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Tuesday, 15 Sep 2020

Written Answers Nos. 583-603

Citizenship Applications

Ceisteanna (583)

Bernard Durkan

Ceist:

583. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); when the application will be concluded; and if she will make a statement on the matter. [23554/20]

Amharc ar fhreagra

Freagraí scríofa

The naturalisation application relating to the person referred to is currently being processed with a view to establishing whether they meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision when processing is complete.

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 the Immigration Service of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Ceisteanna (584)

Bernard Durkan

Ceist:

584. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); when the application is likely to be concluded; and if she will make a statement on the matter. [23556/20]

Amharc ar fhreagra

Freagraí scríofa

The application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible.

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.

If the applicant has a query in respect of their application, they should contact the Citizenship Division of my Department at citizenshipinfo@justice.ie.

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Ceisteanna (585)

Bernard Durkan

Ceist:

585. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); when the application will be concluded; and if she will make a statement on the matter. [23563/20]

Amharc ar fhreagra

Freagraí scríofa

An application for a certificate of naturalisation in relation to the person referred to is currently being processed with a view to establishing whether they meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

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.

International Agreements

Ceisteanna (586)

Catherine Connolly

Ceist:

586. Deputy Catherine Connolly asked the Minister for Justice the progress made towards Ireland signing up to the optional protocol to the Convention against Torture and the associated establishment of the national preventive mechanism; and if she will make a statement on the matter. [23585/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, Ireland has ratified the UN Convention against Torture and has signed but not yet ratified the Optional Protocol to the Convention against Torture (OPCAT).

The Optional Protocol is preventive in nature and provides for the establishment of National Preventive Mechanisms which would inspect facilities where persons can be held involuntarily.

Legislation is required before the Optional Protocol can be ratified and my Department is drafting the General Scheme of that legislation.

As the Deputy will appreciate, consultation has been necessary with a wide range of stakeholders on this matter, given that the Optional Protocol impacts on a number of sectors. My Department is liaising with key stakeholders, including the Irish Human Rights and Equality Commission, in relation to the proposed model of National Preventive Mechanisms.

When drafting of the General Scheme is completed, it will be circulated to stakeholders for their comments, before submission to Government for approval. Subject to Government approval, it is expected that the General Scheme will be transmitted to the Office of the Parliamentary Counsel for formal drafting before the end of 2020.

The Programme for Government provides an explicit commitment to achieving ratification of the Protocol by the end of 2021 reflecting the importance that this Government attaches to this matter.

Garda College

Ceisteanna (587)

Alan Kelly

Ceist:

587. Deputy Alan Kelly asked the Minister for Justice if extra resources will be provided to the Garda College in Templemore in 2021. [23596/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána and I, as Minister, have no role in the allocation of financial resources within An Garda Síochána.

The Deputy will also be aware that the Estimates process for Budget 2021 is currently underway and therefore it is not possible to state definitively at this time what financial resources will be provided to the Garda College in Templemore in 2021.

Family Reunification

Ceisteanna (588)

Bernard Durkan

Ceist:

588. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of the join family visa applications in the case of persons (details supplied); when the applications will be concluded; and if she will make a statement on the matter. [23611/20]

Amharc ar fhreagra

Freagraí scríofa

The 'join family' visa applications referred to by the Deputy were submitted to the Visa Office in Abuja, Nigeria on 1 April 2019. They were subsequently received by the Immigration Service in Dublin on 20 January 2020, for further processing, in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification.

The Policy Document contains a stated business target that visa applications to join non-EEA national family members should be dealt with within six months of receipt of application. However, this is a business target and does not constitute a legal obligation. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.

It is not possible to give a definitive date as to when these applications will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service to investigate, inquire into, or seek further information, and the resources available.

The COVID-19 pandemic has had a significant impact on the way the Immigration Service Delivery function (ISD) of my Department conducts its business. In line with public health advice, ISD has implemented a suite of measures to help in reducing the spread of the virus. These measures include the implementation of remote working for Immigration Services staff in order to comply with social and physical distancing measures. Unfortunately, these measures have led to a reduction in processing capacity. While delays can be expected, including in the processing of family re-unification visa applications, ISD is operating to the best of its ability.

