Vol. 1036 No. 5
39. Deputy Violet-Anne Wynne asked the Minister for Justice the failure rate for employers applying for atypical working scheme permissions by county, in tabular form; and if he will make a statement on the matter. [18085/23]
I wish to raise the atypical working scheme, AWS, and specifically the failure rate for employers applying via AWS by county, and I would be most grateful if the Minister would make a statement on the matter.
I thank the Deputy for raising this important matter. My Department and the Department of Enterprise, Trade and Employment work closely together to ensure the arrangements in place to facilitate legal migration to Ireland for employment purposes are efficient, fair and responsive to the needs of our economy and society.
The atypical working scheme is one element of these arrangements and was developed by agreement between the two Departments. It facilitates specialised, highly-skilled employment of a short-term nature which is not supported by the main employment permit process, which requires longer employment undertakings. Generally, the contract periods which come within the scheme are for less than 90 days and include short-term contracts in the technology and financial sectors, for example, as well as in the entertainment and creative industries.
Following consultations undertaken with other Departments and Government agencies, certain other employment situations are also supported by the atypical working scheme.
These include locum medical professionals and nurses seeking to have their qualifications recognised here. The wider terms of the scheme are kept under ongoing review in consultation with relevant Departments and I am informed the maximum processing time for in-order applications is currently 20 working days. Unfortunately, statistics are not retained county by county. I will, however, forward to the Deputy a table of the overall number of applications dealt with and their outcomes for the period back to 2018. For illustrative purposes, a total of 6,438 applications were dealt with under this scheme in 2022, of which 85% were approved. Where an application is refused, it is open to the applicant to engage with the unit and submit a new application for consideration.
It remains open to any individual intending to work in this State to secure a longer-term permission via the employment permit system managed by the Department of Enterprise, Trade and Employment.
I thank the Minister of State and the officials in his Department for the changes made to the AWS to date. I welcome in particular the shortening to one month of the cooling-off period, which now means two AWS can be availed of in a 12-month period, and there is the ability to spread the 90 days over six months, supporting travel into and out of Ireland. As the Minister of State is aware, this scheme facilitates the many locum doctors and nurses who make up the significant shortfalls in our public health service because of the recruitment and retention crisis that exists there.
I was approached to raise this issue by Helen Downes on behalf of her fantastic team at Shannon Chamber. They have assured me that officials within the Minister of State's Department have been incredibly helpful in working with them, and they asked me to pass on their thanks. They have also requested that I ask the Minister of State if he might be in a position to meet with me and a delegation from the Clare Chamber at some point soon. I would be most grateful if the Minister of State would oblige this request. Gabhaim buíochas leis an Aire Stáit.
I thank the Deputy for her comments on the officials in the Department. This is a scheme that is constantly kept under review. Last year there was reform relating to those working in the sea fisheries sector as it moved over to the current system. The atypical working scheme unit within my Department has developed sector-specific training material to reduce the number of incomplete applications, for employers and for applicants, to ensure the applications meet the required standards. The unit continues to engage with all relevant stakeholders on the scheme's criteria and operation. Extensive training has taken place with stakeholders and recruitment agencies, and there has been very positive feedback from that. I am glad to hear the Deputy's positive feedback as well.
Gabhaim buíochas leis an Aire Stáit. The issue of Garda resourcing in County Clare must be raised again. As the Minister of State will be aware, Clare received the fifth lowest divisional influx of gardaí into its operational area since 2015. Only 51 gardaí have joined the force in Clare in that time. In 2022, only two gardaí were allocated to Clare, and no additional gardaí were provided in January of this year. A spate of antisocial behaviour at the Brú na Sionna complex in Shannon has escalated to a level that is simply not acceptable. This is according to Sergeant Seamus Mulligan, and I agree with him wholeheartedly. There are broken windows, verbal abuse, stones being thrown, cars being set on fire, and public urination. There was not one single extra garda allocated to the station there. In fact, Shannon has lost three gardaí since 2021. This is a community at crisis point and tensions are on a knife edge. The Minister of State has responsibility for justice. What will he do for the people of Shannon and County Clare?
The Government is committed to ensuring An Garda Síochána has the necessary resources for the entire country. Budget 2023 provides funding of €2.14 billion for An Garda Síochána. This is an increase of 38% since 2016. There is a planned recruitment of up to 1,000 additional gardaí this year. I am informed there will be 400 Garda staff as well, which will release gardaí from administrative duties and put them onto the front line.
The Deputy will be aware the Garda Commissioner is solely responsible for the administration of An Garda Síochána operational matters and the distribution of Garda members. I have no doubt the additional gardaí who are being recruited will be on the streets and we will see additional gardaí in every county.
As the next Deputies are not here, we will proceed to Question No. 42 in the name of Deputy Tully.
42. Deputy Pauline Tully asked the Minister for Justice the action he is taking to increase the number of gardaí in the Cavan-Monaghan division, currently at 380, which is 26 fewer gardaí than in 2016; and if he will make a statement on the matter. [18120/23]
What action is the Minister for Justice taking to increase the number of gardaí in the Cavan-Monaghan division, which currently is 380? This is 26 fewer gardaí than in 2016. Will the Minister of State make a statement on the matter?
