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Gnáthamharc

Tuesday, 23 Jun 2020

Written Answers Nos. 301-320

Pupil-Teacher Ratio

Ceisteanna (301)

Richard Boyd Barrett

Ceist:

301. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if the pupil-teacher ratio will be reduced across each school in order to ensure the health and safety of both teachers and students and a return to school in September 2020; his plans to recruit teachers and find extra accommodation to allow this to happen; and if he will make a statement on the matter. [12681/20]

Amharc ar fhreagra

Freagraí scríofa

On 12 June, my Department published the report to Government “Planning for reopening schools in line with the Roadmap for reopening society and business” https://www.education.ie/en/The-Department/Announcements/framework-for-reopening-and-operating-schools.html.

The report sets out the clear ambition to develop a sustainable plan to fully reopen schools at the start of the next school year in late August/September in line with normal timeframes.

The report also sets out in brief the contingencies that must be considered, during the coming period in the context of Covid-19. This also includes measures in relation to social distancing which will be informed by the development of guidance in relation to infection prevention and control in schools. These contingencies and guidance will be worked through in detail in the coming weeks with education partners and stakeholders to ensure that the return to school is safe for children and staff.

Citizenship Applications

Ceisteanna (302)

Michael Healy-Rae

Ceist:

302. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a citizenship application by a person (details supplied). [12134/20]

Amharc ar fhreagra

Freagraí scríofa

An application for a certificate of naturalisation was received from the person concerned on 10 May 2019. This application continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of citizenship through naturalisation and will be submitted to me for decision as expeditiously as possible. My Department will contact the applicant directly should additional documentation be required.

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. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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 from my Department is, in the Deputy’s view, inadequate or too long awaited.

Court Accommodation

Ceisteanna (303)

Pádraig MacLochlainn

Ceist:

303. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if the financial resources required to refurbish and maintain Carndonagh courthouse, County Donegal, will be provided in line with the findings of a recent structural report carried out for the Courts Service. [12312/20]

Amharc ar fhreagra

Freagraí scríofa

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the position on the future of Carndonagh Court House is unchanged from that which I related in a similar parliamentary question (No. 419) put to me by Deputy Charlie McConalogue on 5 March 2020. The Courts Service has no further progress to report at this time on their consideration of the survey report received earlier this year.

The question of seeking funding to make further significant investment in Carndonagh will be considered later this year.

Visa Applications

Ceisteanna (304, 308)

Cian O'Callaghan

Ceist:

304. Deputy Cian O'Callaghan asked the Minister for Justice and Equality when the processing of visa applications will resume; when the INIS website will be updated to reflect this; if the standard processing time will be affected by any backlog; if a fast-track option will be available to those depending on a visa; and if he will make a statement on the matter. [12359/20]

Amharc ar fhreagra

Chris Andrews

Ceist:

308. Deputy Chris Andrews asked the Minister for Justice and Equality when the restrictions on accepting new visa applications will be lifted. [11708/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 304 and 308 together.

The current position (since 21 March 2020) is that we have temporarily ceased accepting new visa applications with the exception of critical/priority applications including healthcare and supply chain workers.

In line with Government policy, we are preparing for a phased and coordinated resumption of visa operations. A limited relaxation of the current measures started on 22 June 2020 with the acceptance of long stay applications in locations where conditions allow. Any approaches in this area will have regard to the current health and safety advice in relation to the pandemic, conditions in countries of origin, and be consistent with our Common Travel Area (CTA) arrangements with the UK and our EU membership.

The course of the pandemic requires a prudent approach to the relaxation of any measures taken in the interests of public health.

Due to the ongoing Covid-19 situation there have been delays to the time frame for the processing of cases as the necessary restrictions imposed for social distancing and non-essential travel requirements imposes restrictions on the numbers of staff allowed on our premises at any given time. We do, however, look at emergency cases on an individual basis and take a tailored approach to them.

Resumption of normal operations and timeframes remains under constant review subject to the advice of the HSE and the Chief Medical Officer and once commenced, decisions will be issued in chronological order.

