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Tuesday, 28 Jul 2020

Written Answers Nos. 813-832

Garda Transport Provision

Ceisteanna (814)

Darren O'Rourke

Ceist:

814. Deputy Darren O'Rourke asked the Minister for Justice and Equality if funding will be provided to purchase additional Garda prisoner transport vehicles. [19081/20]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána.  In addition, 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.  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 informed by the Garda authorities that 3 prisoner transport vehicles were allocated to the Garda Fleet in 2019, and a further 2 prisoner transport vehicles were allocated to the Garda Fleet in 2020.

I am advised that there are currently 16 Prisoner Transport Vehicles attached to the Garda Fleet.  These are vehicles specifically designed for Prisoner Transport with a minimum capacity for 4 prisoners in individual cells dependent on the vehicle. This does not include the 106 Marked Ford Transit Vans which are allocated to Patrol Duties, each having two individual cells.

I am further advised that there are no plans to purchase additional prisoner transport vehicles this year and that the operational need for all vehicle types will be considered in the context of the 2021 budgetary process. 

I am informed by the Garda authorities that as of 30 June 2020, there were 2,961 vehicles attached to the Garda Fleet, including vehicles attached to the national units.  For clarity, this figure does not include the additional 210 vehicles which have been hired by An Garda Síochána this year, to provide additional capacity during the Covid-19 pandemic.  

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. 

Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020.  I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000.  The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.  

Direct Provision System

Ceisteanna (815)

John Brady

Ceist:

815. Deputy John Brady asked the Minister for Justice and Equality the number of properties used in County Wicklow as emergency accommodation for asylum seekers and refugees; and if she will make a statement on the matter. [19107/20]

Amharc ar fhreagra

Freagraí scríofa

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 19 July 2020, there are 203 persons living in two emergency accommodation premises in County Wicklow.

My Department is working very hard to ensure that residents in emergency accommodation are re-accommodated in dedicated accommodation centres as quickly as possible.

Departmental Priorities

Ceisteanna (816)

Cian O'Callaghan

Ceist:

816. Deputy Cian O'Callaghan asked the Minister for Justice and Equality if the commitment to the sustainable development goals will be reflected in the Strategy and Work Plan 2020-2025 of his Department; his plans to monitor and report annually on the progress towards achieving the goals; and if she will make a statement on the matter. [19120/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Public Service Management Act 1997 requires each Government Department to publish at regular intervals a Statement of Strategy, setting out its key objectives, outputs and related strategies for the relevant period.

As the Department’s most recent strategy statement covers the period 2016-2019, officials in my Department have been working to prepare a new statement which will be launched in 2020. While the Deputy refers to a Work Plan covering the period 2020-2025, the Public Service Management Act requires the submission of a new statement following the expiration of a three year period since the preparation of the previous statement. Therefore any statement, and associated work plan, can only cover the period 2020–2023.

Officials in my Department are currently working to reflect in the new strategy statement the relevant Programme for Government commitments and the forthcoming transfer of functions from my Department and to agree the appropriate reporting mechanisms which will enable my Department to monitor, track and report progress on a regular basis.

The work of my Department will be closely aligned to a number of the social and economic dimensions of the Sustainable Development Goals (SDGs), for example Goal 16 – Peace, Justice and Strong Institutions,  while corporate areas will also give due regard to the various environmental dimensions in their policies and activities. As the 2030 Agenda for the SDGs encourages the development of a national response, we will be working closely with colleagues on relevant interdepartmental arrangements on coordination and progress reporting.

Criminal Assets Bureau

Ceisteanna (817, 818)

Neale Richmond

Ceist:

817. Deputy Neale Richmond asked the Minister for Justice and Equality the value of items seized by the Criminal Assets Bureau; and if she will make a statement on the matter. [19130/20]

Amharc ar fhreagra

Neale Richmond

Ceist:

818. Deputy Neale Richmond asked the Minister for Justice and Equality the way in which the proceeds and items seized by the Criminal Assets Bureau are disposed of; and if she will make a statement on the matter. [19131/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 817 and 818 together.

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996.  The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.

The Bureau is widely regarded as a best practice model in the context of combating organised crime.  It works closely with law enforcement bodies at national and international levels and continues to relentlessly pursue the illicit proceeds of organised crime activity. The actions of the Bureau send a strong message to criminals and to local communities that profiting from crime will not be tolerated.

