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Tuesday, 20 Feb 2024

Written Answers Nos. 418-432

Road Traffic Accidents

Questions (418)

Jim O'Callaghan

Question:

418. Deputy Jim O'Callaghan asked the Minister for Justice the number of serious and fatal road traffic collisions that gardaí attended between Junction 4 and Junction 8 on the M50 in both directions in the years of 2023 and to-date in 2024, in tabular form; and if she will make a statement on the matter. [7609/24]

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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. This includes the enforcement of road traffic legislation. As Minister, I have no role in this matter.

I have contacted the Garda authorities and have been advised that, as there is no Junction 8 on the M50, An Garda Síochána looked at collisions between Junction 4 (Ballymun Exit) and Junction 9 (Naas Road Exit).

I am informed that there were fewer than 10 Fatal or Serious Injury Collisions at or near these locations in the time period examined. A Garda member attended the scene for all but one of these collisions.

Figures are based on incidents occurring from 1 January 2023 to 13 February 2024, inclusive. All information contained in this report is based upon operational data from the PULSE system as was available on 14 February 2024 and is liable to change.

Road safety is a shared responsibility, and it is one which this Government takes very seriously. We have all been shocked by the recent loss of life on our roads, and concerned by the worrying increase in road fatalities in 2023, and into this year, after many years of progress in making our roads safer.

I am informed by Garda authorities that An Garda Síochána is committed to working closely with all road safety agencies to focus on high risk behaviour with the key objective of reducing the number of serious injury collisions and fatalities on our roads.

Budget 2024 provides for 800-1000 new Garda recruits. Growing the strength of An Garda Síochána to 15,000 and beyond will allow the further expansion of specialist units, including the roads policing unit.

Also as part of Budget 2024, €3.6m additional funding has been allocated for GoSafe speed cameras, continuing the increased level of 9,000 hours a month announced last year through the whole of 2024.

An Garda Síochána

Questions (419)

Jim O'Callaghan

Question:

419. Deputy Jim O'Callaghan asked the Minister for Justice when she expects the new helicopter and aircraft to come into Garda Air Support Unit Fleet; and if she will make a statement on the matter. [7610/24]

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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 An Garda Síochána, including the procurement, allocation, and effective and efficient use of Garda equipment. As Minister, I have no role in such matters.

The Government is, however, committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose policing service. Budget 2024 provides funding of over €2.35 billion for An Garda Síochána.

I am advised by the Garda authorities that the Garda Air Support Unit (GASU) is a national resource based at Casement Aerodrome, Baldonnel, Co. Dublin. The unit 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.

I am advised that the capability of the current Garda aircraft fleet is constantly being evaluated. I am further advised that there are currently two helicopters attached to the GASU, a Eurocopter EC 135 T2 and a EC135 T2+ which were delivered in 2001 and 2007 respectively.

I am informed that an application was made to replace these aircraft, and government agreed to the purchase of a fixed wing plane and a helicopter.

I am advised that a new rotary and fixed wing aircraft is expected be delivered by respective contractors to An Garda Síochána in quarter 1 of 2025.

Departmental Data

Questions (420)

Jim O'Callaghan

Question:

420. Deputy Jim O'Callaghan asked the Minister for Justice the number of criminal damage incidents reported to gardaí within J District of DMR in 2023 and to-date in 2024, in tabular form; and if she will make a statement on the matter. [7611/24]

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Written answers

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.

The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases in relation to various crime statistics. The most recent statistics were released on 20 December 2023, providing stats for Recorded Crime for Quarter 3 (Q3) 2023.

I understand that the "J District" referred to by the Deputy relates to Dublin Metropolitan Region (DMR) North Division, Raheny District and comprises of the following Garda stations: Raheny, Clontarf, and Howth. Figures in respect of the number of Criminal Damage Offences reported to Gardaí in the DMR North Division can be found on the CSO website at the following link: data.cso.ie/table/CJQ06

However, it is worth noting that crime statistics for Q4 of 2023 are not yet available and are due to be published by the CSO in the coming weeks.

An Garda Síochána

Questions (421)

Jim O'Callaghan

Question:

421. Deputy Jim O'Callaghan asked the Minister for Justice if a new contract to provide additional marked and unmarked Garda vans will be put out to tender during Q2 this year. [7612/24]

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Written answers

The unprecedented allocation of over €2.35 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 its vital policing work.

