Thursday, 30 Jul 2020

Written Answers Nos. 1024-1048

Garda Transport Provision

Ceisteanna (1024)

Neale Richmond

Ceist:

1024. Deputy Neale Richmond asked the Minister for Justice and Equality the number of 4x4 vehicles currently used by An Garda Síochána; and if she will make a statement on the matter. [19692/20]

Freagraí scríofa

Minister for Justice and Equality

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 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.  

For the Deputy's information the table below sets out all vehicles assigned to the Garda fleet as of  that date.

Cars	Vans	Motorcycles	4x4	* Others	Total
2,209	501	115	82	54	2,961

*The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles

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.  

Legal Services Regulation

Ceisteanna (1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032)

Catherine Connolly

Ceist:

1025. Deputy Catherine Connolly asked the Minister for Justice and Equality the reason it took five years from the EU/IMF agreement requiring reform of the legal profession to the enactment of the Legal Services Regulation Act 2015; the reason it took a further five years to implement the Act; and if she will make a statement on the matter. [19701/20]

Catherine Connolly

Ceist:

1026. Deputy Catherine Connolly asked the Minister for Justice and Equality if funding was provided by the EU for legal reform pursuant to the EU/IMF agreement; the cost to date of this reform; and if she will make a statement on the matter. [19702/20]

Catherine Connolly

Ceist:

1027. Deputy Catherine Connolly asked the Minister for Justice and Equality the body or agency of the EU charged with monitoring the reform of the legal profession here pursuant to the EU/IMF agreement; if she will provide details and findings of progress reports in this regard; and if she will make a statement on the matter. [19703/20]

Catherine Connolly

Ceist:

1028. Deputy Catherine Connolly asked the Minister for Justice and Equality the reason the Legal Services Regulatory Authority removed the right of a person to bring a matter before the Solicitors’ Disciplinary Tribunal; the mechanism by which a person may now bring a matter before the Solicitors’ Disciplinary Tribunal; and if she will make a statement on the matter. [19704/20]

Catherine Connolly

Ceist:

1029. Deputy Catherine Connolly asked the Minister for Justice and Equality the estimated annual cost of the Legal Services Regulatory Authority to date in 2020, in tabular form; and if she will make a statement on the matter. [19705/20]

Catherine Connolly

Ceist:

1030. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of persons employed at the Legal Services Regulatory Authority by grade, in tabular form; the number of those who formerly worked in the complaints department of the Law Society; the procedure by which persons formerly employed by the Law Society were appointed to the authority; and if she will make a statement on the matter. [19706/20]

Catherine Connolly

Ceist:

1031. Deputy Catherine Connolly asked the Minister for Justice and Equality the reason the time frame within which to bring a complaint to the Legal Services Regulatory Authority was reduced from five to three years; and if she will make a statement on the matter. [19707/20]

Catherine Connolly

Ceist:

1032. Deputy Catherine Connolly asked the Minister for Justice and Equality the agency or body charged with regulating the Law Society of Ireland; the agency or body that the body is answerable to in the event that it is found to have acted unlawfully; and if she will make a statement on the matter. [19708/20]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 1025 to 1032, inclusive, together.

The Legal Services Regulatory Authority (LSRA) was established on 1 October 2016 under the Legal Services Regulation Act of 2015. The Act was one of our national undertakings in support of structural reform, national competitiveness and economic recovery under the EU/IMF/ECB Memorandum of Understanding on Specific Economic Policy Conditionality of 28th November 2010.  The early deadline for the publication of the Bill was met and it commenced its passage through the Oireachtas with Dáil Second Stage on 16 December 2011. The Bill was one of a series of competing legislative priorities which had to be met in support of national recovery including, for example, in response to the very pressing issues of insolvency, bankruptcy and personal debt.

In more specific terms the Bill delivered our Troika undertakings to establish an independent regulator for the legal profession; to implement the recommendations of the Legal Costs Working Group, and to implement the outstanding recommendations of the Competition Authority to reduce legal costs.