I thank Deputy Tully for this very important question on the number of gardaí in the Cavan-Monaghan division. The Government is committed to ensuring An Garda Síochána has all the necessary resources it needs to deliver a very modern, fit-for-purpose, policing service. Budget 2023 provided funding of €2.14 billion for An Garda Síochána. In total since 2016, the budget for An Garda Síochána has increased by approximately €586 million, or 38%. This increased level of investment by Government has enabled sustained and ongoing investment in recruitment, in technology and in equipment. Budget 2023 will support the planned recruitment of up to 1,000 new Garda members and 400 new Garda staff. These Garda staff members will free up Garda Síochána members from administrative duties and place them back onto the front line.
As the Deputy will be aware, by law the Garda Commissioner is responsible for the administration of An Garda Síochána, including the distribution of Garda members between the various divisions. As Ministers, we have no role in those matters. I am, however, assured that the Commissioner and his management team keep the distribution of resources under constant review in light of local policing needs and crime trends.
I can advise the Deputy that 318 gardaí were assigned to the Cavan-Monaghan division in 2016, and this has increased by 60 to 378 members as of 31 March this year. I can further advise the Deputy that the number of Garda staff assigned to the division has also increased substantially, from 38 to 58, in the same period. These numbers represent very significant increases of almost 19% and 50%, respectively.
It should be noted that, since 2015, civilianisation of staff has freed almost 900 Garda members from back-office duties nationwide to return to the front-line policing for which they have been highly trained. I can also assure the Deputy that, while the Commissioner is operationally responsible, this Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. As I said, budget 2023 provides funding of €2.14 billion.
I thank the Minister of State. I welcome the increased budget allocated to the Garda force. Last year the national recruitment target was 800 and I believe that only 460 - just over half - were actually recruited into the force. As I said, there are fewer gardaí in the Cavan-Monaghan division since 2016. Also, the population has increased in both counties since then. In Cavan, the population has increased by more than 5,000 and in Monaghan by more than 3,500. There are an extra 8,500 people in the two counties and yet we have fewer gardaí.
What is most concerning is the number of resignations, which have increased substantially over the years. We had 104 last year and 12 in January of this year, which is half the number who resigned in 2016. Has the Minister of State explored the reasons behind the high number of gardaí who are leaving the force, not as a result of retirement but as a result of resignations?
There can be all sorts of reasons for gardaí retiring earlier. We are in an exceptionally tight labour market at the moment. An Garda Síochána intends to start carrying out exit assessments to determine why individual gardaí may be leaving. The actual number compared with the overall force is still quite low.
On the Cavan-Monaghan area, I assure the Deputy that recruitment is actively happening. There will be 1,000 additional gardaí this year and 400 additional civilian staff for An Garda Síochána. We will see additional gardaí on our streets in every county throughout the country as these gardaí are trained and assigned to different areas. As I said, it is the Garda Commissioner’s role to assess the operational needs and the deployment of those gardaí.
I thank the Minister of State for that response. As he is probably aware, Cavan and Monaghan are both extremely rural counties, so for gardaí to respond to the report of a crime or to investigate a crime, they will need vehicles. The response to a parliamentary question I submitted recently indicates the number of vehicles allocated to the Cavan-Monaghan division in 2022 was six but the number of vehicles removed from the division in the same year was nine, so the division is down three vehicles across the two counties. For people to feel confident, secure and safe in their homes, especially in rural areas, they need to know that gardaí are resourced and that there are enough personnel and enough vehicles so that they can respond to reports of crime in a very speedy manner.
I wonder if the housing issue is also having an impact on the force. Gardaí earn a reasonable amount of money but the cost of accommodation has gone sky high. I am aware of gardaí stationed in Cavan who come from other counties. They cannot even live in the county because of the cost involved. I wonder if that is that another reason for the high number of resignations. People feel they cannot live in this country.
I wish to ask the Minister about gardaí for Carlow. I have highlighted this issue on numerous occasions. Carlow, Kilkenny and Waterford are now linked. I recently met local gardaí whom I compliment on the job they do. However, from speaking to the gardaí in Carlow, I believe we need many more community gardaí. That is probably true across the country. For people to feel safe in their own communities, it is nice to have the presence of gardaí. I understand how hard they work and that is not in question. This issue needs to be addressed.
I was in Carlow Garda station two or three weeks ago. There is a prefab at the back of the station. There are gardaí working in a prefab in 2023. They are doing typing and work like that. It is unacceptable. I have raised this issue on several occasions. While we are appreciative of the work of the Garda, we need to resource the force right and get as many community gardaí as we can.
I thank the Deputy. There is record funding of €2.14 billion for the Garda in budget 2023, which is an increase of €586 million or 38% since 2016. That is a very significant increase. That funding is going towards the recruitment of additional gardaí and the provision of resources, including equipment and vehicles. That is important for the Garda.
As of 31 March, there were 76 vehicles assigned to the Cavan-Monaghan division, including 53 Garda cars and 12 vans. That represents a 9% increase since 2020. All members of the Garda are community gardaí. We are very proud that it is a principle of the operation of the police force in this country. There is a designation of community gardaí for individuals within the Garda and who is designated as such, and how many are designated, are matters for the Garda Commissioner and his senior staff.
Funding for accommodation is provided by the Department but its provision is a matter for the Office of Public Works, OPW.
43. Deputy Niamh Smyth asked the Minister for Justice his plans to tackle the increasing rate of violence against women being reported across the country. [18007/23]
This question asks the Minister what plans he has to tackle the increasing levels of reporting of sexual violence against women.