I can assure the Deputy that, as with all our immigration processes, the matter is receiving ongoing attention and as soon as a practical plan is in place for the re-commencement of normal service delivery notifications will be placed on our website (www.inis.gov.ie).

Maternity Leave

Ceisteanna (305, 314, 331, 335)

David Cullinane

Ceist:

305. Deputy David Cullinane asked the Minister for Justice and Equality if maternity benefit will be extended in view of comments in Dáil Éireann on 11 June 2020. [12413/20]

Amharc ar fhreagra

James Browne

Ceist:

314. Deputy James Browne asked the Minister for Justice and Equality if he will review the need to extend the maternity benefit scheme; and if he will make a statement on the matter. [11936/20]

Amharc ar fhreagra

Paul Murphy

Ceist:

331. Deputy Paul Murphy asked the Minister for Justice and Equality if he will extend maternity leave and maternity benefit to 38 weeks, that is, a three-month extension for all who were on maternity leave and maternity benefit prior to the introduction of the Covid-19 emergency legislation, are currently on maternity leave and benefit or who become eligible for maternity leave and benefit before the lifting of the Covid-19 restrictions on 29 June 2020; and if he will make a statement on the matter. [12308/20]

Amharc ar fhreagra

Brendan Smith

Ceist:

335. Deputy Brendan Smith asked the Minister for Justice and Equality his plans to extend maternity leave; and if he will make a statement on the matter. [12360/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 305, 314, 331 and 335 together.

As the law now stands, a mother is entitled to this leave irrespective of the duration of her current employment. The mother can take maternity leave from casual or part-time employment. She can take up to 26 weeks of paid maternity leave, and up to a further 16 weeks of unpaid leave. Two weeks must be taken before the baby is due, and at least four weeks must be taken after the birth. As Minister of State for Justice and Equality, the legislation that governs the provision of maternity leave is my responsibility and any such amendment would likely require primary legislation. The provision of maternity benefit is under the remit of the Minister for Employment Affairs and Social Protection. These matters are currently being examined by Government.

On 29 May the Minister for Finance announced changes to the Temporary Wage Subsidy Scheme to accommodate the salaries of parents returning from maternity or adoptive leave. The changes are aimed at individuals who may not have been on the payroll of their employer on 29 February, or been paid in either January or February 2020 and will allow for consistent treatment with other employees.

The amendment will be legislated for later in the year as part of the usual Finance Bill 2020 process, but in the interim Revenue has agreed to provide a facility to accommodate such cases. Although expected to be implemented on the 12th June, Revenue launched a new process on Monday 8th June which allows employers to include employees returning to employment after a period of paternity, parental or related unpaid leave or were in receipt of Health and Safety Benefit, Parent’s Benefit or Illness Benefit paid by the Department of Employment Affairs and Social Protection (DEASP). Employers who wish to access the Temporary Wage Subsidy Scheme on behalf of eligible employees covered by these changes can do so by completing a short form available for download via MyEnquiries in Revenue’s Online Service (ROS). The relevant details that employers will need to provide to Revenue include current contractual gross pay, pay frequency, normal PRSI class, type of leave the returning employee availed of and the date of return to work. Any retrospective subsidy payments due to impacted employees will be processed by Revenue in due course. This retrospection will apply from 26 March 2020, the date of return to employment or the date the employer was registered for the scheme, whichever is the latest.

I am conscious of demands on parents at this time and hope that the additional measures to support working parents that I have introduced in recent years, including the new parent’s leave scheme and an extension of parental leave, are helping to ease some of these demands. In addition to maternity leave, each parent may also avail of two weeks of parent’s leave during the first year of a child’s life and may qualify for parent’s benefit during this period. Parental leave is also available which entitles parents to take unpaid leave from work to spend time looking after their children. Parents can take up to 22 weeks of parental leave for each eligible child before their 12th birthday.

