Written Answers Nos. 398-412
398. Deputy Catherine Murphy asked the Minister for Justice if she plans to make provision for those serving as PSNI officers, constables and those at detective level to transfer directly into the Garda trainee programme in view of the fact they have completed a recruitment competition and basic police training in Northern Ireland. [46485/23]
View answerCurrently, admission to the Garda trainee programme is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013 (as amended). The Commission on the Future of Policing in Ireland recommended a variety of entry pathways to An Garda Síochána.
One of the recommendations was that police officers applying to transfer to An Garda Síochána should be allowed to do so, after due process of interviews and references. They also recommended that police officers should not be required to undertake the full recruit training, but should instead have an intensive induction course to cover Irish government, laws and practices that may differ from other jurisdictions. These recommendations are still being considered.
Section 50 of the Policing, Security and Community Safety Bill deals with the appointment of persons to ranks below the rank of Chief Superintendent. This section provides that the Garda Commissioner may appoint, in accordance with regulations, persons to any rank below the rank of Chief Superintendent.
The broad nature of this provision is intended to facilitate, through regulations, the implementation of a number of recommendations contained in the Commission on the Future of Policing in Ireland report. These relate to direct entry routes into An Garda Síochána, at appropriate levels, for suitable candidates with experience from outside of the policing sphere or with relevant policing experience in other jurisdictions. In relation to the Deputy’s question, this would include members of the Police Service of Northern Ireland.
399. Deputy Carol Nolan asked the Minister for Justice to provide details of all agencies and bodies under the aegis of her Department; if a dedicated Oireachtas email address is available for each; if not, if she will direct that such a dedicated email address be established to facilitate more efficient communication; and if she will make a statement on the matter. [46548/23]
View answerIt has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.
400. Deputy Danny Healy-Rae asked the Minister for Justice the procedure for a Ukrainian person who has been in Ireland for a year and would like to apply for Irish citizenship; whether the usual procedure and charges apply, or if there a different system for Ukrainians; and if she will make a statement on the matter. [46559/23]
View answerAs the Deputy will be aware, the activation of the EU Temporary Protection Directive is an emergency provision designed to quickly and humanely respond to the mass displacement of Ukrainian people by Russian aggression. Ireland participates in this EU measure, which 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.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications are processed in line with the eligibility criteria set out under that Act.
Applicants are required to have five years reckonable residence in the State prior to making an application, except for spouses of Irish nationals where the requirement is three years. Accordingly, any person in Ireland having been granted Temporary Protection will not have acquired the reckonable residence needed to become naturalised.
Ireland and fellow member states continue to consider what provisions will be made for beneficiaries of Temporary Protection when the Directive is no longer active in March 2025.
401. Deputy Catherine Murphy asked the Minister for Justice in the context of the Local Government Reform Act 2014, if she will provide a schedule of functions of her Department that have been devolved in full or in part, or are in the process of being devolved in full or in part; the date on which the devolutions commenced; and if she will indicate whether any function was returned to the Department subsequently. [46580/23]
View answerI wish to advise the Deputy that no functions of my Department have been transferred to local authorities under section 72 of the Local Government Act 2001, as amended by section 45 of the Local Government Reform Act 2014.
402. Deputy Michael Healy-Rae asked the Minister for Justice how will the McPherson perception test will be used, specifically with regard to the crime of incitement to hatred; and if she will make a statement on the matter. [46603/23]
View answerThe Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 repeals and replaces the provisions of the Prohibition of Incitement to Hatred Act 1989, updating the existing offences of incitement to hatred to include incitement to violence towards individuals and groups based on their protected characteristics.
The Bill also creates specific, aggravated forms of certain existing criminal offences, where those offences are motivated by hatred of a protected characteristic, or where hatred was demonstrated at the time of committing the offence. The protected characteristics covered by the new legislation are race; colour; nationality; descent; religion; ethnic or national origin; sexual orientation; sex characteristics; gender, and disability.
