Written Answers Nos. 354-378
354. Deputy Roderic O'Gorman asked the Minister for Justice and Equality if he will consider amending the legislation regarding adoptive leave to make provision for one of the fathers of an adopted child to take adoptive leave in a situation in which the adoption is being undertaken by a male same-sex couple; and if he will make a statement on the matter. [4299/20]
Amharc ar fhreagraOn 22 October 2019, the Government approved the priority drafting of provisions on adoptive leave with a view to their inclusion in the earliest appropriate bill. These provisions will give all adopting couples, whether same sex or opposite sex, the right to select which of them will be the qualified adopter, i.e. which of them will get adoptive leave and benefit.
Drafting of the provisions was ongoing and it was intended to include them in the Social Welfare (No. 2) Bill but this was not ultimately feasible. It will be a matter for the incoming Government as to whether the amendments should be a priority in its legislative programme, whether as a stand alone piece of legislation or otherwise.
355. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the supports which exist for members of the LGBTIQ community that are within the direct provision system; the supports available across each direct provision centre; and if he will make a statement on the matter. [4300/20]
Amharc ar fhreagraAs the Deputy will be aware, Minister Flanagan and I launched Ireland’s National LGBTI+ Inclusion Strategy 2019 – 2021 on 28 November last.
The Strategy contains over 100 actions that are aimed at promoting inclusion, protecting rights and improving the quality of life and wellbeing of LGBTI+ people. It reflects the commitment in the Programme for Government to create an equal, fair and inclusive society for all, to target discrimination and to enable LGBTI+ people to overcome the barriers they face.
The development of this Strategy was underpinned by a robust consultation process from October 2018 until February 2019 including a series of regional and thematically focused workshops. Specific workshop sessions were organised for international protection applicants, migrants and refugees.
Accordingly, the Strategy recognises the vulnerability of LGBTI+ people within the International Protection process and commits to measures to ensure they are treated sensitively and provided with appropriate supports over the course of the Strategy.
These measures include the introduction of new National Standards for our accommodation centres. The National Standards, published last August last year, were developed with UNHCR Ireland and members of the NGO community. The Standards are being implemented in new centres that are being contracted at present.
One of the Standards, which will benefit members of the LGBTI+ community in our accommodation centres, will be the need for continuous training to improve the service for all living in the centre, and confidential information provision through leaflets and posters in order to promote dignity.
I can also inform the Deputy of some current measures in place in our centres.
A Policy and Practice Document on safeguarding residents against Domestic, Sexual and Gender-based Violence & Harassment is implemented in our accommodation centres, which includes safeguarding residents from harassment or violence based on their sexual orientation.
The International Protection Accommodation Service of my Department (IPAS ) have staff present at the International Protection Office when a person first applies for International Protection. Should an applicant require accommodation or other services, IPAS determines the most suitable accommodation based on the needs of each individual or family group. Where a person discloses their self-determined identity to IPAS, they are, in so far as is possible and practicable, assigned accommodation based on their needs. This determination may include the provision of shared accommodation with a partner who is also seeking accommodation or being accommodated within the Direct Provision system. This would, of course, only apply where this information is disclosed.
At any time during their stay in an accommodation centre, a resident has the option to request a transfer to a more suitable centre. The policy of the IPAS is to promote equality, prevent discrimination and protect the human rights of all residents. Staff working in accommodation centres receive regular training to equip them with the skills to support all residents.
The IPAS liaises with State and NGO support agencies to assist our residents who may need guidance or support. In this regard, LGBT Ireland work with residents in our centres who identify as LGBTI.
Since 2018, LGBT Ireland has facilitated a monthly peer support group for LGBTI+ people in the International Protection process. Is Rainbow Muid continues to be active and provide vital supports to LGBTI+ people living in our accommodation centres at this time.
I can also advise the Deputy that IPAS together with the Inclusion, Equality and Gender Equality Unit of my Department are in the process of developing a broad LGBTI+ policy, which will include a transgender accommodation policy to promote equality, take account of people's self-determined identity and ensure that the safety and wellbeing of all residents is also promoted.