Youth Justice Strategy

Ceisteanna (306)

Gerald Nash

Ceist:

306. Deputy Ged Nash asked the Minister for Justice and Equality the status the youth justice strategy; the proposed timeframe for publication of same; and if he will make a statement on the matter. [11695/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, my colleague Minister of State David Stanton, chaired an expert steering group over the past year to assist my Department in the work of developing a new Youth Justice Strategy.

The draft Youth Justice Strategy 2020-2026, which has recently been published for public consultation, is now available on my Department's website to allow members of the public, including young people, to read it and express their views through an online questionnaire until the end of June 2020.

While next steps on the matter will be for the incoming Government, the aim has been to present the Strategy to Government by Quarter 4, 2020 with a view to publishing the completed Strategy by the end of the year.

The new Strategy includes consideration of how youth justice policy might be more closely aligned to other child and youth policies. This includes targeted policies to support children and families who experience multiple disadvantage, liaison between schools and other relevant programmes and agencies.

A particular challenge is how to ensure a dedicated service stream for the particularly difficult and hard-to-engage cohort that are a priority focus for the Youth Justice Strategy. The Strategy includes measures to address the fragmented nature of current services and programme delivery at local and national level so as to ensure a holistic response to the need 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.

I encourage the Deputy and anyone else interested in this issue to review the draft and provide input as part of the ongoing consultation. Further information and the draft text is available at the following address:

http://www.justice.ie/en/JELR/Pages/Youth_Justice_Strategy_Public_Consultation

Legal Services Regulation

Ceisteanna (307)

Gerald Nash

Ceist:

307. Deputy Ged Nash asked the Minister for Justice and Equality the status of the establishment of the legal practitioners' disciplinary tribunal as provided for in the Legal Services Regulation Act 2015; the indicative commencement date for the tribunal; and if he will make a statement on the matter. [11696/20]

Amharc ar fhreagra

Freagraí scríofa

The regulatory reform of the legal services sector has been taking place since the enactment of the Legal Services Regulation Act 2015 and the establishment of the Legal Services Regulatory Authority on 1 October 2016 and as set out in the Authority’s Strategic Plan for 2018-2020 which was laid before the Houses. The Legal Services Regulatory Authority is independent in the performance of its functions.

Part 6 of the Legal Services Regulation Act provides for the introduction of an independent complaints and professional conduct regime for legal practitioners including the separate establishment and appointment of an independent Legal Practitioners’ Disciplinary Tribunal. The new Tribunal will have a mix of lay-persons and lawyers in its membership and will deal with allegations of serious misconduct by both solicitors and barristers. It is set to replace the existing bodies which currently operate for that purpose under the Law Society and the Bar Council who will be winding-down their residual caseloads.

Extensive preparations were completed by the Legal Services Regulatory Authority to put the necessary procedural, staffing, IT and other supports in place so that the new complaints regime could come into operation in tandem with my commencement of the relevant provisions on 7th October 2019. The Authority has been processing complaints since that date and has established a new Complaints Committee and Review Committee in support of that function as required under the 2015 Act. It is now, I understand, at the point of preparing to submit relevant matters to the new Tribunal.

My current focus and that of my department is on the nomination, in the required manner, of the relevant lay and legal members of the independent Legal Practitioners’ Disciplinary Tribunal. Over seventy applications for lay membership of the Tribunal have been received as advertised through the Public Appointments Service and are being considered at present. The remaining nominees will be proposed by the respective legal professional bodies. While this process has inevitably been interrupted by the exigencies of the COVID emergency, it is now close to completion. I therefore expect the selection of nominees for membership of the Tribunal to be concluded in the coming weeks. At that point I will be putting forward the relevant nominees for appointment by the President of the High Court as required under the terms of the 2015 Act. While the Tribunal will, of course, be independent in the performance of its functions under its own chair, it is anticipated that it will commence its work later this year.

Question No. 308 answered with Question No. 304.