Applicants can e-mail queries directly to visamail@justice.ie and may also keep up to date on Visa applications at: http://www.inis.gov.ie/en/inis/pages/visa%20decisions.

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.

Commencement of Legislation

Ceisteanna (589)

Jim O'Callaghan

Ceist:

589. Deputy Jim O'Callaghan asked the Minister for Justice when all parts of the Judicial Council Act 2019 will be commenced; and if she will make a statement on the matter. [23614/20]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the terms of the Judicial Council Act 2019 the Judicial Council was established on 17 December 2019. Orders bringing various sections of the Act into operation were made by my predecessor last year.

As required by the Act, the Committees of the Judicial Council have now been established by the Council. In some cases, the Act sets out timeframes for the completion of the work of those Committees, for example, the Personal Injuries Guidelines Committee shall submit the first draft of personal injuries guidelines to the Board not later than 6 months after the date on which it was established. After the various guidelines have been adopted by the Judicial Council, I will make Orders bringing into operation those provisions of the Act which have not yet been commenced.

The Judicial Council Act also provides that the Council is independent in the performance of its functions. I do not have a role in its operation or that of its Committees.

Inquiry into the Death of Mr. Shane O'Farrell

Ceisteanna (590, 605)

Jim O'Callaghan

Ceist:

590. Deputy Jim O'Callaghan asked the Minister for Justice when a statutory inquiry into the death of a person (details supplied) will be commenced; and if she will make a statement on the matter. [23615/20]

Amharc ar fhreagra

Niamh Smyth

Ceist:

605. Deputy Niamh Smyth asked the Minister for Justice the status of the steps she has taken to set up a public inquiry into the death of a person (details supplied), which was agreed to by a vote in Dáil Éireann; and if she will make a statement on the matter. [23877/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 590 and 605 together.

As the Deputy will be aware, a retired judge, Gerard Haughton, is conducting a scoping exercise into the tragic death of the person in question, whose case has been discussed in Dáil Éireann on a number of occasions. The judge furnished an interim report to my predecessor on 13 November last. Following consultation with the family concerned, Judge Haughton and the Attorney General, the interim report was published on 17 December 2019.

In his interim report, Judge Haughton states that he will not restrict or limit the family in their submissions to him or the nature and extent of the documentation they wish to furnish to him in his scoping exercise.

I am glad to note that the family are working with Judge Haughton. My Department is in regular contact with the judge and has assured him of any assistance he requires to complete his final report.

It is of course open to the judge to make any recommendation he sees fit in his final report, including the establishment of any form of statutory or non-statutory inquiry. I will await the recommendation of Judge Haughton in his final report before making any decision in relation to further inquiries into this matter.

Direct Provision System

Ceisteanna (591)

Pádraig O'Sullivan

Ceist:

591. Deputy Pádraig O'Sullivan asked the Minister for Justice when the expert group on direct provision will be publishing its recommendations; if there is a timeline in place for same; and if she will make a statement on the matter. [23715/20]

Amharc ar fhreagra

Freagraí scríofa

Last year, Dr Catherine Day was asked to bring together an expert group with representation from asylum seekers and NGOs to examine best practice in other European States in the provision of services to international protection applicants, to examine likely longer term trends and to set out recommendations and solutions. Any new system for the provision of accommodation and additional supports to international protection applicants will be informed by the Report of Expert Group, which is expected shortly. The Report will be submitted to Government and published thereafter.

The intention is to publish a White Paper by the end of this year, informed by the recommendations of the Expert Group, which will set out how a replacement to the Direct Provision system will be structured and the steps to achieving it.

It will be a matter for the Minister for Children, Disability, Equality and Integration to progress the matter and to make any decisions around future accommodation provision following the transfer of this function to his Department.

