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Gnáthamharc

Tuesday, 5 Oct 2021

Written Answers Nos. 525-547

Work Permits

Ceisteanna (525)

Pádraig MacLochlainn

Ceist:

525. Deputy Pádraig Mac Lochlainn asked the Minister for Justice the number of visas that were issued in the past five years including location and country of origin for the fishing industry in tabular form; the engagements her office has had with the fishing industry to determine future requirements for foreign workers; and if she will make a statement on the matter. [47828/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Atypical Working Scheme (AWS) was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for permission under the employment permit system of the Department of Enterprise, Trade and Employment (DETE). The Scheme provided, for the first time, a framework for the employment of non-EEA SeaFishers within defined segments of the Irish fishing fleet.

The Scheme was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA SeaFishers availing of the Scheme.

The Scheme is monitored by an Oversight Committee chaired by the Department of Agriculture, Food and the Marine. Any abuses or otherwise of the employment conditions in the Irish fishing industry is a matter for the Workplace Relations Commission, the Marine Survey Office, and other appropriate authorities of the State.

The application process for permission under the AWS for SeaFishers includes the drawing up of a contract which includes: the 12 month duration of the contract; payment of wages in line with the national minimum wage; that the medical needs of the employee must be provided for by the employer; and when an employment is terminated that the employer must repatriate the employee to their home country. This contract, prepared by a solicitor practising in the State on behalf of the employer, is submitted in the first instance to the Central Depository administered by the Department of Agriculture, Food and the Marine and thereafter an application is made to my Department for an immigration permission.

The role of my Department is to grant an immigration permission on the basis of the terms, conditions and workforce caps set by other Government Departments via the 2015 Task Force Report. My Department does not engage with the industry to determine future requirements. The review of labour force requirements sourced from within the EEA or otherwise in any sector is under the remit of the relevant Government Department with oversight responsibility for that sector.

The Scheme commenced in February 2016 and was initially only open to Non-EEA crew members who were already working in the fishing industry in Ireland. From July of that year, all non-EEA workers intending to work in the fishing industry were required to obtain an Atypical Worker Permission (Stamp 1 conditions) from my Department and a visa clearance, if applicable, prior to entering the State.

It also provides for the annual renewal of the permission granted and permits the employee to transfer employment within the sector. However, the permission granted is not transferable to any other employment sector within the State.

The table below sets out the breakdown by nationality of permissions granted each year under the Scheme since it commenced in February 2016.

Year

Total granted

Philippines

Egypt

Indonesia

Ghana

Other

2016

181

69

89

23

2017

136

59

58

19

2018

196

95

62

20

19

2019

213

103

53

22

25

10

2020

183

94

44

25

20

2021 to date

167

77

34

22

16

18

With the exception of confirming that the application is made from outside the State if it is a new permission, my Department does not collate information regarding the location of the application.

Neither does my Department collate information regarding the home port of vessels. Information regarding vessels on which permission has been granted to work is provided on a regular basis to relevant stakeholders in other Departments and Agencies with responsibility for monitoring the fishing fleet such as the Workplace Relations Commission, the Marine Safety Office, and the Department of Agriculture, Food and the Marine.

State Pardons

Ceisteanna (526)

Brendan Griffin

Ceist:

526. Deputy Brendan Griffin asked the Minister for Justice the up-to-date position in relation to efforts to pardon a person (details supplied); the updated timeline regarding the future process; and if she will make a statement on the matter. [47893/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, representatives of the Michael O’Donohoe Memorial Project have gathered a considerable amount of material relating to this case, and I know the Deputy has taken a very close interest in this application.

As the Deputy will also be aware, in early 2020 the then Minister for Justice and Equality engaged an expert on nineteenth century trial law in Ireland for their expert opinion on the safety, or otherwise, of the conviction of Mr John Twiss. The report includes a detailed consideration of the murder of John Donovan, the trial of John Twiss and its aftermath. It also considers the prevailing standards and procedures in nineteenth century Irish trials.

I intend to bring this report to Government in the coming weeks and I will update the Deputy directly thereafter.

Programme for Government

Ceisteanna (527)

Alan Dillon

Ceist:

527. Deputy Alan Dillon asked the Minister for Justice the status of programme for Government commitments (details supplied); if they have been completed; if not, the timeline on their progress; and if she will make a statement on the matter. [48004/21]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to inform the Deputy that my Department has made significant progress on the commitments set out in the Programme for Government to date. The details requested are outlined in tabular form below.