The Proceeds of Crime Acts 1996 - 2016 provide the legal framework underpinning the Bureau's powers to take all necessary actions, including the making of applications to the High Court, in relation to the seizing and securing of assets with a view to their disposal in due course in accordance with the provisions of that legislation.

The Deputy will be aware that all funds collected by the Criminal Assets Bureau (CAB) in the course of its activities are returned to the Exchequer for the benefit of the Central Fund, in accordance with the relevant legislation. 

The sale / disposal of all assets are dealt with on a case by case basis and in accordance with the Order(s) of the High Court.  These Orders can specify the method / type of sale required, approval and/or other stipulations as the Court views appropriate in each case. Therefore, it is not possible for the Criminal Assets Bureau to provide definitive times or locations of sales of seized items.

The method of sale is also dependent upon the assets type/category and whether that asset is being sold by a court appointed receiver or pursuant to a vesting order. When deciding the method of sale/disposal, consideration is given to the type of asset, the advices of experts (e.g. auctioneers in the case of houses, horologists in the case of watches, etc.), the source of that asset and any risk factors that may be involved or associated to or with that asset. As previously stated, the method of sale/disposal is also subject to the order of the High Court.

The options available in the sale/disposal of real property (houses/land) are;

- Direct sale to local authority/housing agency (after independent inspection, valuation and advice)

- Sale by private treaty

- Sale by public auction

The options available in the case of vehicles are;

- Sale by public auction

- Use and employment of independent broker

The options available in the case of movable assets (e.g. watches, jewellery, designer goods) are;

- Sale by public auction

- Use and employment of independent broker.

The Criminal Assets Bureau, under the provisions of the Proceeds of Crime Act 1996-2016, has frozen assets to the value of €231,918,179, GBP £21,864,840 and USD $12,935,685 under Section 2 and Section 3 for the years 1996 – 2019.

The investigations conducted by the Criminal Assets Bureau and the consequential proceedings and actions resulted in €194,518,433.05 returned to the Exchequer as a whole for the years 1996 – 2019, a breakdown of which is below:

Proceeds of Crime legislation:           €  30,519,179

Revenue legislation:                           €159,284,028

Social Welfare legislation:                  €    4,715,226

Total Returned to Exchequer:         €194,518,433

Proposed Legislation

Ceisteanna (819)

Neale Richmond

Ceist:

819. Deputy Neale Richmond asked the Minister for Justice and Equality when hate speech legislation will be published; and if she will make a statement on the matter. [19132/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the Prohibition of Incitement to Hatred Act 1989 prohibits threatening, abusive or insulting conduct that is intended or likely to stir up hatred against a group of persons on account of their sexual orientation, race, colour, nationality, religion, ethnic or national origins, or membership of the travelling community.  In addition, a hate motive may be considered by sentencing judges as an aggravating factor increasing the sentence imposed, where a person has been found guilty of a crime such as assault.  

However, my Department is working to update Ireland’s criminal law on both hate speech and hate crime as a priority.

A comprehensive public consultation has been carried out to assist in this process, including a public survey and an opportunity for stakeholders to make formal submissions. This consultation has been carried out to ensure that the Department fully understands the lived experience of those impacted by hate speech and hate crime as well as the views of professionals and other stakeholders in the field, so that the laws developed are robust, clearly understood and effective in dealing with unacceptable incidents.

There has been strong engagement by the public with this topic. The Department has received in the region of 3,800 written responses to the consultation, including approximately 175 detailed written submissions.

In parallel, my Department has carried out comparative research on international best practice on hate crime legislation.  This research is currently being finalised and is expected to be published shortly.

My officials are analysing all of these materials, as well as other relevant legal and policy information, to ensure that any legislative proposals which are made are evidence-based, proportionate and effective, while respecting freedom of expression.

There will be a further opportunity for stakeholders to share their views when the legislative proposals on this important issue are published for discussion.

I am confident that the approach being taken - including research and providing the opportunity for experts and members of the public to provide their views through consultation - will help to ensure that the legislation we develop will deliver a safer, fairer and more inclusive Ireland for everyone, now as well as into the future.