I am informed €10 million has been allocated for investment in the Garda fleet in 2024.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.

The Deputy will be aware that all Garda vehicles, including Garda vans, are purchased under contracts tendered by the Office of Government Procurement.

I am advised that the new tender process is currently being undertaken by the Office for Government Procurement. The Deputy will appreciate that the purchase and allocation of vehicles is made on the basis of identified operational demands and the availability of resources, and is reviewed on a continual basis.

An Garda Síochána

Questions (422)

Jim O'Callaghan

Question:

422. Deputy Jim O'Callaghan asked the Minister for Justice the number of CBD Levels 4 and 5 held for gardaí within DMR in the years of 2022, 2023 and to-date in 2024; the duration of these courses, in tabular form; and if she will make a statement on the matter. [7613/24]

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Written answers

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for managing the administration and business of An Garda Síochána including the training of its members and civilian staff and I, as Minister, have no direct role in the matter.

I am informed by the Commissioner that there is a five-level suite of competency based driving (CBD) courses, with each level specifically catering for the required knowledge base, skill set and operational requirements of Garda members.

CBD Level 1 consists of a one-day assessment programme. Members who successfully complete CBD Level 1 will be deemed competent to carry out non-response driving functions and routine driving functions commensurate to the role.

CBD Level 2 is a two-week Competency Based Driving Course aimed at front-line Garda Drivers. This course contains Road Craft techniques and emergency response driving.

CBD Level 3 is an addition to the CBD2 course and is of three weeks in duration. This course has a requirement for a higher skillset of driving to facilitate the driving of higher powered vehicles. I am advised that Competency Based Driving Level 3 is the highest level of training given to operational members.

The more specialised levels CBD4 and CBD5 are only delivered to members undergoing the selection process to become Garda Driving Instructors.

The frequency of all courses is governed by the operational requirements of An Garda Síochána.

With respect to the specific information requested I have been informed that no Gardaí in the Dublin Metropolitan Region have completed Competency Based Driving Levels 4 and 5 in the years 2022, 2023 and to date in 2024.

Road Traffic Offences

Questions (423)

Catherine Murphy

Question:

423. Deputy Catherine Murphy asked the Minister for Justice the number of drivers summoned to court for failure to pay a fixed charge notice within the statutory payment timeframe for the offence of holding a mobile phone while driving by District Court in each of the years 2020 to 2023 and to date in 2024; the number of drivers convicted per year per District Court and the penalties imposed; and if she will make a statement on the matter. [7651/24]

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Written answers

Management of the courts, along with related 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 through 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

To be of assistance I have referred the Deputy's question to the Courts Service for reply.

Citizenship Applications

Questions (424)

Bernard Durkan

Question:

424. Deputy Bernard J. Durkan asked the Minister for Justice further to recent correspondence that issued from her Department’s citizenship registration unit in the case of a person (details supplied); if a time extension to obtain the requested documents will be granted given the communication from the Revenue Commissioners to the effect that it will take up to 20 days to obtain their P60s from 2018; and if she will make a statement on the matter. [7674/24]

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Written answers

If any applicant requires further time in order to gather and submit requested documentation they can make a written request for an extension directly to Citizenship Division.

Citizenship Applications

Questions (425)

Bernard Durkan

Question:

425. Deputy Bernard J. Durkan asked the Minister for Justice the reason for delay in progressing an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [7679/24]

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Written answers

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

Citizenship Division wrote to the person concerned on both 24 November 2023 and 2 January 2024 explaining that their application cannot proceed as a spouse of an Irish National as they were not married 3 years before submitting their application. However, Citizenship Division have advised that this application will be processed as a standard adult based upon the full residency criteria under the relevant legislation. To this end, the applicant was required to submit further proofs of their residency in the State. Citizenship Division have received these documents and this application has resumed being processed.

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 continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.

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: IMoireachtasmail@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.

