Written Answers Nos. 939-963
939. Deputy John Brady asked the Minister for Justice and Equality the number of persons in direct provision centres both permanent and temporary in County Wicklow; and if she will make a statement on the matter. [15418/20]
Amharc ar fhreagraThe Grand Hotel is currently the only permanent accommodation centre in County Wicklow and, as of 5 July 2020, is accommodating 87 residents.
In order to protect the identity of international protection applicants, my Department does not disclose the location of emergency accommodation centres. However, I can confirm that as of 5 July 2020, there are 198 persons living in emergency accommodation in County Wicklow.
My Department is working very hard to ensure that residents in emergency accommodation are re-accommodated in a dedicated accommodation centres as quickly as possible.
940. Deputy John Brady asked the Minister for Justice and Equality the number of phone calls received by a freephone helpline (details supplied) from residents in direct provision centres in County Wicklow; and if she will make a statement on the matter. [15419/20]
Amharc ar fhreagraA confidential Freephone telephone support service, funded by but independent of my Department, was established in May 2020 to provide further support to residents in both permanent and temporary accommodation centres during the COVID-19 pandemic.
This Freephone helpline is operated by the Jesuit Refugee Service (JRS). As the service is confidential, the data from the calls is not disaggregated either by centre or by county.
Since the commencement of the service on 20 May, the helpline has received 175 individual calls. The table below provides a summary of calls received for the reporting period 20 May 2020 to 30 June 2020.
Summary of Helpline Calls Received 20/05/2020 - 30/06/2020
|
No. |
|
|
Number of Helpline Contacts |
175 |
|
Queries Resolved on Call |
75 |
|
Queries Requiring Follow Up |
100 |
A total of 5 JRS operators were available on a rotational basis during this time, working on the helpline at the following times:
Monday: 10AM – 1PM / 2PM – 4PM
Tuesday: 10AM – 1PM / 2PM – 4PM
Thursday: 10AM – 1PM / 2PM – 4PM
Friday: 10AM – 1PM / 2PM – 4PM
A voicemail service is available outside of these days and times with calls returned during working hours.
941. Deputy Bernard J. Durkan asked the Minister for Justice and Equality her plans to introduce a scheme to help regularise undocumented workers within the State; the proposed timeline for introducing such a scheme; and if she will make a statement on the matter. [15428/20]
Amharc ar fhreagraThe Immigration Service Delivery function of my Department examines each case of an undocumented or illegal person in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their position in the State. A pragmatic approach is taken in relation to each case, which is considered on its individual merits.
The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments. Ireland along with other Member States of the EU, has committed, under the European Pact on Immigration and Asylum (2008), to a case-by-case approach as opposed to mass regularisation.
A policy paper on the matter is being drafted by my officials at the present time. This will include an assessment of international best practices.
In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. I would encourage any person who is resident in the State without permission to contact my Department or their local immigration office and to take all appropriate steps to regularise their own and their family's status.
942. Deputy Catherine Connolly asked the Minister for Justice and Equality the timeline for the publication of the self-harm in Irish prisons 2018 report (details supplied); and if she will make a statement on the matter. [15535/20]
Amharc ar fhreagraProvision of safe and secure custody and dignity of care to persons in the penal system in Ireland is a priority for me as Minister and for the Irish Prison Service. Safe and secure custody is one of the key pillars of the Prison Service Strategic Plan 2019-2022.
I am advised by the Irish Prison Service that the self-harm in Irish prisons 2018 report will be published before the end of July 2020. This will be the second annual report detailing all episodes of self-harm by persons in the custody of the Prison Service.
943. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of recorded self-harm incidents in prisons by gender from 12 March 2020 to date in 2020; and if she will make a statement on the matter. [15536/20]
Amharc ar fhreagraI am advised by the Irish Prison Service that there were 36 reported incidents of self harm across the prison estate from 12 March 2020 to the end of June 2020. I am further informed that 33 of these reported incidents occurred within the male prison population and three within the female population. It is important to note that these are provisional figures as the full analysis of such incidents has not yet begun.
I would like to assure the Deputy that provision of safe and secure custody and dignity of care to persons in the penal system in Ireland is a priority for me as Minister and for the Irish Prison Service. Safe and secure custody is one of the key pillars of the Prison Service Strategic Plan 2019-2022.
The Irish Prison Service has during the Covid-19 pandemic introduced a number of new initiatives to assist and safeguard the welfare of those in custody. Measures to allow prisoners maintain contact with families and benefit from family support include:
- provision of additional phone calls for prisoners;
- introduction of Electronic Funds Transfer and An Post Bill Pay service to allow families to continue to lodge money to prisoner accounts; and
- introduction of virtual visits, through the installation of video phone facilities in all prisons to allow for video-calls with families.
In addition, a national telephone helpline has been established to support access for prisoners to IASIO Resettlement, Chaplaincy, Psychology and Merchants Quay Ireland by telephone.
