Written Answers Nos. 751-770
751. Deputy Thomas Gould asked the Minister for Justice her plans for the old Cork Prison given the impact the wasted land and building has on the local community in the midst of a housing crisis and in the centre of an area desperately in need of community improvement; and if she will make a statement on the matter. [52605/21]
Amharc ar fhreagraThe old prison at Rathmore Road, Cork was closed in February 2016 following the construction of new prison facilities on a site opposite the old prison as part of the Irish Prison Service modernisation programme and capital plan for the prison estate.
While the Irish Prison Service has no current strategic plan for the future use of the old prison, preliminary exploratory discussions have taken place with the Land Development Agency regarding options for the future use/development of the site.
I understand that options with respect to the future use of the existing facility may be very limited due to the age and condition of the buildings, which date back to the 19th century and taking into consideration the requirement to comply with current building standards and health and safety requirements.
752. Deputy Richard Boyd Barrett asked the Minister for Justice if she has given consideration to granting an extension of the right to apply for Irish citizenship to great-grandchildren of Irish immigrants; and if she will make a statement on the matter. [52647/21]
Amharc ar fhreagraThe 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.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended provides discretion to the Minister to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).
Under Section 16 (2): For the purposes of this section a person is of Irish associations if:
(a) he or she is related by blood, affinity or adoption to, or is the civil partner of, a person who is an Irish citizen or entitled to be an Irish citizen, or
(b) he or she was related by blood, affinity or adoption to, or was the civil partner of, a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.
There is no right or entitlement to have any of the statutory conditions waived even where the applicant comes within the certain circumstances defined. This discretion is used very rarely and only under the most exceptional and compelling circumstances. An association going back two generations without any other link to the State is generally not considered as sufficient to warrant consideration of the waiving of the statutory residence conditions.
Applicants who seek to avail of the discretion provided under Section 16 of the Act are expected to have a reasonable period of lawful residence in the State, generally around 3 years, to show they have some substantial and tangible connection with Irish society and the State. An Irish association through a great-grandparent, (or a grandparent where that grandparent obtained citizenship through naturalisation) and where there is no, or negligible, reckonable residency would generally be deemed insufficient to warrant waiving the statutory conditions and would result in a refusal.
While all legislation is kept under review, there are no plans at the moment to amend the applicable rules relating to applications for a certificate of naturalisation. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.
753. Deputy Jim O'Callaghan asked the Minister for Justice if the consent of the Minister which has been given to the Legal Aid Board in relation to the leasing of premises at Railway Square, Waterford can be reviewed on foot of concerns raised by law centre staff for their safety regarding antisocial behaviour in the vicinity of the premises; and if she will make a statement on the matter. [52648/21]
Amharc ar fhreagra754. Deputy Brendan Howlin asked the Minister for Justice the premises currently in use by the Legal Aid Board for the provision of legal services under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations; if each premises has been acquired by leasehold agreement by the Board; if in each case the consent of the Minister was given to the Board to acquire a leasehold interest; and if she will make a statement on the matter. [52691/21]
Amharc ar fhreagraI propose to take Questions Nos. 753 and 754 together.
As Deputies will be aware, the Legal Aid Board provides legal advice and aid under the relevant terms of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. Section 3(3) of the Act provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.
The acquisition of premises is an operational matter for the Legal Aid Board under such terms, whether leasehold or otherwise, as it may consider appropriate to its functions. The location of offices of the Legal Aid Board is subject to the Civil Legal Aid Regulations 1996 (S.I No. 273 of 1996), which give effect to the relevant provisions of Section 37 of the 1995 Act. Regulation No. 22 (1) states that,
“In deciding on the location of law centres, the Board shall have regard to –
(a) the need to provide reasonable access to their services on a nationwide basis,
(b) the desirability of providing, so far as possible, ready access to their services in the areas where the need for those services is greatest, and
(c) the need to use available resources in a way likely to result in maximum benefit for persons in need of legal aid or advice and in considering these matters the Board shall take account of any views expressed by local and other interests but the decision finally in each case shall be a matter entirely for the Board”.