The subsequent progress of the Legal Services Regulation Bill 2011 and its detailed debate before both Houses up to enactment in December 2015 are a matter of public record on the Oireachtas website. The implementation of the Bill and other undertakings of the Troika Programme are also a matter of public record both in their regular reporting by Government to the Houses and in the form of the Reviews of the Economic Adjustment Programme for Ireland published several times each year by the European Commission between 2011 and 2013. This was followed by a series of post-programme surveillance reports by the Commission, the latest of which was published last Autumn. An ‘Ex Post Evaluation’ of the programme for 2010 to 2013 is also publicly available with all of these documents and their accompanying financial information on the website ec.europa.ie.  Full details of the Legal Services Regulatory Authority, its budget and roll-out of functions and its annual and other statutory reports which have been laid before the Houses, are publicly available on its website www.lsra.ie.

In relation to the specific issues raised by the Deputy about the operation of the legal services regulatory regime, under the Solicitors Acts dating back to 1954, the Law Society has been the designated body for the regulation of solicitors in the State and the Solicitors’ Disciplinary Tribunal has dealt with cases of serious professional misconduct. With the commencement of the relevant provisions of the Legal Services Regulation Act 2015 by my predecessor Minister Charlie Flanagan with effect from 7th October 2019, we are now setting up the new Legal Practitioners’ Disciplinary Tribunal which is entirely independent of the Regulatory Authority and the legal professional bodies in the exercise of its functions. The Tribunal which is due to come into operation later this year, will deal with allegations of serious misconduct by all legal practitioners, whether they be solicitors or barristers. While the Solicitors’ Disciplinary Tribunal is now being wound down in response to the new regulatory regime, matters already before it under the previous legislation will have to be completed under the applicable law which applied for that purpose including under the relevant review and appeal structures set out in the Solicitors’ Acts. This is entirely separate from the new statutory functions of the LSRA.

However, under the new regulatory regime of the 2015 Act allegations of professional misconduct by solicitors and barristers are no longer dealt with through their professional bodies as was previously the case. Rather, they are considered independently by the Regulatory Authority, whose Complaints Committee may refer relevant matters of serious misconduct to the new and separate Legal Practitioners’ Disciplinary Tribunal.

In relation to the time allowed under the 2015 Act for the bringing of complaints about legal practitioners, I would point out that there is no time limit on the bringing of complaints about professional misconduct before the regulatory authority. The three-year period referred to by the Deputy relates only to more minor services and costs issues which would fall short of professional misconduct. This is solely intended to support clients in seeking to resolve matters of this nature by more informal means.

In relation to the total expenditure by the Legal Services Regulatory Authority since its establishment  in October 2016 the situation is as set out in the following table.

LSRA Expenditure by Year 2016 to 2019

Year	Total Expenditure
Oct 2016-31 Dec 2017	€871,839
1 Jan 2018- 31 Dec 2018	€1,294,903
1 Jan 2019-31 Dec 2019	€1,653,549

The Deputy will also wish to be aware that under Part 7 of the Legal Services Regulation Act 2015, the LSRA is also funded by an annual levy on those legal practitioners who come within the terms of its regulatory functions based on the actual expenditure of the Authority in the preceding financial year. The first such levy was raised by the Authority in November 2019 for the financial year 2018. The levy process for the 2019 financial year is currently underway.

Staffing numbers at the LSRA have grown with the roll-out of its functions under the relevant sanction of the Department of Public Expenditure and Reform. A total staff allocation of 55 is allowed for, 51 with the Authority itself and 4 who work separately in support of the operation of the new and independent Legal Practitioners’ Disciplinary Tribunal.

LSRA Staff Resources as at 24 July 2020

Grade	Staff Allocation	As at 24/07/2020	Vacancy
Assistant Secretary	1	1	0
Principal Officer	2	2	0
Assistant Principal Officer	6	6	0
Advisory Counsel Grade III	1	0	1
State Solicitor	12	6	6
Higher Executive Officer	10	3	7
Executive Officer	3	0	3
Clerical Officer	16	16	0
Total	51	34	17

The transfer of appropriately qualified staff of the Law Society to specifically support the public complaints functions of the LSRA took place under the detailed terms set out in section 26 of the Legal Services Regulation Act 2015.  This was a once-off transitional arrangement under which a total of 11 former Law Society staff exercised this option.  Of these, seven are assigned to the LSRA’s Complaints, Investigations and Resolutions Department, while the remaining four are currently providing ongoing logistical and administrative support to the completion of the work of the Solicitors Disciplinary Tribunal. The Complaints, Investigations and Resolutions Department currently has 17 staff assigned to it and further public recruitment is planned before the end of the year.

