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Gnáthamharc

Tuesday, 11 May 2021

Written Answers Nos. 617-636

Wards of Court

Ceisteanna (617, 644, 650)

Seán Haughey

Ceist:

617. Deputy Seán Haughey asked the Minister for Justice the steps she is taking to ensure that there will be a smooth transition for wards of court into the new system provided for under the Assisted Decision-Making (Capacity) Act 2015 in order that there will be no diminution of their assets; and if she will make a statement on the matter. [24867/21]

Amharc ar fhreagra

Aodhán Ó Ríordáin

Ceist:

644. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the steps that are being taken to transition for wards of court into the new systems and procedures established by the Assisted Decision-Making (Capacity) Act 2015; and the protections that are in place to protect the interests of such wards of courts from diminution of their assets following decisions taken under the Act. [24124/21]

Amharc ar fhreagra

Richard Bruton

Ceist:

650. Deputy Richard Bruton asked the Minister for Justice the steps she is taking to ensure that there will be a smooth transition for wards of court into the new system with no diminution of their assets. [24272/21]

Amharc ar fhreagra

Freagraí scríofa

Following the transfer of functions on 14 October last, responsibility for the Assisted Decision-Making (Capacity) Act 2015, now lies with my colleague, the Minister for Children, Equality, Disability, Integration and Youth. Under the provisions of the Courts Service Act 1998 management of the courts is the responsibility of the Courts Service, which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter. The Court Service’s Wards of Court Office has commenced planning for the discharge of wards of court under the 2015 Act. Upon commencement of Part VI of the Act, a three year time period is provided to review all existing wards of court for discharge. To prepare for this, I am informed that the Wards of Court Office has recruited additional psychiatrists to its panel of Court medical visitors for the purpose of carrying out capacity assessments. Planning for these reviews has commenced by the Office, along with the identification of additional staffing resources needed to meet the predicted increase in work-load during the review period. The Office expects a greater number of applications for discharge in the first year, with a decreasing number for the second and third year, of the review period and is planning its resources based on this assumption The Courts Service further informs me that preparations are underway for the communications process to all committees of wards of court, explaining the review period and what this will entail. This will commence when the actual proposed date is ascertained. While the planning aspect for the review of wards of court has commenced, the actual reviews will not start until the commencement of Part VI of the Act by Minister O’Gorman. I am informed by the Courts Service that those funds of wards of court that are held in court will continue to be managed prudently by the Office of Wards of Court and the Office of the Accountant of the Courts of Justice. These funds will be subject to the investment protocol of the Investment Committee of the Courts Service at all times until the funds are required to be realised and the proceeds paid to the person or persons named in the order of the Wardship Court discharging the relevant person from wardship. The majority of assets will be transferred to the relevant person or an immediate family member, depending on the capacity assessment at the time of discharge. The Department of Children, Equality, Disability, Integration and Youth is also responsible for the post-wardship provisions of the 2015 Act.

Visa Applications

Ceisteanna (618)

Michael Creed

Ceist:

618. Deputy Michael Creed asked the Minister for Justice if her Department is processing visa applications from Pakistan for skilled workers; and if she will make a statement on the matter. [23622/21]

Amharc ar fhreagra

Freagraí scríofa

As part of Government efforts to tackle the pandemic, in January 2021 new visa requirements on passport holders from a number of South American countries, including Brazil and South Africa were introduced and the Immigration Service of my Department also took the decision to temporarily cease accepting new visa/preclearance applications from all countries, with the exception of the Priority/Emergency case types listed below.

Priority/emergency cases from all nationalities will continue to be accepted/processed and these include the following:

- Workers or self-employed persons exercising critical occupations including healthcare workers, frontier and posted workers as well as seasonal workers as referred to in the Guidelines concerning the exercise of the free movement of workers during the COVID-19 outbreak;

- transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting;

- patients travelling for imperative medical reasons;

- pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study;

- persons travelling for imperative family or business reasons;

- diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and police officers, and humanitarian aid workers and civil protection personnel in the exercise of their functions;

- passengers in transit;

- seafarers;

- journalists, when performing their duties.

If a person's application falls into one of these categories, they can apply on-line in the usual way. However, before proceeding with an on-line application, they should check with their local Embassy/Honorary Consulate/Visa Office to confirm that their application meets the priority/emergency criteria as outlined.

