Wednesday, 15 Sep 2021

Written Answers Nos. 542-562

An Garda Síochána

Ceisteanna (542)

Catherine Murphy

Ceist:

542. Deputy Catherine Murphy asked the Minister for Justice if a competition to fill the vacancies in a unit (details supplied) will be held before the end of 2021. [43405/21]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the deployment of Gardaí and their allocation to Garda units. As Minister for Justice, I have no direct role in these matters.

Community policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. To date, the official categorisation as a Community Garda refers to those who are exclusively assigned to building relationships with local communities and civil society, including by giving talks to schools, community groups and others. 

I am informed by the Garda authorities that approval has been granted to commence a competition to assign 3 Sergeants and 17 Garda posts within the Coolock District Community Policing Units, Dublin Metropolitan Region (DMR) North. I am advised that these posts will be filled from current divisional resources. I am informed that planning for this competition is underway but I understand that a completion date for the competition has not yet been established.

An Garda Síochána

Ceisteanna (543)

Catherine Murphy

Ceist:

543. Deputy Catherine Murphy asked the Minister for Justice the budget allocation to the Garda National Drugs and Organised Crime Bureau, Garda National Cyber Crime Bureau and Criminal Assets Bureau in 2020 and 2021, in tabular form. [43406/21]

Freagraí scríofa

Minister for Justice

I am informed by the Garda authorities that given the large number of regions, divisions and specialist units within the Garda organisation, as well as the central management of general overheads such as ICT and the Garda fleet, budgets are not allocated on a specialist unit basis. 

However, I am advised that the table below, which has been provided to me by the Garda authorities, sets out the annual spend for the Garda National Drugs and Organised Crime Bureau and the Garda National Cyber Crime Bureau in 2020 and from January to August 2021. Salary costs are included in the total expenditure figures.

Specialist Unit	2020	2021 (January- August)
Garda National Drugs & Organised Crime Bureau	€13,218,730	€8,528,244
Garda National Cyber Crime Bureau	€2,555,161	€2,130,740

As the Deputy is aware, the Criminal Asset Bureau is accounted for in the Justice Vote. I can confirm that the total budget allocation, including salary costs, for the Criminal Assets Bureau in 2020 was €9.1 million and this was increased to €9.96 million for 2021.

An Garda Síochána

Ceisteanna (544)

Catherine Murphy

Ceist:

544. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí by rank attached to the street crime unit in the Dublin metropolitan region as of 6 September 2021. [43407/21]

Freagraí scríofa

Minister for Justice

As the Deputy will appreciate, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes the deployment of members of An Garda Síochána throughout the State. As Minister, I have no role in this independent function.

I can inform the Deputy that all members of An Garda Síochána are tasked with enforcing all legislation pertaining to street crime. There is no specific designation of Street Crime Units within the organisation of An Garda Síochána. Garda units can be established locally to address specific matters relating to local crime trends and criminal activity. Such units can operate either in uniform or in plain clothes. These units include Burglary Response Units, Crime Task Force, District Detective Unit, Drugs Units and Street Crime Units.

The table below sets out the number of Gardaí assigned to street crime units in the DMR.

DIVISION	SERGEANT	GARDA
DMR NORTH	1	5
DMR SOUTH	NIL
DMR EAST	NIL
DMR WEST	1	4
DMR SOUTH CENTRAL	1	10
DMR NORTH CENTRAL	3	24
TOTAL	6	43

The Deputy may also be aware that Operation Spire and Operation Pier are concentrated within Dublin City Centre through the DMR South Central and North Central Divisions. These operations form the basis of a regional response to city centre street-level drug dealing and possession of drugs with members performing dedicated patrols in areas known to have a high concentration of such issues. Some key areas targeted are those that have a significant nightlife economy. Both operations are undertaken by uniformed and plain-clothes members on a full-time basis, with the objective to investigate, detect, prevent and prosecute criminal offences committed under the Misuse of Drugs Act.  A large proportion of these operations focuses on high-visibility and pro-active policing and engagement with the residential and business communities.

