Written Answers Nos. 1003-1022
1003. Deputy Catherine Murphy asked the Minister for Justice if quality assurance and or compliance audits in respect of performance review ratings in the Irish Prison Service have been undertaken in the past ten years to date; and if same has been carried out in respect of data entered into the performance management system. [56457/23]
View answerI am advised by the Director General of the Irish Prison Service that the performance management and development system implemented by the Irish Prison Service is the centrally agreed system for the general Civil Service.
I can advise the Deputy that in 2020, the Internal Audit Unit of the Department of Justice conducted an overall assessment of the adequacy and effectiveness of internal financial controls in four prisons. The findings and recommendations of the Internal Audit Unit were published in July 2020 in a report titled “Assurance on the Internal Financial Controls in the Irish Prison Service Vote 21 2019”.
The performance management and development system (PMDS) in the Irish Prison Service formed part of this assessment and it was recommended that compliance of the PMDS across the service be reviewed.
Following a comprehensive review, the Irish Prison Service upgraded its Human Resources Management System to allow for an electronic performance management development system to be introduced. The process has been significantly streamlined and the first phase went live in November 2023. This improves reporting functionality to ensure compliance.
The Governor of each prison or unit is responsible for ensuring full compliance with the performance management and development system and in this regard the Irish Prison Service will continue to engage with all line-managers to support them in achieving full compliance. This is in line with the recently published Irish Prison Service Strategy 2023-2027, whereby the Irish Prison Service intends to implement a fair and consistent performance management process that aligns strategic goals to annual deliverables and effectively manages employee performance.
1004. Deputy Catherine Murphy asked the Minister for Justice the number of protected disclosures received by her Department in the past ten years to date in respect of the Irish Prison Service; the status of same; if external consultants have been engaged to review and or investigate protected disclosures; and if she will provide a schedule of protected disclosures that have been rejected and those that have been accepted over that time. [56458/23]
View answerAs the Deputy is aware, the purpose of the Protected Disclosures Act (the “Act”) 2014, as amended by the Protected Disclosures (Amendment) Act 2022, is to afford important protections to persons making protected disclosures. A protected disclosure, as set out in section 5 of the Act, is a disclosure of information which, in the reasonable belief of a worker, tends to show one or more relevant wrongdoings; came to the attention of the worker in a work-related context; and is disclosed in the manner prescribed in the Act.
The Act provides that protected disclosures can be made internally to the worker’s employer and also externally to persons other than their employer where certain conditions set out in the Act are met.
As the Deputy may be aware, the Irish Prison Service (IPS) introduced its own Protected Disclosures Policy in July 2018 and has mainly received protected disclosures directly from its employees since then. My Department has also transferred correspondence to the IPS, where appropriate, for consideration under its Protected Disclosures Policy. Expert external service providers are contracted, as required, by my Department to assess, investigate and review protected disclosures.
The table below provides details of correspondence relating to the IPS received and managed under the Department’s Protected Disclosures Policy from 2015 to 2022.
|
Year |
Correspondence assessed |
Correspondence transferred to the IPS for assessment/ investigation |
Protected Disclosures investigated by the Department |
Status at 31.12.23 |
Correspondence deemed not a Protected Disclosure and dealt with under other process, e.g. HR procedure etc |
|
2015 |
1 |
0 |
1 |
Closed |
0 |
|
2016 |
7 |
0 |
4 |
Closed |
3 |
|
2017 |
7 |
0 |
4 |
Closed |
3 |
|
2018 |
11 |
2 |
4 |
1 case ongoing |
5 |
|
2019 |
5 |
1 |
0 |
n/a |
4 |
|
2020 |
14 |
5 |
5 |
1 case ongoing |
4 |
|
2021 |
2 |
0 |
0 |
n/a |
2 |
|
2022 |
10 |
5 |
2 |
Closed |
3 |
As the Deputy is aware, the Protected Disclosures (Amendment) Act 2022 commenced operation on January 1, 2023. This new legislation includes significant changes to the operation of the legal framework for the protection of reporting persons and sets out new statutory obligations in relation to the management of protected disclosures.