Naturalisation Applications

Ceisteanna (309)

Martin Kenny

Ceist:

309. Deputy Martin Kenny asked the Minister for Justice and Equality the measures that have been taken to date to comply with the Supreme Court recommendation regarding a case (details supplied) delivered on 31 May 2019; and if he will make a statement on the matter. [11747/20]

Amharc ar fhreagra

Freagraí scríofa

My Department is carefully considering the findings of the court and any attendant implications for the consideration of similar applications.

Legal advice on this matter has been sought and officials are currently considering the options for an alternative or ‘enhanced’ process for naturalisation in appropriate cases to submit to me for consideration. The matters are very complex and deliberations regarding the proposed structure are at an advanced stage.

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 as well as international level. It is therefore important that appropriate procedures are in place to ensure that the integrity of the regime for granting Irish citizenship through the naturalisation process is held in high regard both at home and internationally.

Alcohol Sales

Ceisteanna (310)

Róisín Shortall

Ceist:

310. Deputy Róisín Shortall asked the Minister for Justice and Equality the considerations given to alcohol delivery services in respect of the access that this provides to young persons; his plans to address the matter in view of the fact that An Garda Síochána identifies the practice as being problematic; and if he will make a statement on the matter. [11777/20]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the issue of alcohol consumption by children is of utmost concern to all relevant Departments and agencies, as well as An Garda Síochána.

There are statutory provisions in place relating to the sale and the consumption of intoxicating liquor by persons under the age of 18 years. It is an offence under the Intoxicating Liquor Acts for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years, in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission.

As the Deputy is aware, enforcement of the licensing laws is a matter for An Garda Síochána.

Any proposed amendment of the Public Health (Alcohol) Act 2018 would be a matter for the Minister for Health.

Departmental Policy Functions

Ceisteanna (311)

Carol Nolan

Ceist:

311. Deputy Carol Nolan asked the Minister for Justice and Equality if his Department has a diversity and inclusion policy in place; the measures taken to promote diversity and inclusion from 1 January 2019 to date; and if he will make a statement on the matter. [11829/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, my Department has responsibility for national strategies to drive action on equality, diversity and inclusion. Considerable progress has been made to date under the National Migrant Integration Strategy, the National Strategy for Women and Girls, the National Traveller and Roma Integration Strategy, the National Disability Inclusion Strategy, the Comprehensive Employment Strategy for People with Disabilities and the National LGBTI+ Inclusion Strategy.

These strategies take a whole-of-Government approach to addressing the needs of diverse groups and to ensure their equal participation in Irish society. They are key steps forward in fostering a society which respects and celebrates diverse identities.

In addition, there are a range of initiatives in place at a Civil and Public Service level, including under Our Public Service 2020, where my Department is the co-sponsor of the Action stream dealing with the promotion of equality, diversity and inclusion.

My Department has also recently established an Equality, Diversity, Inclusion and Public Sector Duty Committee chaired at Assistant Secretary level, to coordinate and drive action within the Department itself. Through this committee, the Department is developing an equality, diversity and inclusion strategy, with particular focus on its staff, customers and other key stakeholders.

The Department’s strategy will build on existing efforts and initiatives already being undertaken within the Department since 2019, for example establishment of the LGBT+ Staff Network, the Willing & Able Mentoring Programme (WAM), and the work of the Department’s access officer.

The LGBT+ Staff Network was established by staff to make the Department a more inclusive place for all through education and awareness raising. Since its foundation, it has run various initiatives, including on how to be a good ally in the workplace, the coming out process and how to support colleagues, and, most recently, to mark the start of Pride month.

The Willing and Able Mentoring Programme provides a paid six-month internship which matches participants with placements of specific relevance to their qualifications. A paid internship program for members of the Traveller Community is also currently being developed.

Furthermore, my Department has appointed an Access Officer in accordance with Section 26(2) of the Disability Act. The Access Officer is responsible for providing, arranging or co-ordinating assistance to persons with disabilities who wish to access the services provided by the Department of Justice and Equality. The Access Officer also acts as a point of contact for persons with disabilities who wish to access such services.