Immigration Data

Ceisteanna (820)

Holly Cairns

Ceist:

820. Deputy Holly Cairns asked the Minister for Justice and Equality the number of persons detained in prisons due to refused leave to land at the border; the length of their detention, by month and nationality, for the period of 1 Jan 2016 to 14 July 2020, inclusive in tabular form. [19148/20]

Amharc ar fhreagra

Freagraí scríofa

Section 5 of the Immigration Act 2003 (as amended by the International Protection Act 2015), contains the main provisions dealing with the detention of persons refused leave to land. It specifies that a person to whom this section applies may be arrested by an immigration officer or a member of An Garda Síochána and detained in a prescribed place of detention for the purpose of facilitating their removal from the State, which must be as soon as is practicable.

It is the general practice to remove persons from the State on the next available flight or ship.

It should be noted that should any person who has been refused leave to land in the State seek entry to the State at a future point, their application will be assessed on its own merits taking all relevant information into consideration at that time. Their prior immigration history is a matter of record but does not preclude them from seeking permission to enter the State in the future.

 The information sought by the Deputy on the numbers of persons detained in prisons for the period of 1 January 2016 to 14 July 2020, is not recorded by the Garda National Immigration Bureau (GNIB) and to accurately obtain the requested information would require significant resource deployments by the GNIB to examine all individual records pertaining to persons refused leave to land for the period requested.

For the information of the Deputy,  the following tables provide the numbers of 'Refusals of Leave to Land' at Dublin Airport by the Border Management Unit of my Department for the years requested.

Year

Refusals

2016

2007

2017

2288

2018

4001

2019

6109

2020 (to 14th July)

1054

 The BMU has responsibility for frontline immigration at Dublin Airport only and other ports of entry are the responsibility of GNIB.  From 2016 to October 2017, BMU operated immigration controls in Terminal 1 and GNIB operated immigration controls in Terminal 2.

Over the last four years the total number of persons refused permission to enter the State at all ports is as follows:

Year

Refusals

2016

3950

2017

3745

2018

4795

2019

7455

Source: Eurostat Database.

Refugee Resettlement Programme

Ceisteanna (821)

Neale Richmond

Ceist:

821. Deputy Neale Richmond asked the Minister for Justice and Equality if consideration will be given to relocating a family (details supplied); and if she will make a statement on the matter. [19159/20]

Amharc ar fhreagra

Freagraí scríofa

The extended family of the person concerned had been resettled in Mullingar several years prior to his arrival in the State under the Irish Refugee Protection Programme (IRPP). Westmeath County Council fulfilled its allocation for the resettlement of refugee families in April 2019 and no further housing allocation is expected. The Westmeath Refugee Resettlement Programme had already been extended by an additional seven months to facilitate further integration supports to recently arrived families.  It was not possible, therefore, for the person concerned and his immediate family to be allocated housing in Mullingar, as was desired.

The family concerned was initially allocated housing in County Wicklow. However, the Integration Service Delivery Unit of my Department subsequently secured alternative accommodation in Clara, Co. Offaly, with the assistance of Offaly County Council, to enable them to be closer to their extended family in Mullingar.

Unfortunately, it is not possible for my Department to secure housing for families in particular locations as the allocation of housing is matter for the Local Authorities. Families are of course free to source their own housing throughout the country and are entitled to the same supports as all other citizens including the Housing Assistance Payment (HAP) scheme.

Covid-19 Pandemic

Ceisteanna (822)

Aengus Ó Snodaigh

Ceist:

822. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the stock of personal protective equipment, PPE, held in reserve by her Department in anticipation of a second wave of Covid-19 or another health emergency requiring all members of An Garda Síochána, the Probation Service, prison staff and other related services to be equipped 24-7 with same. [19172/20]

Amharc ar fhreagra

Freagraí scríofa

My Department continues to work closely with all relevant justice sector agencies, including An Garda Síochána, the Irish Prison Service and the Probation Service, to address the significant challenges posed by the Covid-19 pandemic and to respond to the evolving situation in line with public health advice.  The welfare and safety of our frontline staff providing essential services at this time is of paramount importance.

I understand that the Irish Prison Service supply PPE to all areas within the prison estate including Prison Service Escort Corps staff.  I have been advised that the IPS maintain fortnightly records of the use within each prison to ensure all prisons have appropriate PPE stock levels at all times.

