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Tuesday, 5 Dec 2023

Written Answers Nos. 401-414

International Protection

Questions (401)

Michael McNamara

Question:

401. Deputy Michael McNamara asked the Minister for Justice how many people are currently assigned to the International Protection Office Case Processing Panel; how many persons were assigned at the end of November 2022 and November 2021, respectively; and if she will make a statement on the matter. [53507/23]

View answer

Written answers

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively while ensuring the integrity of Ireland's rules-based immigration system is maintained at all times.

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 international protection applicants. This will ensure those who are entitled to international protection to rebuild their lives here are given status, while also ensuring faster decision making in respect of those who do not meet the criteria.

I can inform the Deputy that the IPO expects to have approximately 400 staff by the end of 2023, an increase of 95% over 2022, and will make approximately 9,000 decisions this year, more than double that made last year.

In addition to these staff, case processing panel members are contracted by the Department to make recommendations on International Protection cases to the International Protection Office. The number of panel members recruited in the IPO has also increased during 2023 to 184 at the end of November, an increase of 229% on the 56 active panel members overall in 2021 and a 142% increase on the 76 panel members active at the end of November 2022.

International Protection

Questions (402, 403)

Michael McNamara

Question:

402. Deputy Michael McNamara asked the Minister for Justice the average and median length of time between receipt of applications for international protection and first instance decisions on international protection applications, and the average and mean length of time between applications and first instance decisions currently, at the end of June 2023 and the end of November 2022 of the International Protection Appeals Tribunal. [53508/23]

View answer

Michael McNamara

Question:

403. Deputy Michael McNamara asked the Minister for Justice the average and median length of time between receipt of applications for international protection and the issuance of decisions by the International Protection Appeals Tribunal currently, at the end of June 2023 and at the end of November 2022, respectively. [53509/23]

View answer

Written answers

I propose to take Questions Nos. 402 and 403 together.

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.

Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law

The number of international protection applications last year 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.

Already these reforms are having a significant impact with the median processing time for first-instance decisions reducing from 18 months in 2022 down to 15 months in 2023. The median processing times for appeals is also down from 15 months at the beginning of 2022 to five months in 2023.

I can also inform the Deputy that the IPO expects to have 400 staff by the end of 2023, an increase of 95% over 2022, and will make approximately 9,000 decisions this year, more than double that made last year.

The International Protection Appeals Tribunal's (IPAT) operational capacity is also currently being significantly expanded to meet their increased caseload. Additional resources are being deployed through increasing the number of Tribunal members as well as further recruitment of administrative staff.

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.

Please see below table for data detailing processing times for the IPO.

IPO First Instance Processing Time in Months from the beginning of the relevant year to Reference Date

Time Period

Median

Average

Jan 2022 up to Nov 2022

19

19

Jan 2023 up to June 2023

11

11

Jan 2023 up to Oct 2023

12

11

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

Please see below table for data detailing processing times for the IPAT.

Average processing times from appeal lodged in the International Protection Appeals Tribunal to decision issued.

Time Period

Median

Average

At end of Nov 2022

10.8

13.5

At end of June 2023

5.1

7.7

At end of Oct 2023

5.2

7.2

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

The Deputy may also wish to know that the Department’s website provides a detailed overview of the International Protection process in Ireland as well as monthly statistics and metrics on the processing of international protection applications. This can be accessed at:

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

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

Question No. 403 answered with Question No. 402.

Departmental Communications

Questions (404)

Carol Nolan

Question:

404. Deputy Carol Nolan asked the Minister for Justice if her Department operates an X account (formerly Twitter) or any other social media account, and if such accounts are verified through a subscription fee; the policy in place that guides when any of these accounts can ‘like’, endorse or support a posting on X or other social media platforms; and if she will make a statement on the matter. [53659/23]

View answer

Written answers

My Department is committed to informing and educating the public about the important work of the Department and the wider justice sector. One of the key ways it seeks to accomplish this is through the use of social media. The operation of social media accounts is kept under ongoing review.