I can further inform the Deputy that the Prison Service Psychology Service provides a platform to listen and support prisoners to mind their psychological well-being. I am informed that the Psychology Service has adapted its services to ensure ongoing support to prisoners and that tele-psychology has been introduced to all prisoners in custody. This typically consists of 20 minute telephone sessions. Support may be offered within the framework of Psychological First Aid or within other relevant psychological frameworks. The goal is to help prisoners feel safe, reduce stress, restore rest and sleep, and connect them to social support.
944. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of successful family video visits per prison that have taken place for prisoners and their families since the measure was introduced as an alternative to prison visits during the Covid-19 pandemic; and if she will make a statement on the matter. [15537/20]
Amharc ar fhreagraAs the Deputy will appreciate, in the context of the Covid-19 pandemic a range of measures including restrictions on access to prisons have required to protect our prison population, in line with public health advice.
While physical family visits to prisons were suspended on 27 March 2020, I understand that the Prison Service introduced a number of new initiatives to allow families to continue to communicate and support those in custody including:
- provision of additional phone calls for prisoners;
- introduction of Electronic Funds Transfer and An Post Bill Pay service to allow families to continue to lodge money to prisoner accounts; and
- introduction of virtual visits, through the installation of video phone facilities in all prisons to allow for video-calls with families.
I am informed that feedback from prisoners and families that have used the new video visits system successfully has been very positive.
Given that this was a new service, and particularly given that it was introduced as a result of the Covid-19 restrictions, I understand there were a number of challenges and technical issues at the outset with some connections. A dedicated helpline for the families of prisoners who were experiencing difficulty in connecting to a scheduled video call was established and is still in operation.
I am informed by the Irish Prison Service in the last six weeks, an average of 1,647 video calls per week have been scheduled, with an 87% success rate. Reasons for unsuccessful calls include a breakdown in the line, end user issues and broadband connections.
I am informed that while video visits began on 11 April 2020, statistics are available only from 26 May 2020. Details of the number of family visits via video link between 26 May and 7 July 2020, as furnished to me by the Prison Service, are set out in the following table.
|
Location |
Number of Scheduled Calls |
Number of Successful Calls |
Number of Unsuccessful Calls |
|
Arbour Hill |
312 |
289 |
23 |
|
Castlerea |
437 |
383 |
54 |
|
Cloverhill |
665 |
581 |
84 |
|
Cork |
663 |
597 |
66 |
|
Dochas |
482 |
439 |
43 |
|
Limerick |
692 |
575 |
117 |
|
Loughan House |
194 |
163 |
31 |
|
Midlands |
2375 |
2165 |
210 |
|
Mountjoy |
952 |
815 |
137 |
|
Portlaoise |
867 |
787 |
80 |
|
Shelton Abbey |
262 |
236 |
26 |
|
Wheatfield |
1978 |
1567 |
411 |
|
Total |
9879 |
8597 |
1282 |
Finally, I note that the Irish Prison Service has outlined plans for a phased recommencement of physical family visits to prisons commencing on Monday 20 July 2020. Visits will recommence on a phased basis and movement through the phases will be subject to ongoing risk assessment and will take account latest public health advice, the range of Government restrictions in place and other factors including the prevailing transmission rate in the community.
In addition, given the success of the video visits system, I understand that the Prison Service intends to continue to offer video visits for families and friends and hopes to continue to enhance this new service in the future.
945. Deputy Catherine Connolly asked the Minister for Justice and Equality the number and percentage of persons in prison on a weekly basis during the Covid-19 pandemic cocooning, quarantining and self-isolating; if a description of each associated regime will be provided; the number of hours spent out of cell of each; and if he will make a statement on the matter. [15538/20]
Amharc ar fhreagraIn the context of the Covid-19 pandemic and as the Deputy will appreciate, a wide range of measures have been required to protect our prison population, in line with public health advice. I have previously set out detail on the measures adopted to address the risk presented by Covid-19 in a prison environment, guided by the advice of NPHET and consistent with the prison-specific guidance of the World Health Organisation (WHO). Measures adopted included:
-- reduction of prisoner numbers through use of temporary release of low-risk prisoners, following case-by-case assessment;
-- introduction of a basic health check, including taking of temperatures for all persons, including staff, entering prisons from 29 March;
-- suspension of physical family visits, replaced by video visits;
-- quarantining for 14 days of all newly committed prisoners; isolation of suspected case or prisoners with symptoms; and “cocooning” of vulnerable prisoners;
-- comprehensive training for IPS staff and the provision of appropriate Personal Protective Equipment (PPE) across the prison estate; and
-- establishment of a robust contract tracing model which has been acknowledged by the WHO as best practice.
I am pleased to say that to date there has been no prisoner case of Covid-19 in Irish prisons. Nevertheless the risk continues and must be managed.