The Service have advised that the current PPE stock level as of 27 July 2020 is as follows, 73,220 FFP2 Masks, 791,900 Surgical masks,  6,867 goggles, 3,910 face visors, 59,000 aprons and 15,000 gowns.

In addition, the prison estate is in receipt of a supply of gloves 500,000 in the last two weeks and that a stock of 1,000,000 Gloves are available in stores, in addition to the equipment outlined above.

I am advised that the Probation Service currently has a limited supply of PPE to hand but is working to procure additional stock, as required. While the wearing of PPE in the Probation Service is not mandatory at present, this is an evolving situation (and subject to the advice of relevant health experts). 

An Garda Síochána is playing a key role in supporting the public health guidelines and restrictions which are in place to prevent or reduce spread of the Covid-19 virus.

The Commissioner is by law responsible for the administration and management of An Garda Síochána, including the distribution of resources and deployment of equipment. The Commissioner also has responsibility for the safety, health and welfare of Garda members.

I am informed that An Garda Síochána provides all Garda Divisions and Specialist Units with PPE on a weekly basis from central stores. I understand that PPE supplies are then distributed by each Division to all Garda Stations under their aegis, to ensure that Garda members and staff have adequate supplies available to meet operational requirements. I understand that a Divisional Inspector is responsible for the distribution of PPE in each Division and stocks are replenished on request. 

To give a sense of volume, I understand that in the period from the onset of the virus until mid-May, approximately 2 million pairs of disposable gloves, over 200,000 face masks and 50,000 litres of hand sanitiser in refillable plastic bottles were distributed.

An Garda Síochána continues to provide members with items of the following PPE including, hand sanitizer, protective gloves, anti-bacterial wipes, cleaning agents, visors, goggles and other items of PPE equipment, as requested.

I am informed by the Garda authorities that the organisation currently has six months’ stock which is being maintained to ensure members have ready access in anticipation to future COVID-19 or other health emergencies.

Medical Cards

Ceisteanna (823)

Joe Carey

Ceist:

823. Deputy Joe Carey asked the Minister for Health when legislation will be introduced to amend the qualifying criteria for persons aged over 70 years of age to entitle them to a medical card if their gross weekly income is less than €550 per week as a single person or €1,050 as a couple; and if he will make a statement on the matter. [17971/20]

Amharc ar fhreagra

Freagraí scríofa

The Health (General Practitioner Service and Alteration of Criteria for Eligibility) Bill 2020 was published on 1 July.  This Bill provides, amongst other things, for the necessary legislative amendments to increase the weekly gross medical card income limits for those aged 70 and over to €550 per week for a single person (currently €500 per week) and to €1,050 for a couple (currently €900 per week).  The Bill completed its passage through the Houses of the Oireachtas on July 24th and is now being prepared for signature by the President.

Covid-19 Pandemic

Ceisteanna (824)

Michael Ring

Ceist:

824. Deputy Michael Ring asked the Minister for Health if he sought or obtained a legal opinion regarding the constitutionality of the guidelines and regulations emanating from his Department in respect of the movement of citizens and their freedom to meet and travel; if so, if he will publish this opinion; if he will identify the source of this information; and if he will make a statement on the matter. [18307/20]

Amharc ar fhreagra

Freagraí scríofa

I will assume that the Deputy’s question is referring to Regulations made in accordance with amendments made to the Health Act 1947 by the Health (Preservation and Protection and Other Emergency Measures in the Public Interest) Bill 2020, which was signed into law by the President on the 20th of March 2020 following its passage through the Dáil and the Seanad. I note the Deputy also refers to “guidelines and measures”, however my understanding is that Constitutional issues would not be invoked in relation to guidelines.   

 The Health (Preservation and Protection and Other Emergency Measures in the Public Interest) Act 2020 amended the Health Act 1947 to provide for, amongst other matters, a new section (section 31A) on regulation making powers to prevent, limit, minimise or slow the spread of Covid-19 or where otherwise necessary, to deal with the public health risks arising from the spread of Covid-19.   In making regulations under section 31A of the Health Act 1947, the Minister for Health  is required by section 31A(2) to have regard to the immediate, exceptional and manifest risk posed to human life and public health, and must also, in accordance with the Act, have regard to a number of factors. 