These actions and the planned Department’s equality, diversity and inclusion strategy align with the Civil Service Renewal Plan and the People Strategy for the Civil Service (2017 – 2020), as well as with the work of the Public Appointments Service, as we seek to achieve greater diversity and build a Civil Service that reflects the society in which it works and the communities it serves.

Garda Data

Ceisteanna (312)

Martin Kenny

Ceist:

312. Deputy Martin Kenny asked the Minister for Justice and Equality the number of vehicles seized as evidence and kept in Garda possession that were destroyed before the evidence could be presented in court since 2010; the location these events took place; and if he will make a statement on the matter. [11920/20]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is not maintained by my Department.

I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 312 which was for answer on 23 July 2020, in which you asked the number of vehicles seized as evidence and kept in Garda possession that were destroyed before the evidence could be presented in court since 2010; the location these events took place. You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the information was available.
I am informed by the Garda Commissioner that the information/data required for this Parliamentary question is not held in a format that can be accessed centrally, and therefore cannot be determined in a manner that can be accurately validated, without the expenditure of an inordinate amount of time and resources.
I understand that in Divisions where no facilities for the storage of vehicles exist in Garda Stations, Divisions tender for such services. Tenders for the storage of vehicles are awarded locally by Divisional Officers following a comprehensive tendering process. As part of any such tendering process applicant companies are required to meet certain security criteria, and submit to an evaluation by the Local Crime Prevention Officer. In cases where incidents, such as mentioned in the above Parliamentary question occur, the incident is fully investigated and the premises where the vehicle is stored will be the subject of a further security review.
I trust this information is of assistance.

Sex Offenders Notification Requirements

Ceisteanna (313)

Peadar Tóibín

Ceist:

313. Deputy Peadar Tóibín asked the Minister for Justice and Equality the responsibility An Garda Síochána has to persons, communities and neighbourhood watch schemes with regard to sharing information pertaining to convicted sex offenders who are living within their communities; and the information that should be shared to ease concern, worry and frustration within communities. [11922/20]

Amharc ar fhreagra

Freagraí scríofa

I understand the concern which communities can have in relation to the issue of rehabilitation of sex offenders and measures to protect public safety after they have been released from prison. In that regard, the Sex Offenders Act 2001 provides that a Court can impose conditions on a convicted sex offender as part of their post-release supervision. Further, where An Garda Síochána believe that a convicted offender poses a serious risk to the public, it can apply to the courts for a Sex Offender Order under s.16 of the 2001 Act. A Sex Offender Order can prohibit the offender from doing anything the Court considers necessary, in order to ensure that the public is protected from serious harm.

In order to strengthen these protections further, and following a comprehensive review of current law and administrative practice, my Department developed the General Scheme of the Sex Offenders (Amendment) Bill. The General Scheme was approved by Government in June 2018 and is available on the Department’s website www.justice.ie

The purpose of the Bill, which is currently with the Office of the Parliamentary Counsel for drafting, is to enhance current systems for assessment and management of convicted sex offenders and to put those systems on a statutory footing.

While the drafting process is not yet complete, the main provisions are expected to include:

- Stricter notification requirements including requiring offenders to notify Gardaí of their address upon release from custody, or any subsequent change of address, within 3 days as opposed to the existing 7 days.

- Provision to allow for fingerprinting and photographing the offender, where necessary to confirm their identity.

- Enhanced supervision of high-risk offenders, including, in limited circumstances, the electronic monitoring of offenders subject to post-release supervision orders.

- The placing on a legislative footing of assessment teams to assess and manage the risk posed by sex offenders.

- Provisions whereby a court can prohibit a sex offender from working with children.

- Provision for a statutory basis for the necessary disclosure of information relating to a high-risk offender on the ‘sex offenders register’. The information in relation to an offender which may be disclosed include the name, address and threat posed by the offender. It is intended that the disclosure would only be made to the minimum number of people necessary to avert a serious risk to safety.

After drafting, a decision on approval and publication of the Bill will be a matter for the incoming Government.

Question No. 314 answered with Question No. 305.

