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Tuesday, 25 Jan 2022

Written Answers Nos. 485-502

Citizenship Applications

Ceisteanna (485)

Michael Ring

Ceist:

485. Deputy Michael Ring asked the Minister for Justice the status of an application by a person (details supplied) for Irish citizenship; when a decision will issue in this case; and if she will make a statement on the matter. [3176/22]

Amharc ar fhreagra

Freagraí scríofa

This application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

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.

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing.

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In 2021, 11,512 citizenship decisions were delivered, significantly exceeding the levels achieved in the last two years. Additional staff have also been assigned to the citizenship team. Based on these measures, my Department's objective is to achieve an improved timeframe of 6-9 months for decisions on a majority of applications during 2022.

Residency Permits

Ceisteanna (486)

Bernard Durkan

Ceist:

486. Deputy Bernard J. Durkan asked the Minister for Justice the current and or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [3140/22]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy was the subject of a transfer decision to Belgium under the EU Dublin III Regulation. This transfer order was effected on 22 January 2022.

As the Deputy will be aware, the Dublin III Regulation determines which EU Member State is responsible for examining international protection applications of non-EEA nationals. It is based on the principle that the first Member State to facilitate entry into the EU, is responsible for examining an application for international protection.

The objective of the Dublin Regulation is to ensure quick access to asylum procedures. Since March 2020, 11 applicants for international protection have been transferred to other EU Member States in order to expedite their application for protection. Transfers to other EU Member States, in line with the Dublin III Regulations, continue to operate within the COVID-19 public health guidelines.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

An Garda Síochána

Ceisteanna (487)

Thomas Pringle

Ceist:

487. Deputy Thomas Pringle asked the Minister for Justice the number of gardaí in the Ballymun and Finglas drugs unit and in the Ballymun and Finglas community policing unit in each of the years 2011 to 2021; and if she will make a statement on the matter. [3145/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. The allocation of Garda resources is made in light of identified operational demands. This includes decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in these matters.

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. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

As the Deputy is aware, Ballymun Garda station is located within DMR North Division and Finglas Garda station is located within the DMR West Division.

The table below, provided to me by the Garda authorities, shows the number of Gardaí attached to the DMR North Drugs Unit and DMR West Drugs Unit. The table also includes the number of Gardaí attached to Ballymun and Finglas Community Policing Units.

Garda Allocation

Budget 2022 has provided an unprecedented allocation of in excess of €2 billion to An Garda Síochána, which includes funding for the recruitment of 800 additional Garda Trainees and 400 Garda staff, subject to the public health situation. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe and preventing crime in all its forms.

Domestic, Sexual and Gender-based Violence

Ceisteanna (488)

Neale Richmond

Ceist:

488. Deputy Neale Richmond asked the Minister for Justice the steps that her Department is taking to address violence against women; and if she will make a statement on the matter. [3160/22]

Amharc ar fhreagra

Freagraí scríofa

I can assure the Deputy I am committed to tackling domestic, sexual and gender-based violence (DSGBV) in all its forms, and to ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities.

The prioritisation of this hugely important work is evident in the policy and legislative developments implemented by this Government and those that are currently being progressed. Additionally, increased budget allocations have been secured this year in order to address such heinous and unacceptable behaviour.

As the Deputy may be aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.

The new Strategy will be structured around the four pillars or goals of the Istanbul Convention which are

- Prevention

- Protection

- Prosecution

- Co-ordinated Policies

Under each of these high level objectives there will be a number of specific aims listed but the Strategy and aims will be high level in tone and content.

The strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. In the coming weeks, I will begin a final round of consultation so that the strategy and associated implementation plan can be published as soon as possible.

Last year, on foot of the audit, it was agreed that the Department of Justice will continue to have lead policy responsibility for DSGBV.

My Department will also assume responsibility for services for victims of domestic, sexual and gender-based violence, in addition to policy responsibility. A detailed plan for how this will work is in preparation and will be brought to Government for decision.

Also this year, I will be introducing legislation to strengthen the law in a number of areas.

The new Garda Powers Bill will provide a clear and transparent statutory basis for the existing police powers of search, arrest and detention.

The Digital Recordings Bill provides for the necessary modern technology in the investigation of serious crime

Before Easter, I will publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation. While the act of stalking itself is already covered by existing law, I will propose changes to make the law clearer and stronger:

- Explicitly reference stalking as a criminal offence

- Make it clear that stalking includes watching or following a victim, even where they are not aware of being watched or followed

- Make it clear that impersonating the victim, and then communicating with a third party, is illegal

- Update the law to ensure that it covers all forms of modern communications

- I will also consider introducing a provision to allow a victim, in very serious cases, apply to the court for an order to prevent the alleged perpetrator from communicating with them in advance of a trial.

Separately, non-fatal strangulation is already an offence prosecutable under the Non-Fatal Offences Against the Person Act 1997. However, I believe that creating a new, standalone offence should encourage victims to come forward and report what has happened to them. It has been shown that this crime can be an indication of future, lethal violence and is a risk factor for homicides against women in the home.

