Cian O'Callaghan
Ceist:492. Deputy Cian O'Callaghan asked the Minister for Justice his plans to legislate to make stalking a crime; and if she will make a statement on the matter. [32907/21]
Amharc ar fhreagraWritten Answers Nos. 491-510
492. Deputy Cian O'Callaghan asked the Minister for Justice his plans to legislate to make stalking a crime; and if she will make a statement on the matter. [32907/21]
Amharc ar fhreagraThe creation of a distinct offence of stalking was carefully examined by my Department in the context of the Harassment, Harmful Communications and Related Offences Act 2020.
Following consultations with various stakeholders, and an in-depth examination of the current offence of harassment, it was clear that stalking behaviour is already encompassed in the current offence of harassment under section 10 of the Non-Fatal Offences Against the Person Act 1997.
The definition of harassment in the Non-Fatal Offences Against the Person Act 1997 includes harassing another person by persistently following, watching, pestering, besetting or communicating with them. This covers a range of behaviours from the lower end of what is considered harassing behaviour right up to the more serious cases of stalking where a person shows up at the victim’s home, work or anywhere else the victim happens to be, causing them alarm or distress.
In lieu of introducing a distinct offence of stalking, the 1997 Act was strengthened substantially to increase the maximum penalty for harassment to 10 years’ imprisonment, which reflects the harm caused by those who engage in the most serious forms of harassment.
This is as high as, and in a number of cases higher than, the penalties available in other jurisdictions looked at, including jurisdictions that have a distinct offence of stalking.
493. Deputy Pa Daly asked the Minister for Justice the number of public order arrests in May 2018, 2019, 2020 and 2021, in tabular form. [32924/21]
Amharc ar fhreagraI am informed by the Garda authorities that Gardaí deploy a wide range of operational measures aimed at tackling public-order offences and anti-social behaviour in all contexts. The legal framework which assists the Gardaí in tackling this type of crime includes provisions under the Criminal Damage Act 1991; the Criminal Justice (Public Order) Act 1994; the Criminal Justice (Public Order) Act 2003; and the Intoxicating Liquor Acts 2003 and 2008.
The Garda authorities have provided me with the table below which outlines the number of public order arrests during May of each year requested, as recorded on the PULSE system as at 17 June 2021:
Year |
2018 |
2019 |
2020 |
2021 |
Number of arrests |
1,919 |
1,996 |
2,094 |
1,663 |
494. Deputy Jim O'Callaghan asked the Minister for Justice if steps can be taken to facilitate the regularisation of Brazilian persons resident in Ireland for many years who have sought Irish citizenship. [32948/21]
Amharc ar fhreagraProposals for the draft scheme to regularise undocumented migrants are being developed in line with the Programme for Government commitment to bring forward a regularisation scheme within 18 months of the formation of the Government, to create new pathways for long-term undocumented people and their dependents, meeting specified criteria and bearing in mind Ireland's European Union (EU) and Common Travel Area (CTA) commitments.
When the consultation phase with civil society organisations and stakeholders on the proposed approach to the scheme is completed, my Department will work to finalise the details, including the criteria for the scheme, in line with that commitment.
Eligibility for this regularisation scheme will be determined by specific criteria, and is guided by research, including the learning from previous regularisation schemes, such as the 2018 Student Scheme. Those operated by other EU Member States are also being considered in its development.
As outlined in the Justice Plan 2021, we will launch the scheme later this year and work is underway in my Department to give effect to this commitment, with the scheme opening to applications before the end of year.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on our website at: https://www.irishimmigration.ie/citizenship/.
496. Deputy Paul McAuliffe asked the Minister for Justice the status of a family (details supplied) which has moved from the International Protections Appeals Tribunal to her discretion; and if she will make a statement on the matter. [33059/21]
Amharc ar fhreagraFor reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for asylum or subsidiary protection has been made in the State. An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.
It is important to note that, while a decision on an application is pending at either the IPO or
the IPAT, a deportation order will not be made.
The IPO may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
The IPAT may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
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.
497. Deputy Alan Kelly asked the Minister for Justice the estimated cost of installing a minimum of two defibrillators in each Garda station that is open on a 24/7 basis. [33093/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from An Garda Síochána, unfortunately I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
498. Deputy Patrick Costello asked the Minister for Justice when the issuing of type C visas will recommence; and if she will make a statement on the matter. [33107/21]
Amharc ar fhreagraOn 1 June 2021, I announced that my Department was to recommence accepting and processing all long stay visa and preclearance applications. Furthermore, with effect from 16 June 2021, the temporary entry and transit visa restrictions for nationals of South Africa, Brazil and other South American countries that came into effect on 28 January 2021, were lifted.
It remains the position that my Department is not accepting any short stay visa applications, except for cases that fall under the Emergency/Priority criteria set out below. The suspension of short stay applications will continue to be reviewed in consultation with the relevant authorities in the coming weeks.
Any resumption of services is subject to current health and safety advice in relation to the COVID-19 pandemic. When making such decisions, the Government considers the expert public health advices of NPHET to tackle the disease. As I have said, the situation will continue to be reviewed in consultation with the relevant authorities in the coming weeks.