My Department's Protected Disclosures Annual Report for 2023 will be published on the Department's website by March 31, 2024.
The Irish Prison Service Protected Disclosures Annual Reports from 2018 to 2022 can be found at: www.irishprisons.ie/?s=protected+disclosures.
1005. Deputy Catherine Murphy asked the Minister for Justice the status of a staff member (details supplied); if her attention has been drawn to their situation and her plans to provide assistance to them. [56459/23]
View answerI am advised by the Director General of the Irish Prison Service that the employee referred to by the Deputy is due to retire from the Irish Prison Service shortly on ill health grounds.
I am further advised that the Irish Prison Service has ensured the Officer has been offered, and has access to, all the staff support services available.
1006. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a visa application in the case of a person (details supplied); and if she will make a statement on the matter. [56466/23]
View answerThe person referred to by the Deputy created on-line Join Family (Non EEA Nat)(Spouse) visa application on 25 November 2022. The supporting documentation was received in the Dublin Visa Office on 17 December 2022 where it awaits further examination and processing.
As each application is examined under its own merits, it is not possible to give an exact time-frame for completion. However, the applicant can be assured that there will be no avoidable delay in finalising their application.
Applicants can keep up-to-date with the processing dates for the visa Office in Dublin by checking the following page; which is updated weekly;
www.irishimmigration.ie/visa-decisions/
The person referred to by the Deputy will be notified as soon as a decision has been reached by a visa officer.
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.
1007. Deputy Ged Nash asked the Minister for Justice the extent to which An Garda Síochána and the PSNI co-operate on joint training exercises and systems; if both police services are considering any alignment on training practices and courses; and if she will make a statement on the matter. [56471/23]
View answerAs the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for carrying out, managing and controlling generally the administration and business of An Garda Síochána, including training. As Minister, I have no direct role in these matters.
I am advised that the Garda College and and the Northern Ireland Police Training College have engaged in an instructor exchange programme as part of a Memorandum of Understanding which has allowed for the sharing of best practices in instruction and training courses.
I am further advised that An Garda Síochána is currently sharing practices in coaching and mentoring, however there are no plans to provide joint training on this subject. I am aware that the PSNI recently provided familiarisation training in the use of Water Cannon in Public Order Incidents.
I am informed that there are currently no immediate plans to engage in joint training exercises or systems with the PSNI, or to align training practices and courses. However, meetings between the two respective organisations are planned with respect to maximizing opportunities.
The Deputy may be aware that there is a protocol in place between the Commissioner of An Garda Síochána and the Chief Constable of the PSNI in respect of personnel exchanges for the further improvement of bilateral co-operation between their respective services. Whilst the purpose of exchanges may vary, is it recognised that they allow both organisations and individuals to develop their skills base. Each service provides a participant of equivalent Rank/Grade in so far is practicable for any mutual exchange. Participants will be assigned to a role, which is conducive to further enhancing links, and to the transfer of experience and expertise, including training. The period of any exchange will not exceed one year.
I understand that the PSNI/AGS Steering Group is scheduled to meet to explore secondments and shared learning and development opportunities for 2024.
1008. Deputy Sean Sherlock asked the Minister for Justice the status of a citizenship application for a person (details supplied); to account for the repeated requests for Garda vetting when the requests have been complied with and processing has been deemed completed; and to set out any other requirements that may be asked of the applicant in order to complete the overall citizenship application process. [56479/23]
View answerI am advised by the Citizenship Division of my Department that the vetting process has now concluded for this application. A request for further documentation was made to the person concerned on 14 December 2023. Once the Citizenship area of my Department has received these documents processing of the application can resume.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future.
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.
