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Wednesday, 20 Mar 2024

Written Answers Nos. 873-892

Victim Support Services

Questions (873)

Catherine Connolly

Question:

873. Deputy Catherine Connolly asked the Minister for Justice the actions undertaken by her Department to ensure that all staff in her Department and in organisations under the aegis of her Department, working with victims of crime, receive training in providing trauma informed care and support; and if she will make a statement on the matter. [12236/24]

View answer

Written answers

Unfortunately, it has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.

Question No. 874 answered with Question No. 871.
Question No. 875 answered with Question No. 871.
Question No. 876 answered with Question No. 871.
Question No. 877 answered with Question No. 871.

Youth Services

Questions (878, 879)

Paul McAuliffe

Question:

878. Deputy Paul McAuliffe asked the Minister for Justice for a breakdown of the funding provided to youth services in the Finglas and Ballymun areas; the number of posts funded; and the total number of posts created since 2020. [12269/24]

View answer

Paul McAuliffe

Question:

879. Deputy Paul McAuliffe asked the Minister for Justice the funding provided by her Department to youth services in the Finglas and Ballymun areas since 2006, in tabular form; and if she will make a statement on the matter. [12270/24]

View answer

Written answers

I propose to take Questions Nos. 878 and 879 together.

Every young person deserves the opportunity to improve their quality of life and our commitment to expanding Youth Justice services and increasing funding similarly reflects our commitment to these young people. This commitment is a central point of our Youth Justice Strategy, launched in 2021, which provides a developmental framework to address key challenges and emerging issues in the youth justice area.

A top priority is the expansion and deepening of the services offered to young people by the Youth Diversion Projects (YDPs), which are fully funded by the Department of Justice. YDPs are community based, multi-agency youth crime prevention initiatives which primarily seek to divert young people who have been, or are at risk of becoming, involved in anti-social and/or criminal behaviour. On average the YDPs engage with between 3,500 and 4,000 young people across the State in any one year. These projects provide an invaluable support to complement the work of An Garda Síochána in addressing youth crime and protect local communities.

In Budget 2024, the funding allocated to overall Youth Justice Services increased by 10% to €33 million. This will facilitate an increase in the availability of YDP services in the evenings and at the weekends when many young people need them the most, as well as an increase in supports for families, interventions for typically hard-to-reach young people and early interventions for 8-11 year olds who may be at increased risk of becoming engaged in criminal activity.

This increase in funding will also allow us to achieve our goal of full nationwide coverage for YDPs for the first time. This funding will be deployed with the assistance of the best available research and expert evidence to keep young people away from crime.

We know from international research that a number of factors place young adults in this age group at a higher risk of becoming involved in criminal behaviour. It is important to reach out to this age group and ensure they recognise they will not be abandoned and left to fend for themselves when they become young adults.

All of this work in the area of Youth Justice is central to this Government’s commitment to building stronger, safer communities. The Government’s commitment to helping the young people who need it has been reflected in our allocations of funding and resources to expand this network.

The attached document outlines the funding provided to youth services in the Finglas and Ballymun areas, the number of posts funded; and the total number of posts created.

Please note that due to the historical nature of this request and the transfer of functions from the Irish Youth Justice Service (IYJS) operating as an executive office located in the then Department of Children and Youth Affairs (DCYA) to the Department of Justice Funds Administration Unit in 2019, as well as changes to the financial management, email and records management system since 2006, some figures may subject to change. Data for 2006 and 2007 is not available due to a change in the financial record system in 2008.

Breakdown of the funding provided to youth services in the Finglas and Ballymun 

-

2024

2023

2022

2021

2020

Allocation

Posts Funded

Allocation

Posts Funded

Allocation

Posts Funded

Allocation

Posts Funded

Allocation

Posts Funded

Ballymun

€433,328.00

6.56

€433,328.00

6.56

€422,166.00

6.50

€274,314.00

4.00

€250,866.00

4.00

Finglas

€838,727.00

13.66

€877,487.00

13.50

€695,783.07

13.50

€406,647.00

6.00

€392,627.00

6.00

The number of posts created in Finglas and Ballymun

Ballymun

2.56

Finglas

7.66

Posts created since 2020

10.22

Funding provided to youth services in the Finglas and Ballymun areas since 2006

-

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

2006

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Allocation

Ballymun

€433,328.00

€433,328.00

€422,166.00

€274,314.00

€250,866.00

€230,168.92

€172,436.00

€170,256.00

€150,234.00

€105,234.00

€95,609.00

€98,694.44

Finglas

€838,727.00

€877,487.00

€695,783.07

€406,647.00

€392,627.00

€378,365.00

€367,120.00

€329,037.00

€314,256.00

€314,256.00

€295,006.00

€314,256.00

€323,963.43

€322,286.00

€328,246.57

€214,803.84

€178,132.13

Question No. 879 answered with Question No. 878.

