Written Answers Nos. 345-364
345. Deputy Mairéad Farrell asked the Minister for Justice her views regarding the longstanding issues related to the timeliness and accuracy of reporting of An Garda Síochána crime statistics data and the steps she has taken to improve the integrity of published crime statistics data that is provided to bodies such as the Central Statistics Office, the Policing Authority, the Oireachtas Justice Committee and other Government agencies. [35530/21]
Amharc ar fhreagraI can inform the Deputy that An Garda Síochána is working to improve data quality, specifically with regards to the PULSE system. The primary work to improve data is with An Garda Síochána, with the Central Statistics Office (CSO) undertaking reviews to see if it meets standards for national statistics.
As the Deputy may be aware, the CSO undertook a review of the quality of recorded crime statistics in 2017, which was published in December 2018, and can be found on the CSO website. This report noted the level of progress An Garda Síochána was making, which in turn led to improvements in key areas.
Such areas included a marked reduction in the non-recording of reported crime incidents on PULSE, a reduction in misclassification errors, improvements made in incidents being recorded in a more timely manner and improvements in recording of criminal incidents subsequently marked invalid. The report did also recognise that there was still some further work to do. An Garda Síochána have also undertaken work to improve the recording of data, for example around detection status.
The Deputy may wish to note that there is a further CSO review of recorded crime statistics due to be published in the near future. My Department will be in a stronger position to properly assess any further progress that has been made at that time.
In early 2018, the CSO made the decision that recorded crime statistics will be published in a new category entitled “Under Reservation”. The CSO have noted that this classification is in keeping with other jurisdictions and other statistical domains. This indicates that, while the quality does not yet meet the higher standard required of official statistics by the CSO, the statistics have been determined to be of sufficient national interest and of sufficient quality to allow publication. The decision as to when the reservation can be lifted will be taken by the Director General of the CSO in accordance with Section 13 of the Statistics Act 1993. The Director General has sole responsibility and complete independence for all statistical decisions under the Act.
I can also inform the Deputy that there is a new CSO and Department of Justice liaison group. The quality of PULSE data is one of the issues that is addressed by this group.
346. Deputy Colm Burke asked the Minister for Justice if the implementation of the Harassment, Harmful Communications and Related Offences Act 2020 has made an impact on the issue of online bullying; and if she will make a statement on the matter. [35585/21]
Amharc ar fhreagraThe Deputy may be aware that 'Coco's Law', also referred to as the Harassment, Harmful Communications and Related Offences Act, entered into force on 10 February 2021. Among other provisions, it creates new offences of sending, or threatening to send, intimate images without the consent of the person whose image it is.
The Deputy will appreciate that as the Act is only in force since February, it would be difficult to identify the impact of the legislation in such a short time frame.
Under Dáil standing orders, a post-enactment report reviewing the functioning of the new legislation will be carried out after one year. A Committee Stage amendment was also accepted in the Dáil which requires a review to be carried out within three years of the passing of the legislation (Section 12 of the 2020 Act).
It will be of interest to the Deputy to know that when signing the commencement order for “Coco’s Law” it was announced that an agreement had been reached between my Department, the National Anti-Bullying Research and Resource Centre at DCU and the Department of Education to establish a ‘Research Observatory on Cyberbullying’ focused on providing up-to-date research, advice and resources related to cyberbullying, cyberhate, and online harassment, and the implementation of Coco’s Law. Funding for the Observatory is being provided by the Department of Justice in memory of Nicole (Coco) Fox.
Funding was also announced for Webwise to update their popular ‘Lockers’ programme, which is an important Junior Cycle resource to include information about Coco’s Law and non-consensual sharing of intimate images.
My Department is currently developing a wider awareness campaign on Coco’s Law and the penalties applicable if someone is convicted of sharing intimate images without consent and to draw attention to the harm caused to the victim whose intimate image is shared. We intend to communicate our message in a way that will build on our existing ‘No Excuses’ campaign and its key message of not excusing any form of sexual harassment or sexual violence.
347. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 365 of 24 June 2021, the number of category A complaints from the Dóchas centre over the past three years to date which were not sustained due to no reasonable grounds in accordance with section 57B (10) (b) of the Prison Rules 2007; the number of category A complaints from the Dóchas centre over the past three years to date where it was not possible to make a determination; and if she will make a statement on the matter. [35586/21]
Amharc ar fhreagra348. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 365 of 24 June 2021, the number of category A complaints received from prisoners within the Dóchas centre over the past three years to date which were deemed vexatious, without foundation or falling outside the scope for investigation in accordance with section 57B(5)(b) of the Prison Rules 2007; and if she will make a statement on the matter. [35587/21]
Amharc ar fhreagraI propose to take Questions Nos. 347 and 348 together.