Garda Operations

Ceisteanna (592)

Seán Haughey

Ceist:

592. Deputy Seán Haughey asked the Minister for Justice if her attention has been drawn to the fact that in the past few weeks a large amount of fireworks have been set off in north Dublin, which is a cause of great disturbance to householders; if she will request An Garda Síochána to take appropriate measures to deal with the problem; and if she will make a statement on the matter. [23727/20]

Amharc ar fhreagra

Freagraí scríofa

It is important to be aware that fireworks, because they are explosives, are regulated under national and EU legislation and can only be imported into the country under licence and stored and sold in accordance with the explosives law.

Government policy restricts the availability of all hazardous fireworks to the general public and licences under the Explosives Act are issued by my Department only for the importation of fireworks which are to be used in organised displays conducted by professional and competent operators.

Having said that, I am all too conscious of the numerous incidents, and sadly some serious accidents arising from the use of illegal fireworks and of the concerns arising for local communities as a result of their improper use.

Every year as Halloween approaches, my Department runs a safety campaign aimed at ensuring the public is aware of the dangers of illegal fireworks and bonfires. We work with various stakeholders and partners to ensure a message of safety and compliance reaches as a wide an audience as possible.

In addition to this work undertaken by my Department, An Garda Síochána engages in “Operation Tombola” which aims to combat the illegal importation, sale and use of fireworks.

The Garda Commissioner has informed me that under Operation Tombola, each District will put in place an Operational Plan to tackle the sale of fireworks including through:

- Combating the importation, sale and distribution of illegal fireworks, through intelligence led operations, visits to local car boot sales, searches and seizures of fireworks.

- Liaising with local authorities and Fire Services regarding the provision of official, supervised bonfire sites, the policing of these, and the identification and removal of stockpiled bonfire material and abandoned vehicles from other locations.

- Promoting awareness of the danger associated with the improper use of fireworks and unsupervised bonfires through the use of the media, social media, school visits and information leaflet distribution by members and the Crime Prevention Officer.

- High visibility policing of the Halloween night celebrations, i.e. beat, bike and mobile patrols, thus preventing damage to property, injury, trauma for the vulnerable and the elderly, and general loutish behaviour.

- Utilising the Divisional Public Order Unit on Halloween Night.

Operation Tombola also focuses on preventing associated public disorder and anti-social behaviour through the incremental deployment of resources, including Garda Public Order Units to augment local plans as appropriate.

As well as Part 6 of the Criminal Justice Act 2006 which gives An Garda Síochána the power to make arrests in relation to the possession of unlicensed fireworks, a number of strong legislative provisions are available to Gardaí to combat anti-social behaviour more generally and include -

- the Criminal Damage Act 1991;

- Criminal Justice (Public Order) Act 1994;

- the Criminal Justice (Public Order) Act 2003; and

- the Intoxicating Liquor Acts 2003 and 2008.

Commencement of Legislation

Ceisteanna (593)

Fergus O'Dowd

Ceist:

593. Deputy Fergus O'Dowd asked the Minister for Justice when she expects all sections of the Assisted Decision-Making (Capacity) Act 2015 to be commenced, in particular Part 8; and if she will make a statement on the matter. [23771/20]

Amharc ar fhreagra

Freagraí scríofa

The Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”) provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).

A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS. Ms Áine Flynn was appointed Director of the DSS on 2 October 2017. The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

The implementation of the 2015 Act requires that the DSS is fully operational and in a position to offer services including the new decision-making support options. A high-level Steering Group comprising senior officials from my Department, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the establishment and commissioning of the DSS and this work is ongoing. The DSS, led by its Director, is working on putting in place the necessary infrastructure to support the full commencement of the Act. The infrastructure required includes, amongst many other elements, ICT capability for the DSS. These preparations are being implemented under the oversight of the Steering Group and will allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed. This will enable the DSS to roll out the new decision-making support options.

My Department has sought and received funding, through the Estimates process, over the last three years to assist the DSS in delivering on its mandate. Further funding will be necessary through the Estimates process in 2020 and 2021. In the interim, and subject to the funding allocation, my Department, in conjunction with the DSS, the Mental Health Commission and other stakeholders have agreed to an implementation plan which anticipates commencement of DSS services in mid-2022. There are also critical dependencies for the DSS on other organisations, including, for example, the Courts Service, the HSE and the Department of Health amongst others, which need to be delivered in order to achieve this timeline. The Steering Group has been meeting regularly to ensure a coordinated approach to the implementation of this project.

