Written Answers Nos. 349-373
349. Deputy Brendan Howlin asked the Minister for Justice if a person (details supplied) is entitled to a work permit under current regulations; if so, if a work permit will be issued to them; and if she will make a statement on the matter. [42558/20]
Amharc ar fhreagraThe application for a labour market access permission, for the person referred to by the Deputy, is currently pending as the Immigration Service of my Department is waiting for the applicant to provide identity documents or to confirm the efforts they have made to establish their identity.
To date, the applicant’s responses have not provided either identity documents or an explanation of the efforts made to obtain same. When a satisfactory response is obtained, the Immigration Service will be in a position to issue a decision on this application.
Eligibility for a labour market access permission under the European Communities (Reception Conditions) Regulations 2018, is subject to a number of conditions, which are set out in Regulations 11, 12, 16 and 27. Principally these are that the applicant makes reasonable efforts to establish their identity, co-operates with the international protection process and has not received a first instance decision before 9 months have elapsed.
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.
350. Deputy Gino Kenny asked the Minister for Justice if the decision will be reconsidered to disallow the inclusion of Coco’s Law in some form in the title of the Harassment, Harmful Communications and Related Offences Bill 2017 given the significant contribution of the family of a person (details supplied) in drafting the legislation; if the work done by a person in addressing the issue of youth suicide in schools, colleges and communities throughout the country and the association of the person will be acknowledged with the legislation and the important work done in their name; if the importance of the societal and cultural impact of this legislation among young persons and the importance of using an easily remembered title to ensure it gains the necessary prevalence and traction among specific groups and cohorts in society will further be acknowledged; and if she will make a statement on the matter. [42629/20]
Amharc ar fhreagraI am acutely aware of this tragic case and all of the circumstances surrounding it and once again I would like to express my deepest sympathies to Ms Fox for the terrible heartache she has suffered and to commend her for her bravery and dedication to working towards honouring her daughter's memory.
As has been reported in the media, I did meet with Ms Fox earlier this week where we discussed in detail her work and concerns.
Passing this legislation is one my top priorities and I personally requested that extra Dáil and Seanad time be made available in the week before Christmas to ensure that it passes through the Oireachtas and becomes law by the end of the year.
I have worked closely with Deputy Brendan Howlin and with all parties and none across the Dáil to progress this legislation as speedily as possible.
I have said previously that Nicole and Jackie are one of the main reasons that I am determined to follow through on my promise that the Bill will pass through the Dáil and Seanad by Christmas.
This Bill will be part of Nicole’s legacy, thanks to Jackie’s tireless efforts.
I am in the process of producing a further explanatory memorandum because of the substantial changes introduced at committee stage. Following my meeting with Ms Fox, I intend to make a reference to Nicole and to her mother's campaign and to the to Bill also being known as Coco's Law in the explanatory memorandum.
Officials in my Department have also engaged with Jackie on how we might further honour Nicole's memory, for example through a training and awareness programme in schools to promote the law and to educate young people about the impacts of the misuse of technology.
351. Deputy Neale Richmond asked the Minister for Justice the number of persons extradited back to Ireland in each of the years 2016 to 2020; the number subsequently convicted; and if she will make a statement on the matter. [42633/20]
Amharc ar fhreagraAs the Deputy may be aware the legal basis for extradition in this State up to 2004 was provided for solely by way of the Extradition Act, 1965.
Since 2004, surrenders of persons between the Member States of the European Union have operated on the basis of the European Arrest Warrant Act, 2003 which came into effect on 1 January 2004.
Extraditions from non-EU States have remained under the provisions of the Act of 1965.
The numbers of persons surrendered or extradited to Ireland for the years requested by the Deputy are included in the table below.
|
Year |
Non EU Extradition |
EAW Extradition |
Total |
|
2016 |
2 |
46 |
48 |
|
2017 |
2 |
47 |
49 |
|
2018 |
6 |
62 |
68 |
|
2019 |
6 |
51 |
57 |
|
2020 |
1 |
36 |
37 |
As Minister for Justice, I have no role in the conviction of any person including those surrendered or extradited to this State and no such records are held by my Department.
352. Deputy Éamon Ó Cuív asked the Minister for Justice when a de bonis non grant for the estate of a person (details supplied) will issue from the Probate Office in order that the title on the property change be changed from leasehold to freehold; and if she will make a statement on the matter. [42647/20]
Amharc ar fhreagraThe Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices.
However, in order to be of assistance, I have had enquiries made and the Courts Service has provided the following information to me.