These measures are designed to support our current public health restrictions on movement, including into and out of Ireland. The increased travel restrictions, along with the mandatory hotel quarantine measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19, means that travel may not be possible and even if possible is not advisable unless absolutely essential.

When making such decisions, the Government considers the expert public health advices of NPHET to tackle the disease. The situation will continue to be reviewed in consultation with the relevant authorities in the coming weeks.

Before coming to Ireland to work, a person is required to make an application for an employment permit, which is processed by the Department of Enterprise, Trade and Employment (DETE): https://enterprise.gov.ie/en.

In addition to the employment permit, a visa-required person must also have an Irish visa prior to seeking entry to the State. Therefore, a visa-required person should wait until they have been issued with an employment permit by DETE before they apply for the appropriate employment visa. Visa applications must be made using the on-line AVATS facility at: ttps://www.visas.inis.gov.ie/avats/OnlineHome2.aspx.

Sports Funding

Ceisteanna (619)

Gerald Nash

Ceist:

619. Deputy Ged Nash asked the Minister for Justice if investment into sporting clubs (details supplied) is eligible under the immigrant investment programme; and if she will make a statement on the matter. [23645/21]

Amharc ar fhreagra

Freagraí scríofa

The Immigrant Investor Programme (IIP) was introduced in April 2012, to encourage inward investment so as to create business and employment opportunities in the State. There are currently four options for investing, one of which is the endowment of €500,000 (or €400,000 where a group of five or more combine to make a large endowment) towards a project of public benefit in the arts, sports, health, cultural or educational field. A number of sporting clubs have been approved for IIP investment under the scheme to date.

Projects seeking funding under the IIP are assessed by an Independent Evaluation Committee, comprised of senior civil and public servants from relevant Government Departments and State Agencies involved in enterprise development in Ireland. The Evaluation Committee convenes at least four times a year to assess projects submitted for consideration under the Programme.

The Evaluation Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the application will be submitted to me for final approval. Any endowment proposed should be regarded as a philanthropic contribution with a clear public benefit and investors will receive no financial return or recoupment of the principal sum invested. Any successful endowment project must provide a benefit to the public that is enduring and not one that is no longer sustainable once the endowment funding ceases. In addition, the IIP is focused on supporting projects that are investment ready. A criteria for establishing same is that planning permission, where required, has been granted.

Successful applicants under the IIP and their nominated family members may be granted a residence permission in Ireland under Stamp 4 conditions. Stamp 4 conditions permit non-EEA nationals to work, study or start their own businesses in Ireland.

Visa Applications

Ceisteanna (620)

Bernard Durkan

Ceist:

620. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 821 of 28 April 2021, if the particular appeal in question been assigned to an official in her Department; if the appeal has been assessed by a deciding officer; if there are other issues arising out of the appeal; if so, the issues; and if she will make a statement on the matter. [23656/21]

Amharc ar fhreagra

Freagraí scríofa

The visa appeal will be considered by the visa appeals officer in Abu Dhabi, the visa office where the visa application was made. The processing times and decisions at the Overseas Visa Offices can be checked at the webpage for the relevant Office.

However, to be fair to all applicants, appeals for applications of this type are processed in the order in which they are received. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh.

Full consideration will be given to any appeals received. However, the onus is on applicants to satisfy the Visa Officer that visas should be granted.

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 (inisoireachtasmail@justice.ie), 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.

Immigration Status

Ceisteanna (621)

Michael Healy-Rae

Ceist:

621. Deputy Michael Healy-Rae asked the Minister for Justice the status of the case of a person (details supplied); and if she will make a statement on the matter. [23678/21]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy is the subject of a Deportation Order made on 28 August 2018. However, on 14 August 2019 the person concerned made a request, under section 3(11) of the Immigration Act 1999 (as amended) to have that Order revoked. This request will be considered as soon as possible and a decision on whether the existing Deportation Order will be either ‘affirmed’ or ‘revoked’ will issue.

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 (inisoireachtasmail@justice.ie) 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.

An Garda Síochána

Ceisteanna (622)

Imelda Munster

Ceist:

622. Deputy Imelda Munster asked the Minister for Justice her plans for the increase of Garda services in east County Meath given the large increase in population of the area; and if she will make a statement on the matter. [23707/21]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

There has been a significant increase in Garda resources in Meath in recent years. I am informed by the Garda authorities that as of the end of March 2021, the latest date for which figures are available, a total of 331 Garda members were assigned to the Meath Division, in addition to 44 Garda staff. By contrast, in December 2015 there were a total of 277 Garda members and 26 Garda staff in the Division. These figures represent increases of 19% and 69% respectively.