In the summer, I will publish a new Hate Crime Bill which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender. This will mean that certain types of crimes can be prosecuted as hate crimes where they are motivated by misogyny.

For other crimes, where there isn’t a dedicated hate-aggravated offence, the new legislation will require the court to take misogyny into account where there is evidence that this was the motivation, to reflect that fact in the sentence, and to reflect the fact that the crime was aggravated by this form of prejudice in the formal record. The aggravated offences will generally carry an enhanced penalty, compared to the ordinary form of the offence, and the record of any conviction for such an offence would clearly state that the offence was a hate crime.

Before the end of September, I will publish a new Sexual Offences Bill, which will introduce important changes including:

- Extending victim anonymity to further categories of victims

- Repealing provisions for sentences to be delivered in public

- Legal representation for victims

Separately, I will seek to enact the Sex Offenders Bill within months which will strengthen the management and monitoring of sex offenders in the community.

I will shortly sign an order to bring into operation the Criminal Procedure Act 2021. This Act provides for the use of preliminary trial hearings which will significantly improve the trial process for victims of sexual offences, including by reducing delay and disruption that might re-traumatise victims. They will also allow for sensitive issues to be addressed before the trial starts, such as questioning a victim about their sexual history.

Education and awareness raising are also part of the Government’s fight against sexual and gender-based violence. Over the past number of years, the Department of Justice have been working to raise awareness generally about how we, as a society, need to stop excusing unacceptable behaviour.

The No Excuses campaign highlights this determination to challenge people and the culture, prejudice and values that allow any form of sexual harassment or sexual violence. Under the Third National Strategy the Government will continue to work with our partners on raising awareness of DSGBV and on changing attitudes to it.

This is an area of work I have prioritised since becoming Minister for Justice, but I know much more needs to be done, and I'm determined to do much more.

Domestic, Sexual and Gender-based Violence

Ceisteanna (489)

Neale Richmond

Ceist:

489. Deputy Neale Richmond asked the Minister for Justice if she will consider increasing funding towards organisations dedicated to tackling violence against women; and if she will make a statement on the matter. [3161/22]

Amharc ar fhreagra

Freagraí scríofa

I can assure the Deputy this Government is committed to tackling domestic, sexual and gender-based violence (DSGBV) in all its forms, and to ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities.

The prioritisation of this important work is evident in the increased budget allocations that have been secured this year in order to address such heinous and unacceptable behaviour.

My Department provides funding to support the work of An Garda Síochána to combat such violence. It also provides funding to promote and assist the development of specific support services for victims of crime within the criminal justice system, which of course includes victims of domestic and sexual crime.

Under Budget 2022, a total of €13m was allocated to my Department for this work. This represents an increased allocation of €5.35m on last year which will enable us to roll out specific awareness raising and training programmes to combat domestic, sexual and gender based violence. It will also allow us to provide additional supports to NGOs and specific domestic violence intervention programmes and it will support a number of front line activities.

As part of this, an additional €1.1m will be used to put in place a legal advice and legal aid service in court for victims of sexual violence and €1 million is being provided to the Garda vote to refurbish and upgrade the Divisional Protective Service Units. This will allow us to better support and protect vulnerable victims.

In 2021, Tusla allocated €28m in core funding for DSGBV services plus €2m in contingency funding to address challenges arising from Covid-19. Funding for DSGBV has increased from €23.8m in 2018 to €30m in 2022. Further funding and resources will be allocated to address the recommendations arising from Tusla’s Accommodation Review.

As the Deputy may be aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.

The Strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. The new Strategy will be structured around the four pillars or goals of the Istanbul Convention which are

- Prevention

- Protection

- Prosecution

- Co-ordinated Policies

Under each of these high level objectives there will be a number of specific aims listed but the Strategy and aims will be high level in tone and content.

A detailed action plan setting out how each of these aims will be achieved, who is responsible for them and the timeframe for delivery is currently being drafted with the sector so that it is targeted, ambitious and deliverable.

In the coming weeks, I will be inviting feedback through a focused consultation process on the final draft to ensure the Strategy reflects the areas that people feel need the most attention.

I expect to bring the finalised strategy to Government in March, and I will oversee the implementation of the strategy.

Last year, on foot of the audit, it was agreed that the Department of Justice will continue to have lead policy responsibility for DSGBV. My Department will also assume responsibility for services for victims of domestic, sexual and gender-based violence, in addition to policy responsibility.

A detailed plan for how this will work is in preparation and will be brought to Government for decision.

Domestic, Sexual and Gender-based Violence

Ceisteanna (490)

Neale Richmond

Ceist:

490. Deputy Neale Richmond asked the Minister for Justice if she will outline a schedule of funding for organisations tackling violence against women to ensure that their work is sustainable to ensure retention of staff and specialisation; and if she will make a statement on the matter. [3163/22]

Amharc ar fhreagra

Freagraí scríofa

I can assure the Deputy that I am deeply committed to tackling domestic, sexual and gender based violence in all its forms, and to supporting victims of such heinous crimes.