I thank the Deputy for asking the question. The Government's zero tolerance strategy, published last year, is an ambitious five-year programme of reform aimed at achieving a society which does not accept, in any way, shape or form, domestic, sexual and gender-based violence or, crucially, the attitudes which underpin it. Built on the four pillars of the Istanbul Convention, the strategy was accompanied by an implementation plan which runs to the end of this year, setting out 144 detailed actions assigned to various Departments and agencies. Some of the key elements of the strategy, as the Deputy knows, include the establishment of a statutory DSGBV agency. There is an agency in law to drive forward the agenda and co-ordinate in respect of this issue. The strategy also includes the doubling of the number of refuge places to 280 during its lifetime, an expansion of supports for victims and the strengthening of legislative provisions. A number of Bills are going through these Houses as we speak and there will be more between now and the summer recess to advance that cause. The strategy will also work to raise awareness of DSGBV and the supports available. The Deputy will be aware, as I hope the country at large is, of the number of public awareness campaigns to raise awareness of these issues.
In March, I published the general scheme of the Bill to establish the new agency and my intention is that it will be established and operational in January next year. The Joint Committee on Justice undertook pre-legislative scrutiny today and I look forward to its report. Under budget 2023, an extra €9 million was secured for combating DSGBV. That was an unprecedented increase of 22%.
Taken together with our ambitious but deliverable plans for the development of refuge accommodation, I am confident that the investment needed to implement in full this €363 million strategy will make a real and lasting impact on the experience of victims of DSGBV. I am pleased to say that we have already made significant progress on the legislative front since the publication of the strategy, with measures progressing to double the maximum sentence for assault causing harm, introduce stand-alone offences for stalking and non-fatal strangulation, and introduce a new sexual offences Bill to update the law around consent and provide new supports for victims.
I also recently welcomed the enactment of legislation which will improve the management and monitoring of sex offenders in the community, including an update of the rule around the sex offenders register.
I thank the Minister. I appreciate, as he outlined, that much has been done in this area, especially in the past 12 to 18 months. However, we are discussing this issue in a context where the trend is clear. There has been a significant increase in violence against women in recent years. The statistics show that 12 women died violently in 2022, which is the highest number since 2007. I can speak from a west Cork perspective. The statistics for the area show that in 2019, 48 cases of rape or sexual assault were reported. That number increased to 70 in 2020 and to 105 in 2021. There is a clear and obvious trend there and the number of such incidents is increasing.
Not long ago, we had an emotional session of statements in this House in response to the death of Ashling Murphy. Women talked about having to carry keys with them as they went about their daily business. There is a real urgency here. The Minister mentioned that the agency will be established in January but I hope he realises the need for urgency.
I fully acknowledge the need for urgency and am confident that the Government and both Houses see the need too, for all the reasons the Deputy has outlined. As a Government or as an Oireachtas, we do not establish new agencies very often. I hope the fact that we have taken a decision to establish a new agency assures the women of Ireland and the people of Ireland more broadly that we are taking this issue seriously and applying priority to it. The ambitious timeline of establishing the agency by next January will be met. I am very grateful to the justice committee for its work on pre-legislative scrutiny. I look forward to the co-operation of everyone in this House and the Upper House to ensure that is the case.
We have also commissioned the Central Statistics Office, CSO, to undertake a wide-scale public survey on the prevalence of sexual violence in Ireland. The results of this, due for publication tomorrow, will provide us with an important baseline, for which we have looked for many years, going forward, for developing policy, supports and services, and for evaluating the impact of our work. I assure the Deputy that this remains a major priority. There is no one thing that we can do. It is about doing many things. That is why the detailed implementation plan, including the 144 actions, is key.
I will use my remaining time to underline the seriousness of the situation in west Cork. I outlined the statistics earlier. There were 48 cases of sexual assault and rape in 2019, increasing to 70 in 2020 and to 105 in 2021. There is a serious issue there and there is a serious lack of services in the west Cork area. It was mentioned as one of the regions where refuges should be provided in the future. It is paramount that we provide a refuge there to offer proper services. Women who have been through the most traumatic of experiences have to drive for two or two and a half hours to services in Cork city. That is a dark and bleak drive. In some instances, women who do not have cars have to use public transport. They have to arrange babysitting. It is a nightmare. The very least we can do is provide proper, adequate services for women who have been through situations they should never have gone through in the first place. I ask the Minister to take a personal interest in reaching out to the West Cork Women Against Violence Project, which is a fantastic advocacy group that has all the blueprints done for what a refuge should look like. I would appreciate it if the Minister would reach out to its representatives.
I will mention Carlow. We have seen an enormous increase in violence against women, particularly during the pandemic. I am working with a lot of agencies in Carlow for a women's refuge. We are one of nine counties that do not have a refuge. It is important that Carlow gets its refuge as soon as possible. I know a lot of work has been done. I have knocked on the Minister's door several times, and will continue to do so. Two of the issues we need to look at in respect of a women's refuge are wraparound supports and step-down facilities. If a woman is in a women's refuge, she needs to have a step-down facility so that she can move out when the time is right. I again ask the Minister for a commitment as soon as possible to get our women's refuge up and running and to provide the services around it.