Programme for Government Commitment

Update

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 less adversarial resolution of disputes.

In September 2020, the Government approved the drafting of a Family Court Bill to provide for the establishment of a District Family Court, Circuit Family Court and a Family High Court as divisions within the existing court structures. The General Scheme of the Bill, which has been published, is awaiting pre-legislative scrutiny by the Joint Oireachtas Committee on Justice. The drafting of the Bill will be progressed as a matter of urgency, with a view to the Bill being published by the end of February 2022.

Build a new Family Law Court building in Dublin and ensure that court facilities across the country are suitable for family law hearings so these hearings can be held separately from other cases.

Construction of a purpose-built Family Law Court complex at Hammond Lane is a key project in the National Development Plan. The Courts Service recently completed a preliminary business case for the Hammond Lane project in accordance with the requirements of the Public Spending Code. The preliminary business case was approved by the Courts Service Board at its meeting on 1 June and has been sent to my Department for consideration in conjunction with the preliminary business case for development of two Garda stations. Current time-frames, allowing for procurement which would be undertaken by the National Development Finance Agency, planning, and other activities would see construction commencing in 2023 and completing in early 2026.

Examine increasing the age limit for the application of the Garda Youth Diversion Programme to 24 years old.

This is being progressed as a deliverable under the Youth Justice Strategy. Following initial work by interagency oversight groups, a discussion paper will be published shortly to support a public consultation process which will inform further development of proposals, including potential pilot approaches in the community.

Criminalise adults who groom children to commit crimes.

The General Scheme of the Criminal Justice (Exploitation of Children in the Commission of Offences) Bill, which will outlaw the grooming of children into crime, was published on 15 January 2021. Pre-legislative scrutiny was conducted by the Joint Oireachtas Committee on Justice on 25 May and the Committee's report was received on 7 July. The Bill is currently being drafted by the Office of Parliamentary Counsel. In addition, the Greentown initiative is piloting community-based approaches in two locations to assist children who are under the coercive control of criminal groups and their families.

Extend the pilot schemes of the Joint Agency Response to Crime to more areas to target prolific repeat and vulnerable offenders aged 16 -21.

The Joint Agency Response to Crime (JARC) programme has had success managing prolific offenders and the Programme for Government includes a commitment to extend the pilot scheme of the programme to more areas to target prolific repeat and vulnerable offenders aged 16-21. There has been significant structural change to the oversight of multi-agency offender management programmes recently, in line with commitments made in the Justice Action Plan 2021. The further development of the JARC programme will be informed by this ongoing work as well as the formal evaluation of current initiatives. The two existing Y-JARC (Youth JARC) pilots are being evaluated and the outcome will inform further development, aligned with the broader suite of programmes and interventions set out in the Youth Justice Strategy 2021-2027.

Examine approaches to identifying at-risk young people and vulnerable groups to interrupt their potential trajectory into problem drug and alcohol misuse.

The Department of Children, Equality, Disability, Integration and Youth has responsibility for this Programme for Government commitment.

Create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments.

My Department continues to work on details of the proposed scheme for the regularisation of long-term undocumented migrants and their dependents, further to consultation undertaken with relevant stakeholders. It is our intention to launch the scheme before the end of this year, as committed, further to agreement by the Government on the proposed approach.

Enact legislation that encompasses relevant EU measures and the UN Protocol against the smuggling and trafficking of migrants.

The Criminal Justice (Smuggling of Persons) Bill 2021 was published on the 27th August 2021. The Bill completed Second Stage in Seanad Éireann on 29th September 2021 and Committee Stage is scheduled for 7th October 2021. It is hoped that the Bill will be enacted by year end.

Justice Plan 2021 sets out a schedule of actions required to deliver on all relevant Programme for Government commitments as well as those contained in other Government strategies. A mid-year progress report on Justice Plan 2021 was published in June, 2021 and is available here:

www.gov.ie/en/publication/da0c1-department-of-justice-action-plan-2021-mid-year-progress-report/

A further progress report will be published at the end of the year.