In relation to the categories of prisoners referred to by the Deputy, I can say the following.
First, in relation to cocooning: in line with the position at the time in the wider community, the Prison Service operated a regime whereby all prisoners aged 70 years or more and prisoners deemed medically vulnerable due to specific serious underlying medical conditions were cocooned in the prisons in which they were detained. These cocooning prisoners were removed from free association, but could associate with one another in dedicated areas. I am informed that the practice of cocooning has now ceased in prisons, in line with the general easing of relevant public health restrictions in the community. However prisoners formerly cocooning were offered the option of a restricted regime at their own request.
In relation to isolation, I am advised that any prisoner who informs staff that they are experiencing symptoms of Covid-19 is immediately assessed by prison healthcare staff, who arrange for the prisoner to be isolated and tested. I am further informed that any prisoner who has had contact with another person who has been tested for Covid-19 and is awaiting results is also isolated from the prison population, while they are tested and awaiting the results of said test.
In addition, all prisoners newly committed to prison are placed in quarantine for 14 days before being transferred into general population. This measure is in place to reduce the risk that a new committal who might be incubating the virus could spread Covid-19 into the general prison population.
I am informed by the Prison Service that it is not possible to provide a breakdown of the out-of-cell hours for each of these groups of prisoners, as they vary on a daily basis and for a variety of reasons including for example the number of prisoners involved, the number of staff available, and differences in physical layout of each prison.
However I am advised that any prisoners who were cocooning as well as those in quarantine continue to have access to a wide range of services and facilities within the prison. These facilities include psychological support, phone calls, television, tuck shop and chaplaincy services. I understand that particular efforts have also been made to ensure that prisoners could communicate with their families, through increased provision of telephone services and video visits. The Deputy will appreciate that for medical and infection control reasons, those prisoners in isolation due to suspected or symptoms of infection were on a more restrictive form of regime, while the testing process was completed.
The Irish Prison Service began to collate specific figures of the type referred to by the Deputy from 27 April 2020 onwards. The following table, furnished to me by the Irish Prison Service sets out the details requested by the Deputy for the period from 27 April to 3 July 2020 (percentages rounded).
946. Deputy Catherine Connolly asked the Minister for Justice and Equality the daily average number of hours the mainstream prison population were held in their cells in April, May and June 2020; and if she will make a statement on the matter. [15539/20]
Amharc ar fhreagraThe provision of safe and secure custody and dignity of care to persons in the penal system in Ireland is a priority for me as Minister and for the Irish Prison Service.
The Deputy will appreciate that a wide range of measures were necessary to address the particular risks posed by the Covid-19 pandemic in the context of prisons. The measures adopted by the Prison Service were in keeping with the advice of NPET and the prison-specific guidance of the World Health Organisation (WHO).
Some of these measures included cocooning of vulnerable prisoners and isolation of prisoners in circumstances including display of symptoms of the virus. These and other measures adopted on the context of the pandemic can be expected to have had an impact on the out of cell times of some prisoners.
However I am informed by the Irish Prison Service that it does not hold information in the particular format requested by the Deputy and that it is not possible to provide exact figures on the out-of-cell time in each prison, as this may change on a daily basis.
For the Deputy's information, the following table, furnished to me by the Irish Prison Service, sets out indicative out-of-cell times for the general prison population across the prison estate.
|
Prison |
Indicative out-of-cell times for the general prison population |
|
Arbour Hill |
8 |
|
Castlerea |
5 |
|
Cloverhill |
5.4 |
|
Cork |
5 |
|
Limerick |
8 |
|
Loughan House |
Full day out-of-cell time |
|
Midlands |
5.5 |
|
Mountjoy Male |
4.5 |
|
Mountjoy Female |
5 |
|
Portlaoise |
6 |
|
Shelton Abbey |
Full day out-of-cell time |
|
Wheatfield |
7 |
947. Deputy Patricia Ryan asked the Minister for Justice and Equality if she will expand the criteria of the means test for civil legal aid; and if she will make a statement on the matter. [15567/20]
Amharc ar fhreagraThe statutory position regarding the provision of civil legal aid derives from the Civil Legal Aid Act 1995 under which the Legal Aid Board was established as the statutory provider of legal aid through the civil legal aid scheme.
To qualify for full legal aid under the scheme, an applicant must satisfy both a means test and a merits test. Approximately two thirds of the cases dealt with by the Legal Aid Board, under the civil legal aid scheme, are connected with family law matters.
The Legal Aid Board reviews the operation of the civil legal aid scheme and submits proposals to my Department for consideration on an ongoing basis. My Department works with the Legal Aid Board in evaluating these proposals with the aim of optimising the ability of the board to provide civil legal aid to persons of insufficient means.