An Garda Síochána

Questions (880, 881, 882, 883, 884, 885, 925)

Róisín Shortall

Question:

880. Deputy Róisín Shortall asked the Minister for Justice the number of gardaí assigned to Ballymun Garda station, by grade, at the end of February 2024, or the latest date available; and if she will make a statement on the matter. [12282/24]

View answer

Róisín Shortall

Question:

881. Deputy Róisín Shortall asked the Minister for Justice the number of gardaí assigned to Santry Garda station, by grade, at the end of February 2024, or the latest date available; and if she will make a statement on the matter. [12283/24]

View answer

Róisín Shortall

Question:

882. Deputy Róisín Shortall asked the Minister for Justice the number of gardaí assigned to Dublin Airport Garda station, by grade, at the end of February 2024, or the latest date available; and if she will make a statement on the matter. [12284/24]

View answer

Róisín Shortall

Question:

883. Deputy Róisín Shortall asked the Minister for Justice the number of gardaí assigned to Ballymun Garda station, by grade, at the end of each year since December 2019; and if she will make a statement on the matter. [12285/24]

View answer

Róisín Shortall

Question:

884. Deputy Róisín Shortall asked the Minister for Justice the number of gardaí assigned to Santry Garda station, by grade, at the end of each year since December 2019; and if she will make a statement on the matter. [12286/24]

View answer

Róisín Shortall

Question:

885. Deputy Róisín Shortall asked the Minister for Justice the number of gardaí assigned to Dublin Airport Garda station, by grade, at the end of each year since December 2019; and if she will make a statement on the matter. [12287/24]

View answer

Imelda Munster

Question:

925. Deputy Imelda Munster asked the Minister for Justice the number of Garda personnel allocated to the Garda division that includes Louth, in each of the past five years, including a breakdown of personnel numbers in each local area/Garda station, in tabular form; and if she will make a statement on the matter. [12491/24]

View answer

Written answers

I propose to take Questions Nos. 880, 881, 882, 883, 884, 885 and 925 together.

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 distribution of Garda members between the different Garda units and Divisions. As Minister, I have no role in such matters.

I can, however, assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented provision of more than €2.3 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.

In addition to new recruits, the rollout of the new Garda Operating Model will support the redeployment of Gardaí from non-core duties to frontline policing across the country. The new model will see larger Divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services, and a strong focus on community policing.

I am advised by the Garda authorities that as of 29 February 2024, the latest date for when figures are available, there was a total of 13,930 Garda members nationwide. This represents an increase of almost 9% since the end of December 2015. In addition, the civilianisation programme has freed up almost 900 Garda members from back office work for front line policing work since 2015.

Information in relation to the allocation of Gardaí by Division and Station can be found at the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/

Question No. 881 answered with Question No. 880.
Question No. 882 answered with Question No. 880.
Question No. 883 answered with Question No. 880.
Question No. 884 answered with Question No. 880.
Question No. 885 answered with Question No. 880.

An Garda Síochána

Questions (886)

Jim O'Callaghan

Question:

886. Deputy Jim O'Callaghan asked the Minister for Justice when the new statutory instrument extending Garda retirement age from 60 to 62 years will be signed; and if she will make a statement on the matter. [12291/24]

View answer

Written answers

We know a strengthened An Garda Síochána is central to building stronger, safer communities. So it is important that we retain the knowledge and expertise of experienced people where possible. In addition, increasing the mandatory retirement age reflects the reality across all sectors that people can and want to work in their chosen careers for longer.

I have approved over 150 retirement extensions since 2020, at the request of the Garda Commissioner under existing legislative provisions, so it is very clear that many Garda members want to work beyond the age of 60.