For the purposes of this legislation, the meaning of "hatred" in the Bill represents the word’s ordinary and everyday meaning. It is an established term on the statute book, and it is carried over from the definition of hatred in the Prohibition of Incitement to Hatred Act 1989.
The Garda Síochána Equality, Diversity and Inclusion (EDI) Strategy Statement and Action Plan 2019-2021 sets out a working definition of hate crime that includes the McPherson "perception test". This predates the publication of the 2022 Bill. The Garda EDI Strategy focusses on operational tools to support the identification, reporting, investigation and prosecution of hate crimes.
I understand the test is used to help pinpoint when an incident should be investigated as a potential hate offence. It is not a legal definition and has no bearing on the conduct of the prosecution of an offence. It is useful for the purpose for which it is intended and will be updated following the enactment of the new legislation.
As is the case for all offences, a court will require proof beyond reasonable doubt of an offence of incitement to hatred or violence, or any other offence aggravated by hatred, as set out in the provisions in the legislation. The test included in the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 is an objective test. This means that for a prosecution to succeed, a jury would have to be convinced beyond reasonable doubt that an offence had been committed.
403. Deputy Bernard J. Durkan asked the Minister for Justice to indicate the progress to date in determination of application for citizenship in the case of a person (details supplied) who has now completed an e-vetting link; when decision is likely to issue; and if she will make a statement on the matter. [46607/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
This application was received in the Citizenship Division on just 17 August 2023.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
Last week, my Department moved from paper based applications to online forms for all new adult applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.
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.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to regularly communicate with all applicants on a quarterly basis into the future, to keep them updated on the status of their application.
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.
404. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in determination of application for family reunification in the case of a person (details supplied); if every effort can be made to process this application as quick as possible; and if she will make a statement on the matter. [46610/23]
View answerI can advise the Deputy that the application referred to was created on the 2 August 2023. Supporting documentation was received in the Dublin Visa Office on the 9 August 2023 where it awaits examination and processing.
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.
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
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/.
It should also be noted that it is open to any individual to apply for an employment permit and an employment visa in their own right and enter the State and work.
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.
405. Deputy Patrick Costello asked the Minister for Justice if she will provide an update on the Programme for Government commitment to establish a penal policy consultative council to advise on penal policy. [46621/23]
View answerThe Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform.
In respect of delivering on this commitment, the Review of Policy Options for Prison and Penal Reform 2022-2024 was published last year. These reforms are an important development as we seek to reduce reoffending and make everyone safer.
As the Deputy is aware, the review contains six priority penal policy actions and 15 complementary actions. Progress has already been made in a number of relevant areas, and in some instances these actions form part of distinct, focused criminal justice strategies.
Action 5 of the review commits to establishing a Penal Policy Consultative Council, which would provide advice to the Minister on matters relating to penal policy. Work has been ongoing to implement this action which I hope to finalise in the coming weeks.
This matter remains under consideration.
406. Deputy Bernard J. Durkan asked the Minister for Justice the options available to a person (details supplied); and if she will make a statement on the matter. [46628/23]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.
Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals where the requirement is 3 years. In both cases, the final 12 months must be continuous residence in the State.
It is open to anyone to make an application for citizenship once they meet the criteria as set out in the 1956 Act, as amended. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.
A previous examination by my Department of the naturalisation application process indicated that incorrectly submitted applications were diverting considerable resources from general processing, resulting in the slowing down of all applications and adversely impacting on customer service.
As a result, significant effort has gone into clarifying the application guidelines published on my Department's immigration website (www.irishimmigration.ie) and on making the application process itself more customer friendly, including the introduction of the new scorecard structure for proof of identity and residence.
Notwithstanding this, I am aware that for some applicants the scorecard may not have adequately addressed their individual circumstances. In such cases and where the applicant has justifiable reasons for not reaching the 150 points target required, the Citizenship Division of my Department may accept a sworn affidavit, which could help the applicant make up the deficit in points to enable them to meet the necessary threshold. However, the affidavit will not be accepted in lieu of all appropriate proofs and supplementary documentation which will still need to be provided to support the affidavit.