Gambling Sector

Questions (426)

Cathal Crowe

Question:

426. Deputy Cathal Crowe asked the Minister for Justice if he will make the necessary changes to ensure that bookmakers that are granted a licence to operate in Ireland are required to take the appropriate steps to allow gambling addicts to easily self-exclude from their business (details supplied); and if she will make a statement on the matter. [7695/24]

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Written answers

At present, the regulation of gambling and similar activities in the State is split between a number of Departments, agencies and Local Government. As Minister of State with responsibility for Law Reform, I currently have no regulatory or oversight role in relation to the activities of licensed bookmakers in Ireland. Licences are issued to bookmakers by the Revenue Commissioners in accordance with the Betting Acts 1931-2015 and my colleague, the Minister for Finance, is responsible for matters arising from those Acts.

As the Deputy will be aware, the Gambling Regulation Bill 2022 was published on 2 December 2022. The Bill 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.

At its core, the Bill is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities. The Bill completed Committee Stage in Dáil Éireann on 11 July 2023, my officials are preparing amendments to the Bill in advance of Report Stage, and it is hoped that the Bill will be enacted in the coming months.

Section 44 of the Bill provides for the establishment and operation of the National Gambling Exclusion Register. The Register will allow persons to register with the Authority to exclude themselves from gambling online with licensees. A person may exclude themselves from specific gambling activities, with specific licensees, or with all licensees for a specific or indefinite period of time. During their exclusionary period, a person shall be prevented from participating in gambling as per the specified terms of their exclusion, access to their account will be prohibited and any moneys held by a licensee must be refunded to that person within 7 days of entry on the Register.

Section 45 of the Bill prohibits licensees from –

• allowing a person on the Register to gamble,

• accepting a payment for gambling from a person on the Register, or

• communicating with a person on the Register in a manner that would encourage that person to gamble or that promotes gambling,

and a licensee that breaches such a prohibition shall be guilty of an offence and liable on conviction to a fine, to up to 5 years imprisonment, or to both.

Furthermore, section 48 of the Bill provides that a person may participate in an exclusion scheme operated by a licensee rather than the National Gambling Exclusion Register if they so wish.

Legal Services Regulation

Questions (427)

Noel Grealish

Question:

427. Deputy Noel Grealish asked the Minister for Justice what progress has been made in establishing the conveyancing profession; when the results from the Legal Services Regulatory Authority report on the matter will be published; and if she will make a statement on the matter. [7696/24]

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Written answers

In accordance with the Legal Services Regulation Act 2015 Act, I asked the Legal Services Regulatory Authority to prepare and submit a report on the possible creation of a new profession of conveyancer. Section 34 of the Legal Services Regulation Act makes specific provision to address this remaining area of legal services reform.

The report, including recommendations, will be published in the coming weeks. The report will also be laid before the House of the Oireachtas to coincide with its publication. Work will now get underway in my Department to consider the various recommendations put forward.

Separately, it may also interest the Deputy to know that the Taoiseach recently established an interdepartmental Working Group on Conveyancing and Probate to carry out a review of current conveyancing and probate processes and identify scope for greater efficiency and streamlining. It is envisaged that this Group will report its recommendations by the summer.

Legal Services Regulation

Questions (428)

Noel Grealish

Question:

428. Deputy Noel Grealish asked the Minister for Justice what actions she is taking to address delays in the property purchasing processes pertaining to conveyancing; if she will consider implementing a seller's legal pack under the Bill of the same name, or a similar measure; and if she will make a statement on the matter. [7697/24]

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Written answers

I can advise the Deputy that the Taoiseach recently established a Working Group on Conveyancing and Probate to carry out a review of current conveyancing and probate processes and identify scope for greater efficiency and streamlining. The group comprises various experts including a solicitor, an auctioneer, consumer advocates as well as officials from the Department of the Taoiseach, the Department of Housing, Local Government and Heritage, and my Department.

The group is engaging with key industry representatives from the financial services, legal services, and property services sectors as well as other stakeholders. As part of its work the Working Group will consider the type of reforms included in the Seller’s Legal Pack for Property Buyers Bill 2021. It is envisaged that this Group will report with its recommendations by the Summer, and I along with ministerial colleagues, look forward to that report.

In terms of the granting of probate in the conveyancing process, the Courts Service , as part of the organisation's Modernisation Programme, is working to digitally transform the Probate process.

The eProbate project will deliver a facility to submit and track applications for Grants of Representation online via a public facing portal. This new digital offering is currently in the early stages of development and will continue to be developed throughout 2024 with an expected public launch in early 2025.

