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Thursday, 18 Jan 2024

Written Answers Nos. 252-261

Departmental Data

Questions (253)

Ivana Bacik

Question:

253. Deputy Ivana Bacik asked the Minister for Justice the number of deaths in custody in 2023. [2242/24]

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Written answers

As the Deputy may be aware, all deaths in custody are notified to An Garda Síochána, who investigate where circumstances warrant, in addition to the inquest held in the Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Coroner's Court. 

The Deputy may also be aware that all deaths in custody and deaths that occur within one month of temporary release, are also subject to an independent investigation by the Inspector of Prisons. 

Following this investigation, the Inspector of Prisons Office makes recommendations for improvement where appropriate. These recommendations are forwarded to the Prison Service for their attention and the final report is submitted to the Minister for Justice. Finalised reports and any associated Prison Service Action Plan to address recommendations are published in an anonymised form on the Gov.ie website and made available to the Coroner.

Further, the Irish Prison Service has a robust, internal review mechanism which assesses the circumstances of a death in custody, highlights accountability and actions taken in relation to the incident, and outlines lessons learned. This outcome review is reported to the Irish Prison Service National Suicide and Harm Prevention Steering Group, which is chaired by the Director of Care and Rehabilitation.

The circumstances of each death in custody and incident of self-harm are also examined by a suicide prevention group in each institution. The groups are chaired by the Prison Governor and include representatives from the various services including; Prison Doctor, Psychiatry, Psychology, Chaplaincy, Probation, Education, and Prison staff. The Groups are required to meet quarterly, or more often if necessary. Their examinations cover the background and circumstances of each death and their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths and incidents of self harm in the future.

I can advise the Deputy that the information relating to the number of prisoners who died in the State in 2023 is provided in Table 1 below and I would like to express my sympathies to the family and friends of each of those individuals.

Table 1: Total Deaths in custody in 2023 inclusive that took place while the prisoner was in Prison, outside the prison on Temporary Release, on Renewable Temporary Release, Full Temporary Release or Unlawfully at Large:

Year

In Prison

Temporary Release

Unlawfully at large

Annual Total

2023

12

10

2

24

Departmental Data

Questions (254)

Carol Nolan

Question:

254. Deputy Carol Nolan asked the Minister for Justice the number of unsolved homicides in Ireland from 1995 to date; to give a breakdown, by gender, of the victims for each year; and if she will make a statement on the matter. [2245/24]

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Written answers

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

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 254 of 18 January 2024 where you sought: “To ask the Minister for Justice the number of unsolved homicides in Ireland from 1995 to date; to give a breakdown, by gender, of the victims for each year; and if she will make a statement on the matter.”
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.
As you will appreciate the manner in which all Garda investigations are conducted, including unsolved murders, and how resources are deployed are matters for the Garda Commissioner and his management team. As Minister, I have no role in this regard.
The Garda authorities advise that the work of the Homicide Investigation Review Team (HIRT) remains on-going. I am further advised that the information requested is not readily available and would require a disproportionate amount of Garda time and resources to compile. I also understand that there is no gender analysis available for undetected homicides specifically.
As you may be are aware the Central Statistics Office (CSO), as the national statistical agency is responsible for the compilation and publication of all crime statistics and produces statistics using data recorded on An Garda Síochána’s PULSE system.
As you may also be aware, 2016 – 2022 statistics regarding victims of Homicide (and other offences, including the sex of the victim) are available from the CSO here: https://data.cso.ie/table/CVA03
The Domestic, Sexual and Gender Based Violence report published in September 2022 also provides similar and further data, see page 16 onwards (page 17 provides a gender breakdown), available here:
www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/an-garda-siochana-domestic-sexual-and-gender-based-violence-report-sept-22.pdf
I trust this information is of assistance.

Departmental Data

Questions (255)

Carol Nolan

Question:

255. Deputy Carol Nolan asked the Minister for Justice the total number of bail applications which have been made before the courts in each year from 2010 to date; how many applications were granted or rejected; and if she will make a statement on the matter. [2246/24]

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Written answers

As the Deputy may be aware, restriction of a person’s liberty prior to trial is a very serious matter, given the Constitutional presumption that a person is considered innocent until proven guilty.

While the State’s bail laws provide for the refusal of bail in certain circumstances, judges are independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the judge concerned based on the available facts.

The Bail Act 1997, which followed a 1996 referendum on the matter, enables courts to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the State’s bail laws have been further strengthened, specifically by the Criminal Justice Act 2007, the Criminal Justice (Burglary of Dwellings) Act 2015, and the Criminal Justice Act 2017.

In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant, and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail. The 2017 Act further provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. 

The Deputy may be aware that Zero Tolerance, the Third National Strategy on Domestic Sexual and Gender Based Violence, commits to establish a review cycle to identify outstanding and emerging further reforms required to law, practice and procedure outside of supporting the victim/survivor (with attention to the voices of adult and child survivors). As part of this work, consideration will be given to provisions governing bail where there has been a suspected breach of a barring order and where there is a history of violence.

As bail applications are made directly to the court and judges then make a decision whether or not to grant bail in a particular case, the information sought by the Deputy is not held by my Department. 