The Department of Justice operates five social media accounts on the X (formerly Twitter), LinkedIn, Facebook, Instagram and YouTube platforms. I am informed that none of these accounts are verified through a subscription fee.

My Department has a social media policy in place for each of the accounts referenced above. These are published online at Social Media Policy at the Department of Justice (www.gov.ie) - www.gov.ie/en/organisation-information/afd22b-social-media-policy-at-the-department-of-justice-and-equality/#twitter-policy

An Garda Síochána

Questions (405)

Alan Kelly

Question:

405. Deputy Alan Kelly asked the Minister for Justice how many trainee gardaí will go through the Garda College, Templemore in 2023. [53702/23]

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Written answers

The Government is committed to building stronger, safer communities – and strengthening An Garda Síochána is at the core of that. We will continue to provide An Garda Síochána with the resources it needs to ensure communities around Ireland are safe and feel safe, including to invest in recruitment, in equipment and technology and in buildings. Budget 2024 provides a budget of €2.3 billion to An Garda Síochána – this is a 23% increase since 2020. This funding allows for the continued recruitment of Garda members and staff.

Numbers in Templemore continue to increase, with trainees entering the college every 11 weeks. A total of 637 trainees have entered the training college so far in 2023. Another class is due to enter Templemore in December putting An Garda Síochána on track for between 700 and 800 new recruits into the college this year.

237 new Gardaí have attested so far this year. The next Attestation which was scheduled for 12 January has been brought forward to 15 December. Over 150 trainees will attest on this date and will be deployed for policing duties over the Christmas period. They will return to the college to complete their studies at a later date.

An Garda Síochána

Questions (406)

Michael McNamara

Question:

406. Deputy Michael McNamara asked the Minister for Justice if she will provide an update on the progress outlined on 29 March 2022 that the Garda Commissioner had instructed that a fresh investigation be undertaken into the matters which a judge (details supplied) determined required further investigation in their report on the statutory inquiry under section 42 of the Garda Síochána Act 2005 into the Garda Síochána investigation relating to the death of a person; whether prosecutions have been initiated; whether the report by the judge will be published, either in full or redacted form; and if she will make a statement on the matter. [53730/23]

View answer

Written answers

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 operational policing matters. As Minister I have no role in these independent functions and am unable to direct the Garda Commissioner regarding any investigation. Further, decisions to prosecute are for the Director of Public Prosecutions, who is completely independent in her functions.

I can also advise the Deputy that the position with regard to Judge Clyne's report remains the same as was set out in my previous response in March, 2022. I do not propose to publish Judge Clyne’s report at this time as to do so could potentially prejudice a future prosecution. I am also mindful of the need not to interfere with or otherwise prejudice the cold case investigation which the Garda Commissioner decided to open.

Legal Aid

Questions (407)

Niamh Smyth

Question:

407. Deputy Niamh Smyth asked the Minister for Justice if a cap can be examined for the number of times a person can access free legal aid; and if she will make a statement on the matter. [53736/23]

View answer

Written answers

As the Deputy will appreciate, the Constitution obliges the State to provide an accused person with the means to obtain appropriate legal representation.

The European Convention on Human Rights provides that every person charged with a criminal offence is presumed innocent and is entitled to defend themselves in person or through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance to be given it free when the interests of justice so require.

The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution.

The overriding concern is to ensure that due process is followed and that no risk arises in relation to the prosecution of a person charged with a criminal offence before the courts.

Therefore, I can inform the Deputy that setting a cap on the number of times a person may apply for legal aid is not being explored.

However, it may be of interest to the Deputy to know that I have received Government approval for the General Scheme of the Criminal Legal Aid Bill , the key purpose of which will be to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board.

The Bill will also update the administration of criminal legal aid and introduce a number of reforms to safeguard the operation of the Criminal Legal Aid Scheme and strengthen controls where that is warranted. This includes:

• Introducing a simple and transparent written or online application system for Criminal Legal Aid, which will be required to be supported by a Statement of Financial Circumstances.

