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Tuesday, 21 Nov 2023

Written Answers Nos. 376-387

An Garda Síochána

Questions (376)

Catherine Murphy

Question:

376. Deputy Catherine Murphy asked the Minister for Justice the estimated full-year cost if 1,750 extra gardaí were recruited. [50944/23]

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Written answers

I have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time. I will contact the Deputy directly once the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 376 of 21 November 2023 where you sought: “To ask the Minister for Justice the estimated full-year cost if 1,750 extra Gardaí were recruited.”
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 payroll and fixed subsistence cost of recruiting 1,750 Garda in 2024 is €52.43 million.
I am informed that 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.

Departmental Policies

Questions (377)

Catherine Murphy

Question:

377. Deputy Catherine Murphy asked the Minister for Justice if she plans to roll-out a nationwide mental health crisis de-escalation pilot. [50945/23]

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Written answers

As the Deputy will be aware, the Final Report and Recommendations of the High Level Task Force to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector was published by myself and the Minister for Health in September 2022.

The recommendations aim to ensure better support for people at the earliest point at which they come into contact with the criminal justice system and to divert them away from it where possible, while supporting them in their rehabilitation from addiction and in the recovery and management of their illness.

One of the recommendations that came from the work of the subgroup of the High Level Task Force that looked at diversion, is the development of a Community Access Support Team or CAST.

It is intended that the development of the CAST approach will enhance diversionary practices for those experiencing crisis and situational trauma that leads to mental health difficulties. This approach moves towards the shared goal of providing a compassionate and effective response to people in distress and improving the experience and outcomes for those experiencing distress and those providing support.

Before nationwide rollout the pilot project CAST will be trialled in the Limerick Garda Division. It is a partnership pilot between An Garda Síochána and the Mental Health Services HSE, Mid-West Community Healthcare. The pilot project is not a mental health de-escalation unit. It will however endeavour to establish an appropriate co-response approach to calls relating to mental health and situational trauma.

An Garda Síochána

Questions (378)

Catherine Murphy

Question:

378. Deputy Catherine Murphy asked the Minister for Justice the budget allocation to the Garda youth diversion programme in 2023 and in 2024, in tabular form. [50946/23]

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Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended). As Minister I have no role in these independent functions.

I understand that the Deputy is seeking the allocation to the Garda Youth Diversion Bureau (GYDB), which has responsibility for overseeing and developing the Garda Youth Diversion Programme nationally, which was put on a statutory basis under Part 4 of the Children Act 2001.

The remit of the GYDB includes the administration, coordination and development of the Diversion Programme nationally. It holds an oversight position on all aspects of youth referrals and the Programme supports Garda divisions in ensuring effective governance and the timely processing of referrals. The Bureau also supports a network of Juvenile Liaison Officer (JLO) Sergeants and JLO Gardaí distributed across every Garda division countrywide.

I am advised by the Garda authorities that the operational cost of the Garda Youth Diversion Bureau and associated Juvenile Liaison Officers for the year 2023 is in excess of €10 million. It is envisaged that a similar cost will be incurred in 2024.

An Garda Síochána

Questions (379)

Catherine Murphy

Question:

379. Deputy Catherine Murphy asked the Minister for Justice the number of fireworks seized by gardaí during the recent run Halloween period; and the number of persons arrested for possession of a firework without a valid licence. [50947/23]

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Written answers

As the Deputy will be aware, fireworks because they are explosives, are regulated under national and EU legislation and can only be imported into the country under licence and stored and sold in accordance with explosives law. Government policy restricts the availability of all hazardous fireworks to the general public. Licences under the Explosives Act are issued by this Department only for the importation of fireworks which are to be used in organised displays conducted by professional and competent operators.

Every year my Department runs a safety campaign aimed at ensuring the public is aware of the dangers of illegal fireworks and bonfires. This year's awareness campaign launched on 26 September, in collaboration with An Garda Síochána, the Irish Society for Prevention of Cruelty to Animals (ISPCA), Irish Guide Dogs for the Blind and Dublin Fire Brigade.