Meath Division is one of four Divisions earmarked for the introduction of the new Garda Operating Model in the next year. With the introduction of the new Operating Model it is envisaged that there will be improvements to structures, processes, services and governance, and that there will be an increase in the number of front-line Gardaí.

A detailed breakdown of Garda numbers by division, district and station, is available on my Department’s website, in the interests of transparency and for the convenience of Deputies and the wider public. This information is updated every month with the latest data provided by An Garda Síochána. The Information on Garda members requested may be accessed at the following link:

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

Passport Services

Ceisteanna (623)

Claire Kerrane

Ceist:

623. Deputy Claire Kerrane asked the Minister for Justice if her attention has been drawn to an issue which has arisen in relation to persons who were born in the UK but have lived and worked in Ireland for 30 years and more who are being charged €1,200 for an Irish passport; when this charge was introduced; the reason for same; and if she will make a statement on the matter. [23723/21]

Amharc ar fhreagra

Freagraí scríofa

All naturalisation applications, whether they are made by EU citizens or non-EU citizens, are processed entirely in accordance with the provisions of the Irish Nationality and Citizenship Act 1956 as amended, and having regard to the particular merits of the application.

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation.

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation.

The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons the certification fee is nil.

There is no provision in the Regulations for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities. All of the fees payable under the Irish Nationality and Citizenship Act are kept under ongoing review by my Department; however, there are no plans to amend the fees.

On receipt of a certificate of naturalisation the successful applicant can make an application for an Irish passport and the fees in relation to that application and the issuing of a passport are a matter for the Minister for Foreign Affairs.

Student Visas

Ceisteanna (624)

Rose Conway-Walsh

Ceist:

624. Deputy Rose Conway-Walsh asked the Minister for Justice if English language students are required to sign-up and pay for a 25-week language course in order to access the visa extension until 20 September 2021 regardless of whether they will be able to attend the full duration of the course or not; and if she will make a statement on the matter. [23730/21]

Amharc ar fhreagra

Freagraí scríofa

My Department recognises the difficulties that Covid-19 has had on everyone in the country, including our international student population. From the outset of the pandemic, we have worked to provide assistance and assurance to people who use our immigration services.

Since the pandemic was declared in March 2020, immigration permissions have been extended, on seven occasions, most recently until 20 September 2021. The extension of permissions also covers English language students who have already availed of the maximum three permissions (three permissions of 8 months each), allowing them to renew for a fourth permission until 20 September 2021.

Students must enrol on a 25-week programme as soon as their third permission expires and to register that permission. This currently will allow them to remain in the State until 20 September 2021, however, each case will be assessed on its individual merits and a pragmatic approach will be adopted.

Students applying for a second or third permission may renew for up 8 months provided they enrol in a 25-week English language programme.

The same terms and conditions that applied to their previous courses will apply to the student’s new course.

Road Traffic Accidents

Ceisteanna (625)

Alan Kelly

Ceist:

625. Deputy Alan Kelly asked the Minister for Justice the number of reported traffic accidents on the M7 motorway between the Moneygal exit and the Birdhill exit, County Tipperary in each of the years 2016 to 2020 and up to 1 May 2021, in tabular form. [23791/21]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities on the information requested by the Deputy. Unfortunately, this report was not available in time and I will write to the Deputy once the report is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question number 625 of 11 May 2021 where you asked the number of reported traffic accidents on the M7 motorway between the Moneygall exit and the Birdhill exit, County Tipperary, in each of the years 2016 to 2020 and up to 1 May 2021, in tabular form.
You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the requested information was available.
I have been advised by the Garda Authorities that, from 01/01/2016 to 30/04/2021, inclusive, a total of 18 collisions were noted on PULSE as having been reported as occurring on the M7 motorway from the Barack Obama Plaza Exit, near Moneygall, to the exit at the Applegreen service station, near Birdhill.
All incidents with a type of Fatal, Serious or Non-Serious Injury Collision were examined. The total of 18 collisions were made up of 5 Fatal or Serious Injury Collisions and 13 Non-Serious Injury Collisions.
As the numbers of incidents are so low per year a breakdown is not provided as requested, as An Garda Síochána do not report on incident types numbering under 10 in a given timeframe/geographic locale.
The information above provided by An Garda Síochána is based upon operational data from the PULSE system as was available on 07/05/2021 and is liable to change.
I trust this information is of assistance.