1009. Deputy Cathal Crowe asked the Minister for Justice if she, in conjunction with the Garda Commissioner, will revisit the current policing model (details supplied); and if she will make a statement on the matter. [56499/23]
View answerAs the Deputy will be aware, the Garda Commissioner is by law responsible for the distribution of Garda personnel and resources between the different Garda Divisions. As Minister, I have no role in these operational matters.
I can advise the Deputy that the new Garda Operating Model reflects and addresses the challenges of modern day policing by enabling specialisation in the delivery of key services and freeing up more Gardaí to focus on front line policing.
It will particularly enhance the investigation of crime through the delivery of a greater range of specialised services in local areas such as the investigation of sexual crime, domestic violence, cyber-crime, and economic crime.
The development and introduction of the Operating Model was a recommendation by both the Garda Inspectorate and the Commission on the Future of Policing in Ireland (CoFPI) and is a key element of delivering its implementation plan, ‘A Policing Service for the Future’.
The Operating Model introduces major changes to the structures of An Garda Síochána ensuring more front-line Gardaí, increased Garda visibility, and a wider range of policing services for people in their local area.
I am informed that An Garda Síochána's rollout of the Model is progressing well, with 10 of 21 divisions now fully functioning under the Operating Model, which includes the Clare/Tipperary Division.
The model, coupled with some realignment of responsibilities, will help to deliver a consistent, community-focused policing service. I believe that most people would agree that community policing has been at the heart of An Garda Síochána since its founding over 100 years ago, and I can assure you that the Government is committed to maintaining that tradition, so that all communities feel safe and are safe.
Over the last four Budgets I have been focused on constantly ramping up funding to provide the equipment, uniform, vehicles and technology Gardaí require to support their vital role of keeping communities safe.
The Deputy may also be interested to know that as of 30 November 2023 the new Clare/Tipperary Division has 674 Garda members of all ranks assigned.
1010. Deputy John Lahart asked the Minister for Justice how a person can apply for the position of adjudicator on the Refugee Appeals Tribunal. [56513/23]
View answerThe International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.
The Tribunal consists of a Chairperson, two Deputy Chairpersons, and such number of ordinary members appointed on either a whole-time or part-time capacity as the Minister for Justice, with the consent of the Minister for Public Expenditure, NDP Delivery & Reform, considers necessary for the expeditious dispatch of the business of the Tribunal.
All Tribunal members are either barristers or solicitors with a minimum of five years’ professional experience, and are appointed by the Minister for Justice following selection by the Public Appointments Service. The Deputy may wish to note that such a competition is currently underway with a closing date of 18 January. Details can be found on the Public Appointments Service website - publicjobs.ie.
1011. Deputy Pa Daly asked the Minister for Justice the number of people from a country designated as a safe country; the number of people from all other countries, respectively, who have been the subject of a deportation order in each of the past ten years; the number of deportation orders carried out; and a breakdown of the primary reasons the remainder of deportation orders were not carried out, in tabular from. [56546/23]
View answer1012. Deputy Pa Daly asked the Minister for Justice the total number of un-effected deportation orders currently. [56547/23]
View answer1013. Deputy Pa Daly asked the Minister for Justice the cumulative total number of un-effected deportation orders issued over the past five years. [56548/23]
View answer1144. Deputy Pa Daly asked the Minister for Justice for a breakdown of the number of people in 2023 who were issued with a deportation order that was not effected but have been confirmed to have left the country, in tabular form. [1835/24]
View answerI propose to take Questions Nos. 1011, 1012, 1013 and 1144 together.
Deportation and removal processes are an essential part of any immigration system. In the past 10 years 10,746 Deportation Orders were issued, this includes people who made unsuccessful applications for international protection and people who entered the country illegally or who may have overstayed after a visa was issued.
The primary reason why forced deportations were not required in a number of cases is that people leave the State without informing the Department and by their nature the details of such departures are not available. There also may be a change in circumstances for the person which leads to the deportation order being revoked and permission granted, for example where there have been significant changes in the family circumstances of the person in question. In other cases there are legal challenges which prevent or lengthen the deportation process or the person may evade deportation.