Ministerial Advisers

Ceisteanna (1033)

Gerald Nash

Ceist:

1033. Deputy Ged Nash asked the Minister for Justice and Equality the names and salaries of her special advisers; the salaries paid to each Minister and Minister of State in her Department; and if she will make a statement on the matter. [19725/20]

Freagraí scríofa

Minister for Justice and Equality

On the commencement of every Dáil, the Department of Public Expenditure and Reform issues guidelines setting out the arrangements for the staffing of Ministerial Offices. The appointment of Special Advisers is subject to section 11 of the Public Service Management Act 1997.

The Guidelines for the 33rd Dáil, which incorporate the principles of section 11 of the PMSA Act, are currently awaiting Government approval. 

The appointment of individual Special Advisers is a matter for each Government Minister subject to the terms set out in the aforementioned guidelines, although the appointments are also subject to formal Government approval.  At this stage, no Special Advisers have been formally appointed to my Department by the Government. 

However, the Deputy may wish to note that I have assigned two people to work with me as Special Advisers and those people will be formally appointed by the Government once the Guidelines have been approved.

The Minister for Public Expenditure and Reform must be notified of the rate of salary to be paid in all cases for Special Advisers; these rates will then be published on the website of the Department of Public Expenditure and Reform.

Criminal Assets Bureau

Ceisteanna (1034)

Gerald Nash

Ceist:

1034. Deputy Ged Nash asked the Minister for Justice and Equality the amount of proceeds from crime collected by the Criminal Assets Bureau that will go back into the Exchequer in regard to 2019 and to date in 2020; and if she will make a statement on the matter. [19732/20]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be aware, 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.

I have been informed by the Garda Authorities that the following table sets out monies returned to the Exchequer by the Bureau, under section 4(1) / 4(A) of the Proceeds of Crime Act 1996 – 2016, for the years 2018, 2019 and 2020 (to date).   

Monies returned to the Exchequer by CAB

Returns to the Exchequer under Proceeds of Crime legislation
Year	Amount
2018	€2,271,800
2019	€1,559,727
2020 (30/06/2020)	€95,487

For the Deputy's information, these figures represent a proportion of the funds returned to the State by CAB. The Bureau also returns funds to the State under Revenue legislation and through recovery of social welfare overpayments. In 2018, CAB returned in excess of €5.6 million to the State including €3.097 million under Revenue legislation and €0.323 in social welfare overpayments in addition to the above figures. For 2019, CAB returned in excess of €3.9 million to the State including €2.026 million under Revenue legislation and €0.324 in social welfare overpayments in addition to the above figures. 

Road Traffic Accidents

Ceisteanna (1035, 1036)

Thomas Gould

Ceist:

1035. Deputy Thomas Gould asked the Minister for Justice and Equality the number of road traffic collisions involving pedestrians in Cork city from 2010 to 2019 and to date in 2020, in tabular form. [19788/20]

Thomas Gould

Ceist:

1036. Deputy Thomas Gould asked the Minister for Justice and Equality the number of road traffic collisions involving cyclists in Cork city from 2010 to 2019 and to date in 2020, in tabular form. [19789/20]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 1035 and 1036 together.

I can inform the Deputy that road safety remains a high priority for An Garda Síochána and for my Department, working closely in cooperation with the Department of Transport. Any serious injury or fatality is of great concern.

An Garda Síochána is responsible for collating information regarding road traffic collisions. I am informed that the following table details the number of road traffic collisions in which a pedestrian was seriously or fatally injured in the Cork City Garda Division between 1st January 2010 and 27th July 2020.  Collisions in which pedestrians received minor injuries or no injuries may or may not be reported to Gardaí, and as a consequence are not included in the below numbers.

Year	Number of Collisions
2010	10
2011	15
2012	8
2013	6
2014	2
2015	6
2016	16
2017	18
2018	22
2019	22
01/01/2020-27/07/2020	7

With regard to road traffic collisions involving pedal cyclists, the following table details the number road traffic collisions in which a pedal cyclist was seriously or fatally injured in the Cork City Garda Division between 1st January 2010 and 27th July 2020.  Collisions in which pedal cyclists received minor injuries or no injuries may or may not be reported to Gardaí and as a consequence are not included in the below numbers.