As the Deputy will be aware, the 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 , but to be of assistance I have referred the question to the Courts Service for direct response to the Deputy.

Visa Agreements

Questions (256)

Seán Canney

Question:

256. Deputy Seán Canney asked the Minister for Justice if Colombian citizens can visit Ireland without a visa; and if she will make a statement on the matter. [2255/24]

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Written answers

I can advise the Deputy that Colombian nationals are visa required and must have a valid Irish entry visa before they seek to enter the State.  I do not envisage any change to this requirement in the short-term but the situation is kept under review. 

In support of the visa application process in Colombia the Department recently opened a Visa Application Centre (VAC) in Bogotá. The VAC service, which is provided by VFS Global, makes it more efficient and easier for visitors from abroad to submit their visa applications for travel to Ireland. 

It is important to state that the services provided by VFS Global do not extend to making decisions on visa applications; such decisions are the sole remit of either the staff of my Department or the Department of Foreign Affairs.

It should be pointed out that the multi-entry visa option for up to 5 years for all visa required countries has been extended. These measures should assist in timely processing of visa applications and a more flexible visa package for Colombian citizens visiting Ireland.

As with all visa services worldwide, the central concern in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time not placing unnecessary or unreasonable obstacles in the way of intending visitors.

Any visa required national that wishes to enter the State, and remain, for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa.

Any person that wishes to make an application for a visa must do so online at: www.visas.inis.gov.ie/avats/OnlineHome.aspx.

 

Posthumous Pardons

Questions (257)

Brendan Griffin

Question:

257. Deputy Brendan Griffin asked the Minister for Justice the up-to-date position regarding the possible posthumous pardoning in the historic cases of Poff and Barrett in County Kerry; if the process has stalled at the current stage; if so, if there is a reason for the delay; and if she will make a statement on the matter. [2265/24]

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Written answers

As the Deputy will be aware, a detailed application for posthumous Presidential pardons for the two individuals referenced by the Deputy was submitted by the Castleisland District Heritage incorporating the Michael O’Donohue Memorial Project in December 2021. 

An internal review within the Department with regard to the application has been completed and an independent expert in trial law was engaged to further examine and review the case of the two individuals in question. This independent expert review of the case has been completed and is now under consideration and a decision on how best to proceed will be taken in the coming period.

An Garda Síochána

Questions (258)

Aodhán Ó Ríordáin

Question:

258. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the final numbers for recruitment, resignations and retirements in An Garda Síochána for 2023. [2283/24]

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Written answers

The Government is committed to providing An Garda Síochána with the resources it needs to ensure communities around Ireland are safe and feel safe.

This is reflected in the allocation of over €2.3 billion in 2024 to An Garda Síochána, which represents more than a 20% increase since 2020. This funding is allowing for the continued recruitment of Garda members and staff. 

There has also been a significant increase in the training allowance paid to trainees to €305 per week, and the maximum age of recruitment has been increased from 35 to 50.

The Government 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.

Recruitment into An Garda Síochána has accelerated following the forced closure of the Garda College . While there were 319 retirements and 169 resignations in 2023, 746 trainees entered Templemore last year. This is the highest intake into Templemore since 2018. A new Garda recruitment competition launched this week and will help ensure a steady pipeline on recruits entering Templemore in the near future. 

The total intake for 2023 represents a six-fold increase on 2022’s intake of 116.

As the Deputy will be aware, the maximum recruitment age for Gardaí has been increased to 50 and I hope to be in a position to increase the retirement age in the coming months. 

Immigration Status

Questions (259)

Bernard Durkan

Question:

259. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 194 of 16 November 2023, for an update on the application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [2305/24]

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Written answers

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department. A request for further documentation was made to the person concerned on 17 January 2024. Once the Citizenship division 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.

Immigration Status

Questions (260)

Bernard Durkan

Question:

260. Deputy Bernard J. Durkan asked the Minister for Justice to indicate if she will review the refusal to allow further consideration of the admission under the regularisation of long term undocumented migrant scheme for a person (details supplied); if the case can be considered under a different heading given the satisfactory work record; and if she will make a statement on the matter. [2306/24]

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Written answers

An application under the Regularisation of Long Term Undocumented Migrants Scheme by the person referred to by the Deputy was refused on 27 February 2023. 

An appeal of this decision was also refused on 25 September 2023. 

In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made. These cases are amongst many to be considered at present and, as such, it is not possible to provide a specific indication as to when the cases will be finalised.

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.

Immigration Status

Questions (261)

Bernard Durkan

Question:

261. Deputy Bernard J. Durkan asked the Minister for Justice to indicate if she will review the refusal to allow further consideration of the admission under the regularisation of long term undocumented migrant scheme for a person (details supplied); and if she will make a statement on the matter. [2307/24]

View answer

Written answers

An application under the Regularisation of Long Term Undocumented Migrants Scheme by the person referred to by the Deputy was refused on 27 February 2023. 

An appeal of this decision was also refused on 25 September 2023. 

In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made. These cases are amongst many to be considered at present and, as such, it is not possible to provide a specific indication as to when the cases will be finalised.

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.  

 

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