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Tuesday, 5 Dec 2023

Written Answers Nos. 376-387

Property Management Companies

Questions (376)

Bríd Smith

Question:

376. Deputy Bríd Smith asked the Minister for Justice if she will clarify what exactly "a reasonable timeframe" means in the context of the Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020 (S.I. No. 564 of 2020) (details supplied); what a client should do in the event that their communications are not being replied to; and if she will make a statement on the matter. [53385/23]

View answer

Written answers

As the Deputy is aware, the Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020 sets down minimum standards to be observed by property services providers in the provision of property services.

For example, Regulation 5 (1) imposes an obligation on a licensee “to respond to all communications from a client by whatever means agreed with the client and within a reasonable timeframe”. As the Deputy will appreciate, what is considered a “reasonable timeframe” will depend on the facts in an individual case.

The Property Services Regulatory Authority (PSRA), which was established under the 2011, is responsible for the licensing of property services providers and the regulation of the property services sector. The PSRA’s functions include the investigation and adjudication of complaints of improper conduct by property services providers. The definition of improper conduct in the Act includes the commission by a licensee of a contravention of Regulations made under the Act.

Where a property services provider fails to respond to communications from a client, it is open to the client concerned to submit a complaint to the PSRA. Information in relation to the investigation of complaints by the PSRA is available on the PSRA’s website at: Investigation of Complaints - Property Services Regulatory Authority (psr.ie) - www.psr.ie/consumers-information/investigation-of-complaints/

International Protection

Questions (377)

Marian Harkin

Question:

377. Deputy Marian Harkin asked the Minister for Justice the number of international protection applicants who have arrived in Ireland for each of the past five years, in tabular form, including the number per year; the numbers who were refused entry at the border; the number per year whose applications have been approved/refused; the number per year who have received deportation orders, and of those, the number deported by year, all in tabular form; and if she will make a statement on the matter. [53203/23]

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Written answers

My Department is taking all necessary steps to manage the international protection process fairly and efficiently, as part of the broader Government response to this challenging issue.

The number of international protection applications in 2022 was 13,650, a significant increase on recent years. It represents a 186% increase on the number received in 2019, the most recent year in which application numbers were not impacted by Covid-19.

In July this year, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants. This will give status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who do not meet the criteria.

As part of this modernisation programme, I also signed a regulation in November 2022 to introduce an accelerated procedure for international protection applicants from designated safe countries of origin. These applicants now typically receive a first instance decision in less than three months, which is a significant reduction from a norm of 22 to 26 months early last year.

Reforms to the international protection process will continue in 2024. Approximately €34m was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.

The table below sets out the number of applications for international protection, each year from 2019 to 2023.

IP Applications

2019

2020

2021

2022

2023*

Total

4,782

1,566

2648

13,650

11,791**

*To 29 November 2023.

**Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.

The data in the table below shows the latest statistics on decisions made per applicant for International Protection from 2019 to end October 2023*

Decision Year

Refugee Status (RS) Grants**

Subsidiary Protection (SP) Grants**

Permission to Remain (PTR) Grant (1st Instance and Final Decision)**

Refusal All (RS, SP & PTR)**

2019

951

163

427

1,050

2020

1,032

153

315

601

2021

1,105

95

1,148

16

2022

1,926

95

2,849

1,140

2023*

2,332

183

905

988

*There is no correlation between year of application and year decision is issued.

**Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.

A person who wishes to make a claim for international protection (refugee status and subsidiary protection status) in Ireland must be at the frontier of the State or already be present in the State under Section 15(1) of the International Protection Act 2015.

The State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.

If a person arriving at a port of entry to the State indicates or is identified as being in need of international protection they are admitted to the international protection process. My Department examines applications for international protection by anyone who indicates they wish to make an application, this is in accordance with our obligations under international and EU asylum law.

The table below details arrivals for Dublin Airport. The Border Management Unit of my Department is responsible for frontline Immigration at Dublin Airport only, as such the below figures reflect the position at Dublin Airport. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).