It had been hoped that the LGBTI+ policy for IPAS would be finalised by the end of the first quarter of this year. Unfortunately, this was not possible due to the Covid-19 crisis. However, important contacts have been made between IPAS and support agencies in the LGBTI community and a meeting between LGBT Ireland and IPAS took place at the beginning of March 2020. Further meetings with TENI and BelongTo will be arranged soon.
356. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the position regarding the implementation of the report of the Commission on the Future of Policing in Ireland; and if he will make a statement on the matter. [4301/20]
Amharc ar fhreagraIn December 2018, Government published A Policing Service for our Future (APSFF) – the 4-year Plan (2019-2022) to implement the Report of the Commission on the Future of Policing in Ireland – The Future of Policing in Ireland.
The plan is a living document and I understand that throughout the implementation process, it is reviewed and updated, to maintain ambitious but realistic commitments and timeframes. Inevitably, Covid-19 has impacted on some areas. However, I understand that the implementation group is continuing to work with key stakeholders to identify and agree priority actions for implementation and is actively engaged in ensuring continued momentum on the key reforms, in so far as possible under the current circumstances.
I am pleased to inform the Deputy that much has already been achieved under the Plan. For example:
- The roll-out of a new Operating Model for An Garda Síochána has commenced. This model is designed to streamline Garda administration and to provide a more visible, responsive and localised policing service to communities nationwide;
- An Garda Síochána has established and strengthened resourcing of a Human Rights Unit and re-established the Strategic Human Rights Advisory Committee;
- The National Security Analysis Centre has been established and the Director appointed;
- In 2019, approximately 600 new Garda recruits attested and were assigned to frontline policing duties nationwide. In addition, An Garda Síochána recruited almost 750 Garda Staff. This has allowed approximately 600 Gardaí to be reassigned from administrative to frontline operational policing duties where their training and expertise can be used to best effect; and
- The Industrial Relations (Amendment) Act 2019 has been enacted which gives Gardaí access to the Workplace Relations Commission for the first time and provides for a modern industrial relations framework within An Garda Síochána.
There is also ongoing progress on legislative reform, in particular:
- Government has given approval for legislation to be drafted by my Department to underpin the use of recording devices (including body worn cameras) and for the codification of legislation defining police powers of arrest, search and detention;
- Work is well advanced in my Department on the development of the General Scheme of the Policing and Community Safety Bill to provide a new coherent framework for the governance and oversight of An Garda Síochána.
Implementation of the Plan is overseen by a dedicated Policing Reform Implementation Programme Office (PRIPO) in the Department of the Taoiseach. The Implementation Group on Policing Reform (IGPR), with Helen Ryan, former member of the Commission, as its independent Chair, has collective responsibility for the delivery of the Plan. Its core membership comprises senior officials from the organisations most closely involved in driving the reform programme – An Garda Síochána; the Department of Justice and Equality; the Department of the Taoiseach; and the Department of Public Expenditure and Reform. Senior representatives of other relevant Departments and Agencies are also involved in this Group’s work.
A High Level Steering Board, chaired by the Secretary General to the Government, is in place to help guide the work of the IGPR and to act as a clearing house for issues that cannot be resolved by the IGPR, or where particular blockages are being experienced in the implementation of the Plan. Cabinet Committee F provides political oversight of the implementation of the Plan.
The measures mentioned above represent only some of the wide range of actions being progressed under A Policing Service for our Future . Further information on progress and updates can be found at the following link https://www.gov.ie/en/campaigns/065724-policing-reform/
357. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the position regarding Ireland signing up to the Optional Protocol to the Convention against Torture; and if he will make a statement on the matter. [4302/20]
Amharc ar fhreagraAs the Deputy is aware, Ireland has ratified the UN Convention against Torture and has signed but not yet ratified the Optional Protocol to the Convention against Torture (OPCAT).
The Optional Protocol is preventive in nature and provides for the establishment of National Preventive Mechanisms which would inspect facilities where persons can be held involuntarily.