The Courts Service does not comment on individual cases. However, the normal processing time in the Dublin Probate Office is currently approximately 8 weeks. This timeframe is dependent on the documents being lodged by the solicitor being in order. If they are not in order, then they will be returned for amendment and this will add to the processing time.
353. Deputy Bríd Smith asked the Minister for Justice if professional fees are paid by her Department on behalf of employees; if so, the total number involved; and the amount of each fee. [42705/20]
Amharc ar fhreagraMy Department reimburses staff for membership fees paid to professional bodies, where membership of the professional body is a requirement for the staff member to practice in the role for which they were employed or where membership of the professional body is key to their role in the Department.
In 2019, 40 staff were reimbursed a total of €12,041.75 for annual membership. This equates to an average membership fee of €301. The amount of each individual fee and the body it was paid to is laid out in tabular form below.
|
Name of Professional Body |
Amount of individual Fee € |
|
Association of Chartered Certified Accountants |
285.86 |
|
Association of Chartered Certified Accountants |
278.68 |
|
Association of Chartered Certified Accountants |
285.85 |
|
Association of Chartered Certified Accountants |
278.05 |
|
Association of Chartered Certified Accountants |
282.60 |
|
Association of Chartered Certified Accountants |
280.34 |
|
Association of Chartered Certified Accountants |
277.15 |
|
Chartered Institute of Internal Auditors |
322.50 |
|
Chartered Institute of Internal Auditors |
307.56 |
|
Chartered Institute of Internal Auditors |
322.50 |
|
Chartered Institute of Management Accountants |
438.88 |
|
Chartered Institute of Management Accountants |
328.46 |
|
Chartered Institute of Personnel and Development |
185.44 |
|
Chartered Institute of Personnel and Development |
189.56 |
|
Chartered Institute of Personnel and Development |
183.99 |
|
Chartered Institute of Personnel and Development |
213.94 |
|
Chartered Institute of Personnel and Development |
186.40 |
|
Chartered Institute of Personnel and Development |
182.16 |
|
Chartered Institute of Personnel and Development (Associate Member) |
113.13 |
|
Chartered Institute of Personnel and Development (Associate Member) |
112.27 |
|
Chartered Institute of Personnel and Development (Associate Member) |
112.27 |
|
Chartered Institute of Personnel and Development (Associate Member) |
118.10 |
|
Institute of Certified Public Accountants Ireland |
565.00 |
|
Institute of Certified Public Accountants Ireland |
565.00 |
|
Institute of Certified Public Accountants Ireland |
565.00 |
|
Institute of Certified Public Accountants Ireland |
565.00 |
|
Interaction Design Foundation membership |
144.00 |
|
International Compliance Association |
122.33 |
|
International Compliance Association |
114.72 |
|
Law Society Solicitor Membership |
85.00 |
|
Medical Council |
605.00 |
|
Medical Council |
605.00 |
|
Medical Council Of Ireland |
560.00 |
|
Medical Council Of Ireland |
560.00 |
|
Psychological Society of Ireland |
330.00 |
|
Public Relations Institute of Ireland |
288.00 |
|
Royal College of Pathologists |
252.38 |
|
Royal College of Pathologists |
253.38 |
|
Royal College of Physicians of Ireland |
250.00 |
|
Royal College of Physicians of Ireland |
326.25 |
|
Total |
12,041.75 |
354. Deputy Jackie Cahill asked the Minister for Justice her plans for community services in County Tipperary that have over 200 clients working with them through probation in Thurles, Clonmel, Cashel and Tipperary town, to provide a bus for the transport of their clients given the effectiveness of their work is currently curtailed due to lack of transport; and if she will make a statement on the matter. [42728/20]
Amharc ar fhreagraI am advised by the Probation Service that the Tipperary Probation Service team have approximately 66 operational Community Service Orders. A number of sites have re-opened across the county, aligned with Government health guidance, with more to open in the New Year.Access to site work is addressed as part of both the assessment stage and in the management of the Community Service Order. I am further advised that transport has not delayed the completion of Community Service Orders and where any issues arise, alternatives are identified to facilitate the completion of the Community Service Order. Service delivery is subject to ongoing review and opportunities to support efficiencies are considered as part of that process, including access and transport to Community Service sites. This is also carried out in the current context of ensuring Government Public Health Guidance is adhered to in relation to COVID 19.In respect of Community Service provision nationwide, the use of Probation Service fleet vehicles for the transport of Community Service clients is presently on hold – due to control measures implemented in line with Public Health guidance to manage the spread of Covid 19. The use of fleet vehicles will be reviewed in the New Year.