Revenue Commissioners

Ceisteanna (528)

Dara Calleary

Ceist:

528. Deputy Dara Calleary asked the Minister for Justice if her attention has been drawn to a settlement between a State agency (details supplied) and the Revenue Commissioners; if there are any agencies under her Department’s remit that have had a similar issue or have made a settlement with the Revenue Commissioners in relation to any issue in the past five years; and if she will make a statement on the matter. [48028/21]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the agencies under the Department of Justice have no issues to report, and have not made any settlements with the Revenue Commissioners in relation to any issue in the past five years.

The following revised reply was received on 21 October 2021.

The reply provided should have advised of a settlement between the Garda authorities and Revenue in 2020.

In March 2017 An Garda Síochána made an unprompted voluntary disclosure to Revenue to determine the tax compliance of the ancillary services operating in the Garda College.

Following this voluntary disclosure, An Garda Síochána sought independent external advice in order to calculate and determine the tax liability of the Garda College shop and restaurants.

Two submissions were made in 2017 in respect of ancillary services in the Garda College and for Garda payroll. In January 2018, An Garda Síochána met with Revenue to discuss both submissions and on foot of this, a determination was made that the restaurant and shop were liable for VAT.

The Policing Authority oversaw An Garda Síochána’s implementation of the recommendations of the Interim Audit Report on financial procedures in the Garda College and noted the matter of the voluntary disclosure to Revenue in their final report to the Minister in July 2018. This report has been published and is available on the website of the Policing Authority.

I understand that An Garda Síochána made payment of €268,931 (to include the liability up to April 2020) in August 2020 in full and final settlement of the VAT liability, which is now payable on an ongoing basis.

Visa Applications

Ceisteanna (529)

Bernard Durkan

Ceist:

529. Deputy Bernard J. Durkan asked the Minister for Justice if a visa extension can issue in the case of a person (details supplied); and if she will make a statement on the matter. [48066/21]

Amharc ar fhreagra

Freagraí scríofa

The immigration permission of the person referred to by the Deputy is extended to 15 January 2022 in line with the final extension of immigration permissions, which Minister Humphreys and I announced on 15 September last.

This measure provides certainty to anyone who already holds a valid permission, including those in the State on visitor conditions, like the person concerned, that their legal status in this country is maintained until 15 January 2022. The renewal of the permission is on the same basis as the existing permission and the same conditions attach.

It may be open to the person to apply for a further extension of visitor permission, if there has been an unexpected change in their circumstances since they arrived in Ireland. If they wish to remain in the state after the 15 January 2022 they should submit an application a minimum of 10 weeks prior to the 15 January 2022 setting out the reasons and providing any correspondence and documentation in support of their application.

Further information on how to apply, including the application form, is available at: www.irishimmigration.ie/extension-of-visitor-permission/

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.

An Garda Síochána

Ceisteanna (530)

Neale Richmond

Ceist:

530. Deputy Neale Richmond asked the Minister for Justice the number of assaults on gardaí in each of the years 2015 to 2020 and to date in 2021, by county; and if she will make a statement on the matter. [48122/21]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Justice, I am deeply conscious of the risks encountered by all members of An Garda Síochána every time they go on duty. All assaults, of whatever nature, are a blatant disregard for the safety of the brave people in uniform who risk their lives every day in the service of the State.

An Garda Síochána have advised me that a search of the PULSE database was conducted on 4 October 2021 to identify any incident of assault reported nationwide from 1 January 2015 whereby a ‘Garda Injured Party’ was linked to the incident. It should be noted that this data therefore may include all types of injury recorded. PULSE was updated in October 2020 to allow for more precise recording of assaults on Garda members.

The number of such incidents reported per Garda Division is as follows:

