Vol. 1050 No. 2
6. Deputy Bernard J. Durkan asked the Minister for Justice to outline her proposals for family law reform, with particular reference to the need for an indicative timescale; and if she will make a statement on the matter. [8246/24]
I seek to ascertain the timescale for the family law reform the Minister has been working hard on, for which there is considerable appreciation. In view of the fact that current procedures are going on at pace as if no reform were in the offing, we and the operators of family law need to know something decisive is happening.
I thank the Deputy for raising this issue. I acknowledge he is passionate about it and wants to see reform in the area, especially when it relates to the impact relationships breaking down can have on children in families.
As he will know, I have been leading a programme of family justice reform set out in the first Family Justice Strategy, which was published in November 2022. I set out ambitious visions for a family justice system of the future that will focus on the needs and rights of children, in particular, and will assist parents in making decisions that affect all of the family. The plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of more than 50 different actions across nine different goals, with timelines for delivery up to the end of 2025. It is not one date for everything but it will take time. I assure the Deputy, however, that progress is being made on all these actions. As the strategy was developed, we listened to and acknowledged the many issues and concerns about how the current system operates. I met with many practitioners, in addition to families and individuals, who have been impacted by the current system. The actions stress the centrality of children, as I said, to many family matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.
I will outline some of the strategy actions that have been completed. We published a policy paper on parental alienation that sets out a series of recommendations to address what is a very complex and challenging matter. We are progressing those. The Review of the Enforcement of Child Maintenance Orders, published on 7 January 2024, highlighted just how such orders are not working at present. That review looked at the current enforcement process, the challenges associated with it and the areas that may require reform. From that, the review made 26 recommendations on how the current system can be improved. Work is under way in that regard. The Courts Service family law information hub and a 360 virtual tour have been launched. The Legal Aid Board has established its panel of private mediators to enhance the roll-out of family mediation services throughout the country. In addition, as the Deputy knows, we are finalising the review to examine the role of expert reports, including section 47 and section 32 reports, in private family law proceedings, which will look at their commissioning, availability, content, use, the individuals involved, and how that is monitored or managed. I expect to bring the recommendations from the review to Cabinet in the coming weeks, following which I will put recommendations in place.
A further key component of the strategy is the development of the Family Courts Bill, which provides for the establishment of family court divisions within the existing court structures that currently do not exist. This will enable there to be a family High Court, a family Circuit Court and a family District Court, all dealing with family law matters and only family law matters, which is what we need at this stage.
I thank the Minister for her very comprehensive reply. I agree entirely with the extent to which she is proposing to change matters. In particular, the issue whereby parental alienation is becoming established in this country as part of our family law system is worrying. Under the radar, it is being imported from other jurisdictions for use here. It is clearly in violation of the Constitution. The degree to which parents, women and children in particular but some men, are subject to trauma, anguish and anxiety above and beyond what should be-----
I have to caution the Deputy. He is asking the Minister to give an opinion but he is straying into accusations about the courts system. I understand the issue he is raising, which is important, but I ask him to be careful in the way he is putting it.
I accept what the Leas-Cheann Comhairle has said, but I point out that we cannot change anything unless we direct our attention at the subject matter. I do not wish to disobey the Chair. I do not ever wish to do so, but it is very important we are clear in what we are about. If, at the end of the day-----
The Deputy is over time. He will get a chance to come back in on the subject matter.
I will do.
Specifically on the concept of parental alienation, the report clearly showed that where there is a system that does not work as effectively as it should and where the structures are not as effective as they could be, it allows the potential for abuse to continue and particular abuses to continue in respect of parental alienation, even into the courts. That is the finding from much of the research by the representative groups and from families who contributed to the specific report we did. The main recommendations are to improve the family justice system to make sure it works more effectively, that we have fewer people going to court, and that we have more mediation and better supports for families at earlier stages.
On the review and the various reports by experts that are being brought into the courts, we do not have a panel of experts or set criteria or qualifications. We have no way of having an overview of the system. The review and its recommendations will set out exactly how we make sure anybody who provides evidence to a court is adhering to strict criteria and is qualified, essentially, to do the job he or she has been asked to do.
I thank the Minister. I again point out it is essential that the issues that have caused this anxiety and trauma for children and parents over a number of years, which are growing, are addressed. The use of parental alienation is growing and it appears that, in certain quarters, there is no intention to change. I thank the Minister for outlining the proposals, which she will have to pursue vigorously. From the correspondence I have received from participants, I have no doubt at all of the seriousness of the situation that faces us where, in some cases, children have been forbidden to see their parents, or parents to see their children, for up to two or three years. In some cases, this involves expenditure of more than €100,000 in order for parents to have the privilege of seeing their children. I congratulate the Minister on her work so far. I strongly support what she is doing.
I thank the Deputy. Like him, this is an issue that has come to my door as a TD for many years, since I was first elected. Families will always come who are going through a very difficult situation. With these structural changes, I hope to provide a less adversarial approach and, where it is not possible to remove that, the structures to support families to get the right outcome so that children are not caught in the middle. It is about making sure children's voices are heard, that they are able to understand what is happening, and that they are spoken to in language that is appropriate. That is where training comes in, as well as the new courts system.
At present, there are situations where people go to court and do not know when they will be heard. The next family sitting might not be for a few months. It prolongs things if their case is not heard. This new structure will ensure there are dedicated family courts, with dedicated family court judges who are specifically trained in, and only focused on, family law matters. In itself, that will ensure, as regards any member of the Judiciary a person is going before, that such a member is there, wants to be there, and is focused on and trained in family law. That is very important.