An Garda Síochána

Ceisteanna (626)

Imelda Munster

Ceist:

626. Deputy Imelda Munster asked the Minister for Justice her plans for expanding the current Garda station or providing a new Garda station in east County Meath given the large increase in population of the area in recent times; and if she will make a statement on the matter. [23797/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources. I am assured however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

Further, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are therefore progressed by the Garda authorities working in close cooperation with the OPW.

The development of a new Garda Station, or the redevelopment of any of the existing Garda Stations in east Meath, will be considered in the context of the overall accommodation requirements arising from the ongoing expansion of the Garda workforce, A Policing Service for our Future – the Government’s Plan to implement the Report of the Commission on the Future of Policing in Ireland, and the implementation of the new Garda Operating Model, which will inform the accommodation priorities of An Garda Síochána over the years 2022-2030.

Insolvency Service of Ireland

Ceisteanna (627)

Bríd Smith

Ceist:

627. Deputy Bríd Smith asked the Minister for Justice the number of cases since 2015 in which a debtor has proposed a personal insolvency arrangement which has been rejected by a creditor and in which the debtor has subsequently sought a personal insolvency court review; the number of these cases in which the original proposed arrangement was imposed by the court on the creditors; and if she will make a statement on the matter. [23835/21]

Amharc ar fhreagra

Freagraí scríofa

An amendment to the personal insolvency legislation in late 2015 introduced a new mechanism for debtors whose Personal Insolvency Arrangement proposal was rejected by creditors. Such debtors could, through their personal insolvency practitioner, make an application to court under section 115A of the Personal Insolvency Acts 2012-2015 to review the decision not to approve the proposal.

The table below shows the number of such applications made in each year since the provision was introduced, and the number of cases in which an original proposed arrangement was approved by the courts.

It is important to note, however, that the number of applications approved in each of the years may not relate directly to applications made in those years, because of the time that may be required to prepare the cases owing to the varying degrees of complexity associated with creditor and debtor objections in individual cases.

Of the 2,224 applications made to date, 481 await a court decision on their outcome.

Year

115A applications

115A reviews and appeals approved

2015

10

0

2016

227

19

2017

487

47

2018

556

140

2019

432

279

2020

402

272

2021

110

62

Total

2224

819

Road Traffic Offences

Ceisteanna (628)

Catherine Murphy

Ceist:

628. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 643 of 10 February 2021, the number of drivers by District Court that were summarily convicted in 2018, 2019 and up to 31 July 2020 of the offence of driving without a driving licence and were at the time they committed the offence disqualified from holding a driver licence; and the fines and penalties imposed per year. [23848/21]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that road traffic legislation falls within the remit of my colleague, the Minister for Transport.

The Deputy will be aware that section 38 of the Road Traffic Act 1961, as amended, provides for an offence of driving without a driving licence. The penalty for this offence, upon summary conviction, is a fine not exceeding €2,000.

Furthermore, section 38(5) of the Road Traffic Act 1961, as amended, provides for an increased penalty in respect of a person who is summarily convicted of the offence of driving without a driving licence while disqualified from holding a driving licence at the time he or she committed the offence. The increased penalty provided under section 38(5) is a fine not exceeding €5,000, or imprisonment for a term not exceeding 6 months or both.

I have been advised by the Courts Service that they are unable to provide data regarding the number of drivers that were convicted of the offence of driving without a driving licence who were disqualified from holding a driving licence at the time they committed the offence.

An Garda Síochána

Ceisteanna (629)

Catherine Murphy

Ceist:

629. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 645 of 10 February 2021, the progress to date made by An Garda Síochána in updating the 2014 Roads Policing Manual to provide updated guidelines in respect of forensic collision investigations: the timeframe for the completion of the updates; and if she will make a statement on the matter. [23850/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána, including all operational matters. I, as Minister, have no direct role in these matters.

I am informed by the Garda authorities that Garda Forensic Collision Investigators provide expert analysis of collision scenes to determine the root cause of collisions.