Having given the matter appropriate consideration, including by reference to the relevant provisions of Section 3(2) of the Civil Legal Aid Act 1995 Act and those of the Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), Minister Humphreys gave her consent to the Board’s request to acquire a leasehold interest in the proposed new premises at Railway Square in Waterford. This was conveyed to the Legal Aid Board on 27 September 2021. I also understand that the Board is currently engaged with its staff in relation to this office upgrade and relocation while also conducting a wider review of the status of those premises which it uses or shares in optimising the delivery of its services to vulnerable citizens.
756. Deputy Martin Kenny asked the Minister for Justice if she will consider establishing a commission of investigation into the cancellation of 999 calls. [52713/21]
Amharc ar fhreagraAs the Deputy will be aware, I consider any inappropriate cancellation of 999 calls a very serious matter. This falls significantly below the high standards that the public expect from the Gardaí and the high standards that An Garda Síochána set for themselves. I am particularly concerned that anyone experiencing domestic abuse, or indeed anyone in a vulnerable position, who summoned the courage to seek assistance may not have received it.
I have asked the Policing Authority to oversee the review being conducted by An Garda Síochána in relation to this matter, which is in keeping with the Authority's overall oversight role, and I believe this is the most cost effective and appropriate mechanism to evaluate and, most importantly, to resolve this matter. There have been a number of engagements between the Authority and An Garda Síochána this year, most recently on 28 October, and this work is ongoing.
I share the Authority and the Commissioner's concern about the continuation of what appear to be inappropriate cancellation and classification of calls since the introduction of the new procedures. These circumstances will of course be considered by the Authority as part of their continuing oversight of the Garda review of this matter, and will be taken into account in the work being carried out by an external policing expert who has been appointed to assist the Authority in this task.
I await the outcome of the Authority's work on this matter and will of course consider any recommendations arising from its work.
757. Deputy Martin Kenny asked the Minister for Justice the most recent figure of cancelled 999 calls provided to her. [52714/21]
Amharc ar fhreagraAs the Deputy will be aware, I consider any inappropriate cancellation of 999 calls to be a very serious matter. This falls significantly below the high standards that the public expect from the Gardaí and the high standards that An Garda Síochána set for themselves. I am particularly concerned that anyone experiencing domestic abuse, or indeed anyone in a vulnerable position, who summoned the courage to seek assistance may not have received it.
The Deputy will be aware that I asked the Policing Authority to oversee the review being conducted by An Garda Síochána in relation to this matter, and there have been a number of engagements between the Authority and An Garda Síochána since March of this year. A range of information concerning the number of calls impacted has been put into the public domain through these engagements, including at the most recent meeting on 28 October.
I share the Authority’s concern about the continuation of what appear to be inappropriate cancellation and classification of calls since the introduction of the new procedures. These circumstances will of course be considered by the Authority as part of their continuing oversight of the Garda review of this matter, and will be taken into account in the work being carried out by an external policing expert who has been appointed to assist the Authority in this task.
The purpose of this work is to give independent, expert assurance and advice to the Authority, to the Commissioner and most importantly to the public that the methodology being used by An Garda Síochána to examine incidents will deliver what is needed to understand what happened, its impact and how the organisation can prevent its reoccurrence.
I await the outcome of the Authority's review, which is ongoing, and will of course put into the public domain its conclusions, including as to the number of calls cancelled and other relevant information.
758. Deputy Éamon Ó Cuív asked the Minister for Justice when an application for citizenship by a person (details supplied) in County Galway was received by her Department; the reason for the delay in making a decision on this application; when a decision will be made in relation to this application; and if she will make a statement on the matter. [52744/21]
Amharc ar fhreagraAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 5 December 2019. This application 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.
759. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [52763/21]
Amharc ar fhreagraIn response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
As the person concerned has no current right of residency in the State, they would not be in a position to meet the lawful residency criteria applicable to persons applying for a certificate of naturalisation.
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.
760. Deputy Éamon Ó Cuív asked the Minister for Justice when an application for citizenship was received by her Department from a person (details supplied) in County Galway; the reason for the delay in making a decision on this application; when a decision will be made in relation to this application; and if she will make a statement on the matter. [52813/21]
Amharc ar fhreagraAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 10 April 2019 and my Department issued the applicant with an approval letter on 12 October 2021. My Department has received all necessary documentation from the applicant and, provided all is in order, I expect that a certificate of naturalisation should issue in the coming weeks.