Last week, my Department moved from paper based applications to online forms for all new adult applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
407. Deputy Colm Burke asked the Minister for Justice if she will give consideration to the establishment of the position of a Victims Commissioner to represent victims of crime; and if she will make a statement on the matter. [46643/23]
View answerAs I am sure the Deputy is aware there are robust rights enshrined in the Criminal Justice (Victims of Crime) Act 2017 which provides for a set of statutory rights for all victims of crime.
The Act is particularly strong in areas such as the right to information and the provision of certain supports and protections to be provided to victims across the criminal justice system by the respective criminal justice agencies as applicable.
Some of the key provisions in the Act include the following;
• The right for victims to receive comprehensive information on the criminal justice system, their role within it and the range of services and entitlements which victims may access from their first contact with An Garda Síochána and/or the Garda Síochána Ombudsman Commission.
• The right to be provided with information, upon request, concerning the progress of the investigation and any subsequent court proceedings.
• The right to be informed upon request of any decision not to institute a prosecution in relation to the offence committed against them (and the reasons for such a decision) and a right to request a review of that decision.
• The right to receive, upon request, information on the release, temporary release, or escape from custody of an offender who is serving a sentence for an offence committed against the victim.
• The right to receive information upon request in clear and concise language and to interpretation and translation, where it is necessary to enable victims to understand and be understood, in their participation in the criminal justice process.
• The Act also permits all victims of crime to provide a victim impact statement, as applicable, (that is in the case where a person is convicted for the crime against you) where previously only victims of certain serious crimes were entitled to do so. This statement about how the crime has affected you can be made in person or through a legal representative.
• The right to information on victim support services.
When a victim engages with the justice system, they should know what to expect, be confident they will be treated respectfully and sensitively, know what their legally enforceable rights are and what supports are available at every step in the process.
While the establishment of a Victims Commissioner is not currently under consideration, I would like to assure the Deputy that my Department is leading a number of important initiatives to ensure we better support all victims of crime and to ensure that people are aware of their rights and of the supports available.
Central to this is 'Supporting a Victim's Journey' - our plan to implement the recommendations of the O'Malley Review. It is introducing important reforms to support and protect vulnerable victims and ensure our criminal justice system is more victim-centred.
A number of key actions have been delivered, including:
• The establishment of a course in University of Limerick to train intermediaries;
• Legislating for preliminary trial hearings;
• Undertaking a mapping exercise to identify gaps in services and supports provided for victims, both geographically and by service type, and the provision of increased funding to address them; and
• The first cohort of staff at a new sexual offences unit in the Director of Public Prosecutions took up their roles.
As the Deputy may well be aware, significant legislative reform has been introduced in recent years to enhance the supports to victims and help make the system a more victim responsive one. To further support victims, I am currently progressing legislative provisions which will;
• Strengthen the law on consent,
• Extend victim anonymity to further categories of victims,
• Repeal provisions for sentences to be delivered in public, and
• Make provision for legal representation for victims in certain circumstances.
Zero Tolerance, the Government’s Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV), builds on the important reforms already introduced under Supporting a Victims Journey. A key part of implementation of this ambitious whole of Government Strategy will be the establishment next year of the new Agency, which will ensure a permanent and dedicated focus on this important area of work. My Department also continues to provide funding to NGOs that support victims through emotional support, court accompaniment, and accompaniment to Garda interviews, to sexual assault treatment units and referral to other services. This year, an increased budget of €5.8 million is being made available.
We also run a campaign to raise awareness of the rights provided in the Victims of Crime Act 2017 and in the Victims Charter, and launched a new phase which is currently on TV and radio, and has a particular emphasis on reaching minority and harder-to-reach communities. In addition, my Department has established a Victim’s Forum for state, social and community groups to discuss how best we can work together to meet the needs of victims. The Forum is co-chaired by a representative of the sector and a senior official from my Department.