Separate from that, investment in the mediation system is very important. Many cases should not be going to court. A lot of issues can be resolved before that. The minute a matter goes to court, it often becomes more adversarial and this is a key component of the overall reform.
7. Deputy Colm Burke asked the Minister for Justice what action her Department is taking to tackle the rising levels of cybercrime and online fraud in Ireland; what strategies or initiatives are being considered and developed by her Department to enhance digital security and protection of citizens' personal information; and if she will make a statement on the matter. [8271/24]
I would like to know what action the Minister's Department is taking to tackle the rising levels of cybercrime and online fraud in Ireland, what strategies or initiatives are being considered and developed by her Department to enhance digital security and the protection of citizens' personal information, and if she will make a statement on the matter.
The Government is committed to taking measures to combat and prevent fraud and cybercrime. As we know, this is a crime that is on the increase. The more technology we use, the more likely we are to be susceptible to it. The close co-operation across government on this issue, and between An Garda Síochána and the National Cyber Security Centre, is key in this regard.
We are committed to ensuring the Garda has the resources it needs to fight crime. This is why €2.35 billion was allocated to the Garda last year, a 25% increase since 2020. This will allow the strengthening of the work of specialist units within An Garda Síochána, such as the Garda National Economic Crime Bureau and the Garda National Cyber Crime Bureau.
Online fraud, as we know, can be devastating in terms of the impact it has, but it can also cause great mental stress for those affected. Garda authorities have advised that around €237 million has been reported stolen in cyber-enabled frauds in the period 2020 to 2023. The global cost of cybercrime is estimated to be $6 trillion per annum. I urge anyone conducting sensitive or personal business online or over the phone to be very cautious when providing personal or banking information. This has been the biggest challenge in recent years.
If it has not happened to us, we all know people who have been victims of online fraud. I called to someone very close to me several years ago who had just spoken to someone on the phone who they thought was calling from Bank of Ireland, but they were not. This person had provided information. We very quickly found out that the callers were trying to take money from this person's account. This was somebody who perhaps would not have used technology and would have been very trusting. This is what people are preying on. Many of the financial institutions do have excellent advice for customers on how to be safe online, but we need to continue to raise awareness.
This is why we have European cyber security month. This event saw a joint initiative between the Garda National Cyber Crime Bureau and the National Cyber Security Centre, which included a media launch last September at Iveagh House and a strong series of public and corporate events on the joint themes of phishing and ransomware attacks in particular. Every year when we have this awareness raising, the focus is placed on different areas of cybercrime. The communications saw a series of radio adverts, weekly social media postings on the platforms of both agencies, and media advertisements on the risks posed by cyberattacks and the prevention needs to stay safe online, with a particular emphasis on #ThinkB4UClick.
I am looking at this issue from the perspective of there being expertise within An Garda Síochána. Do we have a sufficient number of people with this expertise in the Garda? Is there a proposal to expand the number of people working in this area? I think it was €237 million the Minister referred to as being stolen in this fashion between 2020 and 2023. I refer to investment, therefore, in this area by all State agencies, but especially by the Garda. This is an area which changes rapidly, literally every day, in respect of how people try to commit this fraud. We need, therefore, to be up very early in the morning to try to keep pace with these developments. What is the programme within the Garda and the whole State operation as regards trying to prevent cybercrime and online fraud?
As part of our budget last year for 2024, there was an unprecedented allocation of €155 million specifically for digital capital investment and IT. This was coupled with the sustained increased investment in Garda numbers. The more members we have in the technical bureaus and the more investment we have in ICT, the more we can increase our capacity and capabilities to prevent, address and respond to these types of crimes.
There is also engagement with our European and international partners. For the past several years, significant progress has been made in working with Europol and Interpol and right across Europe to ensure we have a more joined-up system, because online fraud obviously knows no boundaries. Many of these activities are being undertaken by negative actors abroad and impacting people here. There have been major levels of co-operation. Equally, wherever we have an option to opt in to any changes in this regard or advances in technology to enable us to be part of a European-wide system, we are doing so. We are doing this as quickly as we can. Additionally, we are also following through with legislation in this regard, some of which I brought forward to the Cabinet only about three weeks ago.
This matter is developing very fast. Is there a need for the Garda and other State authorities to bring in people from outside? I am not saying necessarily from outside the Irish jurisdiction but from outside the Garda force to give assistance in providing the necessary support to assist the Garda in helping to deal with this area. I refer as well to investigations in this area, because it is so complex. It is very difficult to tie down this type of activity. As the Minister knows, a lot of activity is based outside the country and outside Europe and is therefore more complex regarding trying to deal with it.
We all get that online and phone fraud and scams are activities that are everywhere and unavoidable. Cybercrime, as we have seen, is at its height. I was aware at one stage that ComReg was involved in a working group concerning phone scams and this type of field. How stands this initiative? I also remember Dr. Richard Browne of the NCSC dealt with the issue of directed spyware. We are talking about the likes of Pegasus and Predator. A company operating out of Ireland has ownership of one of these products. They are used by many nefarious regimes around the world. I think Dr. Browne said we needed some sort of legislative tools to be able to deal with this type of activity. There were issues concerning GDPR, etc. Will the Minister update us on where we are with this work?