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.
761. Deputy Joe Flaherty asked the Minister for Justice further to Parliamentary Question No. 83 of 21 October 2021, in which she confirmed that there are 139 gardaí assigned to County Longford as of 30 September 2021, if she will provide statistical information (details supplied). [52872/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
762. 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. [52945/21]
Amharc ar fhreagraAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 28 February 2020. This application 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.
763. Deputy Patrick Costello asked the Minister for Justice when the 2020 Annual Report of the Legal Aid Board will be published; and the actions that are being taken by her Department in relation to its contents. [53012/21]
Amharc ar fhreagraThe Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995. They are also responsible for the delivery of the State funded Family Mediation Service, and provide services in respect of Abhaile, International Protection Services and Criminal Legal Aid.
The 2020 Annual Report of the Legal Aid Board is already laid before both Houses of the Oireachtas, as provided under the relevant terms of the Civil Legal Aid legislation.
My colleague, Minister Browne, launched the Report on 21 October 2021, and it is publicly available on my Department’s and on the Board's website.
My Department is grateful to the Board for its delivery of key supports to citizens as part of the Government’s response to COVID-19. The Board showed ongoing professionalism and commitment to ensuring access to justice for those of limited means throughout the pandemic, and took specific measures to assist those at increased risk of domestic violence. These included setting up a Legal and Mediation Information Helpline and the establishment of a duty solicitor service in Dublin to ensure that no domestic violence case eligible for legal aid was left without representation. During a difficult year they provided assistance to 17,000 clients.
As the Deputy may be aware, under the Justice Budget 2022, the Board has been allocated an additional €3.3m bringing its total allocation for 2022 to €47.9million. This additional funding will support its work, including the provision of legal advice and legal aid service to victims of sexual offences.
764. Deputy Neale Richmond asked the Minister for Justice the measures that can be taken to address the issue of intimidatory protests outside the homes of public representatives and other such figures; and if she will make a statement on the matter. [53024/21]
Amharc ar fhreagraThe enforcement of the law, including those laws governing protests, is a matter for An Garda Síochána, while the decision to prosecute any member of the public for any crime is a matter for the Director of Public Prosecutions, who is completely independent in the exercise of her functions.
With regard to protests outside the homes of public representatives, I can further advise the Deputy that my Department and An Garda Síochána keep such security matters under ongoing review.
765. Deputy Violet-Anne Wynne asked the Minister for Justice further to Parliamentary Question No. 410 of 12 October 2021, the breakdown of funding to the 63 domestic, sexual and gender-based violence groups in receipt of Departmental funding for victim support services in each of the years 2018 to 2021, in tabular form; and if she will make a statement on the matter. [53025/21]
Amharc ar fhreagraThe information requested by the Deputy is currently being compiled and I will write to her directly when it is available.
766. Deputy Darren O'Rourke asked the Minister for Justice the number of gardaí by rank attached to each burglary response unit as of 26 October 2021, in tabular form. [53048/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
767. Deputy Darren O'Rourke asked the Minister for Justice the number of gardaí by rank attached to each of the regional cybercrime hubs as of 26 October 2021, in tabular form. [53049/21]
Amharc ar fhreagraI can assure the Deputy that the prevention and investigation of cybercrime is a priority for the Government and for An Garda Síochána. Budget 2022 provides over €2 billion in funding to An Garda Síochána. Since 2016 the budget for An Garda Síochána has increased by approximately €500m, or 33%. These funds are providing for continued investment in the Garda National Cyber Crime Bureau, with ongoing expansion of the Bureau between this year and next, including the recruitment of 20 civilian expert posts at engineer grade.
As the Deputy will be aware, the allocation of funding for specific Garda projects is a matter for the Garda Commissioner, who under the Garda Síochána Act 2005, is responsible for the management and administration of the Garda organisation.
I am informed by the Garda Authorities that the expansion of the Garda National Cyber Crime Bureau (GNCCB) is a priority project under the A Policing Service for our Future programme. The aim of this project is to significantly enhance the capacity and capabilities of GNCCB to tackle cybercrime in this jurisdiction, including the establishment of six GNCCB Cyber Satellite hubs strategically located throughout the country. I understand that the roll out of these regional cybercrime units is ongoing and to date funding has been provided for four Regional Cybercrime Hubs established in Wexford, Mullingar, Cork and Galway. Planning is currently underway for the establishment of two additional GNCCB Cyber Satellite hubs.
