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Tuesday, 12 Dec 2023

Written Answers Nos. 567-581

Departmental Properties

Questions (568)

Pa Daly

Question:

568. Deputy Pa Daly asked the Minister for Justice for an update on the Thornton Hall site, including any progress with regards its availability for social and affordable housing. [55167/23]

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Written answers

The Deputy will be aware that the site at Thornton Hall was purchased by the State in 2005 for a new prison development that did not proceed at the time. The site is a fully serviced green field site which remains available for development if required in the future.

The Irish Prison Service retains a strong strategic interest in this site for the possible future expansion of the prison estate.

Departmental Data

Questions (569)

Peadar Tóibín

Question:

569. Deputy Peadar Tóibín asked the Minister for Justice the number of tribunals, public investigations and commissions of investigations in process; the length of time each has been underway; when each will conclude; the cost to date of each; and the estimated cost of each at completion. [44814/23]

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Written answers

There is currently one Commission of Investigation in process by my Department. The details of this, as requested by the Deputy, are outlined below.

Length of Time Underway

Conclusion Date

Cost To Date

Estimated Cost at Completion

Hickson Commission of Investigation

Commenced November 2018 - expected to complete in mid- 2024

N/A

3,113,076.66

*The work of the Commission is ongoing and is expected to be completed in mid-2024. It is not possible to provide the estimated costs at completion as any estimation given would be speculative.

Domestic, Sexual and Gender-based Violence

Questions (570)

Holly Cairns

Question:

570. Deputy Holly Cairns asked the Minister for Justice the number and amounts of capital grants for the provision of domestic violence and abuse refuges from 1 January 2020 to date; and if she will make a statement on the matter. [55184/23]

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Written answers

As the deputy is aware, the Government will establish Cuan, the statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence next month.

The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue.

Pending establishment of the Agency, responsibility for DSGBV services, including the provision and funding of refuge spaces, continues to be channelled through Tusla.

I have referred the question posed by the Deputy to Tusla for direct reply.

Domestic, Sexual and Gender-based Violence

Questions (571)

Holly Cairns

Question:

571. Deputy Holly Cairns asked the Minister for Justice the way that the State is meeting its commitments under the Council of Europe Istanbul Convention including the provision of refuge spaces and support services; and if she will make a statement on the matter. [55185/23]

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Written answers

One of the overarching goals of the Zero Tolerance Strategy to address domestic, sexual and gender based violence (DSGBV), is ensuring that everyone who needs a refuge space will get one, and I am committed to working with my Government colleagues and with those working in the sector to achieve this.

As the Deputy will be aware, Ireland formally ratified the Istanbul Convention on 8 March 2019 (International Women’s Day), having given full effect to all obligations required of it.

The Third National Strategy, which is our most ambitious, is structured around the four pillars of the Istanbul Convention – Protection, Prevention, Prosecution and Policy Co-ordination and builds on what has been achieved under the Second National Strategy.

The accompanying implementation plan contains 144 detailed actions which are assigned to my department and other departments and agencies across Government. Subsequent implementation plans will be published annually during the lifetime of the Strategy.

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 up to 36 places in Wexford, Dundalk and Navan by end-2024.

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.

Work to establish the DSGBV agency is well advanced and last month we welcomed the passing legislation which will put the agency, which will be called Cuan, on a statutory footing.

Cuan will work collaboratively with the NGO and DSGBV services sector to ensure that the best possible services are in place to meet the needs of victims and survivors.

It will be tasked with supporting and overseeing the delivery of safe and accessible refuge accommodation, and ensuring the delivery of excellent services to victims of DSGBV (including helpline and other supports).

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.

Domestic, Sexual and Gender-based Violence

Questions (572)

Holly Cairns

Question:

572. Deputy Holly Cairns asked the Minister for Justice the number of domestic violence and abuse refuge spaces available in the State, by county, in tabular form. [55186/23]

View answer

Written answers

As the Deputy is aware, the Government will establish Cuan, the statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence next month.

The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue.

Pending establishment of the Agency, responsibility for DSGBV services, including the provision and funding of refuge spaces, continues to be channelled through Tusla.

I have referred the question posed by the Deputy to Tusla for direct reply.

Departmental Staff

Questions (573)

Michael Fitzmaurice

Question:

573. Deputy Michael Fitzmaurice asked the Minister for Justice further to Parliamentary Question No. 341 of 10 October 2023, if she will confirm the number of staff suffering from long-Covid who have had their employment terminated by her Department in particular (details supplied); and if she will make a statement on the matter. [55189/23]

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Written answers

I am informed that no members of staff at my Department suffering with long-Covid have had their employment terminated.

I am further informed by the Irish Prison Service that no staff have had their employment terminated due to long Covid.