The information requested by the Deputy is set out in the table below.
|
Dochas Category A Complaints |
Total Complaints |
Not sustained due to no reasonable grounds |
Not possible to make a determination |
Outside the scope for investigation |
Vexatious |
Without foundation |
|
2018 |
5 |
1 |
2 |
0 |
0 |
0 |
|
2019 |
8 |
1 |
0 |
0 |
0 |
0 |
|
2020 |
8 |
2 |
1 |
1 |
0 |
0 |
|
2021 |
1 |
0 |
0 |
0 |
0 |
0 |
I understand that a final decision will be made on two outstanding complaints from 2018 in the near future.
Two complaints from 2019 are still under investigation, as the onset of the COVID pandemic prevented Complaint Investigators from entering the prisons.
I am also informed that the complaint for 2021 is still undergoing an investigation process.
The Deputy may wish to be aware that work is continuing on the completion of the necessary actions to introduce the new Prisoner Complaints System. This includes the drafting of the Statutory Instrument and the roll out of necessary training for Irish Prison Service staff. While there is currently no mechanism in place to appeal an outcome of a complaint, this facility will be available for prisoners in the new complaints process.
349. Deputy Colm Burke asked the Minister for Justice if she can provide detailed information in respect of the treatment of prisoners within the clinic setting in the prison for dealing with hepatitis C and infectious diseases; and if she will make a statement on the matter. [35594/21]
Amharc ar fhreagra350. Deputy Colm Burke asked the Minister for Justice if her Department will work with the Department of Health, the HSE and the Irish Prison Service to put in place a comprehensive programme within each prison for the treatment of prisoners who have hepatitis C or any other infectious disease; and if she will make a statement on the matter. [35595/21]
Amharc ar fhreagraI propose to take Questions Nos. 349 and 350 together.
All prisoners committed to prison are subject to a comprehensive medical assessment by the Prison Healthcare Team and Hepatitis C screening is offered to all new prisoners as part of this assessment. Prisoners can also request Hepatitis C screening through their local Prison Healthcare Team at any stage of their time in custody. All prisoners who are actively engaged with addiction services are routinely screened as per the advice of the Addiction Counsellor/Clinical Addiction Team.
The information received as part of this process is recorded on the prisoner’s individual medical record on the Prison Healthcare Management System and provides prison healthcare management with significant medical information on the prisoners in their care and allows for the development of an individual healthcare plan for the prisoner while in custody. Medical treatment is provided, if clinically indicated, including treatment for Hepatitis C. At present, this treatment is available to those who are identified as requiring it and is arranged by Prison Healthcare Staff supported by specialist colleagues from the Acute Hospital Sector.
While medical information, including details of the results of Hepatitis C screening, is held on the individual prisoner record, the system does not allow for centralised reporting of a particular medical condition. Steps are being taken to review how this data is compiled and the aim of the Prison Service is to have this completed by the end of 2022.
In 2017, the Irish Prison Service partnered with an EU project (HepCare Europe) to enhance screening for populations at risk of Hepatitis C infection, and specifically implemented an enhanced Hepatitis C screening programme at Mountjoy Prison in collaboration with the Mater Hospital. The initiative aimed to improve access to, and effectiveness of, Hepatitis C treatment and to support patients through treatment. The programme consisted of an initial nurse-led screening programme. A total of 422 (78% of the study population) participated in the study.
This study reported that approximately one in five prisoners had evidence of a previous infection and that the main risk for Hepatitis C infection was intra-venous drug use. Once detected, patients with Hepatitis C infection were offered treatment with new direct-acting antivirals as this can reduce their viral load dramatically as well as the risk of secondary infections, extent of liver damage and the need for liver transplantation.
The reporting of Hepatitis C infection in prisoners in this way allows for the estimation of the true levels of active Hepatitis C infection, the monitoring of treatment outcomes and rates of re-infection. Identifying risk factors for Hepatitis C infection allows for targeted prevention, screening and treatment strategies. Combined they allow for the informed planning and implementation of national and international Hepatitis C strategies.
The Prison Service is continuing its engagement with the HSE and developing plans for the implementation of a GP led community model of care for the screening and management of Hepatitis C across the prison estate, in line with the National Hepatitis C Strategy.