I am currently working to bring the necessary changes to statutory instruments providing regulations governing the retirement age for members of An Garda Síochána. This work will be done in tandem with the Minister for Public Expenditure, NDP Delivery and Reform, who will prepare legislation for inclusion into a suitable legislative vehicle to amend the Public Service Superannuation (Miscellaneous Provisions) Act 2004 and the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.

This will facilitate an increase in the mandatory retirement age for members of An Garda Síochána and it is hoped we can make these changes as early as possible.

Protected Disclosures

Questions (887)

Catherine Murphy

Question:

887. Deputy Catherine Murphy asked the Minister for Justice if she will commission an independent review of the treatment of whistleblowers within the Irish Prison Service and An Garda Síochána; and if she will engage with persons that have gone through the process in the context of setting a terms of reference for the review. [12323/24]

View answer

Written answers

It has not been possible to provide a response at this time. I will write to the Deputy directly, when the information required is to hand.

Court Procedures

Questions (888)

Ged Nash

Question:

888. Deputy Ged Nash asked the Minister for Justice if she will consider amending the relevant legislation to allow for claims to the value of up to €5,000 to be handled by the Small Claims Courts; if she is aware that the €2,000 ceiling currently in place is €3,000 lower than the European Small Claims Procedure allows; and if she will make a statement on the matter. [12324/24]

View answer

Written answers

The thresholds regarding the value of claims handled by the Small Claims Court are set in District Court rules, and as such are a matter for the Rules Committees.

As the Deputy is aware, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Minister has no role in these functions.

S.I. No. 519 of 2009, District Court (Small Claims) Rules 2009, sets out the upper ceiling of €2,000 for small claims. The monetary limit for small claims is fixed by Rules of Court, and any amendment to Rules of Court is a matter for the relevant Court Rules Committee.

The Deputy may also be aware that Regulation (EU) 2015/2421 of the European Parliament and of the Council provides that a claim with a value not exceeding €5,000 can be made under the European Small Claims Procedure. This regulation has applied since 14 July 2017, and applies to cross-border cases only.

Departmental Staff

Questions (889)

Catherine Murphy

Question:

889. Deputy Catherine Murphy asked the Minister for Justice the number of exit and or severance and or redundancy packages granted by her Department, and bodies under her aegis and of bodies she funds in full or in part, of €100,000 and above but less that €200,000, by the amount and by each body in each of the years 2019 to 2023 and to date in 2024. [12354/24]

View answer

Written answers

It is not possible to provide a response at this time. I will write to the Deputy directly when complete information is to hand.

Question No. 890 answered with Question No. 835.

Legislative Programme

Questions (891)

Emer Higgins

Question:

891. Deputy Emer Higgins asked the Minister for Justice if her Department has any update regarding owners' management companies (OMCs) legislation, including the publication of new regulations and the appointment of a regulator for OMCs; and if she will make a statement on the matter. [12381/24]

View answer

Written answers

The Multi-Unit Developments (MUDs) Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs).

The Programme for Government contains a commitment to conduct a review of the MUDs Act, to ensure that it is fit for purpose and that it acts in the best interests of residents. Housing for All also provides for Regulations to be made under the MUDs Act relating to the:

• management of annual service charges by OMCs; and

• expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure).

The work of my Department in relation to multi-unit developments is guided by that of the Department for Housing, Local Government and Heritage, in view of its central role in this area. The importance of policy input from that Department is underlined by a number of important initiatives in relation to multi-unit developments that have recently been brought forward by the Minister for Housing, Local Government and Heritage.

These include the remediation scheme, which Minister O’Brien announced last year, and which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. Furthermore, an Interim Remediation Scheme for the funding of emergency fire safety defect works in apartments and duplexes was launched last December and is now open to applications from OMCs.

It is important that the review of the Multi-Unit Developments Act 2011, and the drafting of any Regulations under the Act, would be informed by these key ongoing and priority developments, and as such it is not possible at this point to say when the review of the Act will be completed.

As regards the establishment of a Regulator for OMCs, there are no plans at present to introduce a specific oversight and enforcement mechanism for OMCs. However, it should be noted that OMCs are subject to company law provisions, including their own memorandum of association, and are subject to oversight by the Company Registration Office and the Office of the Director of Corporate Enforcement. Furthermore, the Competition and Consumer Protection Commission also plays a role in providing information and advice to intending purchasers of residential units in multi-unit developments.