For the Deputy's further information, the table below has been provided to me by the Garda authorities and sets out the number of Gardaí assigned to the DMR at 31 August 2021.

Gardaí assigned to the DMR

Detailed information in relation to Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.

The information can be found at the following link:

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

An Garda Síochána

Ceisteanna (545)

Catherine Murphy

Ceist:

545. Deputy Catherine Murphy asked the Minister for Justice the number of new marked Garda vans that came into the fleet in 2020 and to date in 2021; and the number of vans withdrawn from the fleet during same period. [43408/21]

Freagraí scríofa

Minister for Justice

The Deputy will be aware that the Garda Commissioner is responsible under the law 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. This includes responsibility for the allocation of Garda vehicles. As Minister, I have no role in these decisions. 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 pleased to note that significant capital investment continues to be made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet during the period 2016 to 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime. The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.

The table below, furnished to me by the Garda authorities, shows the number of marked Garda vans allocated, removed, and the number of vans that are less than one year old for the years in question. 

Marked Garda Vans	2020	2021*
Allocated	25	41
Removed	29	26
Less than 1 year old	25**	52

 *figures for 2021 are as of 31 August 2021

**less than one year old as of 31 December 2020

An Garda Síochána

Ceisteanna (546)

Catherine Murphy

Ceist:

546. Deputy Catherine Murphy asked the Minister for Justice the names of the companies that supplied an Garda Síochána with batons in each of the past four years in tabular form. [43409/21]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the purchase of resources for An Garda Síochána. As Minister for Justice, I have no direct role in this matter.

The below table, comprising information provided to me by the Garda authorities, outlines details regarding the purchase of batons by An Garda Síochána during the period 2017 to 2020.

2020	Daniel Technologies
2019	No purchase
2018	No purchase
2017	Daniel Technologies

Departmental Data

Ceisteanna (547)

Catherine Murphy

Ceist:

547. Deputy Catherine Murphy asked the Minister for Justice the number of persons sentenced between 8 and ten years for offences under section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 in 2019, 2020 and to date in 2021, in tabular form. [43410/21]

Freagraí scríofa

Minister for Justice

I am informed by the Courts Service that the information sought by the Deputy is not stored on the Courts Service Case Tracking System. The Courts Service are therefore unable to provide a report on the requested information.

Legal Services Regulation

Ceisteanna (548)

Matt Shanahan

Ceist:

548. Deputy Matt Shanahan asked the Minister for Justice if she will address a series of matters in relation to fees provided to criminal barristers (details supplied); and if she will make a statement on the matter. [43414/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy Hildegarde Naughton)

As the Deputy may be aware, responsibility for fee restoration rests with my colleague, the Minister for Public Expenditure and Reform. However, that being said, I wish to reassure you that my Department has been actively engaging with all relevant stakeholders, including the Department of Public Expenditure and Reform, to resolve this matter.

Under the Criminal Legal Aid Scheme my Department is responsible for the payment of legal fees to defence counsel in the Circuit and Higher Courts only and not the District court. The fees are paid in parity with the fees paid by the DPP to prosecution counsel. This parity arrangement is provided for by the Criminal justice (Legal Aid) Amendments Regulations 1976 (S.I. No. 234 of 1976). There is no fee structure for paying defence counsel in the District Court as it is not the norm for a barrister to appear for a client in the District Court. On the rare occasion where the Court does direct a barrister to appear for a client in the District Court the fees payable are as set out for the solicitors in SI 234/1976.

Fees paid to solicitors in the District Court are set out in Part 1 of Schedule 1 of Regulation S.I. No. 362/2011. There is no fee of €25.20 under the criminal legal aid fee structure.

Finally, I would like to reassure the Deputy that the issue of fee restoration is under consideration by the Minister for Public Expenditure and Reform and will be examined further in the context of wider public pay policy and expenditure implications.