Legislation is required before the Optional Protocol can be ratified and my Department is drafting the General Scheme of that legislation.
As the Deputy will appreciate, consultation has been necessary with a wide range of stakeholders on this matter, given that the Optional Protocol impacts on a number of sectors. My Department is liaising with key stakeholders, including the Irish Human Rights and Equality Commission, in relation to the proposed model of National Preventive Mechanisms.
When drafting of the General Scheme is completed, it will be circulated to stakeholders for their comments, before submission to Government for approval. Subject to Government approval, it is expected that the General Scheme will be transmitted to the Office of the Parliamentary Counsel for formal drafting before the end of 2020.
358. Deputy Roderic O'Gorman asked the Minister for Justice and Equality his plans to review the provisions of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 with a view to broadening the range of convictions which can be considered as spent; and if he will make a statement on the matter. [4303/20]
Amharc ar fhreagraThe Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 came into force four years ago. As the Deputy will appreciate, there was extensive consultation and scrutiny both within the Oireachtas and with other stakeholders in the period before enactment of the Act. The Bill, as it was then, was amended several times as it progressed through the Houses of the Oireachtas, and these amendments considerably expanded the scope of the Bill to the extent that it was estimated at the time that approximately 80 to 85% of all criminal convictions would become spent after 7 years.
However, all legislation is kept under review and I am conscious of the case for keeping the application and scope of this Act under review.
My Department is continuing work on identifying and assessing the possible implications of the recommendations of the October 2019 report of the Joint Committee on Justice and Equality on spent convictions. My Department will also continue to carefully consider the effectiveness and balance of the Act, so that the fairest possible outcomes can be achieved for the public.
In that regard, the Deputy may be aware that the Government did not oppose a Private Members Bill on this subject at Committee Stage in the Seanad in November 2019. The Criminal Justice (Rehabilitative Periods) Bill 2018 proposed to amend and considerably extend the 2016 Act and the implications of any such changes would require careful analysis and consideration. Whether that Bill will be reintroduced is a matter for the incoming Government to decide.
359. Deputy Aindrias Moynihan asked the Minister for Justice and Equality if a meeting has taken place with groups involved in advancing the bundle of new Garda stations including Macroom, County Cork to which he referred to in Dáil Éireann on 12 December 2019; if so, the persons or bodies that participated in this meeting; the outcome of the meeting; and if he will make a statement on the matter. [4328/20]
Amharc ar fhreagraAs the Deputy will be aware, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW.
The Garda Building and Refurbishment Programme 2016-2021 programme is based on agreed Garda priorities and benefits over 30 locations around the country, underpinned by significant Exchequer funding across the Garda and OPW Votes. The programme includes a major Public Private Partnership project. The goal of this investment is to address deficiencies in the Garda estate and provide fit-for-purpose facilities for Garda members and staff as well as the public interacting with them.
Public Private Partnership (PPP) projects are progressed under the auspices of the National Development Finance Agency (NDFA). My Department, An Garda Síochána, the OPW and the NDFA are working closely in order to progress the PPP included in the Garda Building and Refurbishment Programme.
The meeting referred to by the Deputy has taken place. The meeting was convened by my Department, along with representatives of An Garda Síochána, OPW and the NDFA. A further meeting also took place, during February, to progress the project further.
In terms of the current status of the project, I can confirm that following Garda review of its accommodation requirements, including in the context of the new Operating Model, it was decided that the PPP will now proceed in order to deliver new stations in Macroom and in Clonmel only.
I understand from the Garda authorities that a separate programme of work is beingundertaken by AGS to address the accommodation needs in Sligo and to ensure that this station meets the future operational requirements of Garda members, staff and the public who use it. This is in addition to remedial work which has already taken place at the station, to resolve urgent accommodation issues.
360. Deputy Duncan Smith asked the Minister for Justice and Equality the status of the reopening of the Garda station in Rush, County Dublin; and if he will make a statement on the matter. [4338/20]
Amharc ar fhreagraThe Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are therefore progressed by the Garda authorities working in close cooperation with the OPW.