I would also like to draw the Deputy’s attention to the fact that comprehensive proposals for a modernisation and reform of the family court system, which include the preparation of a Family Court Bill, are being developed by my Department. Those proposals will involve a broad consideration as to the best means of providing access to various family law mechanisms available to those families involved in private family law cases. That consideration will also allow for an examination of the recommendation contained in the Joint Committee on Justice and Equality Report on Reform of the Family Law System concerning the need for a full review of the legal aid scheme.
948. Deputy Patricia Ryan asked the Minister for Justice and Equality if she will establish a gambling regulator with the powers to regulate advertising; and if she will make a statement on the matter. [15572/20]
Amharc ar fhreagraThe Programme for Government provides for the establishment of a gambling regulator focused on public safety and wellbeing, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps.
At present, the general regulation of advertising in the media is a matter for the Advertising Standards Authority of Ireland and the Broadcasting Authoring of Ireland. The details of how a new gambling regulator might operate specific advertising regulations for the gambling industry, will be informed by the Report of the Inter-Departmental Working Group on the Future Licencing and Regulation of Gambling, approved by Government on 20 March, 2019. This report is published on my Department's website. Chapter 4 of that report considered the future approach to regulating advertising, sponsorship and promotion of gambling products and the various issues involved.
As outlined in the Report of the Working Group, devising and implementing a modern licensing and regulatory regime for the Irish gambling industry presents this State with a significant challenge. It will be a substantial task, given the size, complexity and technological development of the modern gambling industry in Ireland. Furthermore, there is a need to overhaul the current outdated and complex arrangements whereby responsibility for licensing and regulating gambling activities is shared between a number of departments and agencies.
Work is currently under way in my Department on the development of the legislation to provide for the necessary modern licencing and regulatory provisions.
949. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when naturalisation will be awarded in the case of a person (details supplied); and if she will make a statement on the matter. [15590/20]
Amharc ar fhreagraAn application for a certificate of naturalisation from the person referred to continues to be processed with a view to establishing whether the applicant meets 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. 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 is, in the Deputy’s view, inadequate or too long awaited.
950. Deputy Marian Harkin asked the Minister for Justice and Equality the impact the EU Court of Justice ruling C-335/17 has had on Irish legislation; her plans to update legislation to bring it into line with the ruling; and if she will make a statement on the matter. [15638/20]
Amharc ar fhreagraThe judgment of the European Court of Justice in Case C-335/17 relates to a request for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union from the Varhoven Kasatsionen Sad (Supreme Court of Cassation, Bulgaria). The request for a preliminary ruling was made in relation to the interpretation of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (the Brussels IIA Regulation). The ECJ judgment confirms that the Brussels IIA Regulation applies to cases concerning rights of access to a child by a wide family circle including the child’s grandparents and that, according to Article 8 of that Regulation, jurisdiction to examine such an application lies with the courts of the Member State in which the child was habitually resident at the time when the court was seized.
The Brussels IIA Regulation has direct effect in Irish law, with the European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005) making necessary provision for the good administration of the Regulation. The Irish courts will take consideration of the Regulation in cases where there is any dispute as to which Member State has jurisdiction to hear an application to which the Regulation applies.
The ECJ judgment has no effect on Irish legislation. The Deputy may wish to note that the Children and Family Relationships Act 2015 is a child–centred Act which implemented reforms in family law to recognise the crucial role of parents and other relatives, including grandparents, in a child's life.
The 2015 Act extensively amended the Guardianship of Infants Act 1964 in relation to guardianship, custody and access. A grandparent or other relative may apply to court for custody of a child where he or she is an adult who has undertaken the child’s day to day care for more than 12 months and the child has no parent or guardian willing or able to act as guardian. The 2015 Act has also made it easier for relatives of a child, such as grandparents, to apply to court under section 11B of the 1964 Act to have access to children.
Section 25 of the Guardianship of Infants Act 1964 requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in custody and access matters, having regard to the age and understanding of the child.
Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court to take into account in any proceedings where access to a child is in question. It is a matter for the courts, when making decisions on access, to determine the best interests of the child and to decide whether or not to make an order regarding access to the child.
951. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when she plans to transpose Council Framework Decision 2008/829/JHA and Council Decision 2008/909/JHA into Irish law as required, particularly as Council Framework Decision 2008/829/JHA was, under EU law, required to be transposed by 1 December 2012; the reason for the delay in complying with EU law in this regard; and if she will make a statement on the matter. [15658/20]
Amharc ar fhreagraFirst and in relation to Council Framework Decision 2008/829/JHA on the cross-border recognition of decisions on supervision measures as an alternative to provisional detention, I can inform the Deputy that transposition is well advanced through the drafting and publication of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Bill 2019 ("the 2019 Bill").
The 2019 Bill is detailed and technical and represents a straightforward transposition of Framework Decision 2009/829/JHA. It had already completed its passage through the Seanad by October 2019 and had been scheduled for Committee stage in the Dáil when the election was called for February. Restoration of this Bill has been sought and further progress will then be dependent on Oireachtas scheduling.