Part 6 of the Criminal Justice Act 2006 gives An Garda Síochána the power to make arrests in relation to the possession of unlicensed fireworks. While An Garda Síochána enforce the law all year round, in the run up to Halloween there is an additional focus on combatting the illegal importation, sale and use of fireworks, under what is known as Operation Tombola. Operation Tombola is a National Operation.

In response to the Deputy, An Garda Síochána have set out below incidents reported from 1 January to 18 November 2023 and advised that incidents included are of the type “Fireworks Offences” and objects of type “Explosives” linked to these incidents as “Seized”. Crime Counting rules are not applied.

Year Reported

Fireworks Incidents

Incidents Where Explosives Seized

Number of Explosives Seized

Value

Incidents With Arrests

2023

188

52

111

€44,608

12

An Garda Síochána have also advised that long-term annual statistics for detected Fireworks Offences are available from the CSO here: data.cso.ie/table/CJA01 and quarterly statistics to Q2 2023 are available here: data.cso.ie/table/CJQ01.

An Garda Síochána

Questions (380)

Catherine Murphy

Question:

380. Deputy Catherine Murphy asked the Minister for Justice the number of Garda sergeants and inspectors trained in public order in each division within the DMR, in tabular form. [50948/23]

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Written answers

I have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time. I will contact the Deputy directly once the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 380 of 21 November 2023 where you sought: “To ask the Minister for Justice the number of Garda Sergeants and Inspectors trained in public order in each division within the DMR, in tabular form.”
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.
The unprecedented allocation of over €2.3 billion to An Garda Síochána for 2024 demonstrates the Government's commitment to ensuring Gardaí have provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work. This includes funding for up to 800-100 new Gardaí and a 66 per cent increase in the Garda training allowance to €305.
As you will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the distribution of Garda members between the various Garda stations. As Minister, I have no role in such matters.
I am assured by the Garda Commissioner that this distribution is kept under review in light of emerging crime trends and policing needs.
I am advised that there are currently 36 Sergeants trained in public order within the DMR. However, as the number of Inspectors trained in public order is under 10, the Garda authorities are unable to provide this figure for security reasons.
I am further advised that the Garda authorities are unable to provide a breakdown of these Garda members by Division as it could lead to the identification of the Garda members.
I trust this information is of assistance.

Legal Aid

Questions (381)

Ivana Bacik

Question:

381. Deputy Ivana Bacik asked the Minister for Justice her plans to expand eligibility criteria for legal aid. [50961/23]

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Written answers

In its over forty years of operation, the Civil Legal Aid Scheme has been a significant and beneficial public service, providing legal aid and advice to people of limited means in civil disputes, including family law.

However, since the Scheme was set up, Irish society has changed, and the demands on the service have grown. In June 2022, I established the Civil Legal Aid Review Group to review the current operation of the Civil Legal Aid Scheme and make recommendations for its future. The Review Group is being chaired by former Chief Justice, Mr Frank Clarke. The membership of the group is drawn from legal practitioners, academics, Department officials, those who work with marginalised groups, and representatives from the Legal Aid Board, which administers the statutory scheme.

As part of the review, a comprehensive multi-phased process of consultation has been conducted to ensure that as wide a range of views as possible is captured.

The results of all elements of the consultation are now being carefully considered by the Review Group. The Group is also examining how legal needs are met in other jurisdictions.

The financial eligibility threshold for the Civil Legal Aid Scheme was last revised for income in 2006 and for capital assets in 2013. The current review will allow for an assessment of how flexible and responsive the Scheme is to the needs of those it is intended to serve, including in relation to financial eligibility.

The Review Group’s work is ongoing, and I look forward to receiving its report when finalised and considering its recommendations.

Immigration Policy

Questions (382)

Joe Flaherty

Question:

382. Deputy Joe Flaherty asked the Minister for Justice if it is possible to issue a longer term of stamp 4 permission to persons who are now studying at third level, due to the financial strain it imposes on them along with paying for their fees. [50983/23]

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Written answers

My Department has responsibility for immigration-related matters, including the entry and residence conditions of non-EEA students. My Department regularly consults and engages with the Department of Enterprise, Trade and Employment and the Department of Further and Higher Education, Research, Innovation and Science, among other key sectorial stakeholders, in this area.