I thank Deputies Christopher O'Sullivan and Murnane O'Connor. Regarding west Cork, Deputy O'Sullivan is correct that this is an area the Government has identified through its work with Tusla as a priority location for a new refuge. I would be very happy to engage with the organisation doing the work on the ground there. If he wishes to bring a delegation to Leinster House, I would be happy to meet them with my colleague the Minister of State, Deputy James Browne, to see how we can support them. It is very much a partnership approach as Deputy Murnane O'Connor will know with Carlow. Carlow is another area that has been identified to get to the 280 spaces. In this partnership approach, we identify a lead organisation on the ground. Certain steps need to be followed. It is not adversarial in any sense. It is about all of us working together and pulling together. We are fortunate to have these excellent organisations working with us.
On the step-down piece, Deputy Murnane O'Connor is entirely correct. We talk about refuge spaces and we need to get to 280 and power on. We also need to do more of the safe homes. We will see an increase of at least 15 safe homes this year because that is also an important part of providing an accommodation solution to somebody at a very difficult and vulnerable time.
44. Deputy Willie O'Dea asked the Minister for Justice the number of burglaries that were reported in Ireland in 2022; and to provide a county breakdown of the numbers. [18082/23]
I am asking this question on behalf of Deputy O'Dea. I ask the Minister about the number of burglaries that were reported in Ireland in 2022; and to provide a county-by-county breakdown of the numbers.
I very much understand that burglaries can be traumatic and invasive. They can leave people feeling unsafe and uneasy in their home and community. They very much impact people’s sense of security in their home.
The Deputy will be aware of Operation Thor, which tackles burglary and actively targets organised crime gangs and repeat offenders through co-ordinated crime prevention and enforcement activity based on intelligence and the latest burglary trends. Since the operation’s inception in 2015, there has been a sustained reduction in burglary nationwide, on which I commend the Garda. The Garda is rightly scrutinised. This is an area of enormous success by An Garda Síochána.
The overall reported level of burglary in 2022 was 45% lower than pre-Covid-pandemic levels of 2019. The last comparable pre-pandemic year was 2019 and reported burglaries are down by 45%. That is as a result of the sustained intelligence-led approach by the Garda. I pay tribute to it for its concerted efforts, including a recent focused policing operation which resulted in 40 people being brought before the courts and charged with a total of 60 offences, including burglary and associated crime.
I also take the opportunity to draw attention to the Garda crime prevention advice under Operation Thor, which is highlighted through public information campaigns and by Garda prevention officers who do a great job across the country engaging with communities, including the "Lock up, Light up" campaign.
An Garda Síochána also has a free property recording app. Should any items be stolen, the app provides a way of reporting this to An Garda Síochána and gives the public the option to share information with the Garda for this purpose.
As the Deputy will be aware, the Department of Justice provides funding to Muintir na Tíre to cover the costs incurred by community groups in administering the text alert scheme. The text alert scheme enables communities to set up a group to receive alerts advising them of suspicious or criminal activity in their area. As well as ensuring awareness among users of the service, it can also lead to them reporting suspicious activity to the Garda. I encourage anybody watching these proceedings and all Deputies to make their constituents aware that further information on the property marking app, text alert schemes and other crime prevention information can be found on the Garda website, www.garda.ie.
The impact of the Covid pandemic on the figures is obvious. I support what the Minister said about the work the Garda does. In particular in County Cork the number of burglaries has decreased dramatically in recent years. That said, we saw a slight increase, albeit these are post-pandemic numbers, in Cork city. As we revert to some kind of normality post the pandemic and figures inevitably will probably increase, we need to do everything we can and use all resources in our arsenal to ensure those figures do not climb back to pre-pandemic levels and we can do all we can to support the Garda in ensuring that. I ask the Minister to outline what his Department will do to ensure those numbers do not come back to pre-pandemic levels.
We will absolutely support the Garda in resourcing Operation Thor, in recruiting gardaí and getting more gardaí on the streets and rolling out the community safety plans in every county in Ireland in 2024. The numbers show a stark improvement. Every burglary impacts on a person or family. I do not dismiss in any way the significance of that individual trauma and loss of a sense of security. I will give some figures for Cork. For example, in the Cork city Garda division in 2019, the last year before the arrival of Covid, there were 484 burglaries and last year it was 268. In the Cork north Garda division there were 232 burglaries in the last pre-pandemic year and 134 last year. In the Cork west Garda division, there were 99 burglaries in 2019 and 69 in 2022. These are reductions of 44%, 42% and 30% for each of those three divisions respectively, which is good progress. It is down to a combination of things. The intelligence-led operations are genuinely identifying big organised crime gangs and bringing people to justice. I commend the work the Garda is doing with communities with, for example, text alerts. We cannot do enough in that space.
The figures speak for themselves. They seem to be trending back to a level where we do not want to be. A recent PhoneWatch survey found that 72% of respondents were seriously concerned about a break-in in their own home. We are not trying to underestimate the impact burglary has on how people live their lives. Inevitably people still feel vulnerable. That said, in the Cork city Garda division in the last year - these are post-pandemic figures - there was an increase of 8% over the past 12 months from 2021 to 2021 in non-aggravated burglaries. In those areas where we are seeing more of a disparity between pre-pandemic and post-pandemic numbers, is it the case that the areas that are finding it harder to recruit gardaí are the source for that disparity in some of the figures, or is there any other reason for it?
I do not want to drown the Dáil in statistics and yearly comparisons. I just make the point that we try to compare the last year before there were Covid restrictions which was 2019 - last normal year - with 2022, the first year without Covid restrictions. During the pandemic years when everyone was at home with lockdown periods and the likes, that obviously had a downward impact on much criminal activity for a variety of reasons. There can always be local and regional-specific reasons from time to time. We can see burglary trends in a certain direction. Through Operation Thor, the Garda tries to respond to those trends through the deployment of additional resources.