The public facing portal will act as a single point of contact for users to submit and track their applications through the entire process. The electronic submission of applications through the online portal, combined with automated validation of key information at submission time, will enable faster and more efficient processing of applications, with the aim of reducing waiting times.

It should be noted that major legislative reforms have been made to conveyancing law in recent years as part of the Government’s ongoing drive to reform and ensure greater efficiency in our property law and conveyancing practices - for example, the Land and Conveyancing Law Reform Acts 2009 to 2021.

In addition, the Tailte Éireann Act 2022 consolidated the mandatory nationwide registration of property, along with property valuation, mapping and surveying functions, in a single State body, Tailte Éireann, from March 2023. A total of 90% of property titles nationally are now registered, which greatly simplifies the future conveyancing of that property.

Judicial Appointments

Questions (429)

Richard Boyd Barrett

Question:

429. Deputy Richard Boyd Barrett asked the Minister for Justice in light of the recent conviction of a Circuit Court judge for sexual offences, to explain how it was possible for somebody with so many serious complaints against them to be appointed as a Circuit Court judge; to confirm that neither the Gardaí nor the school previously employing the judge undertook any activity which could be perceived as covering up complaints against the judge (or any behaviours similar to those subject to complaint) prior to his appointment; to outline any efforts taken by the Department or agencies of the Department to ascertain whether any possible covering-up took place; and if she will make a statement on the matter. [7722/24]

View answer

Written answers

My thoughts are with the victims in this case and I want to thank them for coming forward. I also want to acknowledge the work of the Gardaí. As I have indicated previously, I intend to make no further comment on the matter until the case is finalised and sentencing completed.

Family Reunification

Questions (430)

Holly Cairns

Question:

430. Deputy Holly Cairns asked the Minister for Justice the number of visa application appeals for family reunification for immediate family members of Irish citizens that have not yet been decided upon; the number of weeks each appeal has been awaiting a decision; the business target for these appeals; and if she will make a statement on the matter. [7736/24]

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Written answers

I can advise the Deputy that there are currently seven overseas Visa Offices in addition to the Visa Office in Dublin. They are located in Abuja, Beijing, London, Moscow, Ankara, Abu Dhabi and New Delhi.

As of Close of Business (COB) on 31 January 2024 there were 514 Type D long stay applications awaiting an appeal decision where the applicant is a spouse, De Facto partner or other family member of an Irish national.

The table below provides the average time that such Type D long stay applications, currently awaiting an appeal decision, have been outstanding. This is calculated from the time the appeal documents are lodged with the Embassy/Consulate/Visa Office.

Mission

Average length of time awaiting an appeal decision (in months)

Abu Dhabi

14

Abuja

10

Ankara

11

Beijing

No appeals currently outstanding

DFA*

10

ISD Dublin

12

London

No appeals currently outstanding

Moscow

3

New Delhi

14

*The DFA figure relates to appeal submitted to an Embassy of Ireland but forwarded to one of the seven overseas Visa Offices or the Visa Office in Dublin.**Please note all figures are correct at time of issue and may be subject to data cleansing.

The average waiting time across all missions is currently 11.7 months.

Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:

www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf

Appeals for applications of this type are processed in the order in which they are received, to be fair to all applicants. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter and the appeal should include any further information or additional documentation they wish to have considered.

An Garda Síochána

Questions (431)

Catherine Murphy

Question:

431. Deputy Catherine Murphy asked the Minister for Justice the amount spent by An Garda Síochána on purchasing the most modern evidential breath testing machines in 2022, 2023 and to-date in 2024, in tabular form. [7847/24]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of Garda business, which includes all decisions related to the provision of Garda equipment. As Minister, I have no role in these independent functions.

I am informed by the Garda authorities that the Medical Bureau of Road Safety is responsible for the supply, maintenance and upkeep of breath testing machines due to the ongoing requirements to have these machines regularly calibrated to provide accurate results for court purposes.

I am informed by that Garda authorities that no evidential breath testing machines were purchased in the years 2022, 2023 and to date in 2024.

Legislative Measures

Questions (432)

Catherine Murphy

Question:

432. Deputy Catherine Murphy asked the Minister for Justice if her Department plans to update the Firearms and Offensive Weapons Act 1990. [7848/24]

View answer

Written answers

While all legislation is kept under review, there are no specific plans to amend the Firearms and Offensive Weapons Act 1990 at this time.

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