Gambling Sector

Ceisteanna (315)

Alan Kelly

Ceist:

315. Deputy Alan Kelly asked the Minister for Justice and Equality if extensions will be granted to licences for community facilities that run bingo and social dancing in view of the fact that they have not been used for a number of months due to Covid-19; and if he will make a statement on the matter. [11958/20]

Amharc ar fhreagra

Freagraí scríofa

The statutory provisions concerning the licensing of premises for the purposes of public dancing are set out in the Public Dance Halls Act 1935 as well as sections 2 to 10 and 21 of the Licensing (Combating Drug Abuse) Act 1997 in so far as they relate to public dancing licenses. The primary purpose of these statutory provisions is to ensure the welfare and safety of persons while present at events on the premises.

Applications for renewal of existing licences are made to the annual licensing district court. Compliance with relevant fire safety standards and availability of appropriate public liability insurance are essential requirements. The court may take account of the suitability of the premises and the impact for the parking of vehicles in the neighbourhood of the premises. Where, for whatever reason, an application for renewal of a public dancing licence is not dealt with, the existing licence will continue in force until the application is finally dealt with at a subsequent sitting of the district court.

Garda Recruitment

Ceisteanna (316)

Jack Chambers

Ceist:

316. Deputy Jack Chambers asked the Minister for Justice and Equality when the next intake of Garda recruits will commence; and if he will make a statement on the matter. [12077/20]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013. The Public Appointments Service (PAS), on behalf of the Garda Commissioner, manages the initial recruitment stages for selection of Garda Trainees. The final stages of the recruitment process in which candidates are vetted, complete a physical competency test and a medical examination, are managed by the Commissioner and I, as Minister, have no direct involvement in the matter.

I am informed by the Garda authorities that as at 31 May 2020, there are 14,700 Garda Members, supported by over 3,000 Garda staff. 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 policing the COVID-19 pandemic.

In 2020 it has been anticipated that in total 700 new recruits will commence training. However, as the Deputy will appreciate, these figures may be subject to change in light of An Garda Síochána’s response to the evolving COVID-19 pandemic.

I am informed by An Garda Síochána that it is intended that a Garda Recruitment Campaign will commence in 2020. The Garda authorities advise that they are currently in consultation with the Public Appointments Service about the timing of the launch of this campaign.

Prisoner Releases

Ceisteanna (317, 318, 319, 320)

Thomas Pringle

Ceist:

317. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of male prisoners granted temporary release since the beginning of March 2020 that have been rearrested as a result of a breach in temporary release conditions by prison in tabular form; and if he will make a statement on the matter. [12104/20]

Amharc ar fhreagra

Thomas Pringle

Ceist:

318. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of female prisoners granted temporary release since the beginning of March 2020 that have been rearrested as a result of a breach in temporary release conditions by prison in tabular form; and if he will make a statement on the matter. [12105/20]

Amharc ar fhreagra

Thomas Pringle

Ceist:

319. Deputy Thomas Pringle asked the Minister for Justice and Equality the length of prison sentences that had been received by prisoners granted temporary release since the beginning of March 2020, by length of sentence in tabular form; and if he will make a statement on the matter. [12106/20]

Amharc ar fhreagra

Thomas Pringle

Ceist:

320. Deputy Thomas Pringle asked the Minister for Justice and Equality the type of offences committed by prisoners granted temporary release since the beginning of March 2020 resulting in rearrest by category of offence in tabular form; and if he will make a statement on the matter. [12107/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 317 to 320, inclusive, together.

A significant amount of work has been carried out by the Irish Prison Service over recent months to address the challenge of Covid-19, informed and guided by the advice received from NPHET and consistent with the prison-specific guidance for the management of Covid-19 issued by the World Health Organisation as well as human rights guidance by the Council of Europe.

In that context, I approved a number of actions in March this year to reduce the number of prisoners in our prisons and support a more effective infection control regime. This included the granting of temporary release to low-risk prisoners, who were assessed on a case-by-case basis.