Year

Total Arriving Passengers*

Total Refusals*

Requested Asylum*

2019

16,318,300

6,151

N/A**

2020

3,636,256

2,077

N/A**

2021

4,118,027

3,210

N/A**

2022

13,930,041

7,662

6,765

2023 YtD (31/10)

14,304,987

4,606

3,644

*Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.

**The BMU introduced the statistical system to capture these figures in October 2021, therefore, data is only available from that time.

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 Garda National Immigration Bureau (GNIB) is responsible for carrying out deportations. However, the Deputy will be aware that the numbers of Deportation Orders effected by GNIB 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.

Year Issued

Total IP Deportation Orders Signed*

Numbers Deported*

2019

835

183

2020

291

63

2021

0

17

2022

539

55

2023 YTD

736

34

*Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing. Numbers deported may relate to deportation orders issued in previous years.

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/

Public Sector Staff

Questions (378)

Darren O'Rourke

Question:

378. Deputy Darren O'Rourke asked the Minister for Justice if the posts of director of licensing and director of technology for the Gambling Regulatory Authority of Ireland have been filled. [53223/23]

View answer

Written answers

The two positions in question have recently been filled following an open recruitment competition run by the Public Appointments Service. The successful candidates in relation to both roles are due to take up their positions in January 2024.

Further positions are expected to be advertised for recruitment in the coming months.

An Garda Síochána

Questions (379)

Darren O'Rourke

Question:

379. Deputy Darren O'Rourke asked the Minister for Justice the number of new marked vans attached to the Garda Technical Bureau in 2022 and to-date in 2023; the number of marked vans withdrawn from the Garda Technical Bureau during the same period. [53225/23]

View answer

Written answers

The unprecedented allocation of over €2 billion for 2023 and €2.3 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work.

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.

However, I can inform the Deputy that as of 30 November there were 3,447 vehicles attached to the Garda fleet which represents an increase of almost 11% since the end of 2020, and is the highest number of vehicles attached to the Garda fleet ever.

I am informed by Garda Authorities that, as of 30 November, there are 1,076 vehicles attached to National and Headquarter Units. This represents an increase of just over 30% since 2020.

I am informed by the Garda authorities that no marked vans have been allocated to the Garda Technical Bureau from 2022 up to the 31 of October 2023. I am further informed that during this period, no vans were removed from the Bureau.

I am advised that the purchase and allocation of vehicles is made on the basis of identified operational demands and the availability of resources. The allocation of Garda vehicles is monitored and reviewed on a continual basis to ensure the best match with operational requirements.

Departmental Funding

Questions (380, 420)

Brendan Griffin

Question:

380. Deputy Brendan Griffin asked the Minister for Justice if funding will be granted to an organisation (details supplied) in County Kerry; and if she will make a statement on the matter. [53304/23]

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Michael Healy-Rae

Question:

420. Deputy Michael Healy-Rae asked the Minister for Justice if funding will be increased for a centre (details supplied); and if she will make a statement on the matter. [53856/23]

View answer

Written answers

I propose to take Questions Nos. 380 and 420 together.

Funding is provided by my Department to NGOs that support victims of crime through services such as emotional support, court accompaniment, and accompaniment to Garda interviews, to sexual assault treatment units and referral to other services.

Under Budget 2024, an increased budget of €7.57 million is being made available.

This allocation will cover grants for the wider victims of crime area, including sexual crime and domestic violence.

Some of this funding will continue to be disbursed by my Department, and some will be disbursed by the new Domestic, Sexual and Gender-based Violence Agency, Cuan.

As the Deputy may be aware, legislation to establish Cuan passed through the Houses of the Oireachtas in recent weeks.

I can confirm that work to ensure the Agency will be up and running in January remains on track.

Due to the nature of this organisation’s application – which includes requested funding for new staffing - it will be considered by the new Agency early in 2024

Legislative Reviews

Questions (381)

Mattie McGrath

Question:

381. Deputy Mattie McGrath asked the Minister for Justice her views on the Success of the Mediation Act 2017; to outline any reviews of this legislation that have been carried out or if she intends to carry out any further reviews of the legislation; to outline what key performance indicators if any, have been met; what plans she has, if any, to further promote the role of mediation as an alternative dispute mechanism; and if she will make a statement on the matter. [53310/23]

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Written answers

The formation of a Mediation Council of Ireland is a component of the Mediation Act 2017 and the overall development of mediation throughout Ireland. The Council will play an important role in promoting public awareness of mediation, maintaining and developing mediation standards – including continuous professional development – and establishing a national register of mediators. My Department is currently working with the mediation sector to support their work on its establishment.