Prison Service

Ceisteanna (549, 550)

John McGuinness

Ceist:

549. Deputy John McGuinness asked the Minister for Justice the estimated final cost for the Limerick Prison redevelopment project currently under construction; the date when the contract was placed with a company (details supplied); and if she will make a statement on the matter. [43588/21]

John McGuinness

Ceist:

550. Deputy John McGuinness asked the Minister for Justice if the final tender award evaluation report in respect of the contract for the Limerick Prison redevelopment project as prepared by a company (details supplied) is available to interested parties; and if she will make a statement on the matter. [43595/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy Hildegarde Naughton)

I propose to take Questions Nos. 549 and 550 together.

I propose to take PQs 549 and 550 together.

Provision of safe and secure custody and dignity of care to persons in the penal system in Ireland is a priority for me as Minister and for the Irish Prison Service.  Delivery of the Limerick Prison redevelopment project is a key element of ongoing work in relation to the prison estate and is reflected in the Prison Service Strategic Plan 2019-2022.

The contract for a major redevelopment of Limerick Prison was awarded in February 2019 to the construction company referred to by the Deputy following a tender competition. The project scope includes the construction of a new accommodation block for male prisoners, a new prison for female prisoners to replace the 19th century building, facilities to support rehabilitation programmes, a new kitchen, vehicle lock, visits / reception area, exercise yards and the construction of new offices for the Probation Service.

The total estimated cost of the project is €71.5 million and it is currently scheduled for completion in the second quarter of 2022. I am informed that the Irish Prison Service expect it to be operational next summer, allowing for the commissioning of the various security systems. This timeframe is subject to no further restrictions on construction activity arising from the pandemic. The project is currently within profile and project budget.

The consultancy firm referred to in question 43595/21 was appointed as technical advisor to assist the Irish Prison Service in procuring and managing the contract for the redevelopment of Limerick Prison. Four tenders were received in response to the tender competition and each bidder was provided with a comprehensive reply explaining the outcome of their tender having regard to the tender evaluation criteria.

The tender evaluation report by its nature contains commercially sensitive and security information pertaining to each bid and I am informed that publication of this information could impact on the competitive nature of future tender competitions and the security of the new prison building.

Question No. 550 answered with Question No. 549.

Visa Applications

Ceisteanna (551)

Bernard Durkan

Ceist:

551. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 234 of 26 February 2021, when a necessary approval will be offered in respect of a visa (details supplied); and if she will make a statement on the matter. [43624/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy James Browne)

The visa application referred to by the Deputy was refused by the Visa Office in Karachi on 26 October 2020. The reasons for this decision were set out in the refusal letter sent to the applicants at that time. An appeal of this decision was then submitted and this appeal was subsequently refused on 25 November 2020.

It is open to the applicant to submit a new visa application at any time and to submit relevant documentation in support of this.

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 ([e-mail]), 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.

Deportation Orders

Ceisteanna (552)

Bernard Durkan

Ceist:

552. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the withdrawal of the deportation order in the case of a person (details supplied); and if she will make a statement on the matter. [43626/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy James Browne)

The person referred to is the subject of a Deportation Order made on 1 February 2019. However, they made a request on 23 October 2020, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked and this will be considered as soon as possible. The decision will be that the existing Deportation Order will be either ‘affirmed’ or ‘revoked’. 

As a person subject to a Deportation Order, they are legally obliged to comply with any reporting obligations placed on them by the Garda National Immigration Bureau (GNIB) during this time. 

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility ([e-mail]) 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.

Domestic Violence

Ceisteanna (553)

Michael McNamara

Ceist:

553. Deputy Michael McNamara asked the Minister for Justice if she will provide figures relating to domestic abuse incidents across all divisions of An Garda Síochána in the year to date, including the number of calls received by An Garda Síochána to respond to domestic abuse incidents, the number of criminal charges referred for breaches of domestic abuse court orders and the number of criminal charges reported for crimes involving an element of domestic abuse; and if she will make a statement on the matter. [43667/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy Hildegarde Naughton)

Tackling domestic abuse and providing supports for victims is a priority for me as Minister and for Government. I am working with my colleagues and with our partners to ensure we have an appropriate collective national response that supports victims and holds perpetrators to account.