The Garda National Cyber Crime Bureau (GNCCB) is led by a Detective Chief Superintendent. As of 30 September there are 45 Garda members attached to GNCCB, which represents an almost 100% increase on the 23 Garda members attached to the Bureau at end December 2020.
The Garda authorities have provided me with the below table, which details the number of Gardaí by rank attached to each of the regional cybercrime hubs as of 26 October 2021.
|
Cyber Satellite Hub |
Detective Sergeant |
Detective Garda |
|
Cork |
1 |
5 |
|
Galway |
- |
4 |
|
Mullingar |
- |
3 |
|
Wexford |
- |
4 |
|
Total |
1 |
16 |
768. Deputy Darren O'Rourke asked the Minister for Justice the estimated cost in 2022 of training 17 extra Garda forensic collision investigators in tabular form. [53050/21]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is by law responsible for the management and administration of An Garda Síochána, including all matters related to training and recruitment. As Minister, I have no direct role in these operational matters. I am assured however that the distribution of resources between the different Garda units and specialist roles is kept under constant review, in light of operational needs.
I am advised by the Garda authorities that the maximum number of members who can be facilitated on a Forensic Collision Investigator Training Courses is 12, which is restricted by the external trainers AITS UK. Therefore two courses would be required in order to train 17 members. Costs for AITS UK remain the same for each course up to a maximum of 12 members attending training. The cost of each course is €32,000, giving a total cost of €64,000 for training 17 members.
I am further advised that there are additional costs associated with overtime, subsistence and travel costs for a Senior FCI Instructor, again for two courses. The cost per course is €6,500, giving a total of €13,000 for two courses to be run. Therefore, the total cost for training 17 Forensic Collision Investigators is estimated by the Garda authorities to be €77,000.
The table below, which was furnished to me by the Garda authorities, outlines these costs.
|
Details. |
Cost Per Course |
€ |
|
Training costs for External Trainers (AITS) UK |
€32,000 per course |
€64,000 |
|
Overtime/Subsistence/Travel costs for Senior FCI Instructor Garda College |
€6,500 per course |
€13,000 |
|
Total Cost |
€38,500 |
€77,000 |
Please note that these figures are based on 2019 costings.
769. Deputy Darren O'Rourke asked the Minister for Justice the ceiling for capital investment in her Department in 2022 and 2023, in tabular form. [53051/21]
Amharc ar fhreagraThe capital allocations for the Justice sector in 2022 and 2023 are €270 million and €272 million respectively.While the allocation for 2023 remains to be fully allocated across the various votes in the Justice sector, depending on the phasing and timing of various projects, the amount of €270 million in 2022 is allocated to the votes outlined below in tabular form.
|
Vote |
€000 |
|
Justice |
30,733 |
|
Garda |
146,500 |
|
Courts Service |
59,967 |
|
Prisons Service |
32,800 |
I wish to advise the Deputy that the breakdown at individual subhead level will be available in the upcoming Revised Estimate Volume for 2022.
770. Deputy Darren O'Rourke asked the Minister for Justice the number of new motorcycles attached to roads policing units that came into the fleet to date in 2021; and the number of motorcycles withdrawn from the fleet to date in 2021, in tabular form. [53052/21]
Amharc ar fhreagraAs 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. This includes the distribution of resources across the various Garda Divisions. As Minister, I have no direct role in this matter.
The resources provided by the Government to An Garda Síochána have reached unprecedented levels, with an allocation of €1.952 billion in 2021 and over €2 billion in Budget 2022, which includes €12 million for investment in the Garda fleet.
I am informed by the Garda authorities that as of 30 September 2021, the most recent date for which the information requested is available, there was 1 new motorcycle assigned to the Garda fleet in 2021. I am also informed that no motorcycles have been removed from the fleet in 2021, as of 30 September.
The Garda authorities have advised me that there are 128 motorcycles assigned to the Garda fleet as of 30 September 2021.