408. Deputy Colm Burke asked the Minister for Justice if she will support the funding of a public information campaign to promote knowledge of the Criminal Injuries Compensation Tribunal; and if she will make a statement on the matter. [46644/23]
View answerLet me assure the Deputy that I am committed to creating a criminal justice system that is victim centred, including by providing a range of supports and services for victims of crime and promoting awareness of these.
In 2021, I launched a new Victims Charter website to bring together all of the information a victim of crime might need to know about their rights and about what to expect from their engagement with the criminal justice system. It presents the information in an easily accessible and user-friendly way to allow victims of crime to quickly and easily find the information they need.
It also provides details of all the different supports that are available, both when engaging with the criminal justice system and more generally for when people just need support recovering from what has happened to them; including information on the Criminal Injuries Compensation Tribunal. Further information can be accessed at www.victimscharter.ie/support-reporting/criminal-injuries-compensation-tribunal/
Detailed information on the Scheme is also currently available at www.gov.ie/criminalinjuries which is a website put in place by my Department in 2022, with the support of the Office of the Government’s Chief Information Officer (OGCIO). This provides a dedicated website for the Scheme to assist intending applicants with information on its operation.
To further awareness of the full range of supports available to victims of crime, my Department is running a high level national awareness raising campaign which promotes the rights that victims of crime have and the supports and services available to them. This includes dissemination of printed material in several languages and in April we launched a new phase of this campaign on television and radio which has a particular emphasis on reaching minority and harder-to-reach communities.
In addition information on the scheme is also available via a range of other sources including, for example, the following
• An Garda Síochána's victim information booklet at www.garda.ie/en/victim-services/garda-victim-service/victim-information-booklet-september-2022.pdf.
• The Citizens Information website at www.citizensinformation.ie/en/justice/victims_of_crime/victims_and_compensation.html.
• On the websites of a number of prominent NGO victim support services such as the Crime Victims Helpline at www.crimevictimshelpline.ie/after-a-crime/compensation
• Work to support the longer term reform of the Criminal Injuries Compensation Scheme is continuing and when this work is completed, additional awareness raising measures to promote understanding on the revised Scheme will be considered.
409. Deputy Colm Burke asked the Minister for Justice if she will give consideration to increasing the number of refuge places to 470 from the current target of 280, to ensure that Ireland meets its obligations under the Istanbul Convention; and if she will make a statement on the matter. [46645/23]
View answerOne of the overarching goals of the Zero Tolerance Strategy to address domestic, sexual and gender based violence, is ensuring that everyone who needs a refuge space will get one, and I am committed to working with my Government colleagues and those working in the sector to achieve this.
In line with the priority which this Government is attaching to tackling domestic, sexual and gender based violence, we will double the number of refuge spaces over the lifetime of the strategy, bringing it to 280 by the end of 2026.
The Tusla review of accommodation services for victims of domestic, sexual and gender-based violence identified priority locations where between 50 and 60 new refuge places are needed. Further analysis undertaken identified 12 locations nationwide where the delivery of 98 family refuge spaces would have the most impact if prioritised.
In the initial phase of this work, we expect to have delivered 36 places in Wexford, Dundalk and Navan by end-2024.
In relation to that, construction has commenced on the new refuge in Wexford, with building completion scheduled for summer 2024 and the developments in Navan and Dundalk are making progress at design and planning stages. The developments in the other priority locations are currently mainly focused on establishing local stakeholders and lead organisations and on site selection.
In addition, by putting in place the correct structures to deliver additional refuge accommodation, including the development of a new statutory agency, we will accelerate the number of additional spaces that can be opened each year.
An interdepartmental group is developing and progressing agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way.
This has already resulted in a more streamlined process for capital funding applications for new refuges. Supports for applicant groups from the Housing Agency in relation to public procurement processes and direct engagement between Department of Housing Architectural Advisors and the Design Teams recruited by the applicant groups are now in place.