As this is a function that is due to transfer, it will of course be a matter for my colleague, the Minister for Children, Disability, Equality and Integration, to bring this matter forward.

Licence Applications

Ceisteanna (594)

Seán Sherlock

Ceist:

594. Deputy Sean Sherlock asked the Minister for Justice the requirements for not-for-profit organisations to obtain a public dancing licence; the minimum and maximum length of time such a licence may last; and if they have been affected by the Covid-19 pandemic. [23782/20]

Amharc ar fhreagra

Freagraí scríofa

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

Applications for a public dancing licence are made to the annual licensing District Court. Applicants must place a notice of their intention to apply in a newspaper circulating in the district where the application relates at least one month before the hearing. The applicant must notify the Garda superintendent, the local authority and the fire authority within whose functional areas the place is situated. Compliance with relevant fire safety standards and availability of appropriate public liability insurance are essential requirements. The court may take account of the suitability of the premises and the impact for the parking of vehicles in the neighbourhood of the premises.

Under section 6(2) of the Public Dance Halls Act 1935, a public dancing licence continues in force until the conclusion of the annual licensing district court following the District Court sitting at which the licence was granted. When the licence ceases to be in force, an application must be made to the District Court under section 2 of the 1935 Act for a new public dancing licence. This means that a new public dancing licence must be applied for each year.

An application for a public dancing licence for a defined period not exceeding one month can be made at any time to a judge of the District Court. There is no requirement to publish this application, but 48 hours notice of the application should be given to the local Garda superintendent. The local fire authority must also receive notice of the application.

Garda Operations

Ceisteanna (595)

Jennifer Murnane O'Connor

Ceist:

595. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if funding will be secured for a new Garda operational course in quarter 4 of 2020. [23791/20]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Garda Síochána Act 2005, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including training. As Minister, I have no direct role in these matters.

In respect of training courses supplied by the Garda College, they are provided on the basis of operational needs and having consideration for the force's organisational requirements.

I am informed by the Garda authorities that funding for a Garda Operational Commander's Course was planned for in the costed Training Plan for 2020. In addition, sanction was also given for a Public Order Commander’s Course.

As the Deputy will be aware, all training, apart from limited prioritised training, is currently suspended due to the Covid-19 pandemic. Accordingly, the Garda authorities are not in a position to confirm whether the Garda Operational Commander's Course will take place in Quarter 4 2020.

Garda Recruitment

Ceisteanna (596)

Jennifer Murnane O'Connor

Ceist:

596. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if a new recruitment campaign for the Garda band will happen in quarter 4 of 2020. [23792/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all matters relating to the recruitment, training and appointment of its members. This responsibility extends to members of the Garda Band. As Minister I have no role in these matters.

However, I am informed by the Commissioner that he is committed to the Garda Band and to the recruitment of additional members over time, as required. I am further advised that the matter of recruitment for the Garda Band is currently under consideration by the Garda authorities.

Vacancies in the Garda Band, when they do arise, are advertised in the national media and on www.publicjobs.ie and are filled following an interview, test of musical ability, medical examination and character clearance.

I am informed by the Garda authorities that the current personnel strength of the Garda Band is 27. There are also 2 administrative support staff assigned to the Band.

Garda Data

Ceisteanna (597)

Jennifer Murnane O'Connor

Ceist:

597. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of gardaí within the Carlow Kilkenny Garda division that have successfully completed the competency-based driving levels 3, 4 and 5 courses in 2018, 2019 and to date in 2020, in tabular form. [23793/20]

Amharc ar fhreagra

Freagraí scríofa

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 requested by the Deputy and will write directly to the Deputy when it is received.

The following deferred reply was received under Standing Order 51
I am informed by the Garda authorities that the attached table provides a breakdown of the number of Gardaí in Carlow/Kilkenny that have successfully completed CBD3, CBD4 and CBD5 in years 2018, 2019 and 2020 to date. It is, however, worth noting that the records show members’ Division at the time of training and does not take into account transfers or promotions.