The Priority/Emergency visa application cases that continue to be accepted and processed at this time include the following:
- People travelling for business/employment purposes and granted an employment permit by Department of Enterprise Trade and Employment to meet an enterprise’s key business;
- 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;
- Transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting;
- Pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study;
- Join Family applications;
- Preclearance applications from De Facto Partner of an Irish National, De Facto Partner of a Critical Skills Employment Permit Holder, or of a non EEA Researcher on a Hosting Agreement and Family members looking to join a UK National in Ireland;
- Persons travelling for imperative family or business reasons;
- Persons entitled to avail of the provision of the EU Free Movement Directive;
- 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.
These measures are designed to support our public health restrictions on movement, including into and out of Ireland. The strong advice therefore is that everyone, regardless of their nationality or visa/preclearance status, or where they started from, who cannot provide proof of an essential purpose to travel to, should not travel to Ireland at this time.
499. Deputy David Cullinane asked the Minister for Justice the number of gardaí by rank attached to the Waterford divisional drugs unit as of 30 June 2020 and 14 June 2021, in tabular form; and if she will make a statement on the matter. [33119/21]
Amharc ar fhreagraAs the Deputy will be aware, Garda Commissioner is by law responsible for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no direct role in these matters. I am assured however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am informed by the Garda authorities that there are now 321 Garda personnel in Divisional Drugs Units as of 31 May 2021, assigned to tackle drug related crime on a local basis throughout the country. This represents an increase of over 4% since 30 June 2020 when there were 308 Gardaí assigned to Divisional Drugs units nationwide. These members are supported, as needed, by the Garda National Drugs and Organised Crime Bureau which has 93 Gardaí attached to it as of 31 May 2021.
The table below, which has been provided to me by the Garda authorities, sets out the number of Gardaí assigned to Waterford Divisional Drugs unit at 30 June 2020 and 31 May 2021, the latest date for which figures are available.
Drugs Unit - Waterford Division |
Garda |
Sergeant |
Total |
30 June 2020 |
12 |
1 |
13 |
31 May 2021 |
12 |
1 |
13 |
A detailed breakdown of Garda numbers is available on my Department’s website. This information is updated every month with the latest statistics provided by An Garda Síochána. Information on Garda staff, the Garda Workforce and other facts and figures are available from the following link: http://www.justice.ie/en/JELR/Pages/Garda_Workforce
500. Deputy David Cullinane asked the Minister for Justice the number of unmarked Garda public order unit vans currently in the fleet; and if she will make a statement on the matter. [33120/21]
Amharc ar fhreagraThe 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. The allocation of Garda resources is a matter for the Commissioner and his management team, in light of identified operational demands. This includes responsibility for the allocation of public order vans. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am advised by the Garda authorities that there are no unmarked vans fitted out for Public Order duty. The table below sets out the number of marked vans assigned to Public Order Units nationwide at 17 June 2021.
Region |
Marked Vans |
DMR |
17 |
Eastern |
4 |
North/West |
3 |
Southern |
5 |
Total: |
29 |
501. Deputy David Cullinane asked the Minister for Justice the number of Garda youth diversion projects in the Waterford Garda division in 2019, 2020 and to date in 2021, in tabular form; and if she will make a statement on the matter. [33121/21]
Amharc ar fhreagraAs the Deputy will be aware, Part 4 of the Children Act 2001 provides the statutory basis for the Garda Diversion Programme. The intention of the programme is to divert children and young people who have engaged in criminal or anti-social behaviour away from the criminal justice system and towards more positive life choices. Children who commit criminal offences are considered for admission to the Garda Diversion Programme. Each case is assessed individually and the Director of the Garda Diversion Programme decides if the case is suitable for inclusion.
Garda Youth Diversion Projects (GYDPs) are a fundamental support to the operation of the statutory Garda Diversion Programme and provide a vital component to enhance community policing partnerships. There are currently 105 Projects nationwide. These projects are community based multi-agency crime prevention initiatives, which are funded directly by my Department. GYDPs seek to divert young people, who are either involved or are at risk of becoming involved in criminal behaviour, away from future involvement with the criminal justice system. They are primarily targeted at 12 to 17 year old young people in communities where a specific need for the service has been identified. On average, the Garda Youth Diversion Projects engage with between 3,500 and 4,000 young people across the state in any one year.
Details of the GYDPs in the Waterford Garda Division, for the years requested, are outlined in the table below.
Community Based Organisation |
GYDP |
Location |
Waterford & South Tipperary Community Youth Service (WSTCYS) |
BALL |
Lisduggan |
WSTCYS |
DAY |
Dungarvan |
WSTCYS |
PACT |
Ferrybank |
WSTCYS |
SWAY |
Waterford |
WSTCYS |
TYRE |
Tramore |
502. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a case pursuant to section 3 of the Immigration Act 1999 (as amended) in the case of persons (details supplied); and if she will make a statement on the matter. [33159/21]
Amharc ar fhreagraIn response to separate notifications pursuant to the provisions of section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations to my Department. These representations, together with all other information and documentation on file, will be fully considered, under section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of final decisions being made.