Second, in relation to of Council Framework Decision 2008/909/JHA relating to the mutual recognition of judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty, I can confirm that transposition is being progressed with drafting of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill.
The Government approved the General Scheme and drafting of this Bill recently, on 12 June. It is now with the Office of the Parliamentary Counsel (OPC) for drafting. Bearing in mind the significant assistance which the OPC provided to my Department in the preparation of the General Scheme, I hope that speedy drafting of the Bill for publication will be possible.
I am keen that both pieces of legislation will progress as quickly as possible.
952. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if the processing of family visit and spouse visas for those visiting loved ones here has returned to full functionality, that is, if they are being applied for and issued through the normal channels; if not, the estimated timeframe for returning to full functionality; if the time permitted for visits will be adjusted to account for 14 days of self-isolation; and if she will make a statement on the matter. [15723/20]
Amharc ar fhreagraThe Government is advising against non-essential travel until further notice and anyone entering the State is required to self-isolate for 14 days. All passengers are also required to complete a mandatory Public Health Passenger Locator Form on arrival.
From Monday 22 June 2020, my Department has resumed the acceptance of visa applications in our Dublin office as well as in seven locations overseas where we have visa offices - China, India, UAE, Turkey, Nigeria, Russia and the United Kingdom.
There are still travel and social distancing restrictions in place in some of these countries so where it was not possible to resume from 22 June 2020, we intend to resume accepting visa applications as soon as possible thereafter. The extent of the resumption of visa services will continue to be decided in accordance with World Health Organisation (WHO) and Health Service Executive (HSE) guidelines.
During the initial phase of re-opening, my Department is accepting Long Stay ‘D’ visa applications as well as those identified under our current criteria as Emergency/Priority Short Stay visas. All other short stay visit applications are not yet being accepted and therefore the issue of time permitted for visits does not arise at present.
A Frequently Asked Questions document on the impact of COVID-19 on immigration and international protection is available on the Immigration Service website (www.inis.gov.ie). This document is regularly updated. Additionally any person intending to travel should also take note of the General COVID-19 Travel Advisory issued by the Department of Foreign Affairs and Trade.
953. Deputy Christopher O'Sullivan asked the Minister for Justice and Equality when a decision will be made on the residency status of a person (details supplied); and if she will make a statement on the matter. [15728/20]
Amharc ar fhreagraI can confirm that Deportation Orders were signed in respect of the persons concerned and they were removed from the State in 2012.
On 9 August 2018, representations were received from the persons concerned pursuant to Section 3(11) of the Immigration Act, 1999, (as amended) seeking to revoke the Deportation Orders. These representations were fully considered and the earlier decision to make Deportation Orders remains unchanged.
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.
954. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the reason for the significant drop in the number of community gardaí in the DMR district, in absolute numbers and as a percentage of the total force in the district; and if she will make a statement on the matter. [15840/20]
Amharc ar fhreagraAs the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and controlling the administration and business of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demand. This includes deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in the matter.
I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.
To date, the official categorisation as a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. However, it is important to note that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in carrying out their duties.
I understand that the Deputy has clarified that his question relates to DMR North. I can confirm that as at the 31st May 2020, the latest date for which figures are available, there were 801 Gardaí assigned to the DMR North. This compares to a figure of 753 on 31st December 2019. Of this total, there were 11 Community Gardaí assigned to DMR North as of 31st May, compared to 39 on 31st December. However, as the Deputy will be aware, as of 16th March 2020, a Contingency Roster was introduced into An Garda Síochána owing to the COVID-19 Pandemic. I am informed by the Garda authorities that in order to maximise the availability of resources, members attached to Community Policing were allocated to the Core Roster or the Supplementary Units. This provision will continue until September 2020.
I am further informed however that the expected abstraction rate by COVID-19 did not occur within An Garda Síochána, and therefore the organisation maintained its strength throughout. I am advised that this meant that, in essence, the community Gardaí could still attend to their community functions although the groups with whom they generally engage are not in a position to meet.
As the Deputy will be aware, the Government is currently implementing the recommendations of the Commission on the Future of Policing in Ireland through the four year implementation plan A Policing Service for the Future. In its report, published in September 2018, the Commission outlined a vision and roadmap for strengthening An Garda Síochána and the broader national framework for policing, security and community safety. The report followed extensive consultations with communities and a wide range of stakeholders over fifteen months.
A key commitment in A Policing Service for the Future is the rollout of An Garda Síochána’s new Operating Model. The Garda Operating Model reorganises resources around the delivery of frontline policing, placing an increased emphasis on engaging with communities and supporting victims of crime. I am informed by the Garda Commissioner that in each Division, there will be a dedicated Superintendent leading a community engagement team. I am confident that this reorganisation will further strengthen community policing and engagement, and provide a more localised, responsive policing service for each Division nationwide.