355. Deputy Pearse Doherty asked the Minister for Justice if funding is available for a domestic violence support group (details supplied) in County Donegal; and if she will make a statement on the matter. [42757/20]
Amharc ar fhreagraTackling domestic abuse and providing supports for victims is a priority for me as Minister and for Government. I am working collectively with my colleagues to ensure we have an appropriate national response that supports victims and holds perpetrators to account.
I would remind the Deputy that while funding for frontline services is under the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth, by virtue of his responsibility for Tusla, my Department does provide funding to organisations that support victims of crime, including by providing emotional support, court accompaniment, accompaniment to Garda interviews, accompaniment to sexual assault treatment units, counselling and referral to other services .
My Department also provides funding to support training and awareness raising initiatives in relation to domestic, sexual and gender-based violence.
In 2020, my Department has provided just over €3.9 million in funding for these purposes and this year I have secured funding of some €3 million for raising awareness of domestic, sexual and gender based violence and €4.104 million to support victims of crime.
These figures reflect the additional €2.3 million provided in Budget 2021 for the implementation of Supporting a Victim's Journey - A plan to help victims and vulnerable witnesses in sexual violence cases and a continuation of the Covid specific funding made available to help organisations we fund to meet the challenges presented by the pandemic, with €400,000 set aside for this purpose.
In relation to the provision of funding for the organisation in question, my Department has in the past provided funding to this organisation and I would draw their attention to the fact that the scheme for funding for 2021 is live and that a public call for applications will issue in national media in the coming days.
356. Deputy Louise O'Reilly asked the Minister for Justice if her attention has been drawn to a mechanism by which the sale of a family home can be compelled in a situation in which one party is refusing to assent to same and in which a barring order is in place; and if she will make a statement on the matter. [42798/20]
Amharc ar fhreagraThe courts are, subject only to the constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge. As Minister, I have no direct role in these matters.
Section 4 of the Family Home Protection Act 1976, allows a court, in certain circumstances, to dispense with the consent of a spouse to the sale of the family home.
Section 32(2) of the Domestic Violence Act 2018 provides that while the exercise of a person’s right to occupy a place is suspended by virtue of a barring order, that order shall not affect any estate or interest in that place of the person against whom the order was made or any other person.
The Family Law (Divorce) Act 1996 and the Family Law Act 1995 provide for the making by the courts of orders relating to property, including the family home, in divorce or judicial separation proceedings, and such orders can include orders for the sale of property.
The question of whether such an order should be made in any particular case will be a matter for the court to decide, having considered the circumstances of the case.
357. Deputy Bernard J. Durkan asked the Minister for Justice the current strength of An Garda Síochána, male and female; her plans to further increase the strength of the force; and if she will make a statement on the matter. [42809/20]
Amharc ar fhreagraI am informed by the Garda Commissioner that the total strength of An Garda Síochána as at 30 November 2020, the latest date for which figures are currently available, is 14,519. Of this total, 10,535 are male and 3,984 are female. These Garda members are supporting by over 3,000 Garda staff nationwide.
As the Deputy will be aware, An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. To this end, Budget 2021 will allow for the recruitment of up to 620 new Gardaí and an extra 500 Garda staff.
358. Deputy Bernard J. Durkan asked the Minister for Justice the number of promotional places to be filled in An Garda Síochána; and if she will make a statement on the matter. [42811/20]
Amharc ar fhreagraAs 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 have sought the information requested from An Garda Síochána and will write to the Deputy when I have received it.
|
Rank |
Current Strengths |
Vacancies/Expected Vacancies to end 2021 |
|
Commissioner |
1 |
|
|
Deputy Commissioner* |
2 |
2 |
|
Assistant Commissioner** |
8 |
|
|
Chief Superintendent |
46 |
4 |
|
Superintendent |
167 |
11 |
|
Inspector |
439 |
60 |
|
Sergeant |
1982 |
323 |
359. Deputy Bernard J. Durkan asked the Minister for Justice the number of gardaí currently available for duty at any given time throughout the towns and villages of north County Kildare; the extent to which these present levels of deployment are in accord with the demographics of the area; the plans to increase these numbers in line with the population changes; and if she will make a statement on the matter. [42812/20]
Amharc ar fhreagraAn Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. As a result, Garda numbers are now over 14,600 Garda members and over 3,000 Garda staff nationwide. Budget 2021 will allow for the recruitment of up to 620 new Gardaí and an extra 500 Garda staff.