Year	Number of Collisions
2010	0
2011	1
2012	1
2013	1
2014	3
2015	3
2016	2
2017	9
2018	8
2019	9
01/01/2020-27/07/2020	6

Furthermore, I am informed that between December 2019 and June 2020 the staffing levels in the Cork City Roads Policing Unit has been increased from 31 to 33 members. 

An Garda Síochána has been allocated an unprecedented budget of €1.88 billion for 2020, as well as capital funding of over €116 million this year.  This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation.  Garda numbers are now at their highest ever, with over 14,750 members and almost 3,000 Garda staff nationwide.

The distribution of Gardaí is an operational matter determined by An Garda Síochána based on a range of factors including population and crime rates, and Garda management keeps the distribution of resources under continual review.

The Garda Commissioner has established the Garda National Roads Policing Bureau (GNRPB) to ensure a consistent approach to road safety and enforcement of road traffic legislation across the country. This is achieved through coordination of enforcement and development of policy based on research and analysis of statistics and by engaging in campaigns in partnership with other State Agencies.

Garda Data

Ceisteanna (1037, 1038)

Alan Kelly

Ceist:

1037. Deputy Alan Kelly asked the Minister for Justice and Equality the number of gardaí placed on sick leave due to stress or mental illness in each of the years 2015 to 2019 and to date in 2020; the proportion the number represented of the number of gardaí in each year, in tabular form; and if she will make a statement on the matter. [19860/20]

Alan Kelly

Ceist:

1038. Deputy Alan Kelly asked the Minister for Justice and Equality the number of gardaí who died by suicide while still in the employment of the State in each of the years 2015 to 2019 and to date in 2020; and if she will make a statement on the matter. [19861/20]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 1037 and 1038 together.

As the Deputy is aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes responsibility for personnel and human resources matters.  I am informed by the Garda Commissioner that there is a variety of supports in place for members to assist them in dealing with stressful and difficult situations that they may encounter in the workplace.

The Garda Employee Assistance Service is available to members of An Garda Síochána and supports them in managing and resolving personal and work-related difficulties. In addition, there is an independent confidential 24/7 help line and counselling service available to all staff within An Garda Síochána. This service provides all employees with immediate support from accredited counsellors, over the telephone and then, if needed, up to eight face-to-face counselling sessions. These sessions take place in a location within one hour of the employee’s home or place of work. Counselling is provided on a wide range of work and personal issues including critical incidents, trauma, financial issues, relationships, bereavement, stress, conflict, and health. The service is available on a twenty-four hour basis, every day.

I also understand that there is a Peer Supporter Programme operating in each Garda District and that following a traumatic incident a peer supporter who has received appropriate training in helping colleagues cope with the effect of a traumatic incident in the workplace will contact the member(s) who were involved in the incident and offer support. 

Other mental health supports provided by the organisation to assist employees in maintaining their mental health and wellbeing include a chaplaincy service, the Garda Occupational Health Service, and independent mental health specialists. The Garda Occupational Health Service provides a holistic support to members presenting with a broad spectrum of medical problems and circumstances; this would include presentations unrelated to mental health where the holistic support can involve optimising mental health supports and wellbeing.

With regard to the number of Gardaí that died by suicide while still in the employment of the State, as the Deputy will be aware, it is the role of coroners to investigate unnatural or sudden deaths including deaths that may have resulted from suicide, in order to establish the ‘who, when, where and how’ of an unexplained death.  Therefore it would not be appropriate for me to be specific about the number of members of An Garda Síochána who tragically lost their lives through suicide as some cases of unnatural or sudden deaths of Garda members may be awaiting an inquest.  Clearly the family, friends and colleagues of any Garda members who have lost their lives through suicide are deserving of our deepest sympathies.

I am informed by the Garda Commissioner that following any such tragic loss, An Garda Síochána puts in place a comprehensive welfare response to assist and support members who may be affected. The welfare response is delivered by the Garda Employee Assistance Service, Occupational Health Department, Human Resource Management and Local Management. It includes various interventions including Critical Incident Stress Debriefing, Peer Support, Bereavement and Self Care Education.

The Deputy will be aware that 'Connecting for Life' is Ireland’s national strategy to reduce suicide 2015-2020. Connecting for Life sets out a vision of an Ireland where fewer lives are lost through suicide, and where communities and individuals are empowered to improve their mental health and wellbeing. A Cross-Sectoral Group comprising high-level representatives from Government Departments and key State agencies including An Garda Síochána has been established to support the implementation of Connecting for Life.