To respond to the initial question from Deputy Burke, as a workforce we are highly skilled and our members are extremely sought after because of the training they have and their ability to do this type of work. We are working very closely with Interpol and Europol. For example, one of these programmes is Operation Skein, as we call it here. This tackles criminal organisations and has led to hundreds of arrests in Ireland as well as the establishment by Interpol of an international investigation called Operation Jackal. This is targeted at an organisation and criminal gang that started in west Africa in the mid-1970s and which is now operating worldwide. It is targeting individual member states and individuals, and this has been going on for some time. The work Ireland is doing on this operation, and many others, greatly supports the work others are doing. In that context, people are looking to us as well for the capacity and capabilities we have.
I do not have exact responses for a ComReg programme. The NCSC works out of the Department of the Taoiseach. It works with many different organisations, including An Garda Síochána. I can certainly try, however, to get a specific update for the Deputy in this regard. As I said, we are constantly bringing forward legislation in this context. Only last week, or perhaps two weeks ago, I brought forward legislation to allow the Garda to seek preservation and production orders to allow the force to freeze information online to use as evidence in court cases. When it comes to these types of crimes, that is extremely helpful.
Go raibh maith agat.
5. Deputy Thomas Gould asked the Minister for Justice if she will consider a health impact assessment on the sale of alcohol Bill. [8368/24]
This question is to ask the Minister if she has considered a health impact assessment on the sale of alcohol Bill and if she will make a statement on this matter.
Public health is a key consideration for me and my Department in developing this legislation. The intention of this Bill is to try to modernise our existing licensing laws to bring them in line with the expectations and needs of today and a modern society, to bring us into line with other jurisdictions, and to encourage the development of a modern and diverse night-time economy. This legislation is an important commitment in our programme for Government.
What I am trying to do is to strike the right balance. I think there is a perception that this Bill will suddenly see nightclubs and bars in every town and village open until 6 a.m., with alcohol being served. This is absolutely not the case. The intention of this proposed legislation is to have a yearly licence for such businesses that operate, for example, late licences and must regularly go to the courts to say they are having special events, when in reality these are late bars that operate every night they are open, to streamline the process to make it more cost efficient and to allow certain nightclubs that have to adhere to very strict criteria to open a little bit later. This is because we do not have this type of offering for people now.
At the same time, the general scheme of this Bill will retain the approach we have always had, which is that we have a restrictive regime for licensing. There would be powers, in particular, for the Garda to address situations where people do not adhere to the guidelines, especially for the licences for later opening hours, where it is necessary to have CCTV and appropriate square footage for dancing. The whole point of this legislation is that we can have acts, music and entertainment. The conditions in this regard must be adhered to, as must the rules around the selling of alcohol.
As part of the development of this Bill, I held consultations in November 2021. We had more than 5,000 responses, including responses from Alcohol Action Ireland, the Ballymun Local Drugs and Alcohol Task Force, the College of Psychiatrists of Ireland, the Health Service Executive alcohol programme, the Institute of Public Health, the Irish Community Action on Alcohol Network and the National Suicide Research Foundation. In addition, I held a webinar and panel discussion. At every stage in developing this, the views and opinions of those working in the health space have been taken on board. At the same time, this Bill is not just about making sure that people can go out and have fun and do so in a healthy way, but also that we help businesses operate in a more efficient and effective way for what is already happening now. That is very important as well.
I actually wrote to the Minister last week. We broadly support the Bill, but we have set our own clear policy on the night-time economy. The Minister mentioned the consultation that took place in 2021. Consultation is not a replacement for the health impact assessment. We are not looking to delay the Bill, which is moving slowly at the moment. There is an opportunity for the Minister to have this assessment done. An impact assessment goes much further than consultation and would be based on credible evidence-based interagency information. That is the approach we are looking for. I know there was a consultation but there seems to be a lack of consultation between the Department of Health, the Garda and other stakeholders who could contribute in a positive way to the Bill.
I assure the Deputy and the organisations I have mentioned, some of which he may have spoken to. Many of them have put forward the facts from their research. All that information is being taken into account. There is a perception that this is legislation to allow every bar and club in the country to stay open late and serve alcohol late. That is not what this legislation is about. In fact, some of the restrictive measures mean that clubs and bars will need to adhere to certain conditions to protect their patrons and protect their staff, including from sexual assault. They will need to look at this as a general day-to-day running of the organisation. They could potentially lose their licence if they do not protect their patrons in that way.
The night-time economy is falling away. When I was in college, parts of Dublin city centre would have been vibrant at night and would have had people there. People now say to me that those areas are not safe and they cannot go there because places are not open and there is no longer a cohort of people who are socialising at night-time. They do not have lit-up buildings, and people, such as bouncers on doors, are not there. That is contributing to some of the challenges we have seen. I want to ensure that vibrancy is brought back. It needs to be done in a safe way. I am also very conscious of the public health implications.
We support what the Government is trying to do. We see this as positive for the night-time economy and businesses if it is done in an engaging way. We also need to take on board the views of Alcohol Action Ireland, which has been very vocal and has done Trojan work on this. It believes a health impact assessment would allow for service planning and migration to protect vulnerable people. It conducted research with UCC which suggests that four people a day die in Ireland from alcohol abuse. We need to put a plan in place to reduce these figures while also trying to encourage the night-time economy. We are not seeing it is one or the other. We are saying they can be done, but we need a health impact assessment to be done. It needs to be evidence-based and credible. With more people dying from alcohol abuse, we need to get the balance right.
