the Strategy is to change societal attitudes to domestic and sexual violence. By building on the successes of previous awareness-raising campaigns, new initiatives on intimate image abuse were developed earlier this year, with awareness campaigns on healthy consent and on DSGBV support services planned before the end of the year.

It is for all of us to realise that we must do - in our everyday lives - to eradicate social and cultural attitudes which contribute to an environment where women and men feel safe and protected.

The government has introduced and is committed to enacting a range of legislation to combat DSGBV.

The Criminal Justice (Miscellaneous Provisions) Bill passed through the Houses of the Oireachtas on the 12th of July 2023 and was signed into law by the President on the 19th of July. The Act introduces a new standalone offence for stalking and a new standalone offence of non-fatal strangulation. This delivers on key commitments contained in the Zero Tolerance Strategy.

This builds on several important pieces of legislation which have been enacted in recent years, including:

• The enacting of Coco’s Law to criminalise sharing or threatening to share intimate images without consent.

• The enacting of a law to remove reporting restrictions which prevented parents from speaking publicly about their deceased child in cases where the child was unlawfully killed.

• The enacting of measures to introduce pre-trial hearing to ensure that victims are less likely to face stressful unexpected delays and adjournments to trial start dates.

• The enacting of the Sex Offenders (Amendment) Act 2023 on 5th April 2023.

• The enacting of the Family Courts Bill 2022 to establish new dedicated Family Courts within the existing court structures and to put families at the centre of the family justice system

With regard to financial allocations for DSGBV measures under my Department, funding has been provided under four subheads for 2023.

These are:

• Domestic, Sexual and Gender Based Violence - Awareness Raising and Training - €6.098m.

• Funding for organisations that provide services for victims of crime including victims of sexual crimes and domestic abuse - approximately €4.14m of this allocation relates to DSGBV.

• Dormant Accounts Funding - approximately €1.39m of the allocation relates to DSGBV.

Key to the implementation of the Strategy is the establishment of the new DSGBV Agency which will be responsible for setting standards for services and refuges, and monitoring adherence. It will bring responsibility for funding DSGBV services under the remit of my Department. I am pleased to say that considerable progress has been made to date towards establishing the new Agency, which will be up and running in January 2024.

Pending establishment of the Agency, responsibility for funding domestic violence services continues to be managed by Tusla and this will remain the case until services formally transfer to the new Agency.

I'm informed by Tusla that the additional funding of €6.9m which I secured to address acute service demands and for investment in new services in 2023, brought Tusla's total funding for DSGBV services this year to €35.37m.

The Deputy should note that capital funding for refuges is accessed through the Capital Assistance Scheme administered by the Department of Housing.

Data Protection

Questions (438)

Peadar Tóibín

Question:

438. Deputy Peadar Tóibín asked the Minister for Justice the number of data breaches experienced by her Department in each of the past ten years and to date in 2023. [42370/23]

View answer

Written answers

My Department is committed to protecting the rights and privacy of all individuals in accordance with the EU General Data Protection Regulation, 2016/679 (GDPR) and the Data Protection Act 2018. My Department complies fully with data breach reporting requirements.

Securing and managing personal data in accordance with the GDPR principles is a priority and is governed by a comprehensive set of policies, procedures and systems. For example, a Department Data Protection Steering Group operates with membership of senior personnel from across the Department to assist the Management Board and the Data Protection Officer in fulfilling their Data Protection responsibilities.

My Department has implemented appropriate measures to ensure that all data held under its control is secure and is not at risk from unauthorised access. Measures for the protection of personal data are reviewed and upgraded where appropriate, on an ongoing basis.

Further, all staff are required to undergo data protection training in order to ensure that my Department is compliant with obligations to protect all personal data processed.

Personal data breach numbers recorded by my Department in each of the years 2017–2023 is provided in the table below.