The Deputy may be aware that I published the Family Justice Strategy in November 2022. The Strategy sets out the vision for a coordinated, consistent and user-focused family justice system, which helps children and families obtain earlier, appropriate resolutions in a simpler, fairer, and more effective way. It aims to achieve this through the implementation of over 50 actions across nine goals.

Goal 4 of the Strategy aims to promote more co-operative, less adversarial ways for individuals, children and families to try to resolve disputes. This goal contains a number of actions relating to the role of mediation in family justice.

The Courts Service has, as part of its family justice work, provided information on the potential use of mediation in family law on its new Family Law Information Hub, launched earlier this year. It also signposts mediation on guardianship, custody, access and maintenance court forms.

Under this Goal, the Legal Aid Board has provided training to its staff and those of the Courts Service to inform members of the public on mediation and the services available. It has also commenced a private panel of family mediators to supplement the work of the Family Mediation Service.

In 2022, the Legal Aid Board introduced a Advanced Family Mediation Trainee Programme to train mediators to work in the family mediation area and to meet the current eligibility criteria to apply for a position as a family mediator in the Legal Aid Board. Entry to the training was via a recruitment competition, which was advertised nationwide. Nine trainees completed this programme in 2023.

Part of the Family Justice Strategy and a key element of the programme of family justice reforms, is the establishment of a family court as divisions within the existing court structures. This is set out in the Family Courts Bill 2022. The Bill completed Second Stage in the Seanad earlier this year.

The Bill provides a set of guiding principles aimed at ensuring that the family court system and family law proceedings will operate in an efficient and user-friendly manner. Key among the guiding principles is encouraging and facilitating, as far as possible, the resolution of issues in dispute by means of alternative resolution methods, such as mediation.

The courts, legal practitioners and parties to family law proceedings will be required to have regard to these principles in the conduct of family law proceedings.

Departmental Advertising

Questions (382)

Carol Nolan

Question:

382. Deputy Carol Nolan asked the Minister for Justice the total budgeted cost of the "consent" radio advertisements which are currently being aired; the total amount spent in each year to date; and the total amount which was paid to RTE in each year; and if she will make a statement on the matter. [53321/23]

View answer

Written answers

The ‘Let’s Have the Consent Conversation’ campaign – which is running on TV, cinema, local and national radio, digital and social media, and elsewhere – seeks to get people talking and thinking about sexual consent, and to normalise it as a foundation for all healthy sexual relationships.

The campaign fulfils key actions in both Surviving Supporting a Victim’s Journey and in the Zero Tolerance Strategy on domestic, sexual and gender-based violence.

By encouraging people to talk openly and honestly about sexual consent, the objective is to create a society where everybody can feel comfortable discussing their boundaries, desires and expectations when it comes to their sexual relationships. By fostering open communication, the aim is to enhance mutual understanding, equality and respect.

I am informed that the current total overall media budget for the Consent campaign for 2023 is €880,385, of which €516,454 is allocated to the main campaign and €363,931 to the localised plan.

The total budget allocated to radio on this campaign is as follows:

Total National and Regional

€188,172.78

Total RTE Radio

€61,367.16

All figures include VAT. All costs outlined relate to 2023 as this is a new campaign.

Information and Communications Technology

Questions (383)

Carol Nolan

Question:

383. Deputy Carol Nolan asked the Minister for Justice if the Border management unit of her Department utilises facial recognition technology; the safeguards that are in place to prevent abuse of this technology; the costs paid to providers for the operation and maintenance of this technology since it was first utilised by the unit; and if she will make a statement on the matter. [53331/23]

View answer

Written answers

The State has a duty to protect its borders and to ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration.