In addition, the MUDs Act acknowledges the risk of disputes arising in the enforcement of rights and the performance of obligations imposed by its provisions and makes provision for the resolution of such disputes.

For example, section 24 provides that a person, including any member of an OMC, may apply to the Circuit Court for an Order to enforce any rights conferred or obligations imposed by the Act. Section 24(2) allows the Court to take into account whether the parties have tried to resolve their differences by mediation or other alternative dispute resolution. While section 27 provides for court-directed mediation if the court considers that a ‘mediation conference’ between the parties would assist in reaching a settlement of the matter.

International Protection

Questions (892, 893, 894, 895, 901)

Alan Kelly

Question:

892. Deputy Alan Kelly asked the Minister for Justice the number of applications for international protection within the meaning of the International Protection Act 2015 that were lodged at the IPO in each of the years 2021, 2022 and 2023. [12397/24]

View answer

Alan Kelly

Question:

893. Deputy Alan Kelly asked the Minister for Justice how many decisions were made granting/refusing international protection by the IPO in each of the years 2021, 2022 and 2023. [12398/24]

View answer

Alan Kelly

Question:

894. Deputy Alan Kelly asked the Minister for Justice how many applications for subsidiary protection were lodged at the IPO for each of the years 2021, 2022 and 2023. [12399/24]

View answer

Alan Kelly

Question:

895. Deputy Alan Kelly asked the Minister for Justice how many decisions were made granting/refusing subsidiary protection by the IPO for each of the years 2021, 2022 and 2023. [12400/24]

View answer

Alan Kelly

Question:

901. Deputy Alan Kelly asked the Minister for Justice how many applications were not progressed/ deemed withdrawn for non-engagement or attendance for each of the years 2021, 2022 and 2023. [12406/24]

View answer

Written answers

I propose to take Questions Nos. 892, 893, 894, 895 and 901 together.

My 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.

Under the single procedure, an applicant makes only one application, and has all grounds for seeking international protection (refugee status and subsidiary protection) as well as permission to remain determined in one process. This is known as a first-instance decision, or first-instance recommendation.

The International Protection Office (IPO) makes first instance recommendations in respect of international protection (refugee status and subsidiary protection) as well as decisions on permission to remain. Where an international protection applicant has been refused international protection, as part of a single procedure, a decision will be made on whether or not to grant the applicant permission to remain in the State.

The table below sets out the number of applications for international protection, each year from 2021 to 2023.

IP Applications

2021

2022

2023

IP Applications

2021

2022

2023

Total

2,647

13,645

13,275

*Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.

The table below sets out the number of IPO First Instance Decisions issued from 2021 to 2023.

Determination

2021

2022

2023

Refugee Status (RS) Grant

859

1,390

2,471

Subsidiary Protection (SP) Grant (RS Refusal)*

74

69

237

Permission to Remain (PTR) Grant (RS and SP Refusal)*

588

2,077

533

Refusal (RS, SP and PTR Refusal)*

780

867

5,173

Inadmissible

2

89

183

Withdrawal

164

491

361

Grand Total**

2,467

4,983

8,958

*Refusal of any Refugee Status and Subsidiary Protection elements at first instance can be appealed to the IPAT.

**Figures are correct at time of issue and may be subject to data cleansing.

**Year decision made may not relate to the year the application was made.

Of the first-instance decisions issued by the IPO, 61.5% in 2023 were refused on all grounds (note, this does not include withdrawals and decisions on admissibility).

The International Protection Act 2015, places a duty on applicants to cooperate with the process, and the details of the process are covered in Section 38 of the Act. The International Protection Office (IPO) writes to applicants who are not cooperating with the process, in particular where they do not attend an interview without a medical certificate, at their last known address, giving them notice that they may be failing in their duty to cooperate, and giving them the opportunity to engage with the process.

The IPO copies this letter to their legal representative where known. In the event an applicant does not respond and continues not cooperating with the process, the IPO will proceed to make a recommendation. This is done on the basis of the information available as submitted by the applicant or their legal representative. These recommendations are not different to or distinguished from recommendations generally.

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