I am further informed that the Garda Síochána Roads Policing Manual, which issued in 2014, provided updated guidelines in respect of Forensic Collision Investigations. An update of the 2014 manual is currently underway. It is not possible to provide definitive timeframes for the completion of the document at present. It is envisaged that the Roads Policing Manual will be introduced in conjunction with the roll-out of the Operational Model across the organisation. I am also advised that the roles and responsibilities of Forensic Collision Investigators will be incorporated into the forthcoming updated Roads Policing Manual.

I am assured that An Garda Síochána continually review the operational effectiveness of units and processes and this is similarly the case with Forensic Collision Investigators, where technology and practices are evolving.

An Garda Síochána

Ceisteanna (630)

Catherine Murphy

Ceist:

630. Deputy Catherine Murphy asked the Minister for Justice the number of fixed charge notices issued by An Garda Síochána in 2019, 2020 and to date in 2021, by Garda district and division to learner drivers for the offence of driving unaccompanied by a qualified driver; and if she will make a statement on the matter. [23851/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Road Traffic (Amendment) Act 2018, known as the Clancy Amendment, provides for penalties to be imposed on car owners who allow their vehicles to be used by an unaccompanied learner driver. The law provides for fines to be levied in such cases and gives Gardaí the power to seize their cars if being driven by unaccompanied learner drivers.

The Garda authorities have provided me with the below table which has an annual breakdown by Garda division of the number of instances in which a learner driver was issued with a fixed charge notice for the offence of driving unaccompanied by a qualified driver.

I am advised by An Garda Síochána that given the large number of districts, it is not possible to provide a breakdown of the relevant fixed charge notices issued to district level.

Garda Division

2019

2020

2021*

Cavan/Monaghan

144

108

32

Clare

66

47

20

Cork City

103

154

47

Cork North

89

77

47

Cork West

94

67

17

D.M.R. Eastern

94

62

31

D.M.R. North Central

131

138

29

D.M.R. Northern

236

230

141

D.M.R. South Central

98

159

72

D.M.R. Southern

306

282

104

D.M.R. Western

473

562

279

Donegal

46

51

20

Galway

106

140

52

Kerry

68

47

20

Kildare

263

343

176

Kilkenny/Carlow

131

143

63

Laois/Offaly

166

204

77

Limerick

279

203

46

Louth

84

91

22

Mayo

47

43

18

Meath

55

126

53

Roscommon/Longford

83

133

51

Sligo/Leitrim

19

19

-

Tipperary

121

152

72

Waterford

103

206

75

Westmeath

41

53

29

Wexford

187

179

68

Wicklow

212

207

85

* Figures for 2021 up to 30/04/2021.

- Figures less than 10.

For the Deputy's information the figures in the above table are based on incidents which occurred from 1 January 2019 to 30 April 2021, inclusive. All information contained in the above table is based upon operational data from the Fixed Charge Processing System as was available on 4 May 2021 and is liable to change.

The following revised reply was received on 26 May 2021.

Breakdown by division of the number of instances in which a party was issued with a Fixed Charge Notice for the offence of driving unaccompanied by a qualified driver

Division

2019

2020

2021*

Cavan/Monaghan

220

152

39

Clare

99

64

29

Cork City

213

286

114

Cork North

225

264

128

Cork West

169

133

33

D.M.R. Eastern

107

103

44

D.M.R. North Central

220

196

54

D.M.R. Northern

353

377

188

D.M.R. South Central

164

276

125

D.M.R. Southern

489

454

141

D.M.R. Western

714

835

396

Donegal

105

86

40

Galway

208

220

82

Kerry

140

105

32

Kildare

376

499

212

Kilkenny/Carlow

168

230

97

Laois/Offaly

236

357

158

Limerick

364

244

67

Louth

127

152

39

Mayo

76

85

31

Meath

82

194

112

Roscommon/Longford

110

176

55

Sligo/Leitrim

47

36

17

Tipperary

166

226

97

Waterford

185

335

118

Westmeath

105

112

56

Wexford

396

448

136

Wicklow

284

239

111

* Figures for 2021 up to 30/04/2021.

Additional Information

Figures are based on incidents which occurred from 01/01/2019 to 30/04/2021, inclusive. All information contained in this report is based upon operational data from the FCPS system as was available on 04/05/2021 and is liable to change.