Alcohol Action Ireland along with, I believe, 80 other social, health and community organisations, and academics, have been on to a considerable number of people, including the Minister. They have presented international evidence showing that extending opening times by one hour results in a 16% increase in alcohol-related crime, a 30% increase in traffic collisions in rural areas and a 34% increase in injuries that require hospitalisation. We need to look at that. I welcome what the Minister had to say and I accept we need to deal with the night-time economy. One of the recommendations of the Oireachtas committee was to have a health impact assessment, which would deal with much of this. In Ireland we also have an issue with our ethos regarding alcohol. Unfortunately, that also relates to cocaine, which creates its own difficulties.
All of the facts the Deputies have outlined occur in an environment where we have a restrictive regime, where pubs are closing every week. We have about 70 nightclubs left in the country. A couple of years ago there might have been that number in three or four counties.
Alcohol is a problem for many people but we need to invest in education to change people's behaviours and attitudes. More people are drinking at home where there is absolutely no monitoring, where people can drink whatever they want for as long as they want. As far as I am concerned, people are more likely to get into a car after having a few drinks at a friend's house as opposed to being out at 2 a.m. and then deciding to get into the car. There is a perception that the provisions in this Bill will suddenly allow significantly more drinking. At the moment people are going to the off-licence, going home and drinking more at home. This would allow people to be in a more controlled environment, which I believe would help reduce some of the impacts both Deputies have outlined.
I hope to bring forward a scheme of this Bill in the coming weeks. All the concerns that have been raised are being taken into consideration. As it goes through the House, I will engage with all sides, not just those who represent the industry but also those who are concerned about the potential implications for people's health. I fully accept the concerns.
8. Deputy Richard Bruton asked the Minister for Justice the provision made for leadership development at all levels of the Garda force and how leadership development is benchmarked and reported; and if she will make a statement on the matter. [8348/24]
In any organisation the quality of leadership is the single biggest factor determining the successful outcomes, whether it be in enterprises or schools. It may be said that some leaders are born, but most leaders are created and the skills are learned. We spend too little on developing leadership. I would like to hear an audit of the situation in the Garda Síochána.
An Garda Síochána is committed to investing in leadership at all levels of the organisation through a clear understanding of requirements and focused development. Effective leadership enables the organisation to respond to changing demands with agility and to positively impact the culture of the organisation, obviously filtering down through it. Extensive provision is made for leadership development at all levels within An Garda Síochána, including both Garda members and staff. More than €44 million is provided for overall training purposes in 2024, an increase of 18% when compared with 2019.
Much of the training takes place in Templemore which has a section dedicated to professional development with the aim of designing, developing and delivering a range of leadership, management and professional development training courses. The needs are assessed in annual learning and development plans. I am informed that a number of programmes are delivered in-house annually, including on the following areas: behavioural leadership, strategic thinking, coaching, adaptive leadership change, and mentoring.
Tailored leadership training is designed to cater for Garda members and staff at all levels of the organisation. Specific senior management and behavioural leadership programmes are delivered to ranks from inspector up to chief superintendent and from higher executive officer up to principal officer grade, with a supervisory management and behavioural leadership programme delivered to sergeants and executive officers.
As the Deputy may be aware, An Garda Síochána also partners with external academic institutions to further support and embed leadership skills in the organisation. These include the Irish Management Institute, UCD's Smurfit Business School and the University of Limerick.
In 2022, in excess of 40 senior management personnel graduated from a dedicated Garda executive leadership programme, with a level 9 postgraduate diploma in leadership in policing delivered by the Irish Management Institute and accredited by University College Cork. Executive coaching supports were provided to all newly promoted senior management personnel as part of their development programme.
I assure the Deputy that given the nature of work carried out by gardaí, it is important that leadership qualities are developed, supported and enhanced so that the entire organisation can benefit.
I welcome some of the detail but I think there is a problem here. Allocating 2% to total training, including initial training, is certainly not enough. Under the heading of Enabling Curiosity and Learning, the Policing Authority in its most recent review reported that review of performance is inconsistent and does not focus on outcomes. It points to a gulf with the experience learnt from those on the front line and strategic management in the Garda.
It says that notable examples of excellence are out there, but there is no shared understanding and no learning from these excellent examples. We need to empower leadership at local level in An Garda Síochána and we need to give people the time and the tools to have honest conversations about how an individual station or division is operating. I do not see evidence that such self-examination and learning is happening in An Garda Síochána. In 2015 it was reported that no in-service training was occurring in An Garda Síochána and that a learning strategy was to be developed. Have we made sufficient progress since then? There needs to be a specific audit of how empowered local leaders feel in individual units so that they can lead more effectively.
I agree with the Deputy. There is always more we can do. One of the biggest challenges in providing training over recent years has been ensuring gardaí have the time to take up courses, either during their working time or outside of that. It is about investment in Garda members and ensuring we have the capacity and the ability for members to take time off. This is hugely important. We also must ensure that we have the funding and that gardaí are looking at what type of training is required. The Deputy is right in saying we must ensure it is benchmarked and monitored. A framework within the Garda College looks at programme monitoring, periodic reviews, external examiner reviews, student surveys and internal policy reviews. The overall objective of the framework is to ensure the training that is being provided is doing what it needs to do and, as the Deputy states, we have an understanding that it is working and that people are benefiting from it.