• Provide that the Courts can impose a condition that the granting of legal aid is subject to a further assessment of income by the Legal Aid Board, where deemed necessary.

• Provide that the Legal Aid Board will be able to make a recommendation that the applicant is of sufficient means to pay some of their legal costs themselves, rather entirely have it paid for by the State.

An Garda Síochána

Questions (408)

Pa Daly

Question:

408. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 901 of 13 June 2023, the projected and actual number of Garda recruits, resignations, retirements and overall workforce numbers to date in 2023, in tabular form. [53739/23]

View answer

Written answers

The Government is committed to building stronger, safer communities – and strengthening An Garda Síochána is at the core of that. We will continue to provide An Garda Síochána with the resources it needs to ensure communities around Ireland are safe and feel safe.

The unprecedented allocation of over €2 billion for 2023 and a further €2.31 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.

This level of funding is providing for a steady pipeline of new Gardaí, with new recruits entering the Garda College approximately every 11 weeks.

The closure of the Garda College for much of 2020 and 2021 as a result of COVID-19 had a significant impact on Garda numbers. Since the end of the pandemic, the number of recruits has accelerated. A total of 637 trainees entered the training college so far in 2023. Another class is due to enter Templemore in December putting An Garda Síochána on track for between 700 and 800 new recruits into the college this year.

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 for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters. I am however assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.

At the end of October 2023, there were 13,940 Garda members across the country. This represents an increase of almost 9% since 2015. In addition, the civilianisation programme has freed up almost 900 Garda members from back office work for front line policing work since 2015.

237 new Gardaí have attested so far this year. The next Attestation which was scheduled for 12 January has been brought forward to 15 December. Over 150 trainees will attest on this date and will be deployed for policing duties over the Christmas period. They will return to the college to complete their studies at a later date.

I am informed that the table below sets out the number of Garda members who resigned in 2023, and includes applications on hand for December.

Month

Number of Resignations 2023

January

12

February

14

March

11

April

6

May

20

June

10

July

14

August

8

September

19

October

29

November

14

December

7

Total

164

I am also informed that the table below sets out the number of Garda members who retired in 2023, and includes applications on hand for December.

Month

Number of Retirements - includes Voluntary, Compulsory and Cost Neutral Early Retirement - 2023

January

19

February

11

March

62

April

23

May

38

June

23

July

16

August

21

September

10

October

38

November

37

December

25

Total

323

The following final table provided by An Garda Síochána provides exit figures for An Garda Síochána as of 1 December 2023, and includes applications on hand for December.

2023

Projected figures for 2023

Actual

Exit figures combine: Voluntary, Compulsory and Early retirements. Resignations, dismissals, deaths in service and medical discharges.)

552

519

Please not that all figures provided are operational and may be subject to change.

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

An Garda Síochána

Questions (409)

Jackie Cahill

Question:

409. Deputy Jackie Cahill asked the Minister for Justice if all operational gardaí are currently recertified or qualified to use batons, handcuffs and incapacitant spray, if they meet a public order situation; and if she will make a statement on the matter. [53746/23]

View answer

Written answers

As the Deputy will be aware, by law the Garda Commissioner is responsible for operational policing matters, including the training of Garda members. As Minister, I have no direct role in these matters.

I am advised by the Garda authorities that all trainee Gardaí receive training in the use of batons, handcuffs and incapacitant spray as part of the Officer and Public Safety Module in the initial stages of the Foundation Training Programme. Subsequent to this, and once members are deployed, the recertification of operational members is the responsibility of each Divisional office, and these are not recorded centrally.

Residency Permits

Questions (410)

Michael Healy-Rae

Question:

410. Deputy Michael Healy-Rae asked the Minister for Justice the status of an application by a person (details supplied); and if she will make a statement on the matter. [53764/23]

View answer

Written answers

The person referred to in the Deputy's query requested a review of the decision to refuse their application for a residence card under the European Communities (Free Movement of Persons) Regulations 2015, which was received by the Review Unit of the EU Treaty Rights area of my Department on 19 September 2023.