352. Deputy Holly Cairns asked the Minister for Justice if her plans to reform the family law court system can ensure that in future family law cases are held in local courts to facilitate the families concerned; and if she will make a statement on the matter. [35707/21]
Amharc ar fhreagra353. Deputy Holly Cairns asked the Minister for Justice if she will work with family and victim support organisations to provide an alternative to the planned system of regional family courts; and if she will make a statement on the matter. [35708/21]
Amharc ar fhreagraI propose to take Questions Nos. 352 and 353 together.
Family law reform is a major element of the Justice Plan 2021. The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a faster and less adversarial resolution of disputes in specialised centres.
In September 2020, the Government approved the drafting of a Family Court Bill along the lines of the General Scheme, which has been published. In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019. The General Scheme has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.
Also in September 2020, the Family Justice Oversight Group was established by my Department. This group will agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the forthcoming Family Court Bill.
As part of its work, the Group is currently engaged in a consultation process where relevant stakeholders, the public, children and young people who engage with the family justice system will have an opportunity to give their views on how a modernised family justice system should look. Many family and victim support organisations have been part of this process and have helped to inform the Group’s work. The forthcoming strategy will also be informed by the extensive changes to court practices driven by the need to deliver court services, in particular family justice, during the pandemic, including the better scheduling of hearings and the ability for parties to participate remotely.
The overall aim of the programme of modernisation is to change the culture so that the focus of the family justice system is to meet the complex needs of people who need help with family justice issues in a person centred way.
The Deputy should also note that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of individual court cases and the allocation of court business are entirely matters for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.
354. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which harassment on or offline whereby business persons are targeted by way of malice have been reported to An Garda Síochána by county nationwide; the action taken or proposed; and if she will make a statement on the matter. [35750/21]
Amharc ar fhreagraI am advised by the Garda Authorities that despite extensive checks conducted on PULSE, no incident type of relevance to the specific type of behaviour referred to by the Deputy, which appears to equate more to defamation rather then harassment, were found.
Checks were conducted on all charge wordings and there are none which contain reference to defamation which may be a civil matter.
In addition, it is not possible to distinguish between injured parties on the basis of such generic descriptions as ‘business persons’. It would be a matter for the courts to determine if such claims were unsubstantiated or not.
I am informed that, given the above, An Garda Síochána are unable to provide material for a response to the Deputy's question as it stands.
Details of all harassment incidents recorded from 2003 to the end of Q1 2021 are publicly available via the CSO website.
I can advise the Deputy that all matters reported to An Garda Síochána are fully investigated. If someone believes that a crime has been committed they should engage directly with their local/nearest Garda station. Gardaí will be best placed to advise how to proceed in these circumstances, and also address any safety concerns they might have.
Alternatively, they can contact An Garda Síochána by using the Garda Confidential Line (Tel: 1800 666 111) which provides a ready means of reporting crimes anonymously to An Garda Síochána.
The Deputy may be aware that there is legislation in place to combat harassment. 'Coco's Law', also referred to as the Harassment, Harmful Communications and Related Offences Act, entered into force on 10 February 2021.
In addition to creating new offences to address the sending of, or threatening to send, intimate images without the consent, the Act also updated the existing harassment legislation. It broadened the scope of the offence of harassment which now covers all forms of persistent communications about a person and has increased the penalty from seven to 10 years to reflect the harm that can be caused by the most serious forms of harassment.
The Act also provides for a new offence of sending, distributing or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim. This offence covers once-off harmful communications, as distinct from harassment which requires persistence. This offence carries a maximum penalty of an unlimited fine and/or 2 years’ imprisonment.
The new legislation is intentionally silent about the types of technology that may be used to commit the offences so as to cover all forms of online and offline communications that cause harm to a victim.
Again I would urge anyone who believes they have been the victim of a criminal offence to report the matter to the Gardaí.
355. Deputy Éamon Ó Cuív asked the Minister for Justice when she plans to publish the three-day monitoring report on operations in the Dóchas centre submitted to her office in August 2020; and if she will make a statement on the matter. [35758/21]
Amharc ar fhreagra356. Deputy Éamon Ó Cuív asked the Minister for Justice the status of the investigation report under section 31(2) of the Prisons Act 2007 that was due to be submitted to her by the Office of the Prison Inspectorate in December 2020; if she has received this report yet; if so, when it will be published; and if she will make a statement on the matter. [35759/21]
Amharc ar fhreagraI propose to take Questions Nos. 355 and 356 together.