Garda Division

2015

2016

2017

2018

2019

2020

2021*

Cavan/Monaghan

28

20

38

29

34

30

21

Clare

16

18

11

10

**

14

11

Cork City

67

41

45

40

36

53

33

Cork North

30

34

38

22

44

34

27

Cork West

13

11

14

12

36

23

10

DMR Eastern

15

13

13

13

12

26

10

DMR North Central

35

28

34

53

65

86

29

DMR Northern

62

40

25

51

58

67

34

DMR South Central

31

22

27

30

52

73

43

DMR Southern

30

29

29

39

35

64

27

DMR Western

53

43

61

43

57

58

32

Donegal

19

32

37

33

32

47

35

Galway

25

20

32

34

32

65

24

Kerry

29

22

28

36

39

30

10

Kildare

26

10

14

20

17

26

19

Kilkenny/Carlow

33

38

12

18

32

27

22

Laois/Offaly

31

29

17

22

40

49

35

Limerick

32

24

18

25

23

28

14

Louth

26

40

23

38

33

42

29

Mayo

13

26

16

11

24

18

22

Meath

25

10

21

19

31

26

13

Roscommon/Longford

22

10

18

11

29

26

**

Sligo/Leitrim

15

13

15

15

25

26

16

Tipperary

47

40

60

64

32

30

32

Waterford

34

44

38

37

32

49

16

Westmeath

17

23

11

20

31

26

13

Wexford

13

17

24

11

21

29

14

Wicklow

30

**

16

**

19

24

17

*2021 YTD to 3 October

** Count <10

Note: Figures were collated based on PULSE data as of 1:30am on 4 October 2021. These are operational and may be liable to change.

An Garda Síochána

Ceisteanna (531)

Neale Richmond

Ceist:

531. Deputy Neale Richmond asked the Minister for Justice the number of public order offences that were handed out in each of the years 2015 to 2020 and to date in 2021, by county; and if she will make a statement on the matter. [48123/21]

Amharc ar fhreagra

Freagraí scríofa

I 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.

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics, including recorded and detected crime, and listing them by Garda Division. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying data sources used to compile the statistics.

For the Deputy's information, the number of public order offences recorded across the State from 2015 up to Q2 of 2021 are available at cso.ie/en/statistics/crimeandjustice/

For the Deputy's information, the following table provides a breakdown of public order offences recorded by Garda Region from 2015 to end of Quarter 2 of 2021.

Public Order Offences

Dublin Metropolitan Region

North Western Region

Eastern Region

Southern Region

2015Q1

2677

1476

1390

2062

2015Q2

3128

1514

1535

2291

2015Q3

2946

1742

1571

2376

2015Q4

3037

1736

1527

2258

2015 Total

11788

6468

6023

8987

2016Q1

2266

1655

1388

1841

2016Q2

2092

1557

1356

1991

2016Q3

2321

1755

1406

2079

2016Q4

2409

1665

1470

1959

2016 Total

9088

6632

5620

7870

2017Q1

2401

1438

1318

1846

2017Q2

2660

1688

1476

2130

2017Q3

2781

1750

1604

2143

2017Q4

2681

1723

1559

1984

2017 Total

10523

6599

5957

8103

2018Q1

2342

1481

1199

1885

2018Q2

2714

1773

1490

2231

2018Q3

2553

1876

1653

2374

2018Q4

2809

1809

1627

2149

2018 Total

10418

6939

5969

8639

2019Q1

2598

1580

1485

1801

2019Q2

2779

1799

1626

2139

2019Q3

2878

1974

1638

2176

2019Q4

2677

1909

1482

1855

2019 Total

10932

7262

6231

7971

2020Q1

2520

1403

1273

1602

2020Q2

3052

1389

1348

1700

2020Q3

3175

1552

1471

1988

2020Q4

2741

1202

1100

1520

2020 Total

11488

5546

5192

6810

2021Q1

2479

1135

931

1406

2021Q2

2654

1367

1329

1780

2021 Total to date

5133

2502

2260

3186

An Garda Síochána

Ceisteanna (532)

Neale Richmond

Ceist:

532. Deputy Neale Richmond asked the Minister for Justice the number of e-scooters that were stolen by county in each of the years 2015 to 2020 and to date in 2021; and if she will make a statement on the matter. [48124/21]

Amharc ar fhreagra

Freagraí scríofa

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 recording of crimes reported to An Garda Síochána. As Minister for Justice, I have no direct role in these matters.

The Deputy will also appreciate that matters relating to legislative and regulatory classification of e-scooters, and other modes of mechanical transport, are under the remit of the Minister for Transport.

I am informed by the Garda authorities that scooters can be recorded on the Garda PULSE system as both vehicles and objects, and that a restriction of the query to vehicle records where the specific type of scooter is recorded would result in a significant under-reporting of figures.

I am also informed by the Garda authorities that a manual review of Garda records would be required to determine the number of e-scooters reported as stolen. I am further advised that a significant and disproportionate amount of Garda resources would be required to fulfil the Deputy’s request for data regarding nearly seven years, and that, in light of the complexities outlined above, An Garda Síochána is not in a position to provide the information sought by the Deputy.