The Border Management Unit (BMU) of the Department has responsibility for frontline immigration duties at Dublin Airport only. An Garda Síochána has responsibility for frontline immigration controls at all other airports and ports. Immigration Officers conduct passport checks on arrival to ensure passengers are properly documented in accordance with Section 11 of the Immigration Act 2004 and Automated Border Control (ABC eGates) are used as part of that function.

The ABC eGates offer certain categories of arriving passengers (passport holders from the EU, EEA, Switzerland and UK who are over 18 years of age and hold a modern, chipped passport) a "self-service" type channel to clear immigration control instead of being processed manually at an immigration booth.

The facial recognition technology utilised by the ABC eGates at Dublin Airport occurs only at the point of use and matches the individual user of the ABC eGate to the travel document which the user has presented. The ABC eGates do not match or export facial images to any external database or source.

Cost related to ABC eGate expenditure include the supply of hardware, software and all associated maintenance; I am advised that for reasons of commercial confidentiality and as a procurement exercise for these services is currently underway, I should not disclose the level of costs paid to providers in this regard.

An Garda Síochána

Questions (384)

Aodhán Ó Ríordáin

Question:

384. Deputy Aodhán Ó Ríordáin asked the Minister for Justice for a breakdown of overtime in An Garda Síochána from 2018 to 2022 and to date in 2023; and to detail if possible where the overtime is worked; and where the gardaí working the overtime are based. [53341/23]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business, including all operational policing matters, under the Garda Síochána Act 2005 (as amended). The Commissioner is also the Accounting Officer for the Garda Vote under the Act, and is responsible for the economy and the efficiency of the Garda Síochána in using its resources. As Minister, I play no role in these independent functions.

I have contacted the Garda authorities and have been advised that detailed information relating to overtime expenditure going back to 2012 by An Garda Síochána is publicly available, in the interests of transparency, at the following link:

www.garda.ie/en/information-centre/freedom-of-information/publication-scheme/budgets-and-spending/overtime-reports.html

These reports detail overtime expenditure by quarter by Division.

Visa Applications

Questions (385)

Seán Sherlock

Question:

385. Deputy Sean Sherlock asked the Minister for Justice the status and when a decision will be reached for a visa application by a person (details supplied). [53360/23]

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Written answers

I am pleased to inform the Deputy that the visa application referred to was granted on 20 November 2023. Notification of this decision was issued on 21 November 2023. The visa sticker will issue as soon as the applicant attends the relevant Visa Office/Embassy/Consulate.The applicant should be advised that entry into the State is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individuals to have all documentation relating to their reasons for entering Ireland for presentation to the Immigration Officer to gain entry. The Immigration Officer may grant leave to enter to a maximum period of three months. They may, depending on the documentation presented refuse entry to the state or grant a lesser period than three months. Any non EU/EEA nationals who wish to remain for longer than 90 days must register with their local immigration office and apply for further permission to remain before their initial permission to remain expires. Full details of the Registration process can be found at the link below:www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/requirements-and-documents-needed/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.

Departmental Data

Questions (386)

Peadar Tóibín

Question:

386. Deputy Peadar Tóibín asked the Minister for Justice the number of crimes and the type of crimes that have been reported in the north inner city in the past five years. [53369/23]

View answer

Written answers

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.

The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases in relation to various crime statistics. The most recent statistics were released on 25 September 2023, providing stats for Recorded Crime for Quarter 2 (Q2) 2023.

Figures in respect of criminal offences reported to Gardaí in the DMR North Central Division can be found on the CSO website at the following link: data.cso.ie/table/CJQ06

An Garda Síochána

Questions (387)

Peadar Tóibín

Question:

387. Deputy Peadar Tóibín asked the Minister for Justice if the gardaí track the country of origin of people who are convicted of crime in Ireland. [53370/23]

View answer

Written answers

Outcomes of Court proceedings, including the recording of convictions and collation of related data, are under the remit of the Courts Service. 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 . The Minister has no role in these matters. As the information requested by the Deputy is held by the Courts service, I have referred this question to the Courts service for direct answer.

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