As the Deputy will be aware, the Office of the Inspector of Prisons is a statutory body, independent in its work, set up under the Prisons Act 2007.
The section 31(2) report referred to by the Deputy has not yet been furnished to me by the Inspector of Prisons. However, the Inspector continues to engage with my officials regarding the progress made on the finalisation of the report and work is ongoing in that regard.
Publication of the monitoring report referred to, which has been received by my Department, is held pending completion of the section 31(2) report.
357. Deputy Éamon Ó Cuív asked the Minister for Justice the number of Covid-19 thematic reports received by her office from the Inspector of Prisons; the date she received them; if she intends plans to publish them; if so, when; and if she will make a statement on the matter. [35760/21]
Amharc ar fhreagraAs the Deputy will be aware, the Office of the Inspector of Prisons is a statutory body, independent in its work, set up under the Prisons Act 2007.
The Inspector's key role is to carry out regular inspections of prisons. The Office is required to inspect the twelve prisons in Ireland to examine the treatment and conditions of prisoners and staff.
In response to the COVID-19 pandemic, and the need to monitor the situation within prisons for prisoners and staff, the Inspector has suspended her 2021 general inspection programme and has instead embarked on a COVID-19 focused inspection schedule, designed to provide a human rights-based assessment of the response of the Irish Prison Service to the pandemic.
I can confirm that to date I have received a copy of the COVID-19 thematic reports from Mountjoy, Cloverhill, Limerick and Wheatfield Prisons which I plan to bring to the attention of Government and publish in the coming weeks.
Copies of the thematic reports in respect of the other prisons across the estate will also be published in due course following their receipt.
358. Deputy Éamon Ó Cuív asked the Minister for Justice when she plans to publish the criminal justice (mutual recognition of custodial sentences) Bill which is on the priority legislation list for publishing this term; if this Bill will facilitate the transfer of prisoners to and from the UK as well as to and from the EU; and if she will make a statement on the matter. [35762/21]
Amharc ar fhreagraAs the Deputy will be aware, Council Framework Decision 2008/909/JHA of 27 November 2008 relates to the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. Legislation to transpose Framework Decision 2008/909/JHA is being progressed and is on the most recent Government Legislative Programme Priority List for publication.
The Deputy will wish to be aware that the Joint Oireachtas Committee on Justice has notified me that Pre-Legislative Scrutiny was completed on the Bill on 29 June. It is my intention to bring the Bill to Government for approval before the summer recess and once approved I will publish it.
Ireland currently operates the 1983 Council of Europe Convention (as amended), which provides that individuals convicted of an offence in another Convention state, and for which they have received a custodial sentence, may be transferred to the state in which they are normally resident to serve that sentence. The 1983 convention is provided for by the Transfer of Sentenced Persons Act 1995, under which the consent of the sentenced person is required before a transfer can take place.
The Framework Decision extends the circumstances in which a person may be transferred back to their resident EU Member State to serve a custodial sentence imposed in another EU Member State. Under the Framework Decision the consent of the sentenced person and the executing state will not be required under specific circumstances, including where the transfer is to their Member State of nationality where they lived prior to detention. When transposed this will be a separate mechanism to that which currently exists under the Transfer of Sentenced Persons Convention and will replace those arrangements for transferring sentenced persons between EU Member States.
The Deputy will be aware that significant issues have arisen in respect of inward prisoner transfers, most notably from the United Kingdom. While the Bill [in respect of the Framework Decision] will address these issues for EU transfers, it does not, as it stands, alter the position for other Convention states.
After Brexit, UK transfers do not fall under the Framework Decision and will continue to take place under the Convention and existing 1995 Act. Work is continuing on amendments to the Convention regime, and it is the intention to seek Government approval to progress these necessary changes by way of amendments to the current Bill.
359. Deputy Violet-Anne Wynne asked the Minister for Health if his attention has been drawn to the fact that the University Maternity Hospital Limerick went against a risk assessment carried out by its internal occupational health department which recommended that high-risk pregnant health-care practitioners should not come into contact with Covid-19 suspected patients and therefore are to work from home however to date employees are still expected to work on premises; and if he will make a statement on the matter. [28416/21]
Amharc ar fhreagraAs this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.