The Deputy will be aware that the Garda Commissioner is by law responsible for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. 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.
The allocation and transfer of Garda Personnel is determined by a number of factors, including crime and non-crime workload, minimum establishment, population, area, policing arrangements, operational strategies and transfers applications, including welfare issues. When allocations are taking place, comprehensive consultation is carried out with Local Management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.
The Deputy may wish to know that detailed information in relation to 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:
www.justice.ie/en/JELR/Pages/Garda_Workforce.
Additional information on Garda staff, the Garda Workforce and other relevant statistics are available at the following link:
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures .
360. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the Criminal Assets Bureau has achieved success against organised crime in the past five years; and if she will make a statement on the matter. [42815/20]
Amharc ar fhreagraAs you 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 to 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.
Currently the Bureau is conducting investigations into individuals and Organised Criminal Groups involved in the following types of crime:
- Sale and Supply of Controlled Drugs
- Burglaries, Theft, Fraud
- Stolen vehicles
- Stolen and counterfeit vehicle parts
- Various offences related to the used car motor trade
- Sale of encrypted devices to criminal groups
- International Mail Fraud scam
- Ghost Motor Insurance Brokers
- Insurance Fraud
- Bogus Tradesmen involved in defrauding the vulnerable and elderly, particularly in relation to house repairs, roofing and tarring driveways
- Prostitution
- People Smuggling/Human Trafficking
- Fuel Smuggling
- Illegal Tobacco Trade
- Illegal Dumping
- Extortion, Blackmail, False Imprisonment and Harassment
Since its establishment in 1996, the Criminal Assets Bureau (CAB) is recognised as a world leader in asset investigations, tracing and forfeiture. As a part of its prescribed statutory function, it currently provides national and international assistance and education to other law enforcement / regulatory agencies and State bodies, including the European Union Agency for Law Enforcement Training, the Federal Bureau of Investigation (FBI), the National Cyber Investigative Joint Task Force (NCIJTF) of the United States of America, the AFP (Australian Federal Police) and the National Agency of Ukraine for Finding, Tracing and Management of Assets derived from Corruption and Other Crime.
The Bureau is included as a member in two Joint Investigation Teams (JIT’s) since 2019, established in accordance with Article 20 of the Second Additional Protocol of the European Convention on Mutual Assistance in Criminal Matters.
With regard to the details of the activities of the Bureau, these are reported on each year in its Annual Report. These Annual Reports can be found at www.cab.ie.
The 2019 Annual Report was published by the Department of Justice and Equality and laid before the Houses of the Oireachtas on 25 June 2020.
361. Deputy Bernard J. Durkan asked the Minister for Justice the degree to which recidivism is being confronted with particular reference to the number of cases in which repeated offences have occurred in respect of prisoners while on bail or on bail for more than one alleged crime; if further legislative changes are required to address this issue; and if she will make a statement on the matter. [42816/20]
Amharc ar fhreagraAs the Deputy may be aware, the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a Constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty.
As previously indicated to the Deputy, public safety is an absolute priority for me as Minister for Justice. Working to reduce re-offending and minimise the risk of further harm to victims and society, through the implementation of effective evidence-based penal policy, is a key part of that task.
The Deputy will wish to be aware that a number of initiatives were introduced over the past decade to reduce reoffending including Community Return and Community Support Schemes and the Joint Agency Response to Crime (J-ARC). Community Return and Community Support Schemes were introduced in 2011 and aim to increase support for prisoners prior to their release from prison, upon their release, and then for a period after their release in order to break the cycle of offending;
The Joint Agency Response to Crime (J-ARC) is a multi-agency response to the supervision and rehabilitation of offenders which commenced in 2014. The programme aims to target prolific offenders who are responsible for large amounts of crime. In order to reduce crime and enhance public safety, the selected prolific offenders are managed through the integration of policy and practice between the J-ARC agencies.
While I’m sure the Deputy will appreciate, it is challenging to relate the impact any one action or any specific legislation has to general re-offending rates as recidivism may be impacted by a number of other variables, such as social influences or other external factors. However, an example of the impact of legislation in this area is the Criminal Justice (Community Service) (Amendment) Act 2011. This Act provides that a court shall consider the appropriateness of a community service order in circumstances where a sentence of imprisonment of up to 12 months is being considered. There has been a consistent increase in the management of community service orders by the Probation Service over the past three years. In 2019, the Probation Service managed 2,791 Community Service Orders, totalling 379,815 hours work, in lieu of 1,247 years in prison, which equated to €3 million of unpaid work. Despite this, the use of short sentences is something that I am continuing to focus on as their use remains prevalent.