The below table outlines the number of deportation orders, the numbers revoked and the numbers deported*.
|
Year |
Deportation Orders Issued |
Deported |
Revoked |
|
2013 |
1172 |
199 |
308 |
|
2014 |
958 |
111 |
353 |
|
2015 |
817 |
250 |
482 |
|
2016 |
1438 |
428 |
360 |
|
2017 |
1113 |
138 |
165 |
|
2018 |
1112 |
163 |
319 |
|
2019 |
2007 |
298 |
346 |
|
2020 |
872 |
140 |
302 |
|
2021 |
29 |
38 |
231 |
|
2022 |
271 |
118 |
582 |
|
2023 |
957 |
80 |
414 |
|
Overall total |
10746 |
1963 |
3862 |
* These figures are correct at time of issue, however, statistics may change due to data cleansing. Orders revoked in any year include orders made over previous years.
Insofar as safe countries of origin are concerned, on foot of the introduction of accelerated processing for countries so designated in November 2022, 160 deportation orders were issued in 2023 under this procedure.
1014. Deputy Pa Daly asked the Minister for Justice how many of those residing in direct provision currently have deportation orders issued against them. [56550/23]
View answerMy Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
The 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.
The Garda National Immigration Bureau (GNIB) is responsible for carrying out of such deportations. However, 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. However, the Garda National Immigration Bureau has reviewed a large sample of the cases from last year who were subject to deportation orders. Their inquiries suggest a very significant number of these individuals have left the State.
A total of 857 deportation orders were made in 2023.
As my Department is not responsible for the management of persons residing in international protection accommodation, the number of individuals who were issued deportation orders but remain in such accommodation is not currently formally collated by my Department. There is, however, very close engagement between my Department, the International Protection Accommodation Service of DCEDIY and An Garda Síochána to support the effecting of removals, and in the context of that work I am informed that the current figure is understood to be fewer than 200. This includes persons who are pursuing legal challenges to their removal or some further review of their status is underway, as well as persons whose removal is logistically complex.
1015. Deputy Pádraig O'Sullivan asked the Minister for Justice when a citizenship application for a person (details supplied) will be processed; and if she will make a statement on the matter. [56574/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future.
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.
1016. Deputy Eoin Ó Broin asked the Minister for Justice the number of applications for refugee status and international protection refused each year from 2015 to 2023, in tabular form; and the number of these refusals overturned on appeal; and if she will make a statement on the matter. [56584/23]
View answerMy Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
The International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO are independent by law in the exercise of their international protection functions.
I am taking a number of steps to improve how our International Protection system works. In increasing capacity and speeding up decision making, we can ensure that those who have a right to international protection are given that status as quickly as possible. For those who are found not to have a right to international protection, they must return to their home country as quickly as possible.
The steps I have taken to improve the process includes the doubling of the number of staff in the IPO and providing another significant increase this year (200 to 400 in 2023). The IPO is now processing 1,000 cases per month – and this will increase further this year.
I introduced accelerated processing for people coming from safe countries with the first decisions now made within 90 days – down from 17-24 months in 2022. A review of the list of safe countries of origin is almost complete and I expect to make a decision on this in the coming weeks.
In July of 2023, 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.
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 IPO First Instance Decisions issued from 2017 to 2023 indicating where appeals are possible. In 2023, 62% of international protection applications were refused by the IPO.
Please note that although the Deputy has asked for figures from 2015 onwards, statistics pre-2017 are not readily available in the manner sought, as data would have to be extracted from a number of legacy systems. With the introduction of the International Protection Act in 2016 and the creation of the International Protection Office, a new database allows for easier collation of data in more recent years therefore we have provided figures from 2017 onwards only.