Since April 2001, non-EEA students with an immigration Stamp 2 permission, and who are enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP) including English language courses, have been afforded the opportunity to work. This allows them to take up casual employment to supplement their income while studying in Ireland. During term time, non-EEA students can work up to 20 hours per week and during normal college holiday periods they can work on a full time basis up to 40 hours per week.

A Stamp 2 immigration permission indicates that the holder has permission to study a full time, and will typical expire shortly after the conclusion of the course or annually depending on the length of the course or where additional courses are undertaken. For a permission to be renewed, students must prove that they are progressing in their course or commenced a higher level programme.

However, where a non-EEA student has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies.

The period on the Stamp 1G immigration permission is to provide the Graduate and any prospective employer the opportunity to make an application to the Department of Enterprise, Trade and Employment for an employment permit, before the expiry of the Stamp 1G permission. If the application for an employment permit is successful that applicant can register that permit and will be granted a Stamp 1 immigration permission and be allowed to remain in the state. If unsuccessful, the student is required to make arrangements to leave the State.

It is my Department’s intention to take stock of registration and renewal arrangements in general. This will include consideration of the duration of permissions, range of persons in respect of whom registration is required and the range of current exemptions and fee structures. It is anticipated that this exercise will be carried out in Quarter 1 of 2024.

In the course of implementing this programme of change and modernisation, my Department will engage with and keep all stakeholders fully updated on progress.

Legal Aid

Questions (383)

Pa Daly

Question:

383. Deputy Pa Daly asked the Minister for Justice the number of applicants for civil legal aid from the Legal Aid Board during each of the past five years who requested to pay their financial contribution in instalments; the number who were refused a facility to pay in instalments; and the number who paid in instalments, in tabular form. [50990/23]

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Written answers

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021. Section 3(3) of the Act states that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.

As the Deputy is aware, civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. There are 34 full-time centres and dedicated units and three part-time law centres. The Board also operates 20 family mediation centres. Eight of the law centres and family mediation offices are co-located.

Regulation 21(5) of the Civil Legal Aid Regulations 1996 to 2021 provides that:

“The contributions payable by an applicant will normally be payable in advance of the granting of legal services. Exceptionally, however, contributions may, at the discretion of the Board, be paid by instalments over a period not exceeding twelve months from the date of acceptance of the offer of legal aid or advice but this method of payment shall apply only if the Board is satisfied that the applicant cannot obtain credit elsewhere, or that it would cause hardship, or would be unreasonable in all the circumstances, to require payment in advance.”

To be of assistance to the Deputy, I have had enquiries made and the Legal Aid Board has provided the information in the below table, which sets out the number of applicants for civil legal aid who, in the past five years, agreed an arrangement with the Board to pay their financial contribution in instalments. I am informed that the Board has not refused any such request received.

Year

Number of Instalment Arrangements Entered Into

2019

690

2020

696

2021

296

2022

301

2023 - year to date

254

Total

2,237

Visa Applications

Questions (384)

Michael Lowry

Question:

384. Deputy Michael Lowry asked the Minister for Justice further to Parliamentary Question No. 213 of 26 October 2023, if he will provide clarity on the misinformation provided to the applicant and their spouse, specifically regarding the reason they were told to have flights booked; if he has reviewed the documents which have outlined all the applicant and their spouse's concerns; and if she will make a statement on the matter. [50992/23]

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Written answers

The detailed guidance for visa applicants, provided by my Department, sets out that all visa applicants are advised not to pay for a travel ticket before they receive a decision on their visa, as there is no guarantee that any individual application will be successful. This is information is outlined on my Department's website www.irishimmigration.ie.

I am advised by the visa office of my Department, that they have contacted colleagues in the Department of Foreign Affairs, who also process visas under delegated sanction, to advise them of the issues you have raised with regard to the specific case referred to.

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.

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.

Departmental Contracts

Questions (385)

Paul Murphy

Question:

385. Deputy Paul Murphy asked the Minister for Justice if her Department has any current contracts with any Israeli state agency, any Israeli-based company or any company based elsewhere in the world which is owned or part-owned by any Israeli state agency or by any Israeli-based company; and if so, the value of those contracts. [51049/23]

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Written answers

My Department adheres to the principle of competitive tendering for Government contracts when acquiring goods and services. This is requirement of EU law in accordance with the EU Procurement Directives.