With regard to the number of Gardaí placed on sick leave due to stress or mental illness, I am informed by the Garda authorities that sickness absences are recorded and reported under the following categories – Ordinary Illness; Occupational Injury/Illness Arising from Duty and Critical Illness.

There is currently no specific sub-category on the Sickness Absence Management System for the recording of absences due to stress but, in some cases, this is recorded under the Mental Health sub-category or in the comments field against another sub-category. It is not possible to show the comments on a sickness absence report. Each instance of sickness absence throughout the required time period would need to be manually accessed on the Sickness Absence Management System to ascertain if the illness relates to stress.

I am advised by the Garda authorities that the table below sets out the number of Gardaí placed on sick leave using the Mental Health illness subcategory.  For the reasons already outlined, there is unfortunately no guarantee that all absences due to stress have been recorded under this sub-category. Likewise, these figures will also include absences that are due to mental health reasons other than those that are stress related.

Year	2015	2016	2017	2018	2019	2020 (to end June)
Total No. of Garda Members absent due to Mental Health	60	72	73	67	60	30
Total No. of   Gardaí	12,816	12,943	13,551	14,032	14,307	14,678
Proportion	0.47%	0.56%	0.54%	0.48%	0.42%	0.20%

I am further advised that where an employee is certified unfit for work as a result of stress / work related stress and notifies their line manager, the absence triggers an automatic referral to the Chief Medical Officer.

The Divisional Officer should ensure that an investigation into the causes of work related stress is conducted.  This investigation report should be submitted to the Head of the HR Directorate who shall provide the report to the Chief Medical Officer for his consideration in order to inform appropriate clinical advice which will be communicated to the Divisional Officer. 

Legislative Measures

Ceisteanna (1039)

Catherine Murphy

Ceist:

1039. Deputy Catherine Murphy asked the Minister for Justice and Equality the status of the sale of alcohol Bill. [19930/20]

Freagraí scríofa

Minister for Justice and Equality

It is intended to bring forward legislation that will contain proposals to update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs, by replacing both the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008 with streamlined provisions more suited to modern conditions.

These legislative proposals are among a large number of bills under consideration in my Department and it is not possible, at this time, to indicate when this complex Bill will be published.

Garda Stations

Ceisteanna (1040)

Alan Kelly

Ceist:

1040. Deputy Alan Kelly asked the Minister for Justice and Equality when there will be a new Garda station in Cashel, County Tipperary. [20099/20]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be aware, the 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 Garda Building and Refurbishment Programme 2016-2021, which was announced by the Minister for Justice and Equality and the Minister of State at the Office of Public Works on 21 October 2015, 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 continuing to make progress at a range of locations around the country.  I have been informed by the Garda Authorities that the current Building and Refurbishment Programme does not provide for significant building works at the station referred to by the Deputy. 

However, I am informed by the Garda authorities that they are engaged in consultation with the OPW with a view to developing plans for the upgrade of Cashel Garda station.  This engagement is ongoing.

Garda Data

Ceisteanna (1041)

Alan Kelly

Ceist:

1041. Deputy Alan Kelly asked the Minister for Justice and Equality the volume and cost of private properties or temporary structures being hired by An Garda Síochána by Garda district in each of the years 2018 to 2020, in tabular form. [20100/20]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána.

I have requested information from An Garda Síochána on the matter raised and will write directly to the Deputy when it is received.

The following deferred reply was received under Standing Order 50

I refer to Parliamentary Question Number 1041 which was for answer on 30 July 2020 where you requested the volume and cost of private properties or temporary structures hired by An Garda Síochána by Garda district in each of the years 2018 to 2020.

As you may recall, the information you requested could not be obtained in the time available and I undertook to contact you again when the information was to hand.

The requested information has now been responded to by An Garda Síochána and accordingly, please note the following;

The 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. I have no role in these matters.

In accordance with Section 29(3) of the Garda Síochána Act 2005 - which states that ‘The power conferred by subsection (1)(a) does not include the power to enter into a contract relating to land or an interest in land’ - the Office of Public Works leases lands and buildings on behalf of An Garda Síochána. In general, the OPW is responsible for the payment of the associated lease and rental charges.