Earlier this year my Department launched the findings from an international evidence review on recidivism and policy responses. This research report is the third in a series of releases to be commissioned and disseminated by the Research and Data Analytics unit in my Department, was prepared by Prof. Ian O’Donnell from the Institute of Criminology and Criminal Justice, School of Law, UCD.
The review sought to address a range of questions relating to the factors underpinning recidivist and prolific offending behaviour; public policy interventions that tackle recidivism and prolific offending; and the effectiveness of these interventions and likelihood of successful transplantation to an Irish context.
The review will constitute a valuable resource for researchers and act as a springboard for future empirical research on best practice in this area and provide a body of evidence essential to inform future policy discussions and development. The full report, including key finding, is available on the website of my Department and builds on the Department’s commitment, outlined in the 2018-2020 Data and Research Strategy, to support the development of more evidence-informed policy making.
As the Deputy will also be aware, the Criminal Justice Act 2017 strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.
Under the Act, a Court, in considering an application for bail, is required to have regard to persistent serious offending by an applicant and the nature and seriousness of any danger presented by the grant of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more. The Court will also have the power, in certain cases, to hear evidence from the victim of an offence before a decision on bail is taken. Where an accused person is granted bail, the Act provides for stricter bail terms for repeat serious offenders, strengthens Garda powers to deal with breaches of bail and increases the use of curfews.
362. Deputy Bernard J. Durkan asked the Minister for Justice the number of offences committed by prisoners while on temporary or short-term release in the past five years to date; and if she will make a statement on the matter. [42817/20]
Amharc ar fhreagraThe Irish Prison Service work closely with An Garda Síochána and the Probation Service in respect of the monitoring, supervision and compliance of those on temporary release.
As the Deputy may be aware, any prisoner who breaches his or her conditions, including committing a criminal offence, may be arrested and returned to prison immediately by the Gardaí or may be refused another period of reviewable temporary release. If an individual re-offends on temporary release, the matter of their prosecution is a matter for An Garda Síochána and the Director of Public Prosecutions to consider.
I am advised by my officials in the Irish Prison Service that the information requested by the Deputy would take a disproportionate amount of time and resources to gather. It is not currently readily accessible and in a manner which can be easily collated at this time. However, I have undertaken to discuss this matter further with my officials to ascertain what type of information may be available and will revert to the Deputy when I have done so.
The Deputy may wish to note that the Central Statistics Office (CSO) use data from the Irish Prison Service and An Garda Síochána to develop comprehensive prison re-offending indicators and in order to be of some assistance to the Deputy, the following statistics on recidivism in respect of offences committed on release from custody may be helpful.
The three-year re-offending indicator counts prisoners who re-offended within three years of release from custody, and who secured a court conviction within a further two years.
The latest reoffending statistics produced by the CSO demonstrate that prison re-offending rate has been in decline from 2011 to 2017.
Looking at the three year re-offending rate, 55.2% of prisoners released in 2014 re-offended within three years of release, an 8.6% decrease on re-offending levels of 63.8% for prisoners released in 2011.
Further information and statistical information is available on the website of the Central Statistics Office at www.cso.ie .
363. Deputy Bernard J. Durkan asked the Minister for Justice the number of persons, men and women, respectively currently incarcerated; the extent to which cells are shared by two, three or more prisoners; and if she will make a statement on the matter. [42818/20]
Amharc ar fhreagraI am advised by the Irish Prison Service that figures in relation to cell occupancy levels and in-cell sanitation are collated by the Prison Service Statistics Unit and are published in the IPS website. This information can be found in the Information Centre section under "Statistics and Information - Census Reports" at www.irishprisons.ie.
According to the latest available report (dated 20 Oct 2020) there were:
3,768 prisoners in custody -
- 1,964 (52%) cells accommodated one prisoner (1,895 Male) (69 Female).
- 749 cells accommodated two prisoners (1,498 prisoners) (1,416 Male, 82 Female).
- 79 cells accommodated three prisoners (237 prisoners) (234 Male, 3 Female).
- 22 cells accommodated four or more prisoners (69 male prisoners).
Given the current number of prisoners in custody the Irish Prison Service is not in a position to provide single cell accommodation to all prisoners. Single cell occupancy across the system would result in a bed capacity of less than 3,000 and would not be possible to achieve without releasing sizeable numbers of prisoners considered to represent a threat to public safety.