I think the Deputy will agree with me that key to this is increasing the size of the Garda force, enabling the Garda Commissioner to have more men and women in An Garda Síochána who can be deployed in every part of the country, including in parts of Cork so that we can see an increase in community policing, presence on the streets and engagement with the community. That will be our priority for this year and next year.
45. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 34 of 6 December 2022, the status of the independent review of Part 4 of the Criminal Law (Sexual Offences) Act 2017, which was due for completion by the end of 2022; the reason for the delay; if the review has been completed to date; if he has received the final report to date; the expected timeline for the publication of the final report; and if he will make a statement on the matter. [17287/23]
My question is very specific. I ask about the status of the independent review of Part 4 of the Criminal Law (Sexual Offences) Act 2017. I ask this because under that Act there is an obligation on the Minister for Justice to carry out an independent review and report three years after the Act came into operation. We are years behind now. We have been given many dates, none of which have been complied with. We were told it would be ready in quarter 3 of 2021, early 2022, mid-2022, end of 2022 and finally sometime this year. I ask the Minister to tell me specifically where the report is.
It is a fair question and I somewhat share the Deputy's frustration. I have voiced similar frustration, as have my colleagues. In July 2020, departmental officials contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act. Significant work was completed cataloguing the submissions received under the Part 4 review, which, as the Deputy said, was a requirement. The study lead was also asked to take over another review we discussed a while ago, the familicide review, after the untimely death of Norah Gibbons who had been leading that review. As a result, the timeline for completing the Part 4 review was delayed. The familicide review has now been completed and that final report has been submitted. Therefore, the study lead has now been able to turn her attention back to completing the Part 4 review. While the review is independent of the Department, I have been assured that she expects to be in a position to present the outcome of the review very shortly. I accept that the Deputy would like to know what "very shortly" means. I can assure her that as soon as I have absolute clarity on that, I will be very happy to share it with her. I have also instructed my officials to provide additional support to the study lead if needed to assist with the finalisation of the report, while, of course, respecting fully the independence of the review and the autonomy of the study lead. I have been in contact with the study lead on the work and have been assured that it is nearing completion. I have met them directly on this matter.
The Deputy is aware that the key purpose of the Criminal Law (Sexual Offences) Act 2017 is to provide additional protections to persons involved in prostitution, especially vulnerable persons and victims of human trafficking. The Act allows those engaged in prostitution to provide information to An Garda if they, for instance, are subjected to violence by clients, without fear of prosecution for selling sexual services. Section 27 provides for the review to which the Deputy's question refers. As already stated, my Department commissioned an independent consultant to undertake the statutory review. I assure the Deputy, and I say this categorically, that I am very anxious to receive the report in order that consideration can be given to advancing any recommendations needed to further strengthen the protection for persons who engage in sexual activity for payment.
There was a legal obligation to carry out the review. The terms of reference specifically stated that the purpose of the review was to discover the information that exists regarding the number of arrests and convictions and the impact of the legislation, and whether it was doing what it was supposed to do to protect sex workers on the ground. We have criminalised the purchase of sex. From any of the information I have obtained and from various reports I have read, this has reduced the level of safety among sex workers.
I have a difficulty in that the legal obligation to carry out a review has not been complied with. The various reports from Northern Ireland, from the University of Limerick and from Amnesty International - which I may have a chance to come back to in my second contribution - all suggest that sex workers have become more endangered as a result of what has happened. In the context of Northern Ireland, the research has highlighted the prevalence of the consequences of what has happened regarding the legislation there. I will come back to this topic in my second contribution.
I completely assure the Deputy that the legal obligation to carry out a review of this was taken extraordinarily seriously by my Department. The review was commissioned and an independent expert was appointed. While I share the Deputy's frustration, I have outlined the reasons as to why there was a delay and the additional efforts my Department has made to ensure that the review can be brought to a conclusion as quickly as possible. I am as anxious to receive this review as the Deputy is, and I note her frustration.
While it was for the experts to design the precise methodology for engaging with stakeholders as part of the review, the terms of reference explicitly confirmed that the participation and inclusion of persons engaged in prostitution and those who have been the victims of human trafficking need to be sought. To address the Deputy's point, this was to ensure that the voices of those with lived experiences would be heard. An online survey was used as part of the public consultation process. Written submissions were invited from individuals and stakeholders. The review is being conducted independently of the Department. The Department did not review any submission received or participate in any of the engagements. The terms of reference relating to the review are in place. The Deputy is aware that Part 4 of the of Criminal Law (Sexual Offences) Act introduced two new offences, namely, paying for sexual activity with a prostitute and paying for a sexual activity with a trafficked person.
I am not sure I had the privilege of getting the reply when I was in the Chair. It does not quite set out what the Minister is setting out here in the Chamber. I would appreciate if the Minister could clarify in writing what he is telling me in respect of how this was waylaid in order to do something else. This report was to be completed within three months in July 2020, and three months later it was not done. It is now 2023. At what point was there a request for an extension? Was that received in writing? Who considered it and what extensions were given? I am very conscious of the woman who was murdered recently in Limerick, allegedly by a client. I am also very conscious of what I am reading from the various reports, including the Amnesty International report "We Live Within a Violent System": Structural Violence Against Sex Workers in Ireland. The latter shows that the 2017 legislation has placed sex workers at higher risk of abuse and so on. I could quote other reports. I am asking the Minister how he can stand over the delay of almost three years in respect of a statutory obligation relating to a matter as serious as this.