I am informed by the Garda authorities that the table provided in the attached appendix sets out the volume and cost of private properties or temporary structures hired by An Garda Síochána in 2018, 2019 and up to and including 30 June 2020.

For security reasons it is not possible to provide a further breakdown of the volume of private properties or temporary structures being hired by An Garda Síochána.

I trust this information is of assistance.

Appendix

Location	2018 €	2019 €	2020 €
Cork City	24,943	32,093	14,403
Dublin City	107,417	84,726	43,025
Galway City	8,241	14,364	-
Co Donegal	41,210	39,369	-
Limerick City	-	34,931	17,647
Co Sligo	14,760	14,760	-
Co Waterford	40,160	40,160	20,180
Garda College	-	13,900	13,900
Mullingar	12,000	12,000	3,000
Dundalk	-	-	15,314
Total	248,731	286,303	127,469

* Given the requirement for confidentiality concerning the locations only a general location is provided

Brexit Issues

Ceisteanna (1042)

Holly Cairns

Ceist:

1042. Deputy Holly Cairns asked the Minister for Justice and Equality if it will be ensured that the INIS website fully reflects the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community 2019/C 384 I/01 for non-EEA family members of British citizens residing here. [20142/20]

Freagraí scríofa

Minister for Justice and Equality

The United Kingdom left the European Union at midnight (CET) on 31 January 2020, on the basis of the Withdrawal Agreement. This Agreement includes a transition period, which is due to last until at least 31 December 2020. During the transition period, EU rules and regulations will continue to apply to the United Kingdom and its citizens who will still benefit from the Freedom of Movement Directive 2004/38 EC and the domestic European Communities (Free Movement) Regulations, i.e. the right of British EU citizens to live and work in the European Union.

This means that, until the transition period ends, non-EEA family members of a British EU citizen who are residing in this State also remain subject to the provisions of the Free Movement Directive and domestic Regulations and the exercise of EU Treaty rights and entitlements. British citizens themselves are exempt from the requirements of Irish immigration law and are not subject to any controls in terms of entry, residence or employment in the State. This is reflected separately in the Common Travel Area (CTA) arrangements between Ireland and the United Kingdom and the associated reciprocal rights and privileges enjoyed by Irish and British citizens in each other’s State.

When the transition period ends, the Free Movement Directive will continue to apply, in accordance with the Withdrawal Agreement, to non-EEA family members of British citizens who have exercised their right to reside in Ireland in accordance with Union law before the end of that period and who continue to reside here thereafter in compliance with Directive 2004/38 EC.

Officials in my Department will be engaging in a communications campaign over the coming months that will include updates to the Department’s website and that of Immigration Service Delivery.

Immigration Policy

Ceisteanna (1043)

Holly Cairns

Ceist:

1043. Deputy Holly Cairns asked the Minister for Justice and Equality the mechanisms by which undocumented migrants can become regularised; and if she will make a statement on the matter. [20144/20]

Freagraí scríofa

Minister for Justice and Equality

The Immigration Service Delivery (ISD) 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 Department 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. 

It should also be noted that my Department does not actively seek information from other Government Departments or agencies relating to the immigration status of people with whom such other Departments or Agencies are dealing.    Therefore, there is no reason for any undocumented migrant to fear accessing health care, social supports or assistance from An Garda Síochána at any time and especially during the COVID-19 crisis.

Legislative Measures

Ceisteanna (1044)

Holly Cairns

Ceist:

1044. Deputy Holly Cairns asked the Minister for Justice and Equality if the Harassment, Harmful Communications and Related Offences Bill 2017 will be reintroduced to make image-based sexual abuse and revenge porn criminal offences. [20145/20]

Freagraí scríofa

Minister for Justice and Equality

The Government is committed to taking action to tackle the non-consensual distribution of intimate images.

I am conscious of the deeply harmful effects which behaviours and actions such as those referred to can have on those affected.

A Private Members Bill sponsored by Deputy Brendan Howlin , the Harassment, Harmful Communications and Related Offences Bill 2017, provided for many of the legislative changes recommended by the Law Reform Commission in its report on Harmful Communications and Digital Safety.  

My officials are continuing to work with the Office of the Parliamentary Counsel to finalise amendments, which I hope to bring to Government for approval in September.  I understand that it will be a matter for Deputy Howlin to have the Private Members Bill formally reinstated on the Dáil Order Paper.