Year

Number of Breaches Recorded

2023 (to September 27, 2023)

113

2022

120

2021

122

2020

121

2019

131

2018 (from May 25, 2018 when GDPR came into effect)

41

2018 (pre GDPR)

5

2017 (pre GDPR)

1

The obligation to notify the Data Protection Commission of a personal data breach, and for the Department to maintain a register of all personal data breaches, only exists since the GDPR came into effect in May 2018. As a result, information predating that requirement is not available extending back 10 years.

An Garda Síochána

Questions (439, 441)

Catherine Murphy

Question:

439. Deputy Catherine Murphy asked the Minister for Justice the number of Garda cars and vans attached to each district within the DMR region as of 26 September 2023, in tabular form. [42387/23]

View answer

Catherine Murphy

Question:

441. Deputy Catherine Murphy asked the Minister for Justice the number of new marked Garda vans that have come into the fleet to date in 2023; the number of vans withdrawn from the fleet to date in 2023; and if there are likely to be additional new marked Garda vans that will come into the fleet before end of 2023. [42389/23]

View answer

Written answers

I propose to take Questions Nos. 439 and 441 together.

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 advised by the Garda authorities that at the end of September 2023, the latest date for when figures were available, there were 3,429 vehicles attached to the Garda fleet. This represents an increase of over 10% since the end of December 2020.

The tables below, which were provided to me by the Garda authorities, set out the number of vehicles assigned to the Divisions within the DMR by district at the 30 September 2023.

DMR EAST

Cars

Vans

Motorcycles

4 x 4

*Others

Total

BLACKROCK-W

34

4

0

1

0

39

DUNLAOGHAIRE-F

28

11

0

0

1

40

Total

62

15

0

1

1

79

BALBRIGGAN-Y

15

1

0

0

0

16

BALLYMUN

34

8

0

1

1

44

COOLOCK-R

24

3

0

0

0

27

RAHENY-J

25

2

0

0

0

27

TOTAL

98

14

0

1

1

114

DMR NORTH CENTRAL

Cars

Vans

Motorcycles

4 x 4

*Others

Total

BRIDEWELL

11

2

0

0

0

13

FITZGIBBON STREET

26

5

0

2

0

33

STORE STREET

32

7

0

1

1

41

Total

69

14

0

3

1

87

DMR SOUTH

Cars

Vans

Motorcycles

4 x 4

*Others

Total

CRUMLIN-G

19

8

0

0

0

27

TALLAGHT-M

35

5

0

1

1

42

TERENURE-P

18

2

0

1

0

21

Total

72

15

0

2

1

90

DMR SOUTH CENTRAL

Cars

Vans

Motorcycles

4 x 4

*Others

Total

DONNYBROOK-E

17

7

0

0

0

24

KEVIN STREET-A

31

5

0

0

1

37

PEARSE STREET-B

18

8

0

0

0

26

Total

66

20

0

0

1

87

DMR WEST

Cars

Vans

Motorcycles

4 x 4

*Others

Total

BLANCHARDSTOWN-K

44

5

0

0

1

50

CLONDALKIN-L

27

6

0

0

0

33

LUCAN-Q

25

3

0

0

5

33

Total

96

14

0

0

6

116

DMR TRAFFIC

Cars

Vans

Motorcycles

4 x 4

*Others

Total

Total

16

3

42

2

0

63

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

I am further advised that 19 vans were assigned and 8 vans were removed from the Garda fleet to date in 2023.

I am also advised that additional marked Garda vans will come into the fleet before the end of 2023. The Deputy may wish to be aware 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 Deputy may also wish to be aware that An Garda Síochána publish information on Garda fleet, including a Divisional/District monthly breakdown, on their website at:

www.garda.ie/en/about-us/our-departments/finance-services/finance-fleet-management.html

EU Bodies

Questions (440)

Catherine Murphy

Question:

440. Deputy Catherine Murphy asked the Minister for Justice the level of funding provided to Frontex, the European border guard agency, in the years of 2021, 2022 and 2023; and the proposed funding for 2024. [42388/23]

View answer

Written answers

I should first of all state that Ireland is not a member of Frontex. Ireland, as an EU Member State, is invited to participate at its Management Board in a non-voting capacity and can, should it wish to do so, seek to participate in certain training and joint operations co-ordinated by Frontex on behalf of EU Member States.