Division

Course

Year

Numbers Trained

Carlow/KK

CBD3

2018

0

Carlow/KK

CBD4

2018

0

Carlow/KK

CBD5

2018

0

Carlow/KK

CBD3

2019

3

Carlow/KK

CBD4

2019

0

Carlow/KK

CBD5

2019

0

Carlow/KK

CBD3

2020

0

Carlow/KK

CBD4

2020

0

Carlow/KK

CBD5

2020

0

Garda Strength

Ceisteanna (598)

Carol Nolan

Ceist:

598. Deputy Carol Nolan asked the Minister for Justice the number of community gardaí by division from 1 January 2019 to date; and if she will make a statement on the matter. [23805/20]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that detailed information in relation to Community Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, at the following link:

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

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration 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.

As the Deputy will be aware, the new Programme for Government, Our Shared Future, prioritises the implementation of 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.

Legislative Measures

Ceisteanna (599)

Carol Nolan

Ceist:

599. Deputy Carol Nolan asked the Minister for Justice her plans to amend the law on assisted dying or assisted suicide or physician-assisted suicide; and if she will make a statement on the matter. [23806/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the issue raised involves a range of health, medical and ethical considerations, which are matters where the Department of Health would have a substantive policy role.

The legal position in relation to assisted suicide is that it is an offence, under Section 2(2) of the Criminal Law (Suicide) Act 1993, to assist another person in taking his or her life. The offence was created in order to safeguard individuals who are nearing the end of their lives and who might be vulnerable or at risk of abuse. Prosecution of the offence, which can result in a term of imprisonment of up to 14 years, is at the sole discretion of the Director of Public Prosecutions (DPP).

The constitutionality of the legislation was upheld by the Supreme Court in its judgment in Fleming v Ireland and Others delivered on 29 April 2013. While acknowledging the very distressing situation of Ms. Fleming, the Court held that there is no constitutional right to commit suicide or to arrange for the ending of one’s life at a time of one’s choosing. The Court also found that the prohibition on assisted suicide was not discriminatory and was not contrary to the European Convention on Human Rights. As a consequence of the judgment, the offence of assisting another to take his or her life remains in place.

The Deputy may also wish to note that the Oireachtas Joint Committee on Justice and Equality, in June 2018, published a Report on the Right to Die with Dignity. The Committee made a number of recommendations, including that the Houses of the Oireachtas consider referring the issue to the Citizens’ Assembly for deliberation.

I understand that proposals in relation to this issue may come before the House shortly, and this would be an opportunity for Deputies to consider and debate this important and sensitive issue.

Community Policing

Ceisteanna (600)

Gary Gannon

Ceist:

600. Deputy Gary Gannon asked the Minister for Justice if the community policing forums will be re-established in central areas of Dublin; and if meetings of the forums will be supported to resume in a safe manner; and if she will make a statement on the matter. [23857/20]

Amharc ar fhreagra

Freagraí scríofa

With regard to the south inner city, I am informed by the Garda authorities that there are two Community Policing Fora within Community Engagement, Pearse Street, however there are currently no scheduled upcoming meetings. The Community Safety Forum last met on 19th October 2019 and under pre-COVID circumstances a meeting would usually have been scheduled for early 2020, however this was unable to take place due to the COVID-19 pandemic. I am further informed that a Community Policing Forum was held within Community Engagement, Donnybrook, in Irishtown on 4th September 2020, within a safe environment and in adherence to COVID-19 advises. Within Community Engagement, Kevin Street, Community Policing Fora took place via online platforms on two occasions during the COVID-19 pandemic.

With regard to the north inner city, I understand that a Community Policing Forum (CPF) operated in the north inner city between 1999 and 2019, and that the Forum was funded through the Local Drug and Alcohol Task Force, but that that funding ceased in May 2019. A core element of the CPF operating model was that the community should have a role in identifying relevant issues and that an inter-agency approach should be adopted in resolving such issues.

The recent Covid-19 crisis has shown how proactive and collaborative community engagement by community services and An Garda Síochána can improve the condition of peoples’ lives. For example, since the onset of the Covid-19 restrictions, Gardaí attached to Store Street Garda Station have increased engagement with the more vulnerable members of society in the North East Inner City area of Dublin, through volunteer services, service providers and on an individual basis.