I am informed by the Garda authorities that the refurbishment of Rush Garda Station has been substantially completed and that the OPW expect to be in a position to hand over the Garda Station in the coming weeks following connection to the electricity grid. After handover of the building by the OPW to An Garda Síochána, internal fit-out of the station, including ICT and furniture, will be required before the station can be reopened.
361. Deputy Colm Burke asked the Minister for Justice and Equality the status of an application for citizenship by a person (details supplied); and if he will make a statement on the matter. [4377/20]
Amharc ar fhreagraAn application for a certificate of naturalisation was received on 24 May 2018 from the person referred to. This application is currently being processed with a view to establishing whether they meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, competing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
362. Deputy Thomas Byrne asked the Minister for Justice and Equality the status of the recognition of foreign divorces as was contained in the referendum held on 24 May 2019; and if he will make a statement on the matter. [4386/20]
Amharc ar fhreagraThe Domicile and Recognition of Foreign Divorces Act 1986 governs the recognition of foreign divorces granted on or after the coming into operation of the Act on 2 October 1986. Section 5 of the 1986 Act provides that a foreign divorce may only be recognised in Ireland if it was granted in the country where either spouse was domiciled on the date the divorce proceedings were instituted. The determination of “domicile” includes an assessment of the intention of the person to remain indefinitely in the foreign jurisdiction. Recognition of foreign divorces granted prior to the coming into operation of the 1986 Act on 2 October 1986 is governed by common law domicile rules which are now consistent with those in the 1986 Act.
The recognition in Ireland of a divorce, legal separation or marriage annulment granted in another EU Member State on or after 1 March 2001 is governed by EU Council Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (also known as the Brussels II bis or the Brussels IIa Regulation). This Regulation provides for EU judicial co-operation and recognition and enforcement of judgments in cross-border matrimonial matters. Under the Regulation, divorces, legal separations or marriage annulments granted in all EU States, with the exception of Denmark, are entitled to recognition if granted in accordance with jurisdictional criteria specified in the Regulation. Habitual residence is the key governing criterion for recognition. The Domicile and Recognition of Foreign Divorces Act 1986 no longer applies to the recognition of divorces covered by the Regulation.
Where there is an issue as to whether a foreign divorce is entitled to recognition, section 29 of the Family Law Act 1995 allows a person to apply to court for a declaration as to marital status, including a declaration as to whether a foreign divorce is entitled to recognition in the State.
The Thirty-eighth Amendment of the Constitution (Dissolution of Marriage) Act 2019 was signed into law on 11 June 2019 following its approval by the people in a referendum on 24 May 2019.
That Act deleted the following subsection from Article 41.3 of the Constitution:
“3° No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under the law for the time being in force within the jurisdiction of the Government and Parliament established by this Constitution shall be capable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to the marriage so dissolved.”,
and substituted that subsection with the following:
“3° Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.”
The amendment will allow a change in the law to introduce greater consistency in the recognition of foreign divorces. The current law on recognition of foreign divorces has remained as it is was before the Thirty-eighth Amendment of the Constitution as The Law Reform Commission, as part of its Fifth Programme of Law Reform, is examining recognition of foreign divorces. When the expert report of the Law Reform Commission is completed, it will provide valuable guidance for the development of proposals for legislation to introduce greater consistency in the recognition of foreign divorces.
Part 3 of the Family Law Act 2019 provided for the recognition of divorces, legal separations and marriage annulments granted under the law of the United Kingdom, in the event of the withdrawal of the United Kingdom from membership of the European Union occurring without an agreement between the United Kingdom and the European Union under Article 50 of the Treaty on European Union setting out the arrangements for such withdrawal. As the Deputy will be aware, the UK withdrew from the EU on 31 January 2020 with such an agreement in place. Part 3 of the Family Law Act 2019 will therefore not be commenced. Issues relating to the recognition in Ireland of divorces granted in the UK after the end of the transition period are currently under consideration in my Department.
363. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if a matter (details supplied) in relation to citizenship will be addressed; and if he will make a statement on the matter. [4401/20]
Amharc ar fhreagraMy Department has no record of an application for a certificate of naturalisation from the person referred to by the Deputy.