Human Trafficking

Ceisteanna (1045)

Holly Cairns

Ceist:

1045. Deputy Holly Cairns asked the Minister for Justice and Equality the number of reported cases of human trafficking in Ireland in the period 1 January 2015 to 30 June 2020, in tabular form. [20146/20]

Freagraí scríofa

Minister for Justice and Equality

Today, 30 July, is World Day against Trafficking in Persons. Trafficking in persons is a crime and a serious human rights violation.  Addressing this crime is an ongoing challenge and the Government is committed to further legislation to combat human trafficking and people smuggling as well as to implementation of a comprehensive strategy to combat trafficking of women and girls. 

An Garda Síochána has committed significant resources to the investigation and prosecution of human trafficking.  Gardaí are also active in relation to trafficking gangs through work targeting organised crime - targeting their finances, their use of the internet and by working closely with other jurisdictions.

As the Deputy may be aware, there is a specialised unit in An Garda Síochána working to combat this crime- the Human Trafficking Investigation and Coordination Unit (HTICU). HTICU conducts investigations into human trafficking and provide advice, support and where necessary, operational assistance to investigations at district level. 

I am informed that a total of 64 suspected human trafficking related incidents were reported to An Garda Síochána in 2018, and that 42 such incidents were reported in 2019.  As was the case in previous years, in 2019 the vast majority of incidents of human trafficking reported in Ireland related to sexual exploitation. 

I further understand that there are currently approximately 80 ongoing criminal investigations in the area of human trafficking.

These are complex cases and it is important to note that while no person has yet been convicted specifically for the offence of trafficking in Ireland, there have been successful convictions in relation to associated charges.

In addition, a High Level Group involving the Department of Justice and Equality, the Office of the DPP and An Garda Síochána is in place, to keep the legislative and operational framework for investigation and prosecution of trafficking under review.

Significant efforts are also being made to combat human trafficking and with our partners abroad. Ireland and our partners are active on this issue in international fora including the UN, Council of Europe, OSCE and the European Union and Ireland. We have a close working relationship, in particular, with the UN International Organization for Migration (IOM) and the OSCE who participate in our Human Trafficking Victims Forum. 

Domestically, the National Action Plan to Prevent and Combat Human Trafficking takes a victim-centred and human rights based approach. A number of other key actions are also being pursued at present.  For example:

- The Department has established a forum for stakeholders in relation to human trafficking, which met for the first time on 10 July;

- Legislation is being drafted to designate the Irish Human Rights and Equality Commission (IHREC) as Ireland’s independent National Rapporteur for Anti-Human Trafficking under article 19 of the EU Human Trafficking Directive;

- The review of the Criminal Justice (Sexual Offences) Act 2017, which introduced the offences of paying for sex with a trafficked person, has commenced; and

- There is ongoing engagement by the Department with frontline services to identify solutions to the provision of accommodation to victims of trafficking.

Finally, it is important to note that there is at role for all of us to support the vital work of our frontline services in combatting human trafficking.  Anyone can be exploited and it is important for us all to take the time to learn the signs of human trafficking and to be alert in our daily lives to people we encounter who may be the victim of this heinous crime. 

I encourage all Deputies and the public to consult the website www.blueblindfold.gov.ie, maintained by my Department, for further information.

Prison Staff

Ceisteanna (1046)

Martin Kenny

Ceist:

1046. Deputy Martin Kenny asked the Minister for Justice and Equality the number of prison officers employed here; the breakdown by place of employment and the ratio of prisoners to prison officers in the same workplaces, in tabular form; and if she will make a statement on the matter. [20309/20]

Freagraí scríofa

Minister for Justice and Equality

I am informed by the Irish Prison Service that, as of 28 July 2020, the total number of staff assigned to both the prisons and support functions in the Irish Prison Service, across all grades is 3,215.  Taking all staff and prisoners into account, this figure equates to a ratio for that date of .85:1.

On 28 July 2020, the number of discipline grade Officers assigned to prisons - which includes the grades of Recruit Prison Officer, Prison Officer, Assistant Chief Officer, Work Training Officer and Chief Officer- stands at 2,472. These are staff assigned directly to work in prisons. This equates to a ratio of .65:1.