I am further advised that in some cases prisoners are housed together for reasons other than lack of capacity. Family members and friends often elect or are assigned a shared cell. Shared cell accommodation can be very beneficial from a management point of view particularly for those who are vulnerable and at risk of self-harm.
364. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the smuggling of drugs into prisons has been curtailed; the ambitions for same in the future; and if she will make a statement on the matter. [42819/20]
Amharc ar fhreagraI can advise the Deputy that the Irish Prison Service is committed to addressing both the demand for and the supply of illegal drugs. The prevention of access to contraband including illegal drugs into prisons will always be a high priority for the Irish Prison Service.
It is considered that approximately 70% of prisoners who are committed to custody have addiction issues.
Many of those with active addiction continue their drug seeking behaviour inside prison, notwithstanding the supports that are available to address their addiction.
Drugs will continue to be an issue in our prisons as long as people continue to take drugs in our communities.
The Irish Prison Service is finalising a new Keeping Drugs Out of Prisons Policy which will be published early next year
The Service is committed to making improvements in security measures and recently introduced new technologies such as drug swabbing equipment which is similar to airport style explosives swabbing.
The Service have also introduced a pilot anti-drone system in two Dublin prisons and I am advised that this has proven to be successful. The Prison Service are in the process of installing the technology in a number of other locations before the end of 2020, with the system to be rolled out to the remaining locations in 2021.
I can inform the Deputy that as of 5th December, 2020 there were 1,172 drug seizures throughout the prison estate compared to 1,195 as of 7th December 2019.
Table 1 below sets out the number of suspected drug seizures in Irish Prisons to date in 2020 (figures up to and including 5th December 2020).
The Prison Service continues to seek to construct a range of programmes, support services and through-care options for prisoners demonstrating a commitment to addressing their substance misuse. In line with Reducing Harm Supporting Recovery, the National Drug Strategy, the Prison Service has an agreed protocol with the Health Service Executive for the seamless transition of prisoners established on drug treatment into community drug treatment settings.
The Irish Prison Service also provides support to prisoners to address their addiction needs while in custody, there are 22 addiction counsellors employed across the prison estate.
|
|
Total seizures per prison as at 07/12/2019 |
Total seizures per prison as at 05/12/2020 |
|
Castlerea |
58 |
33 |
|
Cloverhill |
176 |
190 |
|
Cork |
58 |
52 |
|
Dochas |
15 |
3 |
|
Limerick |
79 |
112 |
|
Midlands |
96 |
33 |
|
Mountjoy |
225 |
268 |
|
Portlaoise |
17 |
11 |
|
Shelton Abbey |
0 |
1 |
|
Wheatfield |
471 |
469 |
|
Total |
1,195 |
1,172 |
365. Deputy Bernard J. Durkan asked the Minister for Justice the degree to which repeat offenders are successfully segregated from first-time offenders in all prisons throughout the country; and if she will make a statement on the matter. [42820/20]
Amharc ar fhreagraThe Irish Prison Service is committed to the provision of safe, secure and humane custody for people who are sent to prison in this State.
I am advised by my officials in the Irish Prison Service that there is a standard operational procedure in place to ensure that upon committal, all offenders are assessed and accommodated appropriately according to their needs and specific security status.
Dedicated committal units have been established in all committal prisons for this purpose.
I am advised that to automatically segregate first time committals from the general prisoner population would greatly reduce their access to services.
The Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services.
These programmes are available in all prisons and all prisoners are eligible to use the services and every effort is taken by the Service to ensure that prisoners are accommodated appropriately to ensure that they can avail of as many rehabilitative programmes and services as possible.
366. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which rehabilitative and educational courses are made available to prisoners throughout the country with particular reference to first-time offenders with a view to encouraging them away from crime; and if she will make a statement on the matter. [42821/20]
Amharc ar fhreagraPrisoner care and rehabilitation is a core aim of the Irish Prison Service. The Service tries to achieve a balanced approach in the effective performance of its care and custody functions. It seeks to manage sentences in a way which encourages and supports prisoners in their efforts to live law abiding and purposeful lives on release.
I understand that a wide range of rehabilitative programmes are provided to those in custody including education, vocational training, healthcare, psychiatric, psychological, addiction counselling, welfare and spiritual services. These programmes, which are available in all prisons and to all prisoners, including first time offenders, can offer purposeful activity to those in custody while serving their sentences.
