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Tuesday, 23 Jan 2024

Written Answers Nos. 419-430

Legal Services Regulation

Questions (419)

Michael Creed

Question:

419. Deputy Michael Creed asked the Minister for Justice the steps she will take to address the cost of litigation through the Irish courts; if she accepts that this cost is denying many access to justice; if she will introduce legislation to allow for third party litigation; and if she will make a statement on the matter. [2409/24]

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Written answers

I wish to advise the Deputy that the Government is committed to facilitating easier, speedier access to justice for businesses and individuals, part of which involves addressing the issue of costs associated with accessing the legal system.

The Report of the Review of the Administration of Civil Justice (known as the Peter Kelly Report) made over 90 recommendations, which, when implemented, will represent the most significant reform to civil law in the history of the State.

Arising from the Review report, I published the Civil Justice Efficiencies and Reform Measures plan in May 2022. The plan sets out how we will achieve these ambitious reforms, with the goal of facilitating easier, cheaper and quicker access to civil justice.

One area on which the Review Group was not able to reach consensus was on the primary measures necessary to reduce legal costs in Ireland. Two options were put forward: the first a set of non-binding guidelines; the second a table of maximum costs, to be set by an independent committee.

To progress this, one action in the Plan is to undertake research on the two primary options put forward by the Review Group. To this end, my Department commissioned economic consultants to evaluate these two options, as well as identifying other potential options which may serve the same policy objective. This work uses a multi-criteria analysis methodology to assess the impact of the options proposed by the Review Group, as well as other options identified in the research. Underpinning this research has been a stakeholder survey. The work also incorporates existing data on legal costs arising from the National Claims Information Database, as well as from the Office of the Legal Costs Adjudicator

The Department has recently received the final report and expects to publish it shortly. The report’s findings are being examined and will inform the development of policy options to reduce litigation costs, for business, individuals and the State. Development of any measures to reduce costs will also need to be cognisant of their potential impact on competition, transparency, quality of services, maintaining access to justice and improving the efficiency and effectiveness of the legal system.

It is important to note that the Civil Justice Efficiencies and Reform Measures plan identifies a number of measures which have the aim of reducing legal costs, recognising that no one singular action will have the effect of sufficiently addressing the issue on its own.

Regarding third-party funding, as the Deputy may be aware, third-party funding of litigation is currently illegal in this jurisdiction.

Aspects of litigation funding are also considered to be contrary to public policy. In particular, litigation funding may drive a market in legal claims and promote litigation for the benefit of the promoter rather than the litigant. This, in turn, may create a substantial injustice to a defendant in an action.

The Kelly Review Group recommended that a policy review of third party funding of litigation costs, be undertaken. The Review Group considered that the weighing of the policy considerations should however wait until the more detailed examination of the matter is undertaken by the Law Reform Commission. I understand that the Law Reform Commission issued a consultation paper on third party funding last year with a submission deadline of 15 December 2023.

My Department will consider the report of the Law Reform Commission when it is published.

Prison Service

Questions (420)

Kathleen Funchion

Question:

420. Deputy Kathleen Funchion asked the Minister for Justice the number of physical family visits to prisons that took place in 2023, by the number of visits per prison and the number of visits with a child present, in tabular form; and if she will make a statement on the matter. [2433/24]

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Written answers

The Irish Prison Service endeavours to assist prisoners to maintain relationships with their families. This is a core value underpinning their work.

In addition, the Irish Prison Service provides family-friendly training to ‘front of house’ staff, which aims to improve staff awareness of the effects of imprisonment on families and allows staff to appropriately support families and children visiting prisons.

The Service is acutely aware of the need for prisoners to maintain contact with their families and in that regard a video visit system was introduced which allowed families to continue to support those in custody during the pandemic.

The feedback on video visits from both families and prisoners has also been positive as it allows families to continue to support prisoners without having to make sometimes long journeys to the prison. When physical visits were reintroduced it was decided to continue to provide the video visit facility as it had proved to be a very successful initiative and the majority of those in custody are opting for some video visits over physical visits.

In 2023, there was in excess of 41,000 family video visits that took place.

The Deputy will wish to know, the Irish Prison Service recently advertised for the position of a National Family Connections Officer and an appointment will happen in the coming weeks. This role will identify and maximise opportunities for positive parent-child engagement within the limitations of a custodial setting.

Column A in Table 1 below provides information on the total number of visits to each prison in 2023 (as opposed to the total number of people who visited the prison). Column B provides the actual number of children (people under the age of 18) who visited each prison in 2023.

I have been informed by officials in the Irish Prison Service that it is not possible to say how many of the visits to each prison in 2023 had children among the visiting party. To get that specific information would require a physical examination of records which would take an inordinate amount of time and resources.