I would like to assure the Deputy that An Garda Síochána attaches the highest priority to domestic abuse incidents. Operation Faoiseamh - an ongoing initiative - was established to ensure there was proactive and targeted action and supports for those affected during the pandemic.

Gardaí also continue to develop their specialist services in this area and Divisional Protective Services Units have now been rolled out nationwide, meaning that specially trained officers are available who will be responsible for engagement with, and interviewing of, vulnerable victims. This ensures that when vulnerable victims of crimes such as domestic abuse and sexual violence present to Gardaí, they are met with a consistently high standard of specialist, professional and expert assistance.

The following tables, provided to me by An Garda Síochána, outline the specific information sought by the Deputy.

1. The number of domestic abuse incidents by region. The counts in the table below are a combination of the following:

The incident type is one of:

- Breach of Interim Barring Order

- Breach of Protection Order

- Breach of Barring Order

- Breach of Safety Order

- Domestic Dispute - No Offence Disclosed

- Breach of Emergency Barring Order

or is of any incident type, but with a recorded motive of ‘Domestic Abuse’.

The table shows incidents reported in 2021 up to and including the 9th of September.

Region/Division	Domestic Abuse Incidents
Dublin Region	8941
D.M.R. Eastern	652
D.M.R. North Central	993
D.M.R. Northern	2243
D.M.R. South Central	782
D.M.R. Southern	1540
D.M.R. Western	2731
Eastern Region	5612
Kildare Div	966
Kilkenny/Carlow	546
Laois/Offaly	790
Meath Div	896
Waterford Div	653
Westmeath Div	493
Wexford Div	770
Wicklow Div	498
North Western Region	5103
Cavan/Monaghan	681
Donegal	596
Galway Div	1074
Louth Div	1152
Mayo	473
Roscommon/Longford Div	656
Sligo/Leitrim	471
Southern Region	5030
Clare	519
Cork City	1040
Cork North	627
Cork West	354
Kerry	639
Limerick	1202
Tipperary	649
Grand Total	24686

 

2. The table below shows the number of the various ‘Breach of Order’ incidents types and also any crime incident with a recorded motive of ‘Domestic Abuse’ reported in 2021 up to and including the 9th of September. The number of those incidents that have an associated charge to date is also shown.

Incident Group	Incidents	Incidents with Charges
Breach of Order Incident	3188	2657
Other Crime Incident	5364	1362
Grand Total	8552	4019

The number of charges will change as investigations are concluded. 

Asylum Applications

Ceisteanna (554)

Richard Boyd Barrett

Ceist:

554. Deputy Richard Boyd Barrett asked the Minister for Justice the number of asylum applications from Afghanistan between 1997 and to date in 2021; the number given some form of international protection in Ireland; and if she will make a statement on the matter. [43669/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy James Browne)

The International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO (the Chief International Protection Officer and the International Protection Officers) are independent by law in the exercise of their international protection functions.  

The table below shows the number of applications for international protection received from persons providing Afghanistan as their nationality between 1997 to date, broken down by year of application. 

Year of Application	Number of Applications
1997	6
1998	8
1999	13
2000	7
2001	25
2002	7
2003	24
2004	106
2005	142
2006	88
2007	78
2008	79
2009	68
2010	69
2011	67
2012	31
2013	32
2014	25
2015	124
2016	121
2017	75
2018	92
2019	112
2020	72
2021 to date (end July)	82
Total	1553

The table below sets out the number of decisions to grant a protection status (subsidiary protection or refugee status) to protection applicants providing Afghanistan as their nationality, broken down by year (1997 to date). The figures below include decisions granted under the Subsidiary Protection Regulation 2013 and 2006 and under both the Refugee Act 1996 (as amended) and the International Protection Act 2015.