Departmental Data

Ceisteanna (631)

Catherine Murphy

Ceist:

631. Deputy Catherine Murphy asked the Minister for Justice the number of vehicles seized by An Garda Síochána in 2019, 2020 and to date in 2021, by Garda district and division to learner drivers for the offence of driving unaccompanied by a qualified driver; and if she will make a statement on the matter. [23852/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Road Traffic (Amendment) Act 2018, known as the Clancy Amendment, provides for penalties to be imposed on car owners who allow their vehicles to be used by an unaccompanied learner driver. The law provides for fines to be levied in such cases and gives Gardaí the power to seize their cars if being driven by unaccompanied drivers.

The Garda authorities have provided me with the below table, which has an annual breakdown by Garda division of the number of instances in which a vehicle was seized under Road Traffic legislation in circumstances of the vehicle being driven by a learner driver unaccompanied by a qualified driver.

I am advised by An Garda Síochána that given the large number of Garda districts, it is not possible to provide a breakdown to district level.

Garda Division

2019

2020

2021*

Cavan/Monaghan

115

70

30

Clare

16

19

-

Cork City

61

149

72

Cork North

62

72

58

Cork West

79

47

13

D.M.R. Eastern

66

81

49

D.M.R. North Central

108

132

42

D.M.R. Northern

167

181

103

D.M.R. South Central

104

187

91

D.M.R. Southern

264

315

127

D.M.R. Western

380

502

225

Donegal

76

72

43

Galway

45

56

16

Kerry

62

64

17

Kildare

211

361

169

Kilkenny/Carlow

49

79

27

Laois/Offaly

56

109

66

Limerick

153

110

63

Louth

47

95

30

Mayo

25

13

10

Meath

35

86

45

Roscommon/Longford

34

65

21

Sligo/Leitrim

19

22

13

Tipperary

58

100

47

Waterford

41

121

43

Westmeath

34

24

-

Wexford

56

125

47

Wicklow

86

100

58

* Figures for 2021 up to 30/04/2021

- Figures less than 10.

For the Deputy's information, the figures in the above table are based on incidents which occurred from 1 January 2019 to 30 April 2021, inclusive. All information contained in the above table is based upon operational data from the Pulse system as was available on 4 May 2021 and is liable to change.

Departmental Data

Ceisteanna (632)

Peadar Tóibín

Ceist:

632. Deputy Peadar Tóibín asked the Minister for Justice the number of prosecutions for criminal offences at banks or financial service institutions in each of the years 2010 to 2020. [23976/21]

Amharc ar fhreagra

Freagraí scríofa

It is not clear from the Deputy's question the prosecutions or specific offences he is referring to.

However, as the Deputy is aware, the decision about whether or not to prosecute a person, and for what crime, is entirely a matter for the Director of Public Prosecutions and I, as Minister, have no role in such matters.

Departmental Data

Ceisteanna (633)

Peadar Tóibín

Ceist:

633. Deputy Peadar Tóibín asked the Minister for Justice the number of prosecutions for offences at or involving illegal puppy farms and or illegal dog breeding establishments in each year from 2010 to 2020. [23978/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the decision about whether or not to prosecute a person, and for what crime, is entirely a matter for the Director of Public Prosecutions and I, as Minister, have no role in such matters.

As the Deputy will appreciate, matters relating to animal welfare are not under my remit as Minister for Justice. I understand that the Animal Health and Welfare Act 2013, which is within the responsibility of my colleague the Minister for Agriculture, Food and the Marine, provides a modern and robust framework for dealing with issues relating to animal welfare. I further understand that Local Authorities are responsible under the Act for inspection of the breeding facilities referred to by the Deputy.

I have been advised by An Garda Síochána that there is no specific incident type from which cruelty to animals or offences relating to puppy farms can be isolated on PULSE. In addition, there is no mention of the Animal Health and Welfare Act 2013 (which contains the offence relating to puppy farms which came into effect on 1 February 2020) on the legislative act table on PULSE and hence there are no offence codes on PULSE that are linked to that Act. There is a broader incident type of ‘Offences against Animals’ which includes cruelty to animals amongst numerous others, and figures relating to those offences were provided to the Deputy in the answer to Parliamentary Question No. 691 of 13 January 2021.

I have been further advised by the Courts Service that these offences do not have dedicated codes in place on the Courts Service Case Management System, but rather are processed by way of free text which is a format used by prosecutors for all offences with no dedicated code.

Departmental Data

Ceisteanna (634)

Peadar Tóibín

Ceist:

634. Deputy Peadar Tóibín asked the Minister for Justice the number of fines which have been issued for breaches of Covid-19 regulations in each month since the start of the pandemic; the nature of the fines; the value of the fines; and the nature of the breaches which resulted in these fines. [23979/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, An Garda Síochána is responsible for policing the public health regulations made under the Health Act 1947.