Building on the experience of the CPF, and as part of the implementation of the Report of the Commission on the Future of Policing in Ireland, my Department is devising a policy on a whole-of-Government approach to community safety which aims to help foster local communities that are safer for families, residents and businesses and that feel more secure.

As part of the policy, plans are being advanced to develop a North Inner City Community Safety Pilot which would encompass the North Inner City Electoral Area. The pilot will establish a Community Safety Partnership, which will serve to prioritise issues identified by the community as safety concerns and develop proper strategic partnership approaches to a range of local issues, integrating service providers in order to holistically address community concerns.

Agencies and service providers across a range of areas will work with community representatives and Gardaí on community solutions to complex safety problems. Community representation will be reinforced and a partnership approach will be fostered and supported. It will also aim to increase community confidence in service providers and identify elements to improve the delivery of a national programme on community safety.

In addition, A Policing Service for our Future - the Government’s plan to implement the Report of the Commission on the Future of Policing in Ireland - envisages a review of the Joint Policing Committee structure in the context of reimagining the approach to engagement with local communities on policing issues. The objective is for community representatives to be centrally involved in a partnership approach to community safety. In the meantime, the Joint Policing Committees provided for under the Garda Síochána Act 2005 continue to operate, including in Dublin.

Deportation Orders

Ceisteanna (601, 602, 603)

Gary Gannon

Ceist:

601. Deputy Gary Gannon asked the Minister for Justice the number of foreign nationals that were refused leave to land in airports here between March and August 2020, by gender, nationality and the country to which they were deported to in tabular form [23863/20]

Amharc ar fhreagra

Gary Gannon

Ceist:

602. Deputy Gary Gannon asked the Minister for Justice the number of foreign nationals that spent time in a prison here after being refused leave to land at an airport between March and August 2020 by the location in which they were jailed, nationality and gender in tabular form. [23864/20]

Amharc ar fhreagra

Gary Gannon

Ceist:

603. Deputy Gary Gannon asked the Minister for Justice his views on the delays in opening the immigration facility at Dublin Airport and the continued use of jails here to accommodate immigrants; and if she will make a statement on the matter. [23865/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 601 to 603, inclusive, together.

Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and thus gain entry to the State. Over 99% of travellers are permitted leave to land under various legal mechanisms including the EU Free Movement Directive, their relationships to Irish citizens, work permit schemes, study visas, or a lawful permission to be in the State already, to name a few examples. In a small minority of cases, a person may be refused leave to land for lawful reasons. In most of these cases the person is placed on a flight and returned to the location from which they departed on the same day. As such, it is often unnecessary to detain someone to facilitate their removal from the State when they are refused leave to land.

The numbers of persons refused leave to land by the Border Management Unit (BMU) of my Department at Dublin Airport between 27 March 2020 and 8 September 2020 were as follows:

Month

Total

27/03/2020 – 31/03/2020

2

April

30

May

26

June

34

July

188

August

246

01/09/2020 – 08/09/2020

60

Total

586

The BMU has responsibility for frontline immigration services at Dublin Airport only and other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).

Including the other ports of entry, a total of 719 persons were refused leave to land in the State between 27 March 2020 and 10 September 2020. This includes the Dublin Airport figures, which are set out in the table above.

It is not possible to provide a response in respect of the number of people that were subsequently detained and transferred to a prison or Garda station; the length of time they were detained; the breakdown of gender or where they were returned to. I am advised that the information is not readily available and would involve an extensive manual exercise to determine.

However, following a high profile case over the summer, my Department has conducted a full review of what occurred at that time and has improved or amended any procedural or administrative arrangements, including in relation to arrangements with An Garda Síochána, to avoid unnecessary immigration detention in such cases and to ensure that the Immigration Service can continually improve how it conducts its business, including data collection.

The management and opening of Garda Stations is an operational matter for the Garda Commissioner. However, given the importance of this facility in ensuring that we can fully implement our revised policies and procedures, I will be taking it up as a matter of urgency with the Commissioner.

Barr
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