Where the number of decisions for individual countries is low (less than 6), a breakdown by country is not provided. This is for reasons of confidentiality, as provided for under Section 26 of the International Protection Act 2015.   

The data in the table refers to the year in which the decision was made and not the year in which the application was made.

Year of Decision*	No. of decisions to grant either refugee status or subsidiary protection to applicants providing Afghanistan as their nationality
2001	<=5
2002	0
2003	<=5
2004	18
2005	19
2006	26
2007	16
2008	23
2009	36
2010	17
2011	16
2012	7
2013	12
2014	50
2015	55
2016	66
2017	18
2018	76
2019	78
2020	67
2021 to date (End July)	13

*The earliest statistics available in respect of ministerial decisions are for 2001.

My Department is currently reviewing all international protection applications on hand from Afghan nationals with a view to expediting their progress. This is in line with updated advice provided by UNHCR in recent weeks. These applications are already prioritised, as agreed with UNHCR. The processing of these applications takes full account of whether a person will be in danger if not provided with a permission to remain here.

Citizenship Applications

Ceisteanna (555)

Jennifer Carroll MacNeill

Ceist:

555. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [43675/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy James Browne)

The application for a certificate of naturalisation from the person referred to by the Deputy is currently being 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 as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, 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.

Legislative Measures

Ceisteanna (556)

Ivana Bacik

Ceist:

556. Deputy Ivana Bacik asked the Minister for Justice when it is proposed to commence section 30 of the Data Protection Act 2018. [43689/21]

Freagraí scríofa

Minister for Justice

The Deputy will appreciate that the General Data Protection Regulation (GDPR) is an EU wide instrument and Member States including Ireland cannot deviate from its provisions, nor will guidelines supersede that position.

Commencement of section 30 of the Data Protection Act 2018, raises serious matters, including the risk of infringement proceedings and the potential for significant penalties against the State. The processing of personal data for marketing and profiling purposes takes place under the so-called “legitimate interests” ground in Article 6.1(f) of the GDPR, with the case law of the European Court of Justice underlining the importance of free movement of personal data and establishing that Member States are not permitted to impose additional conditions that would have the effect of amending the scope of any of the grounds now set out in Article 6.1 of the GDPR.

The Office of the Attorney General has also advised my Department that section 30 of the 2018 Act appears to go beyond the margin of discretion afforded to Member States in giving further effect to the GDPR and would conflict with Article 6(1) (f), read alongside Recital (47).

Put simply, it is not an option for a Member State to unilaterally prohibit a category of processing activities which might otherwise be lawful under Article 6.1(f). The commencement of section 30 could, therefore, give rise to a substantial risk of infringement proceedings against the State pursuant to Article 258 of the Treaty on the Functioning of the European Union.

The European Commission has also confirmed that processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest and that Article 6(1) (f) of the GDPR does not make the processing of personal data of a child for the purposes of direct marketing unlawful.

The Commission also indicated that subject to Article 22 (automated decision-making), processing of personal data of a child for the purposes of profiling is not generally prohibited, albeit the processing must take into account that children merit specific protection as clarified in recital (38).

Moreover, the Commission has indicated that the term "micro-targeting", as referenced in Section 30 of the Act, is not mentioned in the GDPR, as such its scope remains uncertain and undefined.

Apart from this apparent conflict with the GDPR, the Office of the Attorney General has advised that section 30 gives rise to difficulties under Article 38.1 of the Constitution and under Article 7 of the European Convention on Human Rights. Article 38.1 provides that no person shall be tried on any criminal charge save in due course of law. In order for a domestic offence provision to comply with Article 38.1, it must be clear, precise and foreseeable in its application. It is not clear under section 30 what might constitute the processing of personal data of a child for the purposes of micro-targeting. It is also a requirement under Article 7 of the Convention that offence provisions must be sufficiently clear and precise so as to enable individuals to ascertain which conduct constitutes a criminal offence and to foresee the consequences of engaging in such conduct.