An Garda Síochána continue to use the 'Four E's' approach in line with their strong tradition of community policing and policing by consent. This sees Garda members engage with, encourage and educate members of the public on public health advice and regulations, with enforcement used only as a last resort.

The Health (Amendment) Act 2020, which amended the Health Act 1947, was signed into law by the President on 25 October 2020. Regulations providing for a new system of fines under the Act were subsequently signed by the Minister for Health on 21 November 2020. The Act allows for a system of fixed charge notices for those found in breach of certain COVID-19 regulations which have also been designated as penal provisions. It also allows for a speedier system of fines, without the requirement for the person to be brought before the Courts and prosecuted. A person has 28 days to pay the fine after it is issued.

I am informed by the Garda authorities that the table below shows the number of fines issued by month up 6 May 2021.

Table

* Fines incurred up to 11 April 2021

**Recorded up to 6 May 2021

*** ‘Movement of Persons (€100)’ relates to the offence of non-essential travel beyond your county/20km limit which came into effect on 12 April 2021.

For the Deputy's information, weekly updates in relation to the total number of COVID-19 related fines and the numbers in each Garda division are published every Friday on the Garda website. These statistics can be accessed at:

https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/coronavirus-covid-19-.html

Departmental Data

Ceisteanna (635)

Peadar Tóibín

Ceist:

635. Deputy Peadar Tóibín asked the Minister for Justice the number of persons that were arrested since the start of the Covid-19 pandemic for breaching lockdown regulations by county. [23980/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, An Garda Síochána is responsible for policing the public health regulations made under the Health Act 1947.

An Garda Síochána continue to use the 'Four E's' approach in line with their strong tradition of community policing and policing by consent. This sees Garda members engage with, encourage and educate members of the public on public health advice and regulations, with enforcement used only as a last resort.

The Garda authorities have advised that persons who are found to be in breach of the regulations may not necessarily be arrested. In some cases, they may be charged directly or summonsed following direction from the Director of Public Prosecutions (DPP), where appropriate.

I am informed by the Garda authorities that as of 10 April (the latest date for which information is available) there have been a total of 65 COVID-19 related incidents in which at least one arrest occurred, where the reason for the arrest is due to a breach of the regulations. The Deputy should note that more than one person may be arrested in a single incident.

The table below provides the breakdown by Garda Region:

Region

No. of COVID incidents with at least one COVID related arrest

Dublin Metropolitan Region

22

Eastern Region

13

North Western Region

15

Southern Region

15

Total (National)

65

Due to the substantial checking and reviews undertaken on these incidents prior to publication, there is a slight reporting time lag.

For the Deputy's information, updates are published on the Garda website at the below link when available (currently approximately every four weeks). The earliest of these incidents occurred on 8 April 2020, when the first regulations came into effect. The most recent figures available cover incidents which occurred up to 10 April 2021.

https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/coronavirus-covid-19-.html

Departmental Data

Ceisteanna (636)

Peadar Tóibín

Ceist:

636. Deputy Peadar Tóibín asked the Minister for Justice the number of speed camera vans operational nationwide by county. [23987/21]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities on the matters raised by the Deputy, and I will communicate directly with him when the information sought is to hand. The Deputy may wish to note that the locations of the safety camera zones are available at https://www.garda.ie/en/roads-policing/safety-camera-locations/

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question number 636 of 11 May 2021 where you asked for the number of speed camera vans operational nationwide by county.
You will recall that some of the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the requested information was available.
As you are aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, which includes operational decisions relating to road traffic matters.
I am advised by the Garda authorities that Speed vans are currently operated by the service provider GoSafe under the direction of An Garda Síochána.
I am further advised that placement of vans is not done on a county by county basis but rather the company is contracted to provide 7,500 hours of monitoring and surveying per month across 1322 speed zones countrywide.
The designation of specific sections of road as speed enforcement zones is based on an analysis of collision data. Following the selection of a speed enforcement zone the outsourced safety camera operator, GoSafe, liaises with local members of An Garda Síochána in order to identify suitable sites to operate from.
Speed enforcement zones are continually reviewed to ensure enforcement activity is targeted and prioritised at the locations where collisions are occurring, with some zones being removed.
I trust this information is of assistance.
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