As the Deputy will be aware, Garda members and staff are employed by the Garda Commissioner, who is responsible for the management and administration of An Garda Síochána. My Department is not responsible for employing, or terminating the employment of Gardaí or Garda staff, as this is a strictly operational matter for Garda management, and my Department has no role.

As the Deputy will be aware, Circular 12/2023 sets out arrangements for the management of sick leave in the civil service. A range of supports and rehabilitative measures are in place to support and encourage officers in returning to the workplace following extended periods of illness. This Circular also applies to officers who are suffering or have suffered from long-Covid.

An Garda Síochána

Questions (574)

Emer Higgins

Question:

574. Deputy Emer Higgins asked the Minister for Justice to clarify the Government position on the pension scheme for gardaí who enlisted post-1995, particularly regarding the requirement to register as job seekers for the supplementary pension, and the impact of part-time employment on pension entitlements; what steps are being taken to address recruitment concerns arising from these pension arrangements; and if she will make a statement on the matter. [55193/23]

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Written answers

Prior to payment of the Occupational Supplementary Pension, a retired Garda must engage with the Department of Social Protection (DSP) and obtain proof that they have exhausted any relevant benefits for which they may be eligible under the social insurance system. The rules surrounding qualifying for a Social Insurance benefit are a matter for the DSP.

One of the criteria to qualify for the payment of an occupational supplementary pension is that the retired Garda must not be in paid employment, any paid employment would result in the payment of the occupational supplementary pension being applied on a pro-rata basis.

Where an individual in receipt of an occupational supplementary pension takes up part-time employment, for example, for one day, the supplementary pension would cease for that one day only and will be payable for the other 4 working days in the week, similar to how an entitlement to Jobseeker’s Benefit is treated. Therefore, taking up paid employment for one day in the week/year would not cause an occupational supplementary pension to cease for the whole year. The occupational supplementary pension would not be payable for that one day of paid employment.

Officials in my Department and the Department of Public Expenditure, NDP Delivery and Reform are working to resolve this issue with a view to establishing a more efficient and streamlined approach.

Current Garda recruits qualify for the Single Scheme. The Single Public Service Pension Scheme started on 1 January 2013 and it is a career-average defined benefit pension scheme. Following retirement, increases to the pension are linked to inflation.

Departmental Schemes

Questions (575)

Niamh Smyth

Question:

575. Deputy Niamh Smyth asked the Minister for Justice for an update on the regularisation scheme application (details supplied); and if she will make a statement on the matter. [55197/23]

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Written answers

The application from the person referred to by the Deputy under the Regularisation of Long Term Undocumented Migrants Scheme was granted by letter dated 10 May 2023.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Departmental Priorities

Questions (576)

Cathal Crowe

Question:

576. Deputy Cathal Crowe asked the Minister for Justice her main policy and legislative priorities for 2024; and if she will make a statement on the matter. [55212/23]

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Written answers

Each year I have set out my main policy and legislative priorities in the Justice Plan. I will bring Justice Plan 2024 to Government in the new year and subsequently publish it. It will set out my policy and legislative priorities for 2024.

Departmental Data

Questions (577)

Seán Haughey

Question:

577. Deputy Seán Haughey asked the Minister for Justice if she will introduce a dedicated animal crime unit; and if she will make a statement on the matter. [55356/23]

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Written answers

As the Deputy will be aware, policy and legislation surrounding animal health and welfare rests under the remit of my colleague, the Minister for Agriculture, Food and the Marine.

One of the National Parks and Wildlife Service's (NPWS) strategic goals is to safeguard nature and to help prevent wildlife crime. Anyone who suspects a wildlife crime has been committed can contact their nearest NPWS Conservation Ranger or via email to WildlifeEnforcement@npws.gov.ie. Further details are available on the NPWS website.

The Local Authorities also have specific powers regarding animal welfare under a range of Acts, including the Control of Dogs Acts, the Control of Horses Acts and the Animal Health and Welfare Acts.

A person may still also make a report to their local/nearest Garda Station, or in an emergency by dialling 999/112.

As Minister I am unable to seek to direct the Garda Commissioner in regards to the establishment of any Garda units, as the Commissioner is responsible for the management and administration of Garda business.

However, the Deputy may wish to be aware of my Department's Rural Safety Plan, which is the result of strong collaboration between all the relevant organisations and brings together the excellent work already underway in relation to rural safety. The Plan is not intended to replace, but rather supplement, this work. The vision of the Rural Safety Plan is for people and communities in rural Ireland to feel safe and be safe in their homes, their places of work, and their local environments.

One of the five areas covered by the Plan is that of animal crime.