Officials in my Department are keeping this specific issue under review.

Antisocial Behaviour

Ceisteanna (557)

Ivana Bacik

Ceist:

557. Deputy Ivana Bacik asked the Minister for Justice if her attention has been brought to recent incidences of violent antisocial behaviour in the south inner city of Dublin; the steps her Department is taking to address escalating crime in the area; and if she will make a statement on the matter. [43691/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy James Browne)

At the outset, I would like to assure the Deputy that the Government takes concerns regarding anti-social behaviour very seriously. Minister Humphreys and I are acutely aware of the impact that anti-social  behaviour has on local communities and I am assured by the Garda  Commissioner that An Garda Síochána are continuing  to actively monitor crime trends and engage with local communities to help  reduce crime throughout the inner city. Any cases of assault or intimidation are completely unacceptable.

Preventing children getting involved in and diverting children away from criminality when they have already become involved is a  key priority for the Department of Justice, and both the Programme for Government and the Justice Plan 2021 contain a number of commitments with  regard to tackling anti-social behaviour.

As the Deputy may be aware, I launched the Youth Justice Strategy 2021-2027 earlier this year.  The immediate priority within the new Strategy is to enhance engagement with children and young people who are most at risk of involvement in criminal activity, principally by strengthening the services available through the existing network of 105 Garda Youth Diversion Projects (GYDPs) across the State.

GYDPs engage with young people through a range of supports, including education, training and  employment support, social enterprise initiatives, as well as personal  development and supports such as mentoring and personal development activities. Experience in the operation of the Children Act highlights the need to include children below the age of criminal responsibility (12 for  most offences) in preventative measures, and to consider the extension of  measures to divert young offenders away from the criminal justice system beyond the age of 18.

In line with a commitment  in the Programme for Government, I have also established an Expert Forum on Anti-Social Behaviour. This forum is considering the  effectiveness of existing legislation and will seek to propose new ways forward, including new powers for An Garda Síochána, if required, and additional interventions to support parenting of offenders.

The Deputy may wish to note that there has been an increase of 14% in the number of  Gardaí assigned to the Dublin South Central Division between 2015 and August 2021, although it should be noted that issues such as anti-social behaviour cannot be solved by An Garda Síochána alone. 

As the Deputy may be aware, on 13 November 2020 Minister Helen McEntee announced that the  Department will pilot Local Community Safety Partnerships in three areas, including Dublin’s north inner city. Local Community Safety Partnerships are the new structures described in the Department’s Community Safety Policy which are designed to take a holistic approach to safety issues in partnership with the community. The Partnerships will allow local communities to identify issues  of particular concern within their area and work with the relevant State services to develop a local Community Safety Plan to specifically tackle these issues. The pilots will run for the next two years ahead of a nationwide rollout to all local authority areas.

Immigration Policy

Ceisteanna (558)

Ivana Bacik

Ceist:

558. Deputy Ivana Bacik asked the Minister for Justice if matters raised in correspondence (details supplied) relating to naturalisation requirements with regard to sexuality will be examined. [43696/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy James Browne)

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.  A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received. 

Post nuptial citizenship was repealed with effect from 30 November 2005.  Therefore, there are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of a marriage or civil partnership.

The Commencement Order for the Marriage Act 2015 was signed on 10 November 2015, which brought the provisions of the Marriage Act 2015 into effect from 16 November 2015. In line with general legal principles, the law does not have retrospective application.

Legislative Process

Ceisteanna (559)

Ivana Bacik

Ceist:

559. Deputy Ivana Bacik asked the Minister for Justice the number of Bills prepared by her Department since 27 June 2020; the number and title of those Bills that included a Regulatory Impact Assessments; the title of the Regulatory Impact Assessments that have been published by her Department; and if she will make a statement on the matter. [43711/21]

Freagraí scríofa

Minister for Justice

The preparation of Regulatory Impact Assessments (RIA) is an important element of the legislative process and one that my Department takes seriously.  Of the 12 bills prepared and published by my Department since 27 June 2020, 7 RIAs were prepared, 1 of which was published.  As the Deputy will be aware, RIAs are not required in relation to all legislation.