I cannot stand over the delay, and I am not seeking to do so. I am seeking to ensure that the report is progressed, finalised and published as a matter of urgency. I have acknowledged my frustration that it has not been forthcoming, and I have outlined the reason why it has been delayed.
As Leas-Cheann Comhairle, Deputy Connolly will know that in the context of oral parliamentary questions, what I say on the record of the House trumps any prepared material, so my answer is as my answer given.
My problem is that I did not quite catch what the Minister said.
I have a great deal of material. I was making the point that, and this is in no way to apportion blame to anybody, the study lead for this report, when they were commissioned to do this piece of work, was asked to also carry out the familicide review following the untimely passing of Norah Gibbons. She very kindly agreed to do that and put a great amount of effort into it. I am hoping to be at a point, as I said to the Deputy earlier, of bringing the familicide review forward and acting on its recommendations. That review took the study lead's attention off the work we are discussing. They are now back fully on it. In addition, I was assured by that person when I met them that the review is near to completion. Should they wish it, I will supplement their efforts by providing secretariat assistance to finalise the review. I can also put my reply in writing to the Deputy, as requested.
46. Deputy Aengus Ó Snodaigh asked the Minister for Justice what the delay is in regularising the status of those who applied under the regularisation of the long-term undocumented migrants scheme, which closed to applicants at the end of July 2022; and if he will make a statement on the matter. [18016/23]
This question is to ask the Minister what is the delay in regularising the status of those who have applied under the long-term undocumented migrants scheme, which closed for applications in July of last year. The scheme opened, I believe, in January or February of last year.
I thank the Deputy for tabling this very important question in respect of the regularisation of the long-term undocumented migrants scheme.
I am pleased to be able to advise the Deputy that 76% of all applications under this extremely successful and impactful scheme have been processed since it opened in the past year, with 89% of all decisions to date being positive ones. As the Deputy is aware, this once-in-a-generation scheme was designed to give long-term undocumented residents the opportunity to regularise their status, access the labour market legally and begin their path to citizenship. It has provided an opportunity for those who meet its criteria to remain and reside in the State and to become part of mainstream Irish society rather than living on its margins.
To flesh out the details, I can further advise that, in total, 6,548 applications were submitted in respect of 8,311 people under the scheme. Of these, 5,654, or 86%, were single applications and 894, 14%, were family applications. As of 11 April last, 4,302 applications have been granted, 592 applications have been refused, and 93 applications have been withdrawn by the applicants for various reasons. These applications relate to 6,386 people. Some 5,589 of them were granted, 685 were refused and 112 were withdrawn. The remaining applications relate, in the main, to more complex cases. It is not possible to provide a definitive timeframe for when all cases will be finalised, although every effort is being made to do so without undue delay. Each application received is assessed individually in accordance with the published criteria available on the Department's immigration website.
While every effort is made to process applications as soon as possible, processing times will vary having regard to the complexity of applications, whether it is a single or family application, the supporting documentation, the vetting process with An Garda Síochána, the possible need for the immigration service delivery function of the Department to seek further information and the resources available.
Where an application is refused, it is open to the applicant to appeal the decision within 30 working days. The decision letter contains information on how to submit an appeal, with further information available on the immigration service website. The appeal will be considered by a different officer to the person who determined the original application to be unsuccessful. There is no additional fee to appeal a decision.
Gabhaim buíochas leis an Aire Stáit. I welcome the figures and the progress that has been made. I was hoping there would have been some type of indicative timeframe for closing the process. I understand what the Minister of State has said, which is that it cannot be closed because some of the cases are complex. Do we expect 90% of the applications to be dealt with by the summer or are some of the cases so complex that there is no indication yet as to when the process will be concluded?
I welcome the scheme. I especially welcome it in light of the number of people of Irish descent in America who are seeking a similar scheme. The commentary around that in the past week has been interesting. This is a good way for us to ensure that the issue can be put to bed and that we deal with the undocumented people who are here. How many people have submitted appeals?
A total of 284 appeals have been received. I agree with the Deputy in that we have all been calling for a regularisation scheme in the United States of America for some time.
It was important for this State to set out that it was prepared to do what it called on other states to do and bring in a regularisation scheme to help those people. The people who needed the regularisation scheme are on the margins, often working in the black market and being exploited. This is a scheme the Department of Justice can be proud of. I note the support across the Houses for the scheme when it was introduced. We were very particular that the application process should use simple and clear language. I dealt with some of it while the Minister, Deputy McEntee, was on maternity leave. I come from the legal profession but sent a clear message that nobody should need legal advice to do this. It needs to be simple and clear, and I think it was.
I cannot give a date for how long more it will take because each case is individual and many of the remaining cases are complex. We are also trying to give applicants every opportunity to rectify applications where there are problems. We are giving that time as needed.
I have dealt with the case of a person who applied last February and in the meantime lost a job because the temporary stamp he was on ran out. The quicker we deal with people’s positions, the better. Have we identified issues that would cater for those not captured by the scheme? There are those who are undocumented or do not have a regular status here who may benefit from a similar scheme. There are students who have overstayed their period here and are now undocumented who would not have qualified in this case.
I have previously asked if it has been considered in this scheme that time spent in this country as undocumented would be taken into account when applying for naturalisation or citizenship. I do not think it has been to date.