An overall audit is something that could be looked at. Certainly, if there is a need to do more and to identify where the gaps are, such an audit would certainly identify them.
It is essential that we take this more seriously. The reality is that releasing people to attend courses does not deliver improved leadership at local level. Leadership at local level is about leaders having the tools to critically examine what they are doing, to learn from best examples elsewhere, to bring a team with them to make changes, to monitor whether that is happening and to give resources to those who are ambitious. I do not see that happening in our Garda force yet. We need to look very seriously at how it can be done. It is relatively cheap in resource terms compared to many of the other challenges faced by the force.
On the issue of leadership within An Garda Síochána, on Tuesday night there was a very serious incident on Kilmore Road and Churchfield Road in Cork. My concern, and I have actually written to the Minister, to the Commissioner and to the gardaí locally in Cork about this, is that somebody should have made a call that a serious incident was taking place. This goes back to the point about leadership. Who was making the call? Hundreds of young people could not go in and out of their local sporting clubs because a road was blocked for an hour. A car was set on fire, people were injured, and the fire brigade and the gardaí came under attack with fireworks. There is video evidence to show this. A call was not put out in Cork for all available gardaí to come. That goes back to the whole issue of leadership and the structures. This is the second time this has happened on this road in 12 months and the whole question of leadership now needs to be looked at.
I agree with both Deputies. It is absolutely vital that people at senior levels, such as sergeants, inspectors, superintendents, chief superintendents and those at the top or the higher end of the organisation, have the ability to lead and have those qualities and skills. Members often have to make split-second decisions. Obviously, this is easier for those who have the training and have gone through the motions. Leadership training is being developed and delivered. It is looked at in a number of ways but there are taught phases and experiential phases also. There are blended modules, which involve people doing in-class learning while also taking on board practical experience. For any type of leadership training, it cannot just involve sitting in front of a computer. That does not work. There has to be practical experience too. There is always more we can do. There is a training budget and it has increased. The Deputy is correct when he says we need to have full oversight of how it is working and where it can be improved. There is more work that can be done. I accept it is something that should and could be done.
9. Deputy Darren O'Rourke asked the Minister for Justice in regard to delays in probate, what the current waiting time is; how many cases are on a waiting list in 2020, 2021, 2023 and 2024 to date, in tabular form; the average wait time in 2020, 2021, 2023 and 2024 to date, in tabular form; what measures she plans to address this; if there are plans to reopen the office to the public; and if she will make a statement on the matter. [8339/24]
I would like to ask the Minister about the delays in probate. What is the current waiting time? How many cases have been on a waiting list in recent years and to date in 2024? What has been the average wait time in recent years and to date in 2024? What measures does the Minister plan to take to address this? Are there plans to reopen the office to the public? Will she make a statement on the matter?
I thank the Deputy for raising this important question about probate. The Probate Office is an office of the High Court. Management of the courts is the responsibility of the Judiciary and the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998. Probate functions are also carried out by county registrars at district probate registries in 14 provincial court offices. A total of 21,531 applications for probate were received in 2023, while 19,245 were deeded. The Courts Service is dealing with 6,516 probate cases on hand. I will forward a note to the Deputy with full details on waiting times at probate offices for the period requested.
The Minister and I are committed to ensuring the courts are resourced to administer justice equitably, efficiently and effectively and to driving the modernisation and digital first agenda across the entire justice sector. These commitments are reflected in budget 2024, as €183 million has been allocated for the Courts Vote, including capital funding of €67 million. This builds on significant investment in recent years, with a total allocation of €176.5 million in 2023 and €163.9 million in 2022.
In summer 2020, the Courts Service embarked on a large-scale ten-year modernisation programme following business case approval by my Department and the Department of Public Expenditure, NDP Delivery and Reform. As part of this modernisation programme, funding has been allocated to the Courts Service to develop an online probate system called eProbate. The project will deliver a facility to submit and track applications for grants of representation online via a public facing portal. This new digital solution is currently at the early stages of development and will continue to be developed throughout 2024 with an expected public launch and roll-out in the first half of 2025.
I thank the Minister of State. There is a significant problem here and it is reflected in many quarters. According to the 2024 Lisney property outlook, sales of second-hand homes will continue to be affected by lengthy delays in probate and this will impact on the supply of properties to the market. This is creating uncertainty. We see from the Society of Chartered Surveyors Ireland that these delays have frustrated the sale of homes. We know that some grants of probate are now taking up to 22 weeks. We can see - I have some of the recent figures and I know the Minister of State will furnish me with more - that there are significant delays year-on-year. Are there plans to reopen the office? Part of the frustration for solicitors and for people submitting applications is the lack of engagement and communication with the Probate Office. Are there plans to open the face-to-face office?
The public-facing portal will act as a single point of contact for users to submit and track their applications through the entire process. That will speed matters up and will also bring transparency as to where applications are at. 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. At the same time, the Courts Service is aware of the need to reduce waiting times while the eProbate project is under way. In this regard, it is prioritising the recruitment of additional staff to help in this task. While there is a need to balance providing information and support with processing applications, I am informed that the Dublin probate general office will reopen to the public for mornings from 4 March. Additionally, the rules offices will reopen to allow the public and legal professionals to lodge court applications and other legal documents relating to the probate process. These measures are intended to provide greater support to applicants while the digital solution is developed.