Table 1

Prison

A: Number of Visits

B: Number of Child Visitors

Arbour Hill

4,170

542

Castlerea

7,263

2,220

Cloverhill

14,871

1,243

Cork

8,256

2,045

Limerick

7,998

2,467

Loughan House

3,102

2,111

Midlands

23,135

5,432

Mountjoy (Female)

6,618

750

Mountjoy (Male)

19,651

9,853

Portlaoise

5,832

2,685

Shelton Abbey

3,300

1,878

Training Unit

2,178

187

Wheatfield Prison

15,028

6,594

Total

121,402

38,007

Asylum Seekers

Questions (421)

Brendan Howlin

Question:

421. Deputy Brendan Howlin asked the Minister for Justice the supports available to enable international protection applicants, long-time resident in direct provision centres, to undertake courses of study to acquire skills that will be useful to enable them to find employment if their applications are approved; and if she will make a statement on the matter. [2440/24]

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Written answers

As the Deputy will be aware, overall responsibility for third level education in the State and for the operation of the apprenticeship system lies with the Department of Further and Higher Education, Research, Innovation and Science (DFHERIS).

I can, however, advise the Deputy that International protection applicants can access third level education with the assistance of the International Protection Student Scheme while they await a final decision on their application. DFHERIS has overall responsibility for the operation of the Scheme and the Scheme is administered by Student Universal Support Ireland (SUSI) on their behalf.

Naturalisation Applications

Questions (422)

Bernard Durkan

Question:

422. Deputy Bernard J. Durkan asked the Minister for Justice the current and expected position in relation to his application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [2447/24]

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Written answers

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

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.

An Garda Síochána

Questions (423)

Alan Kelly

Question:

423. Deputy Alan Kelly asked the Minister for Justice the number of vetting applications processed by the Garda National Vetting Bureau in 2023. [2482/24]

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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 Garda business.

Under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, the Garda National Vetting Bureau (GNVB) is responsible for the Garda vetting system, and the processing of individual applications. As Minister, I have no role in the operation of the vetting system and related matters.

However, to be of assistance I sought the information requested by the Deputy from the Garda authorities and have been informed that GNVB processed 588,690 vetting applications in 2023.

Departmental Data

Questions (424)

Alan Kelly

Question:

424. Deputy Alan Kelly asked the Minister for Justice further to Parliamentary Question No. 559 of 12 December 2023, if she has received the necessary information from the Garda authorities to have this PQ answered. [2483/24]

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Written answers

I understand that Parliamentary Question No. 559 of the 12 December 2023 refers to the number of houses and caravans that were seized by the Criminal Assets Bureau and are still under the remit of the CAB as of 5 December 2023.

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.

Under the Criminal Assets Bureau Act 1996, the Chief Bureau Officer is responsible for the management and control of the administration and business of the Criminal Assets Bureau, including the staffing of the Bureau. Under the Act, the Chief Bureau Officer is responsible to the Commissioner of An Garda Síochána for these functions. As Minister for Justice, I have no direct role in these functions.

I have been advised by the Garda authorities that the number of properties (houses) seized by the Criminal Assets Bureau that remained in the possession of the Bureau Receiver as of 5 December 2023 is 27.

I am further advised that under section 7 of the Money Laundering Act in July 2020, CAB seized 3 mobile homes (caravans) as part of their investigations. I am advised that the outcome of the investigations is yet to be determined.

An Garda Síochána

Questions (425)

Alan Kelly

Question:

425. Deputy Alan Kelly asked the Minister for Justice the number of vehicles reported stolen to gardaí within the Tipperary division in 2023. [2484/24]

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Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business. This includes the management of the Garda PULSE system and the recording of incidents. As Minister, I have no role in these independent functions.

To be of assistance to the Deputy I have contacted the Garda authorities and have been informed that for 2023, there were 104 vehicles reported stolen in Tipperary Division.

Information supplied is operational and subject to change and is correct as of 18 January 2024.

An Garda Síochána

Questions (426)

Jim O'Callaghan

Question:

426. Deputy Jim O'Callaghan asked the Minister for Justice if she will report on Garda Operation Táirge; the number of persons arrested and charged under this operation; if this operation is still active; and if she will make a statement on the matter. [2498/24]

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Written answers

As the Deputy may be aware, Operation TÁIRGE is an active operation, launched on 11 December 2023 by Assistant Commissioner Paula Hillman at Water Scott House, with the attendance of myself, Minister of State for Business, Employment and Retail, Neale Richmond T.D. and Mr. Arnold Dillon, Director of Retail Ireland.

Operation TÁIRGE is part of An Garda Síochána’s Crime Prevention and Reduction Strategy. This Strategy aims to reduce the detrimental impact retail crime and criminals can have on retail businesses, and also seeks to support operational activity aimed at detecting and preventing retail theft.

Under Operation TÁIRGE, An Garda Síochána are working on reducing organised retail crime (ORC) by:

- Using an intelligence-led approach to identify criminals engaging in retail crime.

- Disrupting the most prolific groups in operation through the use of organised crime and proceeds of crime legislation.

- Working with retailers to strengthen their security and prevent them from becoming victims of this criminality.