In a broader sense, the Deputy might also wish to note that implementation of A Policing Service for the Future will see the Garda Síochána Act 2005 repealed and replaced by a Policing and Community Safety Act. My Department is progressing work on the preparation of a Policing and Community Safety Bill as a matter of priority.
In addition to setting out a new governance and oversight framework for policing, it will redefine the functions of An Garda Síochána to include prevention of harm to those who are vulnerable, place an obligation on relevant state agencies to cooperate with An Garda Síochána in relation to the broader issue of community safety and refine local structures supporting local accountability for policing. In that context, my Department is currently in the process of finalising the most appropriate model to achieve this. All existing structures and approaches to community safety have been considered as part of this work and in line with the recommendation of the Commission on the Future of Policing that community policing and community engagement should be at the heart of new structures and policing arrangements.
As I have indicated to the Deputy, work is well advanced on the preparation of the General Scheme of the Bill. Once it is finalised, I intend to bring it before the Government for approval and publication in the normal manner.
955. Deputy Patrick Costello asked the Minister for Justice and Equality the estimated cost in 2021 if the budget for the Inspector of Prisons increased by 50%. [15937/20]
Amharc ar fhreagraThe Inspector of Prisons, whose independence in the exercise of her functions is provided for by law, plays a vital role in ensuring effective independent oversight of our prison system. The main function of the Inspector of Prisons is to carry out regular inspections of prisons and places of detention in Ireland. The Inspector also investigates deaths of prisoners in custody and has oversight of the prisoner complaints procedure in the Irish Prison Service.
I was pleased to see an increase in the budget for the Office of the Inspector of Prisons of €0.7m in Budget 2020, bringing the total allocation to €1.2 million. This total allocation represented an increase of over 140% compared to the Office's budget in 2019.
On the basis of the current budget, a 50% increase would cost €600,000 and bring the total budget to €1.8 million. However, and as the Deputy will appreciate, the 2021 budget for the Inspector of Prisons will be costed in the normal manner and considered as part of the normal estimates process later this year.
956. Deputy Patrick Costello asked the Minister for Justice and Equality the number of 1200cc, 1400cc and 1500cc motorcycles in the Garda fleet. [15939/20]
Amharc ar fhreagraThe Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. Further, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no role in 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 ensure their optimum use.
I am advised by the Garda Authorities that Fleet Management Section set out a specification for motorcycles in consultation with the advanced motorcycle driving school in the Garda College Templemore. This specification is provided to the OGP for the purposes of a tender competition. At the moment, the current “large bike” is the 1200cc BMW RT1200 RT-P. This is the most common police motorcycle in Europe and falls within AGS’s requirements.
I am further advised that there are currently 48 units of this 1200cc largest motorcycle out of a total motorcycle fleet of 115. There are currently no 1400cc or 1500cc motorcycles within the Garda Fleet.
I would further inform the Deputy that significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
957. Deputy Catherine Connolly asked the Minister for Justice and Equality her plans to provide legal advice and-or assistance to persons seeking international protection; and if she will make a statement on the matter. [15942/20]
Amharc ar fhreagraThe State already provides support for all applicants when making an application for international protection. There are specific arrangements for unaccompanied minors who are in the care of Tusla.
International Protection applicants are required to attend for preliminary interview with staff of the International Protection Office (IPO). During this interview the applicant will, where necessary and possible, have the assistance of an interpreter. If the person's application is deemed to be admissible, the person is given a questionnaire to complete.
All applicants are entitled to free legal aid from the Refugee Legal Service, once they have made an initial application. Civil legal aid and advice for international protection applicants is provided via the Legal Aid Board. Detailed information on civil legal aid services and advice provided to international protection applicants can be found here:
https://www.legalaidboard.ie/en/our-services/legal-aid-services/services-for-international-protection-applicants/
Once the completed questionnaire has been submitted to the IPO the applicant will then have a substantive interview and will have the benefit of an interpreter, if required, to ensure they can ably communicate their claim to the interviewer.
If the applicant receives a negative first instance recommendation from the IPO, they can appeal the decision to the International Protection Appeals Tribunal. The applicant is entitled to legal representation during the appeal and consideration of permission to remain in the State.
958. Deputy Martin Kenny asked the Minister for Justice and Equality the status of the provision of a new national forensic science laboratory; the estimated cost of delivery; when the new laboratory will be completed; and if she will make a statement on the matter. [15981/20]
Amharc ar fhreagraAs the Deputy may be aware, Forensic Science Ireland (FSI), an office of my Department, is the State's forensic analysis service and works closely with An Garda Síochána in the investigation of crime and presentation of evidence at criminal trials.
FSI forms a crucial component of the State's criminal justice system and meets a clearly established public need by contributing to the detection of criminal offences and the apprehension and identification of the perpetrators of crime.