It is welcome that the office will open even for some limited hours because its closure has contributed significantly to delays. Is it the case, with regard to the work on the eProbate service, that it will be early 2025 when that will be launched? There is a need for a significant effort in the meantime to address the delays.
Regarding staffing, is there an update or timeline on indicative numbers in terms of workforce planning to address the delays and backlog? It is having an impact on processing house sales in the second-hand market. We have heard today that it also affects affordability if we do not have a steady supply of second-hand homes. If there are barriers, they need to be addressed.
I thank the Deputy. The public roll-out of the launch is expected in the first half of 2025. In the meantime, some public-facing elements are being reopened. The Courts Service is prioritising the hiring of staff. The timeline is as quickly as possible. This type of staff can be difficult to recruit and there is a particular expertise required. In addition, we are in a market where it is difficult to get staff. An official probate office might only have two staff members. If one of those retires suddenly, waiting times can significantly expand. I saw this happen in my county recently. Even one staff member leaving can have a massive impact. I can assure the Deputy that I have heard his concerns and the Courts Service is prioritising this important area.
10. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if there are figures on prison capacity and overcrowding over the past 12 months. [8221/24]
I want to get a sense of the state of prison figures, prison capacity and overcrowding currently evident within the system.
I thank Deputy Ó Ríordáin for raising this important matter. Regarding the figures on prison capacity and overcrowding over the past 12 months, I can inform the Deputy that the courts committed 7,946 people to prison in 2023. This represents an increase of 13% on the equivalent figure of 7,043 in 2022 and 30% on the 2021 figure of 6,133. The overall daily average number of prisoners in custody in 2023 was 4,583. Overall, this represents an 11% increase when compared to 2022 and is 15.4% higher than the pre-Covid benchmark.
On 16 February 2024, there were 4,783 people in prison or 106% of overall capacity. Of these 950, or 19.8%, were remanded in custody awaiting trial for serious offences where bail had been refused by the courts. Over the course of 2023, a total of 3,271 were remanded in custody awaiting trial, an increase of 21% on 2022. From December 2022 to December 2023, there was also a 10.7% increase in sentenced prisoners, with a notable increase in the numbers serving sentences for robbery, extortion and hijacking offences; attempts to murder; assaults and related offences; dangerous or negligent acts; and sexual offences.
As the Deputy is aware, sentencing is solely a matter for the trial judge, having heard all of the circumstances of a case. It will be understood that the Irish Prison Service is obliged to accept custody of all those committed by the courts. The Irish Prison Service is a progressive service with a strong commitment to upholding human rights. However, in the context of current trends, its mission to provide safe and secure custody, dignity of care and rehabilitation to prisoners in order to make communities safer is increasingly challenging. The Irish Prison Service has set out a range of objectives in its 2023-27 strategy in relation to prisoner pathways, including identifying short-, medium- and long-term capacity and policy opportunities to deal with the increase in numbers through the implementation of its national flow plan.
We have too many people in prison. I know politics will tell us we should not care about people who are in prison, but we should. We have more people in prison than we have beds available. Some are lying on mattresses close to toilets. I would not spend a night lying on a mattress close to a toilet and I do not think the Minister of State would either, so I do not think we should expect anybody in the prison system to do that. Those in the prison system say there are far too many people with addiction issues and mental health challenges in prison who do not belong there and far too many people being sent to prison for four months. They cannot engage in prison life or do any sort of educational activity with a four-month sentence. It is a complete waste of everybody's time. The instinctive reaction from the Government when told about prison overcrowding from the Irish Penal Reform Trust is to say that we need more prisons. I would say to the Minister of State that we do not need more prisons; we need fewer prisoners. What is he going to do about it?
I fundamentally disagree that we do not care about those in prison. One only has to look at some of the progress on the work that has been done by this Government over the past four years. We have a very progressive head of the Irish Prison Service in Caron McCaffrey. The Minister, Deputy McEntee, organised a mental health task force jointly with the Department of Health and significant steps have been put in place regarding its recommendations. Along with the Minister, Deputy Harris, I am involved in the prison education task force which is making significant progress. A report was brought to the Cabinet very recently. The reality is that it is a matter for the courts to decide who goes to prison and how long they should serve for any offences committed. Increasingly, through diversion and restorative justice projects, those who can be diverted from prison are being diverted. The reality is that the population is increasing and those who commit serious offences need to be in prison to serve time for their offences.
We also have people out on temporary release in order to relieve pressure on the system. Some of those are violent offenders. Last November, there were 4,641 people in prison, 126 more than there were beds available. The Midlands Prison was at 106% capacity and Clover Hill was at 110% capacity. We do not have space to treat people with dignity. People who are not treated with dignity they will not respect the system and will reoffend. That is patently logical.
We have too many people in prison who do not need to be there. The Minister of State mentioned mental health and addiction. There are far too many people in prison whose reasons for being there are not because of the offences they committed. Fundamentally, they are there because of the mental health or addiction challenges they have. We have to have a conversation about the number of people being sent to prison for four months. The governor of Mountjoy has told me and other Members that such sentences are a complete waste of everybody's time and it is impossible to run Mountjoy Prison on that basis.
It is absolutely recognised that there is a need for additional prison spaces. The aim is that those who deserve to be in prison will be sent to prison and those who can be diverted will be diverted. Regarding mental health, the Minister, Deputy McEntee, led a very important task force which came up with real markers which are being implemented to help those who are in prison to get the mental health supports they need. There is a pilot programme in Limerick, along with the HSE, to work with people who are dealing with addiction and mental health issues who can be prevented from going into prison.