Over the past two years I have had the privilege to visit a number of refuges around the country to see first-hand the fantastic work that is being done.
I am determined that the implementation of the Strategy will bring us significantly closer to reaching our Istanbul target and to ensuring that organisations providing these vital services to victims are supported in doing so. We will continue to review progress on the development of refuge accommodation and I can assure the Deputy that we will set ambitious goals to bring us ever closer to fulfilment of our commitments under the Istanbul Convention.
410. Deputy Colm Burke asked the Minister for Justice if she will ring fence dedicated funding to fully implement her Department’s Zero Tolerance Action Plan; and if she will make a statement on the matter. [46646/23]
View answerZero Tolerance, the Government’s Third National Strategy on DSGBV, published last year, is an ambitious five-year programme of reform to achieve a society which does not accept DSGBV or the attitudes which underpin it.
I can assure the Deputy that I am committed to working with my Government colleagues and with those working in the sector to achieve the goals set out in the Strategy.
The overall cost of implementing the entire Strategy is estimated to be in the region of €363m. This includes the delivery of 141 new units of refuge accommodation on a phased basis at a capital cost estimated at €70.5m and running costs of €33m over the lifetime of the Strategy.
As part of Budget 2024, I secured an additional €12m, which represents a 25 percent record increase in funding for combatting domestic, sexual and gender based violence.
This will support the implementation of actions contained in Zero Tolerance plan and by establishing the new dedicated State agency in this area which will have a range of responsibilities including; the funding and commissioning of DSGBV services; supporting the delivery of refuges, and co-ordinating the implementation of the Third National Strategy.
The additional €12 million in funding I have secured for 2024 will greatly assist the agency in meeting the acute need for services throughout the country.
The agency will have a core budget of €43m next year to deliver on its mandate and boost the momentum in implementing the ambitious goals set out in the national strategy.
The legislation to provide for the establishment of this new agency is currently before the Houses and I expect it will be operational in January 2024.
411. Deputy Colm Burke asked the Minister for Justice if she will give consideration to the expansion of her Department’s Community-based CCTV grant aid scheme in order that small- and medium-sized businesses can avail of same; and if she will make a statement on the matter. [46647/23]
View answer412. Deputy Colm Burke asked the Minister for Justice if she will ring fence dedicated funding to support an alarm grant scheme to be made available for small- and medium-sized businesses; and if she will make a statement on the matter. [46648/23]
View answerI propose to take Questions Nos. 411 and 412 together.
As the Deputy may be aware, since 2017 my Department has administered a grant-aid scheme supporting groups wishing to establish a community-based CCTV system in their area.
The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems, but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs.
The Community-based CCTV scheme is currently governed by section 38(3)(c) of the Garda Síochána Act 2005 (as amended), the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006), GDPR and the Data Protection Act 2018.
This legal framework requires that any proposed community CCTV scheme must:
• be approved by the local Joint Policing Committee,
• have a data protection impact assessment prepared,
• have the prior support of the relevant local authority, which must act as a joint data controller with An Garda Síochána and a joint data controller agreement must be put in place, and
• have the authorisation of the Garda Commissioner.
The current scheme is only for Community Based schemes and specifically prohibits the schemes monitoring commercial premises. The Department has no plans to fund private businesses for alarms or their own CCTV systems.
The Garda Síochána (Recording Devices) Bill 2022 will reform CCTV schemes. Under the Bill, community groups will be able to request schemes in their area.
It is envisaged the Local Community Safety Partnerships being established under the Policing, Security and Community Safety Bill, once rolled out nationwide, will be the appropriate body to make the request, given that local residents, Local Authority staff, Councillors and members of An Garda Síochána will all be represented on the Partnerships.
The Local Authorities will take the lead and make the applications going forward and have full responsibility for the implementation of the scheme, and also managing the data protection aspects arising.