I am advised that the Prison Psychology Service proactively target specific cohorts of prisoners including for example, violent offenders with over two year sentence, as well as 18-24 year olds in custody.
Assistant Psychologists have been recruited since 2016. Their focus is primarily on mental health and sentence management work with prisoners. They are tasked with engaging and motivating this cohort of prisoners, who are committed to custody on a sentence of one year or more and who do not have a post-release supervision order to develop a sentence plan and to engage in appropriate interventions.
I am pleased to report that the Probation Service have joined this initiative by engaging in assessments with those 18-24 year olds who have post release supervision orders.
The strategic objective to have a multi-agency approach to offender management and rehabilitation from pre to post imprisonment in order to reduce re-offending and improve prisoner outcomes, forms a central part of the Prison and Probation Service Joint Strategic Plan 2018 - 2020.
There is a clear commitment to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes. The Joint IPS/ETBI Education Strategy 2019 - 2021 sets out a commitment to the provision of broad based education provision and includes supporting integration and sentence planning.
Education in prisons is delivered in partnership between the Education Training Boards and the Prison Service with a focus on providing education which is quality assured, student centred and which facilitates lifelong learning. A broad and flexible curriculum is provided.
Other areas where there has been significant progress in prison education are in physical education, in the provision for higher education, in the arts and in preparing people for release. A top priority for the Service is ensuring help for those with literacy problems, and to this end, peer mentoring programmes are currently active in all prisons.
The guiding principles which underpin the prisons' work and training service are to make available, work, work-training and other purposeful activities to all those in custody. Training activities are chosen to give as much variety as possible and also to give opportunities for those in prison to acquire practical skills which will help them secure employment on release. Occupational activities such as craft based skills and picture framing are also available. Work Training Officers have been appointed and assigned to areas such as catering, laundry, industrial cleaning, industrial skills and gym.
I am pleased to state that the Prison Service has also been expanding the number of accredited courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds, the Guild of Cleaners and Launderers and Cleanpass and the centralising of coordination and quality assurance arrangements have enabled the prison service to extend the number of available courses and activities with certification to people in custody.
Finally, the Deputy may wish to note that I recently launched in the "Working to Change Social Enterprise Strategy - 2021-2023". The strategy sets out my Department’s direction for supporting employment options for people with convictions by simultaneously working to remove the systemic barriers so that people can make sustainable changes. It builds upon a solid foundation of employment supports already in place across the criminal justice sector and is a collaboration between the Prison and the Probation Service and my Department of Justice.
Currently, there are various employment focussed interventions which take place along the criminal justice spectrum for those in custody, those preparing for release and for those engaging in Probation funded projects in the community. In addition, people with convictions can avail of the programmes provided through Government Agencies which support training, employment and entrepreneurship. The strategy aims to create a flexible, responsive system that ties all of these interventions together in a coherent, strategic and progressive manner with each intervention building on the previous ones, for the benefit of people with convictions and communities they return to.
A copy of the Strategy can be found on my Departmental website.
367. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the full complement of staff remains available throughout the Irish Prison Service; and if she will make a statement on the matter. [42822/20]
Amharc ar fhreagra368. Deputy Bernard J. Durkan asked the Minister for Justice the number of promotional positions to be filled throughout the Irish Prison Service; and if she will make a statement on the matter. [42823/20]
Amharc ar fhreagraI propose to take Questions Nos. 367 and 368 together.
As the Deputy will be aware, the Irish Prison Service operates as an executive office within the Department of Justice and Equality. It is headed by a Director General supported by five Directors.
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.
The identified resources requirement for the Irish Prison Service is 3,360 with a shortfall average of 4% for December 2020.
The Service continue to recruit for Prison Officer and healthcare grades.
The Deputy will wish to be aware that in 2020, 101 Recruit Prison Officers were appointed, with an expectation to recruit a further 144 in 2021.
I am informed that the number of promotional positions to be filled in the Irish Prison Service varies on a regular basis, and is influenced by multiple factors such as staff mobility, retirements, internal promotions and promotions to external organisations.
In respect of internal promotional competitions, as the Deputy will appreciate, such competitions are administered on an on-going basis in order to fill vacancies at all levels of the organisation, as they arise.
Vacancies arise for positions both at Prison Grade and also General Service grades. These internal promotional competitions are open to any eligible staff member, to make an application, to fill any advertised post.
Since the beginning of 2020, the Irish Prison Service has advertised 10 internal promotional competitions and I am informed that it is intended to continue to advertise further promotional competitions until year end, for various grades.