Central to these procedures is the requirement to allow fair competition between suppliers through the submission of tenders following advertising of the tender competition on the e-tenders site and on the Official Journal of the European Union (OJEU), where appropriate. Such tender competitions are open to any company or country, subject to the terms of all UN, OSCE and EU embargos or restrictions. There are no such restrictions or embargos in place on Israel or Israeli companies.

My Department’s records indicate there are no current contracts with Israel or Israeli-based firms. These records do not relate to the ownership or part ownership of suppliers and therefore it is not possible to determine if a supplier is based elsewhere in the world which may be owned or part-owned by any such agency or company.

Departmental Data

Questions (386)

Paul Murphy

Question:

386. Deputy Paul Murphy asked the Minister for Justice if her Department or any of its agencies are involved in any exercise, operation, training or research which includes involvement by any Israeli state agency, any Israeli-based company or any company based elsewhere in the world which is owned or part-owned by any Israeli state agency or by any Israeli-based company. [51067/23]

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Written answers

The Deputy will appreciate that it is neither feasible nor appropriate to detail all circumstances in which engagement or involvement with other jurisdictions may have arisen. This is particularly the case in relation to security matters. I am also informed that is not possible to determine whether any company based elsewhere in the world who is involved with my Department or agencies within my remit is owned or part-owned by any Israeli state agency or company.

However I am informed the Probation Service met staff from the Israeli Embassy earlier this year for the purpose of learning about the operation of the Irish Probation Service.

Departmental Policies

Questions (387)

Thomas Pringle

Question:

387. Deputy Thomas Pringle asked the Minister for Justice what efforts are made to enable non-English speakers understand the justice system (details supplied); and if she will make a statement on the matter. [51114/23]

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Written answers

As the Deputy may be aware, under the Criminal Justice (Victims of Crime) Act 2017, if you are the victim of a crime in Ireland you have the right to interpretation and translation services.

I'm informed that, in circumstances where a need arises, An Garda Síochána engage the services of an interpreter for interviewing victims of crime, providing legal rights and procedures to a detained person, interviewing suspects, identification parades, witness statements and specialist interviews.

Where English is not the first language of a party to a case in Criminal or Family Law hearings, the court may direct that an interpreter be provided.

If the court directs an interpreter be provided in any case, the responsibility to arrange and pay for this rests with the Courts Service.

I can assure the Deputy that supporting victims at each stage in their interaction with the justice system has been, and continues to be, a priority for me and this Government.

The actions we are taking as part of Supporting a Victims Journey, for example, will give victims the confidence to report an offence, knowing they will be supported, informed and treated respectfully and professionally for the entirety of the difficult journey they have to face.

For the last number of years, my Department has been working on a number of initiatives to better support victims of crime so that when victims of crime begin to engage with the judicial system, they know what to expect, what their legally enforceable rights are and the supports available at every step in the process. This, of course, includes initiatives specifically developed to provide this information to those who do not have English as a first language.

These initiatives have included:

• A national 'Know Your Rights' awareness campaign, which started earlier this year, and which focused on some of the most important rights available to victims of crime - including interpretation and translation services. These ads included text translated into a number of including including Polish, Mandarin, French, Lithuanian, Arabic and Portuguese.

• An improved website for the Victims Charter, easily accessible, clearly written and user-friendly. It provides information on rights and supports at whatever stage a victim is at on their personal journey;

• The establishment of a Victims Forum that brings together civic society organisations, including migrant organisations, and State organisations to discuss matters such as best practices and innovation in service delivery to victims of crime and improved co-ordination and consistency of service to victims of crime;

• The creation and distribution of print materials (posters, leaflets, etc.) to public locations including Garda stations, emergency rooms, court houses, public libraries, GP surgeries etc.;

• The translation of this material into a number of languages commonly used in Ireland including, most recently, Russian and Ukrainian; and

• The production of information videos based in specific court buildings to inform victims of what to expect on the day they have to attend court as a witness

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