Frontex facilitates training across Frontex member states and Ireland in areas such as the use of IT systems, escort leaders in return operations, escort officers in return operations and detection of false documents. These courses seek to establish a standardisation of processes, and Ireland’s participation ensures that it is in a position to maintain or exceed these standards in both national and joint operations. It is in the interests of all policing organisations to maintain an awareness of new developments and international best practice and to be outward looking in seeking to avail themselves of such opportunities.

Frontex offers a valuable resource to An Garda Síochána in fields relevant to its own operational areas of interest and, in that context, it must be accepted that costs will reasonably be incurred by An Garda Síochána in relation to participation in these activities.

As part of its engagement with Frontex, An Garda Síochána estimates annually the cost of its participation in such activities. I have sought the most up to date information from An Garda Síochána in this regard, and will contact the Deputy again when this is to hand.

Question No. 441 answered with Question No. 439.

Ukraine War

Questions (442, 443)

Peadar Tóibín

Question:

442. Deputy Peadar Tóibín asked the Minister for Justice the number of refugees from Ukraine who have come to Ireland seeking protection since the Russian invasion. [42406/23]

View answer

Peadar Tóibín

Question:

443. Deputy Peadar Tóibín asked the Minister for Justice the number of refugees from Ukraine who have left Ireland and returned home, or to another state, with the intention of not returning to Ireland, since the Russian invasion. [42407/23]

View answer

Written answers

I propose to take Questions Nos. 442 and 443 together.

As the Deputy will be aware, the EU Temporary Protection Directive (2001/55/EC) was activated by the EU Council in March 2022 in response to the Russian aggression against Ukraine. The Directive establishes the minimum standards of protection to be provided by Member States in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin. In Ireland, the Directive is given legal effect under section 60 of the International Protection Act 2015.

Those fleeing the conflict in Ukraine and who meet the criteria set out in the Council Implementing Decision (EU) 2022/382) are eligible for this temporary protection, initially for one year and on a renewable basis, as long as the Temporary Protection Directive remains activated.

Since the beginning of the war in Ukraine until 1 October 2023, 95,582 people have been granted temporary protection in Ireland.

In accordance with the Council Implementing Decision, individuals have the right to choose the Member State in which they want to enjoy the rights attached to temporary protection.

As there are no routine exit checks on people leaving the State it is not possible to say how many beneficiaries of temporary protection have since left Ireland to return to Ukraine or to reside in another EU member state. As at 24th September, 742 people had advised the Irish authorities of their having voluntarily withdrawn their temporary protection status in Ireland.

More broadly, discussions at an EU level have highlighted the challenges with estimating the number of people who have returned to Ukraine.

I can assure the Deputy that my Government colleagues and I will continue to work with our EU counterparts on any further EU-wide measures that might be needed to assist those fleeing Ukraine.

Question No. 443 answered with Question No. 442.

An Garda Síochána

Questions (444)

Patrick Costello

Question:

444. Deputy Patrick Costello asked the Minister for Justice to provide a breakdown, by division, in tabular form, of the number of civilian staff in gardaí, and their grade, for each of the past ten years; and if she will make a statement on the matter. [42451/23]

View answer

Written answers

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 Garda recruits entering Templemore approximately every 11 weeks. I can assure the Deputy that the Government remains committed to reaching its current targets of 15,000 Gardaí and 4,000 Garda staff.

Overall, since 2015 there has been an almost 9% increase in the number of Gardaí. There was also an increase of 57% in Garda staff for the same period. Garda Staff perform a number of vital roles that are essential to a modern police service and increase the availability of Gardaí to concentrate on frontline policing duties.

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 personnel throughout the State. As Minister, I have no role in these independent functions.