The preamble to the Act highlights its exceptional nature and purpose (i.e. to address the unprecedented nature of the Covid-19 public health emergency).  The preamble also gives due regard to the need to defend and vindicate the rights of citizens to life and bodily integrity as central considerations informing the drafting of the Bill, emphasising the State’s responsibilities in relation to both.

The legislation referred to above, and the regulations arising from it under section 31A of the Act were drafted by Parliamentary Counsel and the Office of the Attorney General to ensure that no legal or constitutional matters were impinged upon. The Bill is due to expire on the 9th of November 2020, unless a resolution approving its continuation is passed by both Houses of the Oireachtas.

Throughout the period in which this legislation has been enacted, the Government has been immensely conscious of the sacrifices which have been made by people across the country as a result of the restrictions on their movement that have been imposed in recent months. We have endeavoured to remove those restrictions in line with the progression of the disease, and fortunately have been in a position to unwind many of them at this point. However, the continued detection of Covid-19 in the community indicates that there remains a threat of a resurgence of the virus and hence, certain measures have been kept in place for the present. They are under constant review and will of course be removed as soon as it is safe to do so.

Mental Health Services

Ceisteanna (825)

Martin Kenny

Ceist:

825. Deputy Martin Kenny asked the Minister for Health the estimated cost of increasing the budget for psychiatric services in prisons by 20%. [18450/20]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Social Workers Recruitment

Ceisteanna (826)

Kathleen Funchion

Ceist:

826. Deputy Kathleen Funchion asked the Minister for Health the estimated cost of employing an additional 50 social workers. [18662/20]

Amharc ar fhreagra

Freagraí scríofa

I have asked the HSE to respond directly to the Deputy on this matter.

HSE Staff

Ceisteanna (827)

Kathleen Funchion

Ceist:

827. Deputy Kathleen Funchion asked the Minister for Health the estimated cost of recruiting an additional ten administrative support staff for social workers. [18663/20]

Amharc ar fhreagra

Freagraí scríofa

I have asked the HSE to respond directly to the Deputy on this matter.

Aftercare Services

Ceisteanna (828)

Kathleen Funchion

Ceist:

828. Deputy Kathleen Funchion asked the Minister for Health the estimated cost of recruiting an additional ten after care workers. [18664/20]

Amharc ar fhreagra

Freagraí scríofa

I understand that the Deputy has provided a clarification that this matter relates to care of foster children.  Matters relating to children fall within the remit of the Minister for Children and Youth Affairs.

Covid-19 Pandemic

Ceisteanna (829)

Brendan Griffin

Ceist:

829. Deputy Brendan Griffin asked the Minister for Health if a proposal (details supplied) to use medical detection dogs at airports and ports to detect Covid-19 will be investigated; and if he will make a statement on the matter. [18667/20]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to the answer given to Parliamentary Question 7093/20 of 27 May 2020. I can confirm that the position as outlined remains unchanged.

Prescriptions Charges

Ceisteanna (830)

Patricia Ryan

Ceist:

830. Deputy Patricia Ryan asked the Minister for Health the estimated cost in a full year if prescription charges were abolished for medical card holders over 70 years of age; and if he will make a statement on the matter. [18732/20]

Amharc ar fhreagra

Freagraí scríofa

Under the Health (Pricing and Supply of Medical Goods) Act 2013, the HSE has statutory responsibility for the administration of the community drug schemes; therefore, the matter has been referred to the HSE for attention and direct reply to the Deputy.

Medical Aids and Appliances

Ceisteanna (831)

Michael Healy-Rae

Ceist:

831. Deputy Michael Healy-Rae asked the Minister for Health the status of a device for a person (details supplied); and if he will make a statement on the matter. [17973/20]

Amharc ar fhreagra

Freagraí scríofa

Under the Health (Pricing and Supply of Medical Goods) Act 2013, the HSE has statutory responsibility for the administration of the community drug schemes; therefore, the matter has been referred to the HSE for attention and direct reply to the Deputy.

Disability Services Provision

Ceisteanna (832)

Jennifer Carroll MacNeill

Ceist:

832. Deputy Jennifer Carroll MacNeill asked the Minister for Health the supports available to a person (details supplied); if the person is in receipt of the maximum level of support available under the HSE personal assistant service in view of the fact that the supports being received are shared with a sibling and that the current level of support will enable each of them only to shower and get dressed and do nothing further for the day; and if he will make a statement on the matter. [17981/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

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