The details requested are provided in the following table. 

Bill	Regulatory Impact Assessments
Garda Síochána (Functions and Operational Areas) Bill 2021 9 (No. 109 of 2021)	Criminal  Justice (Garda Operating Model) Bill 2021 Regulatory Impact Analysis - published
Criminal Justice (Smuggling of Persons) Bill   2021 (No. 105 of 2021)	RIA prepared, not published
Criminal Justice (Mutual Recognition of   Custodial Sentences) Bill 2021 (No. 103 of 2021)	RIA prepared, not published
Garda Síochána (Compensation) Bill 2021 (No.   50 of 2021)	RIA prepared, not published
Criminal Justice (Amendment) Bill 2021 (No. 25   of 2021)	N/A
Criminal Procedure Bill 2021 (No. 8 of 2021)   (Now the Criminal Procedure Act 2021)	RIA prepared, not published
Criminal Justice (Money Laundering and   Terrorist Financing) (Amendment) Bill 2020 (No. 23 of 2020) (Now the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021)	RIA prepared, not published
Criminal Justice (Enforcement Powers)   (Covid-19) Bill 2020 (No. 22 of 2020) (Now the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020)	N/A
Private Security Services (Amendment) Bill 2021 (No. 49 of 2021)	N/A
Civil Law (Miscellaneous Provisions) Bill 2021(No. 95 of 2021)	N/A
Counterfeiting Bill 2020 (No. 77 of 2020) (Now the Counterfeiting Act 2021 (Act 16 of 2021)	RIA prepared, not published
Civil and Criminal Law (Miscellaneous   Provisions) Bill 2020 (No. 18 of 2020)	N/A

Prison Service

Ceisteanna (560)

Darren O'Rourke

Ceist:

560. Deputy Darren O'Rourke asked the Minister for Justice the estimated full year cost of recruiting three additional full-time occupational psychologists and six additional psychologists for the Irish Prison Service in tabular form. [43890/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy Hildegarde Naughton)

The role of the Psychology Service in the Irish Prison Service is to deliver, develop and manage an integrated (mental health and criminogenic need) assessment and treatment service for people in custody, in line with service plans and objectives, and within established professional standards, guidelines and policy. 

I am informed that at present, there are no occupational psychologists employed by the Irish Prison Service. However, should occupational psychologists be recruited into the organisation, the estimated full year cost of recruitment would be dependent on the pay scale applicable at that time which would be subject to approval from the Department of Public Expenditure and Reform.

I am further informed that the Irish Prison Service currently employ various other psychologist grades, including;

- Head of Psychological Services, Principal Psychologist Manager,

- Senior Psychologists (Grade I),

- Staff Grade Psychologists (Grade II), and

- *Assistant Psychologists.  

The figures provided in Table 1 are Payscale of a Staff Grade Psychologist (Grade II)  per annum and are based on the incremental pay scale as at 1 October 2020.

Table 1 - Payscale of a Staff Grade Psychologist (Grade II) appointed after 6 April 1995 

1	2	3	4	5	6	7	8	9	10	11	12	13
€55,169	€58,680	€61,183	€63,782	€66,382	€68,952	€71,084	€75,879	€80,208	€84,604	€88,171     NMAX	€90,926     LSI1	€93,690     LSI2

 

The information sought by the Deputy in respect of the estimated cost of providing six additional Staff Grade Psychologists (Grade II) to the Irish Prison Service is provided in Table 2. 