I agree that we need to people keep people from committing crimes in the first place. Where there are mental health issues leading people to commit crimes, there needs to be intervention. Obviously, the Prison Service cannot do that and, quite frankly, neither can the Courts Service. That needs to happen before people end up committing criminal offences. That requires a whole-of-government approach.
11. Deputy David Stanton asked the Minister for Justice the work her Department has undertaken in designing a solution to integrate immigration permissions and employment permits; and if she will make a statement on the matter. [8274/24]
26. Deputy David Stanton asked the Minister for Justice when she intends to report to Government with an implementation plan and associated timelines for the development of a fully integrated single application process for immigration permissions and employment permits; and if she will make a statement on the matter. [8275/24]
I ask the Minister to tell me her plans to integrate the immigration permissions and employment permits system. How advanced is that work and when will we see a decision and action on it?
I propose to take Questions Nos. 11 and 26 together.
I am sure we all agree that migration plays an essential and very positive role in our society and economy. It is vital to addressing labour shortages at all skill levels across the economy and has been a key driver of growth in this country. As the Deputy will be aware, and as he just mentioned, issuing visas and residence permits is the responsibility of my Department while the criteria and conditions for obtaining employment permits are set by the Department of Enterprise, Trade and Employment. The Departments work closely together to ensure that our labour market migration arrangements are fair, efficient and responsive to the needs of Irish society and the economy generally.
We agreed in principle in late 2022 that a single application procedure for employment permits and immigration permissions should be developed and to establish an inter-departmental working group to develop an implementation plan for consideration by the Government. I can advise the Deputy that work has been under way over the last year to examine and reform the current system whereby separate applications have to be made for employment permits and immigration permissions. This reform is with a view to improving the user experience, in particular reducing the length of time involved due to the requirement for two separate processes, enhancing our competitiveness in attracting skilled migrant workers and aligning with EU standards. We are working to design solutions that better integrate the employment permits and immigration permissions processes. A number of process and IT improvements are in progress, which will result in enhanced data collection and quality as well as dual employer-employee access and alignment between the information made available online to applicants from both Departments.
In the short term, we are looking at a range of operational improvements to assist applicants.
These will be introduced over the next 18 months while the wider system is being developed. It will include streamlining fees, removing the duplication of certain checks carried out by both my Department and the Department of enterprise, and reducing the number of documents required at immigration registration by pre-validating certain key documents. Over the medium term, these steps will be built on to develop a fully integrated single application process.
Ultimately, these improvements will mean that a nurse from India, for example, moving to Ireland will have to go through only one application process and pay one fee to complete the requirements to work and live in Ireland. There is the medium-term aspect, therefore, which will take about 18 months, and while I do not have an exact timeframe for the longer one, the work done in the 18 months will speed up the longer term process.
I thank the Minister. I urge her to move that along as quickly as possible, given it has been ongoing for some time.
On the issue of employment permits, we are an outlier in the European Union and, indeed, in much of the OECD world in that there is no direct access for dependants of those with intra-company transfer employment permits. We are the only ones who do not give that access. The Minister of State, Deputy Richmond, tells me the Department of Justice has responsibility for the granting of immigration permissions and he has written to the Minister on this issue. This has been ongoing for some time. He also tells me it is detrimental to the country that this is happening and that we are losing out because of it. What is required to allow the spouses of those with intra-company transfer employment permits to work here, as they can do in all other EU countries, the United States, Canada, Australia, most of South America and everywhere else? I acknowledge we opted out of a European directive, but we do not need to opt in to that to make this happen. What is needed to make it happen?
I agree that spouses or partners of those with intra-company transfer employment permits should be allowed to work. Otherwise, they will be just here. If they can contribute, and many of them have significant jobs and roles, they could contribute whatever it is while they are here. The Deputy is absolutely correct that it is a factor attracting people to come to a country and that we are losing out, as are many sectors. I do not know why the decision was taken at the time but I am reviewing the overall structure. I hope that within a matter of months, although I am trying to get it done as quickly as possible, the review will come to me and I will then be able to make a recommendation. My personal view is that this should change, but we need to look at the reason it was implemented and the implications and use that information to make a decision. That work is under way. A review is taking place but, as I said, I think we need to change the rule and doing so makes sense. It is permitted everywhere else and we are losing out because of it not being permitted here. I think changing it could only benefit us.
I welcome the Minister's commitment to this. The Department of enterprise is on the same playing field as her on this, so it is a matter of the two Departments getting together and making it happen. The Minister might write to me setting out what is required to make it happen. The spouses and partners of those with critical skills visas can work automatically. There is no issue there. It may take no more than the stroke of a pen to allow also the spouses and partners of people who come here under intra-company transfer employment permits to work. As the Minister noted, it would be a win for Ireland, make us a more attractive business destination and boost skills, inclusion and innovation. It would be a win for employers, it would increase the chances of success for that intra-company transfer assignment and the retention of talent, and it would also be a win for the dual-career couple. Is the Minister aware some people decline to come here because their spouse or partner would be at home all day twiddling their thumbs and could not work under our current arrangements? Will she commit to moving on this as quickly as possible, separate to everything else?