In the first instance, the approach adopted included granting temporary release to low-risk prisoners who were serving sentences of less than 12 months for non-violent offences. Subsequently, prisoners assessed as low risk who had less than 6 months to serve were also granted temporary release from some prisons.

It is important to note that all prisoners granted temporary release were assessed on a case-by-case basis. The primary factor in the consideration of any prisoner for early release was and remains public safety. Risks assessed included any convictions for domestic abuse, such as breach of barring orders which present significant risks.

The Deputy will appreciate that the size of the prison population changes on a daily basis, as new committals and remands are made by the Courts and as releases occur, as prisoners reach the end of their sentences. I am advised by the Irish Prison Service that, since 2 March 2020, a total of 852 prisoners have been granted full or reviewable temporary release.

It is important to note that not all of these releases have related to the Covid-19 pandemic. I am informed that the initial process of identifying prisoners suitable for temporary release, for the purposes of reducing the prison population for effective infection control, resulted in approximately 500 prisoners being granted temporary release. I am further informed that, since then, the number of prisoners on temporary release has reduced to pre-pandemic levels and now occur as part of the normal prison release planning.

The following table, furnished to me by the Irish Prison Service, sets out the length of the sentences of those prisoners who were granted Temporary Release since 2 March 2020, as requested by the Deputy.

Sentence Length

Total

Life Sentence

5

10+ Years

1

5 to <10 years

45

3 to <5 years

91

2 to <3 years

68

1 to <2 years

162

6 to <12 months

190

3 to <6 months

167

<3 months

123

Total

852

As noted above, not all these represent temporary releases approved in the context of the pandemic. I am informed by the Irish Prison Service that the small number of life sentenced prisoners who were granted Reviewable Temporary Release since 2 March 2020 and who are included in the table above were granted Reviewable Temporary Release in accordance with the recommendations of the Parole Board, and not as part of the programme of temporary release in light of the Covid-19 pandemic.

With regard to the Deputy’s question about persons who were re-arrested following temporary release, I am informed that, of the 852 prisoners who were granted full or reviewable temporary release since 2 March 2020, a total of 55 have been returned to custody.

The following table, furnished to me by the Irish Prison Service, sets out the number of male and female prisoners granted temporary release since 2 March 2020 who were returned to custody as a result of a breach of their temporary release conditions, broken down by prison.

Prison

Total number returned to custody

Castlerea Prison

4 (Male)

Cloverhill Prison

11 (Male)

Cork Prison

10 (Male)

Limerick Prison (Female)

3 (Female)

Limerick Prison (Male)

4 (Male)

Midlands Prison

6 (Male)

Mountjoy Prison (Female)

4 (Female)

Mountjoy Prison (Male)

4 (Male)

Portlaoise Prison

2 (Male)

Wheatfield Prison

7 (Male)

Total

55 (48 Male and 7 Female)

I understand that the Irish Prison Service work closely with An Garda Síochána and the Probation Service in respect of the monitoring, supervision and compliance of those on temporary release.

Any prisoner who breaches his or her conditions, including by committing a criminal offence, may be arrested and returned to prison immediately by Gardaí or may be refused another period of reviewable temporary release. If a person re-offends on temporary release, the issue of their prosecution is a matter for An Garda Síochána and the Director of Public Prosecutions to consider.

I am further informed that, of the 55 prisoners returned to custody, the Irish Prison Service have been made aware of 37 of those prisoners having committed a criminal offence resulting in their arrest and return to custody. I understand that the remaining 18 prisoners were returned to custody as a result of other breaches of the conditions of their temporary release.

Of those 37 prisoners who were re-arrested and returned to custody for committing a criminal offence since 2 March 2020, I am informed that the categories of offences in which the highest number of offences were recorded were burglary and related offences; theft and related offences; public order and other social code offences and damage to property and the environment offences.

I hope that the Deputy will appreciate that, given the small number of individuals concerned, to provide more detailed information regarding these offences could risk identifying persons involved. However, I will make arrangements to provide the Deputy with further information in respect of this matter shortly.

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