- Supporting those working in retail to report a crime.

- Identifying and targeting the areas where organised retail crime black markets operate, and their leadership.

- Working with high risk retailers to enhance prevention, investigation and prosecution.

- Deterring people from becoming involved in organised retail crime by raising awareness of the consequences of committing such offences.

I am advised by the Garda authorities that as this Operation is still in its early stages, the collation of data is underway, but is not sufficiently advanced or quality assured to enable it to be shared at this time.

An Garda Síochána

Questions (427)

Jim O'Callaghan

Question:

427. Deputy Jim O'Callaghan asked the Minister for Justice the number of gardaí in each division who are trained in drone legislation, in tabular form; and if she will make a statement on the matter. [2499/24]

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Written answers

As you are aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána, including training and HR matters. As Minister, I have no direct role in these matters.

The Garda Air Support Unit is a national resource based at Casement Aerodrome, Baldonnel, Co. Dublin and is under the direction and control of Assistant Commissioner, Organised and Serious Crime and the operational control of Detective Chief Superintendent, Operational Support Services. The unit provides a 24 hour proactive and reactive service in support of operational Gardaí on the ground and specialist units. 10 members attached to the Garda Air Support Unit (GASU) have received formal training in Drone Operations and the relevant Regulations regarding drone flights.

The Garda Air Support Unit (GASU) is currently continuing trials with a number of Unmanned Aircraft Systems (Drones) and there is an internal working group tasked with examining the wider potential and scope to use drones to assist in various policing operations. The working group is chaired by Superintendent, Operational Support Services under the direction of Assistant Commissioner, Organised and Serious Crime.

An Garda Síochána

Questions (428)

Jim O'Callaghan

Question:

428. Deputy Jim O'Callaghan asked the Minister for Justice the date of her last meeting with the Chief Superintendent of the DMR North division; and if she will make a statement on the matter. [2500/24]

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Written answers

As the Deputy will be aware the Garda Commissioner is responsible for the management and administration of An Garda Síochána and is accountable to me under the Garda Síochána Act 2005. While I have met many Chief Superintendents since my appointment as Minister, I have not had the opportunity to meet the Chief Superintendent DMR North, as yet.

I can, however, assure the Deputy that I am in regular contact with the Garda Commissioner to ensure An Garda Síochána have the resources they need to make sure that the people of Ireland are safe and feel safe. Our commitment to supporting An Garda Síochána is reflected in the unprecedented allocation of over €2.3 billion in Budget 2024.

As of 31 December 2023 there were 3,767 Garda members assigned specifically to Dublin, including 280 members assigned last year. 779 of these Garda members are assigned to DMR North.

An Garda Síochána

Questions (429)

Jim O'Callaghan

Question:

429. Deputy Jim O'Callaghan asked the Minister for Justice the amount that An Garda Síochána spent on replacing musical instruments for the Garda band in 2023; if these musical instruments are insured for loss or damages; and if she will make a statement on the matter. [2501/24]

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Written answers

I have contacted An Garda Síochána for the information requested by the Deputy. Regrettably this information was not available in time and I will write to the Deputy again once the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 429 of 23 January 2023 where you sought: “To ask the Minister for Justice the amount that An Garda Síochána spent on replacing musical instruments for the Garda band in 2023; if these musical instruments are insured for loss or damages.”
As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
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 purchase, allocation, and effective and efficient use of Garda resources, including instruments for the Garda band. As Minister for Justice, I have no role in such matters.
I am informed that An Garda Síochána spent €1,839 on replacing musical instruments for the Garda Band in 2023. I am further advised that musical instruments are not insured for loss and damage.
I hope this information is of assistance.

An Garda Síochána

Questions (430)

Jim O'Callaghan

Question:

430. Deputy Jim O'Callaghan asked the Minister for Justice the estimated full-year cost if 1,600 new gardaí were recruited; and if she will make a statement on the matter. [2502/24]

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Written answers

The Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. The Garda Budget is now at its highest ever level. The unprecedented allocation of over €2.3 billion to An Garda Síochána for 2024 will allow for sustained recruitment of between 800 to 1,000 new Garda recruits in 2024.

As you will be aware, by law the Garda Commissioner is responsible for the management of An Garda Síochána, including all matters relating to recruitment and training. As Minister I have no direct role in these matters.

I am advised that the estimated payroll and fixed subsistence cost of recruiting 1,600 Garda members in 2024 is in the region of €45m. It is assumed that all recruits commence training on 1 January 2024.

This sum includes a basic training allowance for 35 weeks along with 17 weeks of post attestation salary, an estimation of certain fixed allowances and variable unsocial hours’ allowances, employer’s PRSI, and an estimate of subsistence paid during the trainees’ deployment to an operational station. Currently there are no other pay increases agreed for 2024.

I am advised that other potential costs including the cost of equipment and accommodation are not included. I am further advised that that the estimated figures do not take account of potential overtime costs in excess of estimated briefing time payments or potential future pension costs.

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