Furthermore, statistics are not compiled in the manner sought by the Deputy and, as such, I am not in a position to provide the requested information.
364. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the status of the review of the permitted absences under the residency criterion for an application for a certificate of naturalisation as laid out in the Irish Nationality and Citizenship Act 1956; and if he will make a statement on the matter. [4402/20]
Amharc ar fhreagraThe review of the continuous residence provision in the 1956 Act referred to by the Deputy is ongoing within my Department. It is my preference to modernise the provisions to reflect the realities of modern life. Any action required on foot of this review will be considered when the review is completed.
365. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the number of domestic victims that have presented to State services in 2018, 2019 and to date in 2020, by county in tabular form; and if he will make a statement on the matter. [4430/20]
Amharc ar fhreagraThe information requested by the Deputy is currently being compiled and I will write to him directly when it is available.
366. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the steps being taken by the INIS in view of the decision by the European Court of Justice in relation to a case (details supplied); and if he will make a statement on the matter. [4505/20]
Amharc ar fhreagraThe Department is currently finalising the amendment of the European Communities (Free Movement of Persons) Regulations 2015 to fully bring them in line with the ruling of the European Court of Justice (ECJ) in the Chenchooliah case. The Immigration Service of my Department is also finalising a removal procedure for the persons who come, or have once come, within the provisions of the Free Movement Directive.
As soon as the regulations are amended and the removal procedure has been finalised the Immigration Service will be in contact with the various persons whose cases are impacted by the ruling, and their legal representatives.
368. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of persons assisted under the community sponsorship Ireland scheme for refugees; the number of applications on hand; and if he will make a statement on the matter. [4635/20]
Amharc ar fhreagraI established the Community Sponsorship Programme on 15 November 2019 following a successful pilot programme, which commenced in December 2018. Under the pilot phase, five communities (Dunshaughlin, Midleton, Carrigtwohill, Kells and Lismore) welcomed refugee families to their areas. The five refugee families comprised of 17 people in total and both the refugees and local communities have reported very positive experiences.
The Community Sponsorship Ireland Programme is a complementary refugee resettlement stream to the traditional state-centred model. The key feature of this programme is that it is based on the establishment of a group of people in a community who commit to support a family in their area.
The refugee families have been recognised as refugees by the UNHCR and arrive in Ireland following vetting and orientation organised by my Department and overseen by the Irish Refugee Protection Programme (IRPP).
The Irish Refugee Protection Programme (IRPP) was established by Government Decision of September 2015 as a key part of Ireland’s response to the global humanitarian migration crisis. It committed Ireland to accept 4,000 persons under various strands, including the EU Relocation Mechanism and UNHCR-led Resettlement Programme. As of 30 December 2019, 3,206 persons have arrived under the IRPP, inclusive of those who were resettled under the Community Sponsorship programme.
It is up to these community groups to access accommodation locally for these families and support them as they access services. All refugees are fully entitled to health, education and social welfare services, but the community groups support the families in navigating these services.
To date, eight refugee families (30 individuals) have arrived in Ireland under Community Sponsorship and have been warmly received by their host communities. A further nine communities have been approved as Community Sponsors Groups and are now actively undergoing required training through their respective Regional Support Organisation. An additional application has been received from a community organisation and is currently awaiting recognition as a Community Sponsorship Group.
Community Sponsorship has been successfully operating in Canada for over 40 years and research from that country shows better outcomes for the refugees. The Irish model has been developed in cooperation with the Refugees and Citizenship Canada (IRCC), the UNHCR and civil society organisations including the Irish Red Cross, NASC, the Irish Refugee Council and Amnesty International Ireland.
To further promote the programme, an information leaflet was distributed to Councillors throughout the country together with an accompanying letter seeking their support in positively promoting the programme in their local communities. The information leaflet was also distributed to all TDs and Senators. The leaflet outlines the benefits of the programme, for communities and refugees alike.