Departmental Data

Questions (578)

Joe Flaherty

Question:

578. Deputy Joe Flaherty asked the Minister for Justice if he will address the case of a person (details supplied). [55357/23]

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Written answers

As the Deputy is aware, a Stamp 3 immigration permission allows the holder to stay in Ireland for a specified period, subject to conditions, and is reckonable as residence when applying for citizenship by naturalisation. It is renewable, subject to the conditions for the permission being met, one of which is that the holder cannot work or engage in any business, trade or profession.

The policy concerning these conditions as to the ability to work or engage in business is currently under review by officials in my Department.

At present, in order for a non-EEA national on a Stamp 3 immigration permission to be allowed to work in the State, they must apply for and be granted an employment permit by the Department of Enterprise, Trade and Employment (DETE). A prospective employer must first obtain an employment permit in respect of them.

Should the person concerned be successful in securing the appropriate employment permit from the DETE, they will then be able to register on a Stamp 1 immigration permission with their local registration office.

Further information relating to employment permits can be found at: www.enterprise.gov.ie.

It is also open to the person concerned to apply for a change of their immigration status if they meet the criteria for doing so. Detailed information on how to change immigration status is available at:

www.irishimmigration.ie/registering-your-immigration-permission/changing-your-immigration-permission/

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

An Garda Síochána

Questions (579)

Jennifer Murnane O'Connor

Question:

579. Deputy Jennifer Murnane O'Connor asked the Minister for Justice further to Parliamentary Question No. 338 of 14 November 2023, if she has received this information from Garda authorities to have this PQ answered. [55364/23]

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Written answers

I understand that Parliamentary Question No. 338 of 14 November 2023 refers to the number of Gardaí, by rank, attached to Carlow-Kilkenny Garda Division Forensic Collision Investigation unit as of 7 November 2023; and the corresponding figures as of 31 March 2022.

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 900 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 by the Garda authorities that, for the years specified, the number of Garda members assigned to the Forensic Collision Investigation unit in the Kilkenny/Carlow Division is too low to report due to security reasons.

I am further advised that the Garda authorities are unable to provide a breakdown of these Garda members by rank as it could lead to the identification of the Garda members.

An Garda Síochána

Questions (580)

Jennifer Murnane O'Connor

Question:

580. Deputy Jennifer Murnane O'Connor asked the Minister for Justice when she expects the 17 new Garda public order unit vans to come into the fleet. [55365/23]

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Written answers

I am committed to supporting An Garda Síochána in their mission of keeping people safe. The unprecedented allocation of €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.

An additional €4.4 million was allocated for the purchase of 95 additional Garda cars and vans by the end of this year, including 17 public order Garda vans which will be deployed in our towns and cities across the country to provide further reassurance for people, businesses and communities. It also includes 38 new fully electric patrol cars and 40 unmarked surveillance cars. This is in addition to 10 community policing vans which are currently being prepared for deployment.

The Deputy will be aware that all Garda vehicles are purchased under contracts tendered by the Office of Government Procurement. Generally, An Garda Síochána draw down from Garda specification lots within these OGP contracts. I understand that a contract is currently in place through the Office of Government Procurement for the purchase of Garda Public Order Unit Vans up to 15 September 2024 with the option of a 6 month extension. The Deputy will appreciate, the purchase and allocation of vehicles is made on the basis of identified operational demands, the availability of resources and is reviewed on a continual basis.

The table below, shows the number of public order vans, attached to the Garda Fleet by Region as at end of November.

Region

As at 30 November 2023

Southern

5

North/West Region

3

Eastern Region

4

DMR Region

18

Total:

30

An Garda Síochána

Questions (581)

Pa Daly

Question:

581. Deputy Pa Daly asked the Minister for Justice the current number of gardaí serving in An Garda Síochána who are still within their two-year probation period as of 1 December 2023. [55391/23]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business under section 26 of the Garda Síochána Act 2005 (as amended). As Minister, I have no role in internal Garda human resources matters.

To be of assistance to the Deputy I have contacted the Garda authorities and have been advised that, as of 7 December, 575 Gardaí are within their two year probation period.

Garda trainees undergo Phase I of training in the Garda College, Templemore. Upon successful completion of Phase I, trainees are attested as members of An Garda Síochána and commence their probationary period (normally two-years from attestation) in accordance with the provisions of the Admissions and Appointments Regulations.

The probationary period provides a period for An Garda Síochána to assess the suitability of the Probationer Garda to perform the roles and functions of a Garda, prior to confirmation in their appointment as a Garda.

Following attestation, Probationer Gardaí complete Phase II and Phase III of the BA in Applied Policing Programme in the operational environment. The entire Foundation Training Programme is approximately two years and eight months in duration, and may be subject to extensions as deemed appropriate.

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