An Garda Síochána

Ceisteanna (533)

Ivana Bacik

Ceist:

533. Deputy Ivana Bacik asked the Minister for Justice if her attention has been drawn to reports that appointments with the Garda National Immigration Bureau are being booked and sold online by a non-authorised entity; the steps her Department has taken to investigate this matter since it was raised in a parliamentary question (details supplied); and if she will make a statement on the matter. [48177/21]

Amharc ar fhreagra

Freagraí scríofa

My Department is aware that there have been issues in the past around the securing of registration appointments and has continually introduce software fixes designed to prevent such abuses of the system. These new measures have been partly successful in preventing the block booking of appointments by third party agents.

However, some third party agents continue to provide appointment booking services in return for payment on the basis that the person provides them with their personal details in advance. My Department strongly advises against this practice of providing sensitive and personal data to unregulated and unknown third parties.

Customers should continue to apply directly for appointments as they become available without charge, through the online appointments system: www.burghquayregistrationoffice.inis.gov.ie

A new Immigration Service appointment and scheduling system, which will streamline and further improve the registration process, is currently being developed and is expected to be available to customers in November 2021.

Citizenship Applications

Ceisteanna (534, 535, 536)

Ivana Bacik

Ceist:

534. Deputy Ivana Bacik asked the Minister for Justice the number of Irish citizenship applicants currently waiting longer than 12 months for a decision on their application; and the number of citizenship applicants currently waiting longer than 24 months for a decision on their application. [48178/21]

Amharc ar fhreagra

Ivana Bacik

Ceist:

535. Deputy Ivana Bacik asked the Minister for Justice the average waiting time for citizenship applications to date in 2021. [48179/21]

Amharc ar fhreagra

Ivana Bacik

Ceist:

536. Deputy Ivana Bacik asked the Minister for Justice the number of citizenship applicants her Department plans to communicate a decision to in 2021. [48180/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 534 to 536, inclusive, together.

I am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department has continued to accept and process citizenship applications throughout the pandemic and at all levels of public health restrictions. However, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health and safety related restrictions imposed as a result of the Covid-19 disruption and the inability to hold in person ceremonies during this time, has resulted in the processing timeline for standard applications increasing.

As a result, regrettably, the current average processing time for applications is 23 months and there are just over 22,200 applications currently on hand. These applications are at various stages of processing, ranging from those just received to those where a decision has been made and are "ceremony ready".

As of 1 October 2021, the number of applicants waiting for more than 12 months is 8,742; and the number of applicants waiting more than 24 months is 6,437.

Aside from these specific issues, for a broad range of reasons, some cases will take longer than others to process. Processing timescales can be impacted by incomplete applications having to be returned; further documentation being required from the applicant; where the payment of the required certificate fee is awaited; or if the applicant has not been engaging with my Department.

In some instances, the input of several Government agencies, both within and outside the jurisdiction is needed and the request and receipt of information from these sources can result in delays in processing some applications. Issues can also arise at the final stage of the naturalisation process, for example, where additional information comes to light which is required to be considered before a final decision is taken.

For applicants that were in the final stages of processing, in January, my Department opened a temporary system to enable these applicants to complete their naturalisation process by signing a statutory declaration of loyalty. Since then, my Department has delivered on its commitment to communicate with 6,500 applicants by the end of June, inviting them to complete the final steps required prior to the granting of a certificate of naturalisation.

Almost 6,200 certificates of naturalisation have been issued so far this year and a further 1,000 people have paid the statutory fee and will receive their certificates in the coming weeks. The Citizenship Division of my Department has prioritised bringing the oldest applications on hand to conclusion and a significant number of these applicants have received their certificates of naturalisation since the introduction of the temporary process.

My Department intends to communicate with approximately 11,000 applicants up to the end of this year, in the context of issuing a decision on their applications. As the Deputy will appreciate, when an approval letter issues to an applicant there are certain administrative and financial commitments required of the applicant prior to the issuing of a naturalisation certificate. Currently, there are approximately 1,000 cases where approval letters have issued but the applicant has yet to respond.

Domestic Violence

Ceisteanna (537)

Violet-Anne Wynne

Ceist:

537. Deputy Violet-Anne Wynne asked the Minister for Justice her views on whether a specialist domestic violence unit may be warranted in view of the cancellation of domestic violence calls; and if she will make a statement on the matter. [48256/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible, under the provisions of the Garda Síochána Act 2005, for the management and administration of Garda business, including the recruitment, training and deployment of Garda members and staff. The Commissioner is responsible, under the Act, for the deployment of Gardaí throughout the State, which includes the allocation of resources to the various national, regional and specialist units within An Garda Síochána.