To provide supports for groups wishing to set up a Community Sponsorship Group in their area, funding is being provided for a number of Regional Support Organisations based around the country. I hope that more communities will come forward and support this rewarding initiative, which empowers refugee families and local communities alike.
369. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when he plans to introduce legislation to amend the personal insolvency legislation in line with recommendations arising from the section 141 consultation process; and if he will make a statement on the matter. [4660/20]
Amharc ar fhreagraI refer the Deputy to the detail of my answer to his parliamentary question on this matter in March of this year. In addition, my Department is currently engaged in preparatory work for two sets of legislative changes which are relevant to the Deputy’s question.
Firstly, my officials are considering certain specific formal or procedural statutory requirements which may be difficult or impracticable to comply with due to COVID-19 restrictions, including a small number of requirements under the Personal Insolvency Acts. Subject to Government formation and to reconstitution of both Houses of the Oireachtas, the intention is to bring forward for Government approval, a short urgent Bill, in order to make any necessary amendments as soon as possible.
Secondly, as the Deputy is aware, my officials are already working to complete the major statutory review of the Personal Insolvency Acts, following the earlier public consultation already held, and now, in addition, to ensure that this review will also take full account of the latest developments and particularly, the significant economic effects of the Covid-19 outbreak.
I expect the review report to be finalised by September, following further consultations with the Department of Finance, as required by s. 141 of the Acts, and with the Office of the Attorney General. That timetable, as the Deputy will appreciate, is of course subject to the legislative priorities that will be decided in the new Programme for Government.
370. Deputy Frankie Feighan asked the Minister for Justice and Equality the estimated cost of increasing Garda strength to 16,000; and if he will make a statement on the matter. [4665/20]
Amharc ar fhreagra371. Deputy Frankie Feighan asked the Minister for Justice and Equality the estimated cost of recruiting an additional 2,000 Garda civilian staff; and if he will make a statement on the matter. [4666/20]
Amharc ar fhreagraI propose to take Questions Nos. 370 and 371 together.
The Garda Commissioner is the accounting officer of An Garda Síochána and is statutorily responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including human resource matters. As Minister, I have no responsibility for these matters. I am assured however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to their optimum use.
I am informed by the Garda authorities that as at 30 April 2020, there are 14,714 Garda Members. This figure includes the Garda trainees from two separate intake classes who attested earlier than scheduled on Friday, 20 March, which was an operational decision taken by the Garda Commissioner in order to augment An Garda Síochána's response to Covid-19.
As the Deputy will appreciate, the number of Garda members changes in line with recruitment and retirements. However to be of assistance I have can provide detail to the Deputy on the estimated cost of increasing the Garda strength by 1,000 members.
I am advised by Garda management that the estimated cost of recruiting an additional 1,000 Garda members would be approximately €23.3m in a full year.
I should point out that the Garda authorities note that this estimated figure relates to the costs of newly attested Gardaí only. It may be noted in addition that payroll costs for new Garda recruits include a basic allowance of €184 per week. After 32 weeks of training, Garda recruits are attested and move on to the first point of the Garda pay scale. The overall estimate provided includes Employer's PRSI and an estimation of allowances which Garda members may qualify for depending on their assignments. The annual cost of these additional recruits would continue to increase as the members move up the Garda Pay scale each year. This estimated costing does not take into account any pay rises occurring after 1 January 2021.
I am further informed by the Garda authorities that as of 30 April 2020, there are over 3,000 Garda staff undertaking administrative, professional, technical and industrial support duties in the organisation. The current objective was to increase that to 4,000 in 2021.
I am informed that such staff positions range from clerical support and financial management functions to senior management, including specialised roles in HR, IT and telecommunications, as well as finance and procurement, internal audit, communications, research and analysis, accommodation, scene-of-crime support and legal and medical services. Large numbers of Garda staff also work in key operational areas including the Central Vetting Bureau, the Information Service Centre, the Fixed Charge Processing Office and the Command and Control Centre.
Bearing in mind this broad range of duties, I am advised by the Garda authorities that the estimated cost of employing an additional 2,000 Garda staff would be approximately €90m in a full year, on the basis of an average estimated cost per civilian employee of approximately €45,000, including employer costs such as PRSI.