IPO First Instance Decisions 2017 to 2023:
|
Decision |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Decision |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Refugee Status (RS) Grant |
672 |
679 |
708 |
439 |
859 |
1390 |
2477 |
|
Subsidiary Protection (SP) Grant (RS Refusal)* |
84 |
203 |
140 |
83 |
75 |
70 |
237 |
|
Permission to Remain (PTR) Grant (RS and SP Refusal)* |
65 |
202 |
268 |
202 |
588 |
2076 |
531 |
|
Refusal (RS, SP and PTR Refusal)* |
970 |
1784 |
2093 |
1433 |
781 |
871 |
5197 |
|
Grand Total** |
1791 |
2868 |
3209 |
2157 |
2303 |
4407 |
8442 |
*Refusal of any RS and SP elements at first instance can be appealed to the IPAT
**Figures are correct at time of issue and may be subject to data cleansing
The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.
The table below show the number of appeals that IPAT (or it's predecessor the Refugee Appeal Tribunal) set aside or granted each year from 2015 to 2023*. In 2023, 90% of appeals from the IPO were refused by IPAT.
|
IP Appeals |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
IP Appeals |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Total Granted / Set aside |
224 |
305 |
76 |
311 |
503 |
299 |
380 |
489 |
430 |
|
Total Appeals Received |
1305 |
2020 |
886 |
1973 |
1895 |
1201 |
740 |
1158 |
4412 |
*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 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/
1017. Deputy Ged Nash asked the Minister for Justice further to Parliamentary Question No. 430 of 26 September 2023, to provide an update on the matter following this Deputy’s subsequent letter on this urgent issue to her Department (details supplied); and if she will make a statement on the matter. [56591/23]
View answer1122. Deputy Ged Nash asked the Minister for Justice when a response will issue to written correspondence to her office on 27 November 2023 from the office of this Deputy (details supplied); and if she will make a statement on the matter. [1638/24]
View answerI propose to take Questions Nos. 1017 and 1122 together.
I can confirm that the application for a Stamp 4 immigration permission from the person referred to by the Deputy was approved on 21 February 2023. The Domestic Residence and Permissions Division of my Department reissued the grant letter to the applicant on 21 September 2023. The person concerned holds a Stamp 4 immigration permission valid until 20 February 2024.
If the person concerned wishes to renew their permission at the end of this period, they should attend at their local Immigration Registration Office, along with their partner.
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 cases where the response is, in the Deputy's view, inadequate or too long awaited.
1018. Deputy James Lawless asked the Minister for Justice if a delayed visa (details supplied) will be urgently assessed; and if she will make a statement on the matter. [56609/23]
View answerI am pleased to inform the Deputy that visa application referred to was granted on 13 December 2023 and the visa sticker issued on 15 December 2023.
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.
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.
1019. Deputy Patrick Costello asked the Minister for Justice the number of hate crime and hate incident reports to gardaí broken down, by month for the past 24 months. [56617/23]
View answerThe Government is fully committed to the fight against racism, prejudice and bigotry, and strongly condemns the actions of those who abuse and attack others because of their own prejudices against a person’s religion, ethnic origins, sexual orientation or any other part of their identity as a human being. Ireland is a diverse and tolerant country, and such behaviour is not acceptable.
There are no specific hate offences currently on the statute book. At present, an offence with a hate motive is prosecuted as an ordinary offence and the hate element may be taken into account by a Court at sentencing. An Garda Síochána record any hate motive during the investigation of an offence or incident.
I am advised by the Garda authorities that in October 2020, a new approach to the recording of hate related discriminatory motives was introduced by An Garda Síochána. Since then, it is possible to record a hate discriminatory motive on both crime and non-crime incidents on PULSE. The hate discriminatory motives are recorded on any incidents which are perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender (including gender identity). The calendar year 2021 was the first under the new recording approach for all these hate related incidents.
Hate Crime annual statistics for 2022 and 2021 are available at this location.
www.garda.ie/en/information-centre/statistics/
I am further advised that hate crime statistics for 2023 are currently being collated.
The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will create new hate crime offences for the first time in Ireland.