The balance of Irish Prison Service staff are assigned to supporting functions such as the Prison Service Escort Corps and the Operational Support Group, the Irish Prison Service College, Building Services Division, and across all prisons to Healthcare (151), senior management (53) and administration (143).

As the Deputy will appreciate, the allocation of staffing across the prison estate is based on the security and operational needs of each individual prison.  The number of staff required is influenced by factors including in particular the numbers in custody, category of prisoner and regimes and a range of other factors, including the risks and needs associated with specific areas and particular offenders.

For security and operational reasons the Irish Prison Service is not in a position to provide a breakdown of the staff resources allocated to individual prisons.

International Agreements

Ceisteanna (1047)

Martin Kenny

Ceist:

1047. Deputy Martin Kenny asked the Minister for Justice and Equality when the Lanzarote Convention will be ratified and brought into force here in view of the fact that of the 47 Council of Europe members only two, Ireland and Armenia have not ratified the Convention on Protection of Children against Sexual Exploitation and Sexual Abuse; and if she will make a statement on the matter. [20310/20]

Freagraí scríofa

Minister for Justice and Equality

At the outset it is important to note that Ireland’s laws are already in line with the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (commonly referred to as the Lanzarote Convention).

This was largely achieved by the Criminal Law (Sexual Offences) Act 2017. The 2017 Act brought in a new offence of accessing child pornography online and criminalised grooming behaviour, such as communicating with a child online for the purpose of sexual exploitation. Even prior to this Act, our legislation on child pornography included images of a person generated or modified by computer-graphics.

My Department has now completed a detailed review of compliance with the Convention. This review was carried out, in consultation with the Department of Children and Youth Affairs and other relevant stakeholders, such as the Garda Síochána and the Health Service Executive, who have provided detailed information regarding the child protection, prevention and victim support aspects of the Convention, in order to establish Ireland's compliance with its operational elements.

Following completion of this review and on foot of the advice of the Attorney General, I am pleased to confirm that Ireland is in a position to proceed toward ratification. I will take the necessary steps, in co-operation with my colleague the Minister for Foreign Affairs, to secure the approval of Government and subsequently Dáil Éireann as soon as practically possible.

The Deputy may interested to know that an update to this effect on Ireland's position regarding ratification was given to the virtual meeting of the Council of Europe Lanzarote Committee held on 15-17 June. 

Prisoner Data

Ceisteanna (1048)

Martin Kenny

Ceist:

1048. Deputy Martin Kenny asked the Minister for Justice and Equality the number of prisoners in prisons here that are still slopping out; and if she will make a statement on the matter. [20311/20]

Freagraí scríofa

Minister for Justice and Equality

The provision of safe and secure custody and dignity of care to those individuals in the penal system in Ireland is a priority area for my Department and the Irish Prison Service.  

The Irish Prison Service commits in its capital strategy plan 2016-2021 to a prison estate that provides safe, secure and humane custody, that upholds the dignity of all users, and that reflects and supports a modern and progressive penal policy.   It identifies as a priority, the full elimination of the practice referred to as ‘slopping out’, through provision of in-cell sanitation throughout the prison estate. 

Very significant progress has already been made in that regard, to the extent that the practice has now been virtually eliminated in Irish prisons. 

I am advised by the Prison Service that the number of prisoners without access to in-cell sanitation has decreased from 465 in January 2014 to a total of 51 prisoners slopping out - 20 in Limerick and 31 in Portlaoise.  This represents approximately 1% of the prison population. 

Some of the relevant works completed to date, allowing for in-cell sanitation to now be in place for 99% of prisoners, include the installation of in-cell sanitation at Mountjoy Prison and the opening of a new prison in Cork in 2016.

The construction of new facilities in Limerick has also commenced which will see the elimination of the slopping out in the remaining accommodation block at the prison.  This major project is scheduled for completion in the last quarter of 2021. However, the precise date for completion of the project is currently the subject of on-going discussions with the contractor in light of the Covid-19 pandemic.

Finally, I am advised by the Irish Prison Service that a feasibility study on the options to improve cellular accommodation including the provision of in-cell sanitation at E block, Portlaoise Prison, is being prepared. I understand that the other cell blocks at Portlaoise Prison have in-cell sanitation.  When the study is completed, a decision will be taken on the most practical and feasible solution for the provision of in cell sanitation in the E block, having regard to its age and fabric.