It should be noted that these estimated figures do not take into account the considerable additional costs that would be incurred in respect of accommodation, ICT, overtime and so on, if the Garda member and staff strengths were raised to the levels queried by the Deputy.
372. Deputy Frankie Feighan asked the Minister for Justice and Equality the estimated cost of establishing a criminal justice inspectorate here based on the model in Northern Ireland. [4672/20]
Amharc ar fhreagraThe Deputy will appreciate that the cost of any body such as a Criminal Justice Inspectorate would be dependent on the nature and extent of its statutory remit.
In the circumstances, it is not possible to provide an estimate of the costs of establishing such a body, without detailed consideration of its possible role and the resources which would be required to fulfil any mandate given to it.
373. Deputy Frankie Feighan asked the Minister for Justice and Equality the estimated cost of each additional Garda youth diversion project; and if he will make a statement on the matter. [4673/20]
Amharc ar fhreagraThe Garda Youth Diversion Programme is supported by a network of Garda Youth Diversion Projects (GYDPs). The projects are community-based, multi-agency crime prevention initiatives which seek to divert young people who have become involved in crime or anti-social behaviour and to support wider preventative work within the community and with families at risk.
There are currently 105 Garda Youth Diversion Projects in place throughout the State. Funding ofapproximately €18 million is being provided by my Department in 2020. This funding supports approximately 265 FTE youth justice worker posts, though it should be noted that this number can vary throughout the year for a variety of reasons, including leave, and the inclusion of part time workers in the figure.
Considerable progress has been made in the last two years to extend the Garda Youth Diversion Project network to ensure that the service is available throughout the State. This has been achieved by extending existing project catchment areas and allocation of additional staff. There are a small number of areas where this approach would not be suitable and these are being considered for the establishment of new projects instead.
Catchment areas for projects are determined in consultation with local community groups, members of An Garda Síochána and other stakeholders on a case-by-case basis. As the GYDPs have evolved organically since their inception, catchment areas vary depending on the project’s background and local needs. Consequently, it is not possible to provide a standard estimate of the cost of additional projects.
It may also be noted that in recent years, the GYDP model has been developed and extended, with a renewed emphasis on family support and early intervention/preventative work, as well as on working with harder-to-engage young people, including those not suitable for the Garda Diversion Programme. Where any new projects are being established, the minimum core of the project will now include 2 youth justice workers, a family support worker, an early intervention support worker and an outreach worker to engage with harder-to-reach young people.
In relation to future policy in this area, I have chaired an expert steering group over the past twelve months to lead my Department's work developing a new Youth Justice Strategy and I expect a draft of the Strategy to be published in the near future for a further round of consultations, with a view to it being finalised and published thereafter.
The new Strategy will include a focus on how youth justice policy can more closely align to other child and youth policies, including targeted policies to support children and families who experience multiple disadvantage and links between schools and other services and programmes. A particular priority is responding effectively to the needs of the harder-to-engage cohort of children and young people. The Strategy will include measures to address fragmentation within current services and programme delivery at local and national level so as to support a holistic response to the needs of particular children at risk, in the specific family and community context, rather than separate responses to different aspects of need at different ages and stages of the family cycle.
374. Deputy Peter Burke asked the Minister for Justice and Equality the estimated cost to the Vote of his Department if the rate of employer PRSI was increased to 15.75% for the portion of salaries over €100,000; and if he will make a statement on the matter. [4706/20]
Amharc ar fhreagraI wish to advise the Deputy that the estimated cost to my Department of an increase in employer PRSI to 15.75% for the portion of salaries over €100,000 is €32,681. The basis of this estimate is set out below.