The provision of a modern purpose-built Forensic Science Ireland Laboratory has been the subject of discussion and planning for almost 20 years. A proposal, which involves relocating the organisation to a modern purpose-built facility at the State and Agricultural Laboratory complex at Backweston, Co. Kildare, was included in the Public Capital Programme since 2015 and more recently in the National Development Plan. Cabinet gave approval to my predecessor's proposal to proceed with the project on 3rd March 2020.
The main contractor took full possession of the site on 19 March 2020. Work was interrupted by Covid-19 but has since resumed and is proceeding in accordance with the contract. The works over the last number of weeks have consisted primarily of site preparation works, establishment of contractor facilities, foundation works, drainage and preparatory work for hard landscaped areas.
At a cost of €99,518,304 (inclusive of VAT), this new laboratory will provide FSI with a functional, purpose-built facility, achieving best practice standards for evidence processing, analysis and storage. The objective is for a world class facility that meets all relevant standards for FSI's important work. The project represents a significant and important investment in our criminal justice system and is a practical demonstration of the Government’s commitment to investing in the fight against crime.
Projections at this time are for a two year build with completion by July 2022.
959. Deputy Martin Kenny asked the Minister for Justice and Equality the status of the provision of new Garda divisional headquarters in Kevin Street and Galway; the estimated cost of their delivery; when they will be completed; and if she will make a statement on the matter. [15982/20]
Amharc ar fhreagraI can confirm to the Deputy that the new Garda divisional headquarters in Galway and Kevin Street have both been completed and handed over to An Garda Síochána.
I am informed by the OPW that Kevin Street Garda HQ was completed, occupied and operational in spring 2018. The final account was recently agreed for a sum of €31.51m ex VAT. The final account covers the building cost plus full fit out, including specialist areas, excluding only loose furniture.
I am further informed that the Galway Regional HQ was built, occupied and operational in the same time period but that the final account has not yet been agreed
960. Deputy Martin Kenny asked the Minister for Justice and Equality the status of the provision of the replacement of the Harcourt Square complex; the estimated cost of delivery; when the new complex will be completed; and if she will make a statement on the matter. [15983/20]
Amharc ar fhreagraThe Garda Commissioner is by law responsible for the management and control of An Garda Síochána and for the effective and efficient use of Garda resources. Further, the 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.
The overall purpose of the ongoing Garda Building and Refurbishment Programme 2016-2021 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. The programme is based on agreed Garda priorities and includes substantial works at over 30 locations nationwide as well as other works such as cell refurbishment at over 100 locations.
In anticipation of the need to vacate Harcourt Square, the OPW determined, in consultation with An Garda Síochána, that a replacement specialist complex should be constructed that would be purpose-designed, meet Garda requirements, and remain in State ownership. A site identification and selection process was undertaken in 2015, and a preferred state-owned site at Military Road in Dublin 8 was selected.
Work commenced on site on 2 March 2020 with building works expected to be complete within 30 months, upon which it would be handed over to An Garda Síochána to fit out the necessary ICT and furniture requirements. The OPW advises An Garda Síochána that the contract value is €68.8m ex. VAT. While there is a total project budget for this development, the OPW advises that it does not supply details of the total project budget as this figure includes information related to the contingency sum for the project, which would be a commercially sensitive matter.
Similar to most building projects in the State, the Military Road site was closed on 28th March 2020 as a result of COVID-19. Further to the Government announcement of 1st May in relation to the phased return of construction work, the OPW has advised that the site reopened and construction work recommenced on 18th May 2020.
Military Road will not accommodate all Garda Bureaus based at Harcourt Square and OPW is currently working with An Garda Síochána to provide additional accommodation to meet all Garda accommodation requirements arising from the need to vacate Harcourt Square.
961. Deputy Martin Kenny asked the Minister for Justice and Equality the status of the Garda ICT programme; the estimated cost of its completion; and if she will make a statement on the matter. [15984/20]
Amharc ar fhreagraAs the Deputy is aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for carrying on and managing the administration and business of the organisation as well as for the allocation of Garda resources, in light of identified operational demands. As Minister, I have no role in those matters.
Record resources of €1.88 billion, as well as a substantial capital allocation of €116 million, have been made available to An Garda Síochána in 2020. Very significant capital investment is also being made in An Garda Síochána, including investment of €342 million in Garda ICT infrastructure between 2016 and 2021 and investment of €46 million in the Garda fleet over the same period.
The Garda Commissioner is primarily responsible for the effective and efficient use of these resources and Garda management confirm that a broad range of ICT projects and initiatives are being progressed in that regard.
This capital funding on Garda ICT infrastructure will support existing Garda ICT systems and develop them further, to support the ongoing business requirements of An Garda Síochána and enabling them to deploy the latest, cutting-edge technologies in the fight against crime.