360. Deputy Violet-Anne Wynne asked the Minister for Health the way the deliberate dismissal of recommendation (details supplied) has affected maternity restrictions in terms of birth partner presence; his views on whether having high-risk pregnant health-care workers in maternity hospitals is ill-advised and negatively impacting the lifting of restrictions to allow increased birth partner presence in cases in which the absence of a Covid-19 test, partners fall into the suspected Covid positive patients'; and if he will make a statement on the matter. [28417/21]
Amharc ar fhreagraAs this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.
361. Deputy Violet-Anne Wynne asked the Minister for Health if pregnant healthcare workers and high-risk pregnant healthcare workers are being prioritised for Covid-19 vaccinations according to the current priority ordering. [28418/21]
Amharc ar fhreagraThe COVID-19 Vaccine Allocation Strategy sets out a provisional list of groups for vaccination. The Strategy was developed by the National Immunisation Advisory Committee (NIAC) and my Department, endorsed by the National Public Health Emergency Team (NPHET), and approved by Government on 8 December 2020.
On the 23rd of February, I announced an update to Ireland’s COVID-19 Vaccine Allocation Strategy. In comprising the initial Vaccine Allocation Strategy, the NIAC listed several conditions associated with increased risk of severe disease and death. In the intervening period, national and international evidence has become available which has enabled a more detailed analysis of underlying conditions that may increase the risk of developing severe disease or death.
The NIAC has now been able to more comprehensively identify those medical conditions and to distinguish between those which place a person at very high or high risk of severe disease if they contract the virus. Medical conditions and the magnitude of the risk they pose will continue to be monitored and periodically reviewed.
On the 30th of March, the Government approved a further update to the COVID-19 Vaccination Allocation Strategy. Based on clinical, scientific and ethical frameworks produced by the National Immunisation Advisory Committee and my Department , following the vaccination of those most at risk, future groups will be vaccinated by age, in cohorts of 10 years (i.e., 64-55; 54-45, etc.).
The move to an age-based model better supports the programme objectives by:
- protecting those at highest risk of severe disease first, which benefits everyone most;
- facilitating planning and execution of the programme across the entire country;
- improving transparency and fairness.
Further details are available here: www.gov.ie/en/press-release/93f8f-minister-donnelly-announces-update-to-irelands-vaccination-prioritisation-list/
The National Immunisation Advisory Committee recommends that pregnant women should be offered mRNA COVID-19 vaccination between 14 and 36 weeks gestation following an individual benefit/risk discussion with their obstetric caregiver.
362. Deputy Denis Naughten asked the Minister for Health if he will designate fibromyalgia as a rare disease; and if he will make a statement on the matter. [28419/21]
Amharc ar fhreagraA ‘rare disease’ is defined in Europe as a life-threatening or chronically debilitating disease affecting no more than 5 people per 10,000. There are an estimated 6-8,000 known rare diseases affecting up to 6% of the total EU population, (at least 30 million Europeans), and perhaps up to 300,000 Irish people during their lives.
Fibromyalgia is a disorder characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory and mood issues. Fibromyalgia is a common illness. It is more common than Rheumatoid Arthritis. People with mild to moderate cases of fibromyalgia are usually able to live life as normal.
It is estimated that fibromyalgia affects nearly 1 in 20 people across the globe. Anyone can develop fibromyalgia, although the condition affects more women than men. In most cases, fibromyalgia occurs between 30 and 60 years of age, but it can develop in people of any age, including children and the elderly. Fibromyalgia does not meet the criteria above for a rare disease and is not classified as one.
363. Deputy Carol Nolan asked the Minister for Health the number of unborn children known to have been adversely impacted through the prescription of sodium valproate; and if he will make a statement on the matter. [28420/21]
Amharc ar fhreagraAs this Parliamentary Question relates to an operational issue of genetic testing, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems.The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.
364. Deputy Christopher O'Sullivan asked the Minister for Health when respite homes will be able to reopen; and if he will make a statement on the matter. [28421/21]
Amharc ar fhreagraThe Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives.
In Budget 2021, I committed to provide funding to the HSE to develop nine additional respite services across the country. In February, I was delighted to announce St Gabriel’s Children’s Respite Service, in Limerick, as the first of these services.
€5m funding has been provided to the HSE to develop and open the additional 9 dedicated centre-based respite services across all Community Healthcare Areas this year. I am engaging with the HSE on this matter on an ongoing basis and have requested the HSE to give the utmost priority to putting these new facilities and services in place without delay. The aim is to provide me with regular reports so I can ensure this additional funding is directly targeted at the people who need it most.
As this is a service matter, I have asked the HSE to respond to the Deputy directly, as soon as possible.