Generally speaking, the pathway to citizenship is clear and is set out in legislation. There was a cut-off point but it was acknowledged internationally that our cut-off point for the regularisation scheme was quite generous. It was for the long-term undocumented, but we kept it down to quite a short period for people to qualify. There will always be people, unfortunately, who just miss out. That is the nature of these things, but I ask anybody who is undocumented in the country to come forward and see if there is some way to rectify their situation.
47. Deputy Éamon Ó Cuív asked the Minister for Justice the discussions he and his Department have had with their counterparts in Northern Ireland on North-South justice issues since he became Minister; the progress made in this period; and if he will make a statement on the matter. [17285/23]
Will the Minister give an update on discussions he has had with his counterparts in Northern Ireland on North-South justice issues and the progress made in this period? Are we coming to an understanding on some of the outstanding issues?
I thank Deputy Ó Cuív for his question and for his ongoing work. I only wish I had counterparts in Northern Ireland. I do not say that to be facetious but the Deputy will see during my answer how the absence of an Executive stymies some levels of engagement. However, I am pleased to say there is excellent ongoing cross-Border co-operation with counterparts in Northern Ireland on relevant justice matters. It is important I state that clearly. This includes co-operation between my Department and the Department of Justice in Northern Ireland on a range of issues as well as extraordinarily good co-operation between An Garda Síochána, the Police Service of Northern Ireland, PSNI, and other agencies with their counterparts.
The intergovernmental agreement on co-operation on criminal justice matters, IGA, is the main formal stream of ongoing joint work. Under the IGA, a senior officials working group oversees co-operation through a number of co-chaired policy advisory groups in a range of criminal justice areas, including forensic science, probation, public protection, victim support and youth justice matters. This group last met last month, March, and includes senior policymakers from all relevant areas from both jurisdictions. The group progresses criminal justice matters of mutual interest with the aim of achieving more effective co-operation and co-ordination on criminal justice matters. The IGA also offers a structured mechanism under which Ministers from both jurisdictions meet. Unfortunately, with the current lack of an Executive, it has not been possible to meet in this ministerial format in recent months, but the senior officials working group continues to meet to progress the work plan as approved by Ministers.
There is regular North-South co-operation outside of the formal framework of the IGA. For example, in February, officials from my Department met with their counterparts from Northern Ireland on international co-operation in criminal matters, including extradition and mutual legal assistance. The Northern Ireland delegation was led by the international criminal justice co-operation unit and included representatives from international co-operation teams in the PSNI, the Public Prosecution Service for Northern Ireland and the Crown Solicitor’s Office. The meeting was also attended by An Garda Síochána, the Office of the Director of Public Prosecutions and the Chief State Solicitor's Office. The meeting focused on practical matters of mutual interest and how we can work more closely together. Further, last November, senior officials from my Department met their Northern Ireland counterparts to discuss a range of matters, including criminal justice co-operation.
As the Minister knows, I have been concerned for some time about the delay in the administration of justice in Northern Ireland. People are waiting up to nine years for trial. They are our citizens. I think the Minister would agree that is not justice and that justice delayed is justice denied. As well as that, there are people spending inordinate time on remand and, when they are out on bail, they have very strict bail conditions. Has that issue been raised with the northern authorities by the Minister’s officials? Have they expressed concern about some prison conditions? I have raised this issue consistently. As the Minister knows, there are grave concerns. I understand some progress has been made on the issue of full body searching or strip searching, but even that is not working satisfactorily at the moment.
I will seek confirmation on the two issues the Deputy has raised concerning the recent engagement my colleagues had with their counterparts. I believe in all jurisdictions, including for Irish citizens in Northern Ireland, people having swift access to justice is an important part of any effective justice system.
I am personally engaging with the Secretary of State for Northern Ireland on his responsibility for security matters in Northern Ireland and mine for such matters in Ireland. I saw him last night informally at a Good Friday Agreement event but last formally spoke to him on 28 March, when he updated me on the decision to increase the terror threat level in Northern Ireland. I also spoke to him on the phone about the horrific attack on the life of DCI Caldwell and to offer our support and solidarity.
The British-Irish Intergovernmental Conference was established under the Good Friday Agreement to promote bilateral co-operation on matters of mutual interest within the competency of the UK and Irish Governments. I attended the last such meeting with the Tánaiste in Farmleigh, Dublin on 19 January.
The Independent Reporting Commission, IRC, is an independent commission set up by the Irish and British Governments. In its most recent report, it spoke about possible elements of a group transition process. How are the discussions going on progressing the recommendations in that report on ending violence completely in Northern Ireland? Will the Minister give an update on that? It is an important issue. We all want to end violence but it is not a one-way street. It is a complex problem. We need to look at very good reports like the IRC report, which is a balanced report and is worth taking seriously.
The fifth report of the IRC was brought to Government in December. Overall, the IRC has not altered its view that the risks posed to society by the continuing existence of paramilitary groups and structures means paramilitarism remains a clear and present danger in Northern Ireland. Six new recommendations are contained in the fifth report, including a further recommendation on the paramilitary group transition to which the Deputy refers. The commission recommended that the Governments consider appointing an independent person to engage with the groups on transition. The remaining recommendations focus on matters particular to Northern Ireland, relating to joined-up collaborative working, organised crime legislation in Northern Ireland and the need for continued financial support for efforts to tackle paramilitarism.