I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use.

For the Deputy's information, the Garda National Protective Services Bureau (NPSB) provides advice, guidance and assistance to Gardaí investigating the following:

- Sexual crime;

- Online child exploitation;

- Child protection;

- Domestic abuse intervention;

- Human trafficking;

- Organised prostitution;

- Sex offender management;

- Missing persons;

- Missing persons in care;

- Support for victims of crime.

The Bureau takes the lead in the investigation of more complex cases. The Bureau also liaises with relevant Government Departments, State bodies and voluntary groups, embracing an essential multi-agency approach to tackling these crimes and their causes. Primary considerations in these cases are the protection and welfare of the victims, while ensuring the proper investigation of the alleged activities.

As the Deputy may be aware, each Garda Division now also has a dedicated Divisional Protective Services Unit (DPSU) in place. DPSUs provide a best practice service in relation to all domestic abuse incidents and interventions and are responsible for the quality and conduct of their investigations, including the regular updating of victims.

Legislative Measures

Ceisteanna (538)

Imelda Munster

Ceist:

538. Deputy Imelda Munster asked the Minister for Justice the status of the review of the Defamation Act 2009; the date for the expected completion of that review; and if she will make a statement on the matter. [48325/21]

Amharc ar fhreagra

Freagraí scríofa

The review of the Defamation Act 2009 is a legislative priority for the Government and my Department.

The Justice Plan 2021 restates the Programme for Government commitment to review and reform our defamation laws to ensure a balanced approach to the right to freedom of expression and the right to protection of good name and reputation, as well as ensuring effective access to justice.

I am currently considering a number of important legislative reform initiatives – these include the review of defamation law, which is expected to be brought to Government soon.

As a measure of the Government's commitment to this reform, the Defamation (Amendment) Bill, to implement the resulting legislative changes, is already included in the Government’s Legislation Programme.

It is a priority for me and my Department to get the reform of defamation law right, and to bring forward the required legislation at the earliest opportunity.

An Garda Síochána

Ceisteanna (539)

Sorca Clarke

Ceist:

539. Deputy Sorca Clarke asked the Minister for Justice the estimated cost in 2022 of increasing the number of sworn gardaí to 15,300 by the end of 2022; the estimated cost in 2023 to increase the number to 16,180; and the estimated cost in 2024 to increase the number of sworn gardaí to 17,100. [48361/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including recruitment of new members. As Minister for Justice, I have no direct role in these matters.

I am informed by the Garda authorities that the table below sets out the estimated payroll cost in 2022 of increasing the number of sworn Gardaí to 15,300 by the end of 2022; the estimated cost in 2023 to increase the number to 16,180; and the estimated cost in 2024 to increase the number of sworn Gardaí to 17,100.

The Deputy will appreciate that cost is not the only constraint and annual recruitment levels are also subject to the capacity of the Garda College. The maximum intake of the College is dependent on a number of variables including funding, human resources, the availability of successful candidates and the chosen training delivery model.

Estimated Increase

2022

2023

2024

Estimated Pay Cost to Increase Numbers to 15,300 by end 2022

€22m

€45m

€48m

Estimated Pay Cost to Increase Numbers to 16,180 by end 2023

€21m

€43m

Estimated Pay Cost to Increase Numbers to 17,100 by end 2024

€22m

Estimated Payroll Costs

€22m

€66m

€113m

The above figures are estimates only as the costing of the increase in numbers must take account of a number of uncertainties. In addition, non-pay costs which are considerable are not included.

The figures are based on Garda recruits entering training for 32 weeks on 1st January each year prior to being attested and includes:

- Approximately €6,650 per recruit for the first 32 weeks each year where new recruits undergo training during which time they receive basic allowances.

- The remaining costs are paid on completion of the 32 weeks training. This includes Garda members moving to the first point of the pay scale when attested and an estimation of allowances that the members may qualify for depending on their assignments and employer’s PRSI. The workings assume that each member moves to Point 2 of the pay scale one year post attestation and point 3 of the pay scale two years post attestation.

The estimate covers the period of training and subsequent years of employment to end 2024.

The estimate is based on current work schedules and pay scales, with the impact of scheduled pay rises in October 2021 and October 2022 taken into consideration.