While every effort is made to issue a decision on each application as soon as possible, current processing times may vary having regard to the complexity of the application and the possible need for the EU Treaty Rights Review Unit to seek further information. The person concerned can be assured that there will be no avoidable delay in having their case brought to finality.

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.

Official Engagements

Questions (411)

Pa Daly

Question:

411. Deputy Pa Daly asked the Minister for Justice for details of her diary and all engagements for 22, 23 and 24 November 2023. [53778/23]

View answer

Written answers

The information requested by the Deputy is provided below.

Wednesday 22 November

10:00-11:00 - Open Field Fisher Premises

11:00-11:45 - Briefing on Community Safety Partnership

12:00-13:00 – Leaders' Questions

13:15-14:00 - DSGBV Agency Bill - Committee Stage & Report Stage

14:00-14:45 - Briefing on Community Safety Partnership

14:45-15:00 – Rape Crisis Network Ireland Photo call

16:00-17:00 - Meeting with An Taoiseach and Garda Commissioner

Thursday 23 November:

09:30-10:30 Constituency Event (School Opening with Minister Foley)

14:30 -16:30 Phone calls, including with Secretary General, Garda Commissioner, An Taoiseach, Minister Donohoe

17:00 -17:20 Briefing with senior officials in Leinster House

17:20 Media interviews (with Minister Donohoe) RTE and Virgin, Government Buildings

18:00-18:45 Meetings with senior officials in Department of Justice, Stephen's Green

18:45-19:30 Phone calls with Dublin Central TDs

20:00-20:45 Meeting with Garda Commissioner and senior officials

20:45 Media interview with Garda Commissioner

21:00-22:30 Media - RTE Prime Time and Virgin Media Tonight Show

Friday 24 November:

07:50 Phone call briefing with the Garda Commissioner

08:10-09:00 - Media - RTE Morning Ireland & Newstalk Breakfast

10:00-14:00 - Meetings with senior officials

14:30-16:00 - Visit to Store Street with An Taoiseach

16:30-17:00 - Media - Doorstep

17:00-19:00 - Meeting of Ministers and senior officials, Sycamore Room, Govt Buildings

18:25 -18:35 – Interview with RTE Six One News

An Garda Síochána

Questions (412, 413)

Pa Daly

Question:

412. Deputy Pa Daly asked the Minister for Justice when she and the Garda Commissioner were first in contact in relation to an incident (details supplied); who initiated that contact; and if she will make a statement on the matter. [53779/23]

View answer

Pa Daly

Question:

413. Deputy Pa Daly asked the Minister for Justice when she and the Garda Commissioner were first in contact in relation to an incident (details supplied); who initiated that contact; and if she will make a statement on the matter. [53780/23]

View answer

Written answers

I propose to take Questions Nos. 412 and 413 together.

My thoughts remain with the young children and their crèche worker who were so viciously assaulted. This was a truly shocking incident and one that has left a deep impression on so many of us.

Just before 2.30pm on Thursday 23 November I was informed of the attack by the Secretary General of my Department who had been briefed by An Garda Síochána on what was then known about the appalling stabbing in Parnell Square. I first made contact with the Garda Commission just after 2.40pm and remained in ongoing close contact with the Secretary General and the Commissioner throughout the day and up to 11 pm that evening in relation to the initial attack and as the public disorder developed, including a meeting in my Department that evening. Following that meeting the Commissioner and I jointly spoke to the media to provide reassurance that those responsible for the riots would be brought to justice. I was then briefed again by the Commissioner at 7.50 am on Friday morning on the progress of the investigation and arrests overnight. I remained in close contact with him over the weekend, as well as having ongoing briefings with senior officials in my Department. I also met with, and thanked, frontline Gardaí in Store Street, Pearse Street, the Bridewell and the Dublin Metropolitan Region Control Centre in Heuston Station over that weekend. I and my Department remain in ongoing close contact with the Commissioner and his senior team.

Question No. 413 answered with Question No. 412.
Question No. 414 answered with Question No. 389.
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