  Table 2 - Cost of  providing six Staff Grade Psychologists (Grade II) to a Prison 

1	2	3	4	5	6	7	8	9	10	11	12	13
€331,014	€352,080	€367,098	€382,692	€398,292	€413,712	€426,504	€455,274	€481,248	€507,624	€529,026     NMAX	€545,556     LSI1	€562,140     LSI2

 *Assistant Psychologists are an unqualified grade, employed on a one year fixed term contract basis only and are not included in client to Psychologist ratios.

Departmental Data

Ceisteanna (561)

Darren O'Rourke

Ceist:

561. Deputy Darren O'Rourke asked the Minister for Justice the number of successful prosecutions obtained under section 8 of the Criminal Law (Sexual Offences) Act 1993 for the years of 2019, 2020 and to date in 2021, in tabular form; and if she will make a statement on the matter. [43891/21]

Freagraí scríofa

Minister of State at the Department of Justice (Deputy Hildegarde Naughton)

Among the changes introduced by Part 4 of the Criminal Law (Sexual Offences) Act 2017, was a change in legislation which removed those who offer their services as a prostitute from the existing offences of soliciting.

This was done to give effect to the policy of providing additional protection to those involved in prostitution, especially for those that are particularly vulnerable and are victims of human trafficking. This is to ensure people working in prostitution can provide information to the Gardaí on, for example, violence towards them by clients, without risking prosecution for selling sexual services.

Section 8 of the 1993 Act provides for the offence of failing to comply with the direction of a member of An Garda Síochána to leave a street or public place where the Garda has reasonable cause to suspect the person is loitering in order to solicit or importune another person or other persons for the purposes of prostitution. On foot of the changes introduced by the 2017 Act, and consistent with the policy underlying it, An Garda Síochána no longer enforce section 8 of the Criminal Law (Sexual Offences) Act 1993.

As such I have been informed that there have been no prosecutions under section 8 of the Criminal Law (Sexual Offences) Act 1993 for the period in question.

It may interest the Deputy to know that work is progressing to give effect to the initiative announced by Minister McEntee in April of this year to expunge previous convictions for ‘sale of sex’ or prostitution offences. This is a significant step in recognising and responding to the needs of victims of sex trafficking and those forced to provide sexual services.

While it has not been an offence to sell sex in Ireland since 2017, for those who have succeeded in exiting prostitution, previous convictions can be a significant obstacle as they attempt to move on with their lives.

The intention is that this proposed new expunging provision will be expressly limited to those convicted under section 7 or 8 of the Act of 1993 on the basis they were offering their services as a prostitute to another person.

At the time Minister McEntee announced this initiative, An Garda Síochána had identified 607 convictions to be expunged.

This comprises 402 convictions recorded for soliciting or importuning for the purposes of prostitution, contrary to section 7 and 205 convictions for loitering for the purposes of prostitution – failing to comply with a direction of a Garda, contrary to Section 8.

An Garda Síochána

Ceisteanna (562)

Darren O'Rourke

Ceist:

562. Deputy Darren O'Rourke asked the Minister for Justice if a recent contract for the provision of new Garda roads policing unit vans was put out to tender and if so, when the new vans will come into the fleet. [43892/21]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána. This includes decisions on the allocation of Garda resources, such as the distribution of Garda vehicles among the various Garda divisions, in light of identified operational demands. 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. 

Significant capital investment is  being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet over the period 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.

I am informed by the Garda authorities that all vehicle tenders and contracts for Garda vehicles are handled through the Office of Government Procurement (OGP). An Garda Síochána Fleet Management Section engage with OGP on an ongoing basis to agree their vehicle needs and specifications. The OGP put in place suitable contracts with suppliers and AGS draw down vehicles as required from these OGP contracts to meet their operational requirements.

Again, I have no role in these matters as Minister for Justice.

I am advised by the Garda authorities that a contract is currently in place through the OGP for the purchase of small, medium and large vans with various specialist conversions up to 5 October 2022 with the option of a 12 month extension. I am further advised that there is no planned purchase of roads policing specific vans or conversions at present.

Separately, the Deputy may be interested to know that there are currently 3 Road Policing Vans attached to the fleet.