The Bill creates new hate offences as aggravated forms of existing offences, for example: “assault aggravated by hatred”. This will allow a court to impose a sentence that recognises the hate component of an offence where it is motivated by hatred or where hatred is demonstrated during the commission of the offence. This will also provide a clearer statutory basis for the recording of hate offences.
My colleague, the Minister for Children, Equality, Disability, Integration and Youth earlier this year also fulfilled the Government commitment to publish a National Action Plan against Racism.
Other actions to tackle racism, prejudice and intolerance in the Programme for Government include the Migrant Integration Strategy and the National LGBTI+ Strategy.
I would encourage anyone who has been a victim or has witnessed any hate motivated crime to report it to An Garda Síochána for investigation.
1020. Deputy Patrick Costello asked the Minister for Justice the number of charges and convictions under section 5 of the Protections for Persons Reporting Child Abuse Act 1998 in the past ten years. [56618/23]
View answerSection 3 of the Protections for Persons Reporting Child Abuse Act 1998 provides protection from civil litigation for a person who, acting reasonably and in good faith, reports or communicates that there are reasonable grounds for believing that a child is a victim of abuse or neglect or that a child's health, development or welfare is at risk. It should be specifically noted that the phraseology of this section reflects similar provisions in the Child Care Act, 1991 which provide the present statutory basis for the making of care orders and supervision orders under that Act.
The protection from civil litigation for a reporter of child abuse or neglect under the section specifically applies to those who "in good faith" make such report to an "appropriate authority" or to an "appropriate person".
The good faith requirement directly derives from the recommendation of the Law Reform Commission on this issue which was intended to ensure that the legislation it recommended did not provide immunity from civil liability to those who made malicious and vexatious allegations of child abuse for which there were no reasonable grounds.
It is important that such legislation does not provide a licence to make knowingly false allegations of abuse and the technical phraseology of the section is designed to ensure no such difficulty can arise.
Section 5 provides for an offence where false statements are knowingly made.
For an offence to be proven, it would be necessary to show that the person who made the report knew it to be false. For summary proceedings, it would also be necessary to commence the proceedings within two years of the offence being committed or within two years of evidence of the offence coming to light.
As the Deputy will be aware, records of charges under any given legislation are a matter for An Garda Síochána.
To be of assistance, I contacted An Garda Síochána who conducted a search of the PULSE database for any charge or summons created over the past 10 years which referenced the legislation in question, and none were identified.
1021. Deputy Ged Nash asked the Minister for Justice when she expects the Gambling Regulation Bill 2022 to be signed into law; and if she will make a statement on the matter. [56687/23]
View answerThe Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective.
The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.
The Government approved publication of the General Scheme of the Bill in October 2021. In May 2022, the Committee published its report of its pre-legislative scrutiny of the General Scheme of the Bill. The Bill was approved for publication in November 2022, completed Second Stage in Dáil Éireann in December 2022 and Committee Stage in Dáil Éireann on 11 July 2023.
While the scheduling of Oireachtas business is a matter for the Houses of the Oireachtas, I am hopeful that the Bill will be enacted in the coming months.
1022. Deputy Ivana Bacik asked the Minister for Justice the number of instances in 2021, 2022 and to-date in 2023 in which bombs, grenades or improvised explosive devices have been used; and the number of occasions in that period when An Garda Síochána sought the assistance of the Army ordnance unit to manage such devices. [56708/23]
View answerAs 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 operational policing. As Minister, I have no role in such matters.
However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that An Garda Síochána do not have a structured incident type on the PULSE system for the incidents referred to by the Deputy. As such, it is not possible to provide figures for these incidents in the manner requested.
In relation to the number of occasions in 2021, 2022, and 2023 where the assistance of the Defence Forces Explosive Ordnance Disposal (EOD) was requested, I am informed, following consultation with the Department of the Defence, that the number of EOD operational taskings were as follows:
76 during 2021
61 during 2022
74 during 2023
The operations of the Defence Forces are of course a matter for my colleague the Minister for Defence, and as Minister for Justice I have no role in these matters.