Total Salaries for Officers earning more than €100,000 (Note 1) = €2,895,343
At Current Rate (Note 2)
Total salary @ 11.05% on €2,895,343 = €319,935
At Increased Rate
First €100,000 @ 11.05% on €2,200,000 = €243,100
Portion over €100,000 @ 15.75% on €695,343 = €109,516
Total = €352,616
Difference/Cost
Increased €352,616 - Current €319,935 = €32,681
Notes:
1. There are currently 22 officers on a salary higher than €100,000
2. Employers pay 11.05% Class A employer PRSI on weekly earnings over €395 as of 1 February 2020
375. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of vacancies in the emergency response unit and the unit’s response to the concerns raised by the Garda representative unit by letter sent in January 2020; and if he will make a statement on the matter. [4709/20]
Amharc ar fhreagraI am advised by the Garda authorities that the personnel numbers and other details of the Emergency Response Unit (ERU) are operationally sensitive. As such, it would not be appropriate for me to comment on that matter.
I also understand that the letter referred to is one which was not addressed to me as Minister, and I am unable to comment on it.
However and in general I can say that An Garda Síochána has been allocated an unprecedented budget of €1.88 billion for 2020. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation. We now have over 14,700 Gardaí nationwide, supported by over 3,000 Garda staff. This represents the highest level of Garda personnel in the history of the organisation and these numbers are continuing to grow. The best use of these resources including the deployment of these personnel is, in accordance with the Garda Síochána Act 2005, a matter for the Garda Commissioner who holds statutory responsibility for the management and control of An Garda Síochána.
376. Deputy Robert Troy asked the Minister for Justice and Equality if a deportation order will be lifted against a person (details supplied). [4764/20]
Amharc ar fhreagraI can inform the Deputy that the person concerned is the subject of a Deportation Order signed on 29 November 2019. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of Deportation Orders are a matter for the Garda National Immigration Bureau.
Representations have since been received on behalf of the person concerned requesting that the Deportation Order be revoked, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended). This request will be considered as soon as possible. It is not possible to provide a definitive time-frame within which a particular application will be decided. The person can be assured that there will be no avoidable delay in having their case brought to finality.
A decision will then be made to either "affirm" or "revoke" the existing Deportation Order. This decision will be communicated in writing. In the meantime, the Deportation Order remains valid and in place.
The person concerned was required to present themselves at the Offices of the Garda National Immigration Bureau on 24 March 2020, to make arrangements for their deportation from the State. However, the Registration Office in Burgh Quay and all Registration Offices for non-Dublin residents operated by An Garda Síochána have temporarily closed due to COVID-19. Consequently, the requirement to present to the GNIB on foot of a Deportation Order is temporarily suspended and the GNIB will make contact once the restrictions have been lifted.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
377. Deputy Peter Burke asked the Minister for Justice and Equality if a person (details supplied) will be appropriately relocated; and if he will make a statement on the matter. [4804/20]
Amharc ar fhreagraI can inform the Deputy that the person concerned attended an IRPP (Irish Refugee Protection Programme) clinic in January 2020 and conveyed their concerns.
They were informed that their extended family had been resettled several years earlier, prior to the arrival of the applicant's family in the State in December 2019. They were further informed that the Westmeath Refugee Resettlement Programme has now concluded and that no further resettlements were expected.
Finally, I can confirm the applicant and his wife and children have been allocated housing in Co. Wicklow.
378. Deputy Anne Rabbitte asked the Minister for Justice and Equality the status of funding being provided to an organisation (details supplied); if a long-term plan is in place for funding to be provided; if funding is being provided to enable disabled persons organisations to partake in meetings with a centre as part of the shadow reporting process under UNCRPD; and if he will make a statement on the matter. [4810/20]
Amharc ar fhreagraThe Department of Justice and Equality currently does not have any direct funding streams available to support non-governmental organisations (NGOs) working in the area of disability but has instead provided funding to the National Disability Authority to run a disability awareness funding programme for NGOs.
In addition, under the recently published Mid-Term Review of the National Disability Inclusion Strategy, the Department of Justice and Equality has committed to rolling out a consultation and participation model. Its objectives are to build capacity within NGOs so that people with disabilities can be actively included in consultation and policy development processes. The model is currently being developed. Once developed, funding will be available to NGOs to support people with disabilities to take part in consultation processes. Details of how to apply for such funding will be published in the coming months.