A number of key ICT initiatives are currently moving to implementation phase, including for example projects such as:
- rollout of the Rosters and Duty Management System, which will give supervisors better and faster information on the resources available to them;
- phased implementation of the Mobility project, which aims to provide operational Garda members with secure mobile access to Garda systems along with Garda Apps including in particular in relation to roads;
- rollout on a pilot basis of the Investigations Management System, which will standardise, digitise and support the management of all investigations arising from a PULSE incident; and
- staged deployment of a new national Computer Aided Dispatch System, to capture emergency calls and dispatch of resources to the incident.
962. Deputy Martin Kenny asked the Minister for Justice and Equality the status of the redevelopment of Limerick Prison; the estimated cost of delivery; when it will be completed; and if she will make a statement on the matter. [15985/20]
Amharc ar fhreagraProvision of safe and secure custody and dignity of care to persons in the penal system in Ireland is a priority for me as Minister and for the Irish Prison Service. Delivery of the Limerick Prison redevelopment project is a key part of ongoing work in relation to the prison estate and is reflected in the Prison Service Strategic Plan 2019-2022.
I am advised by the Irish Prison Service that the redevelopment works currently in progress at Limerick Prison include:
- A new accommodation block for male prisoners and all necessary rehabilitative support facilities to assist prisoners to reintegrate into society on release from custody;
- A new stand-alone accommodation unit for female prisoners, including all necessary support facilities;
- A new gate house and vehicle lock and offices for the Prison Service Escort Corps;
- New visit facilities and exercise yards, astro turf pitch; and
- New offices for the Probation Service.
The total project budget is €71.5 million. I understand that the contract for the construction of these works was awarded in February 2019 and that the project is currently scheduled for completion in the last quarter of 2021.
I am informed that, prior to the Covid-19 pandemic, the project was on time and on budget. However the Deputy will appreciate that temporary suspension of construction work was necessary earlier this year in light of the pandemic and that it is possible that public health guidelines on safe working may have an impact on work at the site in future. As a result, the precise date for completion of the project is currently the subject of ongoing discussions with the contractor.
I am confident that when the project is completed, it will represent another important milestone in the modernisation of the prison estate, following on from the construction of the new prison facilities in Cork.
963. Deputy Martin Kenny asked the Minister for Justice and Equality the status of the redevelopment of the Mountjoy Prison campus; the estimated cost of delivery; when it will be completed; and if she will make a statement on the matter. [15986/20]
Amharc ar fhreagraProvision of safe and secure custody and dignity of care to persons in the penal system in Ireland is a priority for me as Minister and for the Irish Prison Service.
I am advised by the Irish Prison Service that a major programme of work was undertaken at Mountjoy Prison over a 5-year period and completed in 2016, with the primary objective of installing in-cell sanitation, and ending the practice of “slopping out”. I understand that in addition to this urgent work, the opportunity was taken to upgrade the fabric and conditions of the cell accommodation and provide new facilities including for computer training, construction studies, industrial cleaning, fabric workshops and carpentry/joinery workshops and additional indoor recreation facilities.
I am further informed that the closure of the former St. Patrick’s Institution, located on the Mountjoy Prison campus, enabled the redesignation of that facility as part of Mountjoy Prison providing single cell occupancy and use as a progression unit for the rehabilitation of prisoners.
In addition, I understand that a major capital project was undertaken at the Dóchas Centre, completed in December 2018, which involved the refurbishment of 28 bedrooms, associated circulation spaces and shared social rooms.
I further understand that the Training Unit located on the Mountjoy prison campus was temporarily closed in 2017, to facilitate its repurposing as a facility for older prisoners in recognition of their unique health, welfare and occupational needs. The work was substantially completed in December 2019 but I understand that in the context of the Covid-19 pandemic, a decision was taken to defer the reopening of the Unit and instead to keep it in reserve should it be required in response to the pandemic. I am informed by the Irish Prison Service that the reopening of the Training Unit is being kept under constant review in light of contingency planning requirements related to the pandemic.
Other than those works which have already been completed and as the Deputy will appreciate, the National Development Plan under Project Ireland 2040 references the future redevelopment of the Mountjoy Prison campus, to be undertaken on a phased basis over the period 2021 to 2031.
I am informed that a masterplan for the redevelopment of the Mountjoy complex was formulated over the period 2014-2016 and that a preliminary costing exercise undertaken in 2016 estimated the cost of the project at approximately €63 million. A further review of the project in 2018 estimated the cost in excess of €70 million to include professional fees, together with the full range of technical, environmental, geotechnical, conservation reports etc commensurate with a project of this scale and cognisant of the historical nature of Mountjoy Prison.
All options regarding the future redevelopment of Mountjoy Prison are being kept under review, having regard to budgetary and operational requirements as well as the extensive work undertaken at the Mountjoy Prison campus as I have outlined it above.
The Deputy will also appreciate that the Programme for Government includes a commitment to take a comprehensive approach to the development of the next Capital Strategy for the Irish Prison Service, to ensure the availability of modern detention facilities with adequate capacity.