The report and its recommendations on possible mechanisms to progress transition and disbandment of all remaining paramilitary groups was considered by the two Governments at the British-Irish Intergovernmental Conference on 19 January in Farmleigh, which I attended. It was agreed the recommendations would remain on the agenda of the intergovernmental conference and be discussed at ministerial level at its next meeting. Our officials were asked to consider the matter further in the intervening period. I and my Department are committed to continued constructive engagement with the commission on this matter and on its work in 2023.
51. Deputy Aodhán Ó Ríordáin asked the Minister for Justice for an update on the development of the new Garda station planned for Dublin 13 and Dublin 17. [18112/23]
I wish to ask the Minister, once again, for an update on the development of a much needed Garda station which is planned for the Dublin 13-Dublin 17 area.
I thank Deputy Ó Ríordáin for the question. Under the national development plan, the Government is committed to investing significant levels of capital funding into An Garda Síochána to deliver a Garda station modernisation and refurbishment programme, to deliver strategic ICT and digitalisation projects, and to deliver a modern, fit-for-purpose Garda fleet. This is a core part of the our plan to build stronger, safer communities.
As Deputy Ó Ríordáin is aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of the Garda, including the Garda estate and Garda stations. Matters in relation to Garda accommodation are progressed by the Garda authorities working in close co-operation with the Office of Public Works. I can, however, assure the Deputy that the Government remains committed to ensuring that An Garda Síochána has the resources and facilities it needs to tackle organised crime and keep us safe and have the infrastructure that it needs. I look forward to continuing the investment in Garda infrastructure over the lifetime of the national development plan.
The Northern Cross project and the development of a substantial Garda station, including a new divisional headquarters for the Dublin metropolitan region, is one of the most significant Garda building investments in the national development plan, as Deputy Ó Ríordáin knows. As he is aware, discussions are ongoing with Dublin City Council in relation to making a site available to An Garda Síochána and the OPW for the construction of a new Garda station at Northern Cross. From inquiries I made again this week I understand that discussions on agreement on the site are progressing well. The next phase will be securing planning permission, which I am informed could be sought as early as 2024. I also understand that discussions have included the potential transfer of the existing Coolock Garda station site to Dublin City Council as part of the agreement.
This is positive with regard to planning permission potentially being sought in 2024 and Coolock Garda station potentially being transferred to or acquired by Dublin City Council. This is interesting. The Minister will note that I always get the same answer with regard to the Garda Commissioner. I raise this issue as often as I possibly can. It is a large expanding community. We have made the same mistakes over and over again in the course of the history of the State where we have a large growth in population and we do not put in place the basic infrastructure in the new communities. We need schools, play facilities, childcare and a Garda station. It will not just be a Garda station; it will be a divisional headquarters, which will be of great comfort to the existing communities in Dublin 13 and Dublin 17 and the planned communities. Will the Minister give a commitment that he and the Department will take an active interest not only in providing a new facility but also the Garda members who will be needed to help to support and empower the local community?
I can and often, when I outline the law as to the responsibilities of the Commissioner versus me, it is not to recuse myself of interest in a project. Deputy Ó Ríordáin, who raises this on a regular basis, knows this is a major commitment in the national development plan. The Northern Cross project is a commitment under the national development plan. The Office of Public Works will have responsibility for project delivery. The site for the location is still subject to discussions between the Garda, the OPW and Dublin City Council. The proposed site is at Northern Cross on the Malahide Road on lands currently owned by the city council, which Deputy Ó Ríordáin knows better than me although I happened to see them the other day. The project is included in an indicative schedule of works under the Garda capital plan. I acknowledge the Deputy has raised the issue of the development of a new station on several occasions. The site will not only consist of a new station for the Dublin 13 and Dublin 17 areas, including Donaghmede and Coolock, but will also act as a divisional headquarters, as I have said, for the Dublin metropolitan region north division and additional specialist training facilities will also be incorporated into the site. The beauty of this campus is that it will allow for further expansion based on operational need and a growing population.
I am given to understand that we are losing Coolock Garda station. This new divisional headquarters will mean that Coolock Garda station will no longer exist and this will be the new headquarters. It will be bigger and will have more resources. People have a traditional relationship with a Garda station and interact with it. They know where it is and they know how it operates. It will be a body of work to allay some local concerns with regard to how the transfer of power and new alignment will happen. We need to have a level of community engagement. The Minister needs to speak to the residents' associations that have been so proactive in advocating for this new station. We must absolutely ensure that it will not just be a building but a new policing structure and engagement in that part of the city because it has existing pockets of disadvantage. There have been tensions with An Garda Síochána over the past 50 years. It also has fantastic potential for a new relationship as the area and population expand.
I respectfully suggest that we should allow the discussions between the Garda, the OPW and Dublin City Council to conclude. This will then enable them to prepare for planning with a view to bringing forward planning in 2024 potentially. This is the window or timeframe that we potentially have. Of course it will be important that local communities are updated and kept engaged and informed on the rationale and benefits of this project. Having the city council as a partner is very advantageous in this regard. Certainly the discussion on the existing Coolock station can be a part of this discussion in terms of the local needs and the views of the council and, therefore, the community in this regard. This is ultimately about delivering a major new project for Deputy Ó Ríordáin's community. It is a project that will be the divisional headquarters for the area. It could also be home to additional specialist training facilities that can only be good for community gardaí. It will be future-proofed in terms of having room for expansion. I am happy to keep Deputy Ó Ríordáin informed once I know the outcome of the discussions.