The Deputy will wish to note that in addition to such internal promotional competitions, the Irish Prison Service also engages with the Public Appointments Service in order to assign successful candidates to vacancies in the organisation.
369. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which adequate juvenile liaison officers are available throughout each Garda division and district; and if she will make a statement on the matter. [42824/20]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána including decisions on the deployment of personnel. I, as Minister, have no direct role in the matter. Garda management keeps this deployment under review in the context of crime trends and policing priorities to ensure optimum use is made of available resources.
I am advised by the Commissioner that Garda Juvenile Liaison Officers (JLOs) are specially trained to fulfil a key role in implementing the Garda Diversion Programme. Their role includes the administration of formal and informal cautions as well as appropriate supervision of children who have been admitted to the Diversion Programme, as provided in Part 4 of the Children Act 2001.
The Deputy will be aware that, as of 16 March 2020, a contingency roster was introduced into An Garda Síochána because of the COVID-19 pandemic. I am informed by the Garda authorities that with the introduction of the contingency roster, Community Policing and JLO members have been allocated to regular units on a temporary basis to aid frontline policing during the pandemic. It should be noted that Community Policing duties were and are being conducted by members attached to the regular units. I am informed that these members will be returned to Community Policing and JLO duties in the near future and that while this contingency roster is in effect, JLOs are still performing their JLO duties.
General information on the Garda workforce is available on my Department's website at the following link http://justice.ie/en/JELR/Pages/Garda_Workforce.
370. Deputy Bernard J. Durkan asked the Minister for Justice the availability of community liaison officers in each Garda division and district; and if she will make a statement on the matter. [42825/20]
Amharc ar fhreagraAs the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands. 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. Indeed, this has never been more evident than in the work carried out by all members of the Gardaí over the last nine months as we have tackled the COVID-19 pandemic.
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:
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
371. Deputy Bernard J. Durkan asked the Minister for Justice the number of cases of juvenile crime currently being dealt with by juvenile liaison officers or other gardaí in each Garda division and district; and if she will make a statement on the matter. [42826/20]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána including case management and allocation.
I have requested the information sought by the Deputy from the Garda Authorities. I will respond to the Deputy in writing when the information is provided to me.
372. Deputy Richard Boyd Barrett asked the Minister for Health if the changes to income limits for medical card applications in budget 2020 have been implemented; and if he will make a statement on the matter. [42808/20]
Amharc ar fhreagraThe Health (General Practitioner Service and Alteration of Criteria for Eligibility) Bill 2020 was enacted on 2 August 2020. This Act provided for the necessary legislative amendments to the Health Act 1970 (as amended) to increase the weekly gross medical card income limits for those aged 70 and over to €550 per week for a single person and to €1050 per week for a couple. The increased medical card income limits for those aged over 70 came in to effect on 1 November, 2020.
373. Deputy Marc MacSharry asked the Minister for Health the way in which he is encouraging the use of biosimilar medicines; and if he will make a statement on the matter. [42312/20]
Amharc ar fhreagraI am pleased to inform the House that the prescribing of Best Value Biologic medicines is leading to significant savings for the health service, which is assisting us in facilitating access to new, innovative medicines for patients.
The HSE is actively engaged in implementing effective policy levers across a number of domains and under several initiatives, including the Acute Hospitals Drugs Management Programme, the Medicines Management Programme, and within the Primary Care Eligibility & Reimbursement Service.
The HSE Medicines Management Programme published recommendations in May 2019 in relation to two high tech drugs, adalimumab and etanercept, which has resulted in the percentage value of Biosimilar drugs reimbursed to High Tech suppliers increasing from about 2% in 2018 to over 40% of the available market by October this year.
In 2019, the HSE introduced the Gainshare Initiative, which provides a financial incentive to public hospitals and clinics to pursue biosimilar treatment switching programmes. This has resulted in over 10,000 patients switching and has achieved savings in excess of €35 million, to date.
While progress has been positive, the Department of Health and HSE are continuously monitoring and evaluating the effectiveness of current levers to ensure that the State can capitalise on the most efficient policy approach.
There is value and savings to be gained from the adoption of biosimilars technology, however, progress in this area has to be carefully planned and implemented, with patient’s confidence and assurance at the forefront of any new initiatives and developments. It is not comparable to consider biosimilars and generics in the same context. They are different medical technologies with different care pathways for patients.
Despite the impediment of Covid-19, the HSE are progressing well in achieving savings in this area whilst maintaining the engagement of clinicians and the confidence of patients in the safety and efficacy of this technology.