It is important to note that the annual payroll costs would continue to increase as the members move up the Garda pay scale each year.

It should also be noted that the estimated figures do not take account of potential overtime costs in excess of estimated briefing time payments.

Road Traffic Accidents

Ceisteanna (540)

Sorca Clarke

Ceist:

540. Deputy Sorca Clarke asked the Minister for Justice further to Parliamentary Question Nos. 439 and 440 of 6 July 2021, if she has received the necessary information from the Garda authorities to answer the question. [48362/21]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the information sought in relation to Parliamentary Question Nos. 439 and 440 of 6 July 2021 was received from An Garda Síochána and that substantive answers for both questions have issued from my office to the Deputy.

The information is available at the following links:

Table

Table

General Practitioner Services

Ceisteanna (541, 599)

Cormac Devlin

Ceist:

541. Deputy Cormac Devlin asked the Minister for Health if a new scheme will be considered as part of Budget 2022 to make a contribution towards or cover the costs of medical reports required for driving licences for persons over 70 years of age who have a GMS card; and if he will make a statement on the matter. [47718/21]

Amharc ar fhreagra

Robert Troy

Ceist:

599. Deputy Robert Troy asked the Minister for Health his views on the fact that some doctors surgeries are charging for the over 70s doctors’ certificate report that is to be included in support of the free over 70s driving licence application. [47690/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 541 and 599 together.

Under the terms of the current GMS contract, GPs are required to provide eligible patients with ''all proper and necessary treatment of a kind usually undertaken by a general practitioner and not requiring special skill or experience of a degree or kind which general practitioners cannot reasonably be expected to possess.". Persons who hold a medical card or a GP visit card are not subject to any co-payments or other charges in respect of such services including GP consultations.

The GMS contract stipulates that fees for medical and GP visit card holders are not paid to GPs in respect of certain medical certificates which may be required, for example, "under the Social Welfare Acts or for the purposes of insurance or assurance policies or for the issue of driving licences". Any fees charged by GPs for services provided outside the terms of the GMS contract are a matter of private contract between the GP and their patients.

There are no plans at present to include the completion of medical reports required for driving licence applications as a service to be provided to GMS patients under the GMS or GP Visit Card scheme.

The requirements for the submission of a medical report from a registered medical practitioner with driving licence applications for certain categories of persons, including those aged 70 and over, is governed by the National Driver Licence Service and the Department of Transport.

Health Services Staff

Ceisteanna (542)

Neale Richmond

Ceist:

542. Deputy Neale Richmond asked the Minister for Health if his attention has been drawn to the difficulty non-EEA doctors have accessing critical skills employment permits in Ireland; if his attention has been further drawn to the fact that non-EEA doctors are not eligible for stamp 4 IRP unless they stay in Ireland for five years; if he is taking steps to remedy this to encourage doctors to stay and train in Ireland; and if he will make a statement on the matter. [47868/21]

Amharc ar fhreagra

Freagraí scríofa

There are now two types of employment permits available for Non-Consultant Hospital Doctors (NCHDs). These are a General Employment Permit (GEP) and a Critical Skills Permit (CSEP). A critical skills permit may now be granted to an NCHD where an employer is offering employment for two years. Either permit can now be issued on a multi-site basis if required, subject to relevant conditions attached to both permits being met.

Occupations appearing on the Critical Skills Occupations List, including Medical Practitioners, are eligible to apply for the Critical Skills Employment Permit. This permit type is designed to attract highly skilled people into the labour market in roles identified as being in critical short supply with the aim of encouraging them to take up permanent residence and employment in the State. The qualification criteria for this permit includes a two-year job offer, a relevant third level qualification and a minimum remuneration of €32,000.

Individual contracts of employment and the type of employment permit applied for are matters between the employee and employer, in this case the HSE. The Department of Enterprise, Trade and Employment has agreed an arrangement with the HSE to facilitate multi-location rotations without requiring a new employment permit for each medical rotation.

All Critical Skills Employment Permit holders who are registered and working in the State on Stamp 1 for two years can apply to Department of Enterprise, Trade and Employment for a verification letter. With this verification letter they can be registered on stamp 4.