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.
503. Deputy Pa Daly asked the Minister for Justice the breakdown of all Garda Síochána and Justice related Vote groups with headings and subheadings for 2021, in tabular form. [33269/21]
Amharc ar fhreagraI wish to advise the Deputy that the revised estimates for the Justice Vote Group were published in December 2020 and discussed in detail at the Select Committee on Justice on 30th March 2021.
The published estimates for each of the votes (Garda Vote 20), Prisons (Vote 21), Courts Service (Vote 22), Justice Vote (Vote 24), Policing Authority (Vote 41) and Data Protection Commission (Vote 44) are available on the following URL link:
https://www.gov.ie/en/collection/e20037-revised-estimates/
For ease of reference please find attached the 2021 Revised Estimates for Public Services in pdf, which includes full breakdowns of all votes in the Justice Vote Group.
504. Deputy Noel Grealish asked the Minister for Justice the State agencies, organisations or boards under the responsibility of her Department or that receive funding from her Department that have been charged interest for savings on deposit in Irish banks since negative interest rates were introduced; the amount of interest that has been charged to each State agency, organisation or board; and if she will make a statement on the matter. [33317/21]
Amharc ar fhreagraIt has not been possible to collate the information requested by the Deputy in the time allowed. I will write to the Deputy to provide this information as soon as it is available.
Year |
Negative Interest Charges (GL) |
2017 |
61,247.65 |
2018 |
172,535.47 |
2019 |
156,526.83 |
2020 |
251,158.71 |
2021 to date |
63,860.52 |
Total |
705,329.18 |
Accounts |
€ |
Admin Fines |
2.90 |
EU Grants |
129.54 |
Legal costs |
0.96 |
Total |
133.40 |
505. Deputy Thomas Gould asked the Minister for Justice the breakdown of funding available for Garda stations to install defibrillators in the Cork north central area in 2021. [33339/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from An Garda Síochána, unfortunately I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
506. Deputy Bernard J. Durkan asked the Minister for Justice the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [33357/21]
Amharc ar fhreagraMy Department has no record of having received an immigration application on behalf of the person referred to by the Deputy.
If the person is in the State without an immigration permission, they must engage with the authorities if they wish to be permitted to remain here legally. Therefore, I would encourage them to contact the Immigration Service of my Department or their local immigration office and to take all appropriate steps to regularise their status.
In order to allow for a full examination of the person's circumstances, they should write directly to Unit 2, Residence Division, Immigration Service, 13-14 Burgh Quay, Dublin 2, DO2 XK70. They should outline if they have had a previous permission to reside in the State, their current circumstances and future intentions in the State and provide any documentation they feel will support their case.
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.
507. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [33358/21]
Amharc ar fhreagraThis application for naturalisation continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
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 at 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
508. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [33376/21]
Amharc ar fhreagraThe immigration case of the person concerned was finalised on 29 October 2019. Leave to remain in the State was refused and a Deportation Order was made. That Order was served on the person concerned by registered post dated 10 January 2020, which was sent to their last notified address. This communication was copied to their legal representative on the same date.
This Deportation Order remains valid and in place and, as such, the person concerned remains legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau (GNIB). The enforcement of a Deportation Order is an operational matter for GNIB.
It is open to any person subject of a Deportation Order to make a request, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. Any such request would, however, need to be founded on some material change in the person’s circumstances which has arisen since the original decision to deport was made. Where such a request is made, the outcome of that request will be that the existing deportation order will either be 'affirmed' or 'revoked'.
I can also say that no Deportation Orders are currently being effected during the pandemic except in cases where an individual may be a threat to national security or whose presence in Ireland would be contrary to the public interest.
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.
509. Deputy Catherine Murphy asked the Minister for Justice the status of the interim report of the review of the Special Criminal Court; if she has received a copy; and the date on which she will publish the report. [33382/21]
Amharc ar fhreagraAs the Deputy is aware an expert Review Group was appointed in February of this year to undertake a review of the Offences against the State Acts. I am grateful to the members for their work to date on this important issue.
I can inform the Deputy that the Chairperson of the Group has indicated that the interim report is under preparation and will be submitted shortly.
I understand the interim report is to provide an update on progress, the methodologies being used and a timescale required for completion of the review. On receipt of the interim report, consideration will be given to its publication.
510. Deputy Colm Burke asked the Minister for Justice if there is clear access to data on the prevalence of hepatitis C amongst the prison population in Ireland; and if she will make a statement on the matter. [33393/21]
Amharc ar fhreagra511. Deputy Colm Burke asked the Minister for Justice if surveys have been carried out in any Irish prisons in the past five years in respect of hepatitis C and its prevalence amongst the prison population in Ireland; and if she will make a statement on the matter. [33394/21]
Amharc ar fhreagraI propose to take Questions Nos. 510 and 511 together.
It has not been possible to obtain the information requested by the Deputy within the timeframe permitted in respect of Parliamentary Questions 33393/21 and 33394/21. I have requested the relevant information and will provide it directly to the Deputy once it has been received.