I am advised that the information in the link below, which was provided to me by the Garda authorities, sets out the number of Garda staff by Grade at the end of December 2013 up to the end of December 2021.

www.garda.ie/en/about-us/our-departments/human-resources-and-people-development/garda-hr-directorate/garda-staff-gender-breakdown-civil-service-grades-2013-2021-.pdf

The Deputy will wish to be aware that in the interest of transparency, detailed statistics on Garda workforce numbers, including Garda staff by Division and 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/

An Garda Síochána

Questions (445)

Patrick Costello

Question:

445. Deputy Patrick Costello asked the Minister for Justice if there are any plans to amend or update the Garda Síochána (Discipline) Regulations 2007; and if she will make a statement on the matter. [42446/23]

View answer

Written answers

As the Deputy will be aware, the Garda Síochána (Discipline) Regulations 2007 were made under section 123 of the Garda Síochána Act 2005. This Act is to be repealed and replaced in its entirety by the Policing, Security and Community Safety Bill 2023, which is, at present, making its way through the legislative process.

The Policing, Security and Community Safety Bill 2023 successfully passed all stages in the Dáil just prior to the summer recess and proceedings in the Seanad are due to commence on 4 October. The Bill provides for the replacement of the current discipline regulations by new ‘performance’ and ‘conduct’ regulations. The procedures contained in these regulations are to be framed by a new set of standards of professional behaviour, also provided for in the Bill.

An Garda Síochána

Questions (446)

Patrick Costello

Question:

446. Deputy Patrick Costello asked the Minister for Justice the number of gardaí who are currently suspended in relation to alleged corruption offences in each of the past ten years; and if she will make a statement on the matter. [42447/23]

View answer

Written answers

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

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 446 of 3 October 2023 where you sought: “To ask the Minister for Justice the number of Gardaí who are currently suspended in relation to alleged corruption offences in each of the past ten years; and if she will make a statement on the matter.”
As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
As you will appreciate, disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 (as amended) and the Garda Síochána (Discipline) Regulations 2007, as amended by the Garda Síochána (Discipline) (Amendment) Regulations 2011, and are a matter for the Garda Commissioner. As Minister, I have no role in these independent functions.
However, I can confirm that 10 members of An Garda Síochána were suspended from duty in the last ten years in respect of alleged corrupt or improper practice. The table below, which was provided to me by the Garda authorities, sets out these suspensions by duration. Please be advised that the year of suspension is not disclosed for operational security reasons.

Member

Duration of Suspension

Member 1

1 to 2 years (Ended)

Member 2

Less than 6 months (Ended)

Member 3

1 to 2 years (Ended)

Member 4

2 to 3 years (Ended)

Member 5

1 to 2 years (Ongoing)

Member 6

1 to 2 years (Ongoing)

Member 7

1 to 2 years (Ongoing)

Member 8

1 to 2 years (Ongoing)

Member 9

6 months to 1 year (Ongoing)

Member 10

Less than 6 months (Ongoing)

Departmental Policies

Questions (447)

Fergus O'Dowd

Question:

447. Deputy Fergus O'Dowd asked the Minister for Justice to respond to concerns raised (details supplied); and if she will make a statement on the matter. [42487/23]

View answer

Written answers

Let me assure the Deputy that I recognise the important role played by barristers in undertaking criminal legal aid work.

My Department understand the underlying issues that have given rise to the withdrawal of professional services on 3rd October. These issues include the request for the restoration of cuts imposed on professional fees in the years 2008 -2011.

While my Department is responsible for administering the Criminal Legal Aid Scheme, it is not in a position to make any changes to the fees without the consent of the Minister of Public Expenditure, NDP and Reform and there has been ongoing engagement with the Department of Public Expenditure, NDP and Reform in relation to this matter. Currently, as part of the budgetary process my Department is actively engaged in discussions with the Minister for Public Expenditure, NDP and Reform regarding the restoration of fee cuts.

Immigration Status

Questions (448)

Niall Collins

Question:

448. Deputy Niall Collins asked the Minister for Justice to provide an update on an application (details supplied); and if she will make a statement on the matter. [42583/23]

View answer

Written answers

I am pleased to inform the Deputy that the application referred to was granted on the 26 September 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 (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.

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