Programme for Government

Ceisteanna (543)

Alan Dillon

Ceist:

543. Deputy Alan Dillon asked the Minister for Health the status of programme for Government commitments (details supplied); if they have been completed; if not, the timeline on their progress; and if he will make a statement on the matter. [48004/21]

Amharc ar fhreagra

Freagraí scríofa

The Government agreed to adopt a health-led approach to people who use drugs, following the publication of the report of the working group on alternative approaches to the possession of drugs for personal use, which was informed by 20,000 public responses. The Programme for Government endorses this approach as an important step in developing a public health-led approach to drug use.

The aim of the health diversion programme is to connect people who use drugs with health services and provide a pathway to recovery, thereby avoiding a criminal conviction. The programme will offer compassion, not punishment, to people who use drugs. Under the programme, An Garda Síochána will divert a person found in possession of drugs for personal use to the HSE for a health screening and brief intervention.

The Health Diversion Programme is aligned with the strategic priority in the EU Drugs Strategy 2021 – 2025 to provide alternatives to coercive sanctions for people who use drugs. The strategy proposes q stepping up efforts to mainstream and implement alternatives to coercive sanctions, for drug using offenders and for people arrested, charged with or convicted for drug-related offences or people found in possession of drugs for personal use. The strategy also outlines that more comprehensive and in-depth data and exchange of best practices between member States is needed in this area.

An implementation group chaired by the Department of Health is finalising plans for the commencement of the Health Diversion Programme. The group is currently considering legal advice from the Office of the Attorney General on the implementation of the Health Diversion Programme on an administrative basis. It is also considering the formal views of the Garda Commissioner. Certain legal, procedural and logistical issues need to be clarified before the rollout of the programme can commence. The Department of Health is consulting with the Department of Justice and An Garda Síochána on these issues.

As committed to in the Programme for Government, the programme will be reviewed after the first full year of implementation to ensure that it is meeting all of it aims and to make any necessary changes.

I look forward to the commencement of the Health Diversion Programme, which will demonstrate a health-led approach in how we deal with people who use drugs.

Prison Service

Ceisteanna (544)

Peadar Tóibín

Ceist:

544. Deputy Peadar Tóibín asked the Minister for Health when a person (details supplied) on remand will be transferred to another facility. [48174/21]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Prison Service

Ceisteanna (545)

Peadar Tóibín

Ceist:

545. Deputy Peadar Tóibín asked the Minister for Health the number of prisoners currently waiting to be transferred to the Central Mental Hospital; and the current bed capacity and waiting times. [48175/21]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Information and Communications Technology

Ceisteanna (546)

Neasa Hourigan

Ceist:

546. Deputy Neasa Hourigan asked the Minister for Health his plans to modernise and integrate the IT infrastructure in his Department and the HSE; and if he will make a statement on the matter. [47465/21]

Amharc ar fhreagra

Freagraí scríofa

Improved IT security measures have been put in place within my Department. A complete security review of the infrastructure was undertaken and specialised software has been installed to mitigate against malicious software, and to provide early warning notifications of same. The system is fully monitored, providing for a rapid response to any notified incidents.

Going forward, my Department will be informed by learnings from the recent criminal ransomware cyberattack, and in conjunction with our security partner, the National Cyber Security Centre and the Office of the Government Chief Information Officer, continue to assess requirements against best practice and industry standards when upgrading ICT infrastructures. In keeping with procedures on any critical incident, post incident review findings and recommendations will inform the process of continuous improvement.

In respect of the HSE, as this is a service matter, I have asked them to respond to the Deputy directly, as soon as possible.

General Practitioner Services

Ceisteanna (547, 559)

Richard Boyd Barrett

Ceist:

547. Deputy Richard Boyd Barrett asked the Minister for Health if he will ensure that the case of a person (details supplied) will be examined and a general practitioner allocated to them in view of the circumstances of the case; and if he will make a statement on the matter. [47467/21]

Amharc ar fhreagra

Richard Boyd Barrett

Ceist:

559. Deputy Richard Boyd Barrett asked the Minister for Health if there is an onus on the HSE to inform medical card patients that their doctor is retiring from treating medical card patients; if so, if the HSE plan to inform the patients of a doctor (details supplied) in relation to same; and if he will make a statement on the matter. [47509/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 547 and 559 together.

The GMS contract requires that, where a participating medical practitioner retires or resigns from the GMS scheme, the Health Service Executive will notify each GMS patient of the name of the new doctor and inform each patient that their records are being transferred to this doctor.

As the issues raised are service matters, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

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