I would expect that any changes on this will be much quicker than those in respect of any of the other aspects I referred to. The more medium-term changes will take about 18 months and they will certainly make us more attractive, even for others who come without spouses or partners, but the longer term objective involves the combining of two systems, which will take a little longer. My Department and the Department of enterprise are absolutely committed to that and it is the first hurdle to pass. Everybody wants to get this done.
I will write to the Deputy and outline the obstacles. I do not think significant changes will be required but there may need to be new legislation. We need a vehicle and we need to do it as quickly as possible, but the work is under way. I would like it to be changed, and while I have to wait for the review, I will certainly keep the Deputy updated on it and reply to him directly.
12. Deputy Jennifer Murnane O'Connor asked the Minister for Justice to provide an update on the number of Garda members assigned to the Carlow district. [8241/24]
Will the Minister of State provide an update on the number of Garda members assigned to the Carlow district?
I thank the Deputy for raising this important matter regarding the number of Garda members assigned to the Carlow district. It is an issue she consistently raises in respect of Carlow and Kilkenny.
The unprecedented allocation of more than €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 vital policing work. This funding allows for the continued recruitment of Garda members and staff. While the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the deployment of Garda members throughout the State, I am assured Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends. I understand it is a matter for the divisional chief superintendent to determine the distribution of duties among the personnel available to them.
The Deputy may be aware there was very strong interest in the recent Garda recruitment campaign, with almost 6,400 people applying to become a member. The recruitment process is continuing to identify candidates to enter the Garda College over the coming period. Furthermore, the Garda Commissioner has confirmed he has requested the Public Appointments Service to undertake a Garda Reserve competition at the earliest possible date, which is envisaged to be in the coming weeks.
There are currently around 14,000 Garda members in the country. A total of 388 new gardaí attested in 2023 and were allocated to Garda stations nationwide, while 746 trainees entered Templemore in 2023, the highest number since 2018.
As of 31 December 2023, 101 Garda members had been assigned to the Carlow district. This comprised 82 gardaí, 15 sergeants, three inspectors and one superintendent. As of the same date, 312 Garda members assigned to the Kilkenny-Carlow division were working alongside 45 Garda staff. Garda staff play a vital role within the organisation, carrying out a variety of duties and helping to free up Garda members to focus on front-line policing duties.
I thank the Minister of State. In August 2023, it was reported that Carlow-Kilkenny Garda district had the third fewest Garda members per capita, at 312. Of these, only 107 Garda members are assigned to one of the six Carlow stations, down from 116 in 2017 and 113 in 2019. Additionally, only 15 Garda staff have been assigned to Carlow. Garda staff are essential in freeing gardaí from desk duties, allowing them to go back into our community. If we want to build stronger, safer communities, we need sufficient and sustained numbers of both Garda members and Garda staff. This has become a significant issue. We really are under-resourced, as I know because I work with the Garda very well and attend all the joint policing meetings every few months. I appreciate that the Minister of State always says this is not his remit, but Carlow needs more Garda members.
The Deputy deserves to be commended on continuing to fight the good cause for more Garda members for County Carlow. As I said, it is a matter for the Garda Commissioner, but I can say on behalf of the Government, the Department of Justice and the Minister that record funding is being provided and training to the maximum extent is being undertaken in Templemore. More gardaí are being recruited and as they graduate, they will be dispersed throughout the country. It is a matter for the Garda Commissioner but I have no doubt County Carlow will get its fair share of the number of gardaí it needs and deserves. We recognise that more gardaí are needed and we will continue to deliver them.
I welcome that. I understand 746 trainees entered Templemore last year, representing the highest intake to the Garda College since 2018, which is welcome. Even so, in 2020, ten graduates were assigned to the Carlow district but that fell to two graduates in 2021, five in 2022 and three in 2023. We really need to address this. I understand and welcome the ongoing recruitment campaign and we will, I hope, see higher numbers go into Templemore.
Everything is changing. The world is changing. The population of Carlow, according to the most recent census data, increased by 9%, which makes it one of the fastest growing counties in the country. We need more gardaí on the ground. Community policing has a huge role to play in the context of safety. As already stated, I can only compliment gardaí in Carlow on their great work. We need more of them, however.
Deputy Gould has a short supplementary question.
I will be brief. There are not enough gardaí in Cork either, and the figures show that. In 2022, there were 734 gardaí in the county. By December 2023, there were only 699. Cork got one additional garda from the group of recruits that came out of Templemore. There was a serious incident in my community on Tuesday night. Six gardaí responded but there were over 200 young people involved. It is getting to the stage where it is dangerous for gardaí. A member of An Garda Síochána asked a Sinn Féin public representative if the party could do anything to get more gardaí for Cork. Gardaí are under pressure and for the first time they are being targeted. The shortage of gardaí means that they are at risk. This is true not only of gardaí but also of ambulance drivers and fire fighters. We need more gardaí in Cork.
It is recognised that more gardaí are needed across the country. That is why there is a significant recruitment campaign taking place and why record levels of funding have been provided for to recruit gardaí and additional civilian staff to allow for the freeing up of more officers.
It is important to point out that probationary gardaí are not the only ones who go into counties. In some cases, a county may get very few probationary gardaí because additional experienced gardaí are being transferred in. We have to look at the number of gardaí going into a county in any one year in the round, not just at the numbers of probationary gardaí. Often, it is experienced gardaí that chief superintendents prefer. That said, we hear the Deputies and will continue with the significant recruitment campaign that is already happening.