As the Deputy may be aware, my Department provides funding to promote and assist the development of specific support services to victims of crime, including victims of domestic and sexual crime, within the criminal justice system. Our commitment in this area is reflected in the additional funding that has been secured by my Department under Budget 2022. A total of €13m has been allocated to further our work in these important areas.

This includes an additional €2.4m allocated for specific awareness raising and training programmes on domestic, sexual and gender based violence (DSGBV), bringing to €5.35m the funding available for combatting DSGBV.

€4.9m has been allocated to supporting Victims of Crime – this includes the retention of emergency COVID-19 funding of €400k and an additional €785,000 in direct supports to NGOs and specific domestic violence intervention programmes

An additional €1.1m will be used to begin putting in place a legal advice and legal aid service in court for victims of sexual violence.

And an additional €1 million is being provided under the Garda Vote to refurbish the Divisional Protective Service Units.

The additional funding secured under Budget 2022 will allow us to continue to build on the work undertaken since I have taken office in this Department. We will continue to improve the system for victims, to better support them and through various means to raise awareness of, and to combat, all forms of domestic, sexual and gender based violence.

I am unable to provide the Deputy with a detailed breakdown for 2022 as the final allocations have not been finalised.

In addition to the above, a review of the supports and funding of civil society organisations providing frontline services was conducted to identify where gaps may exist and how to bridge them. Specific geographical areas and categories of victims that are not adequately covered by NGO supports have been identified and my Department agreed revised funding of €445,000 to ensure that we fill the gaps in supports and categories of victims identified.

To promote more sustainable service delivery and planning, we are also offering multi-annual funding commitments to key NGOs we work with and where funding covers staff salaries. These funding grants cover accompaniment to court, to Garda interviews and to sexual assault treatment units and emotional support.

Tusla has statutory responsibility for the care and protection of victims of domestic, sexual and gender-based violence. I have been informed by Minister O'Gorman that he has secured an increase of €41m for Tusla under Budget 2022 which includes the budget for funding organisations that deliver frontline services, including the funding of refuge spaces. Since 2014, this part of Tusla's budget has almost doubled from €17.5m to €30m in 2021.

As I am sure the Deputy is aware, last week it was announced that my Department is going to assume responsibility for services for victims of domestic, sexual and gender-based violence, in addition to the policy responsibility that my Department holds. We are currently working on a detailed plan for how this will work which will be brought to Government.

I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.

The Strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out.

In the coming weeks, I will be inviting feedback through a focused consultation process on the final draft to ensure the Strategy is correctly emphasising the areas that people feel need the most attention.

I expect to bring the finalised strategy to Government in March, and I will oversee the implementation of the strategy.

Domestic, Sexual and Gender-based Violence

Ceisteanna (491)

Neale Richmond

Ceist:

491. Deputy Neale Richmond asked the Minister for Justice if she will fund the Rape Crisis National Advocacy Programme Pilot to ensure that every survivor of sexual violence has access to a professional advocate as opposed to the current volunteer led service; and if she will make a statement on the matter. [3165/22]

Amharc ar fhreagra

Freagraí scríofa

I want to assure the Deputy that I am deeply committed to tackling domestic, sexual and gender based violence in all its forms, and to supporting victims of such heinous crimes.

I understand that a group led by the Rape Crisis Network is examining the issue of putting a full-time professional advocacy service in place to replace the existing volunteer-led court accompaniment services funded by my Department.

As the Deputy will be aware, my Department operates a funding scheme for NGOs who provide specific supports to victims of crime, which of course includes victims of sexual violence. These services provide important information and support, including emotional support, court accompaniment, and accompaniment to Garda interviews, to sexual assault treatment units and referral to other services.Under this scheme, organisations that provide support to victims of sexual crime, such as Rape Crisis Centres, can apply to receive funding. I should also say that many of the other organisations who receive funding from the Victims of Crime fund, such as Women’s Aid and the Crime Victims Helpline, also provide support to victims of sexual violence, even if that is not their primary remit.Our commitment in this area is reflected in the additional funding that has been secured by my Department under Budget 2022 with a total of €4.9m allocated to Victims of Crime. This includes the retention of emergency COVID-19 funding of €400,000 to address the impact of the pandemic on support services and an additional €785,000 in direct supports to NGOs and for specific domestic violence intervention programmes. This will be important to ensure the momentum gained in supporting victims of domestic and sexual violence throughout the pandemic continues to grow.As part of the implementation of Supporting a Victims Journey , we carried out a review of the supports and funding of civil society organisations providing frontline services to identify where gaps exist. At the end of last year, I announced an additional €445,000 in funding for 18 organisations to bridge the gaps identified. One outcome of this is that court accompaniment services will now be available to all victims regardless of their location.

Supporting a Victims Journey is a detailed roadmap for giving full effect to the O’Malley recommendations. It includes a commitment to provide for preliminary trial hearings and the recently enacted Criminal Procedure Act delivers on that commitment. This legislation introduces key changes to how questioning on prior sexual history will unfold at trial. Other than in exceptional circumstances, the Act requires an application to question a victim on their prior sexual history to be made at a preliminary trial hearing, before the commencement of the trial. This will be of great help to victims in removing uncertainty around what they may face.

The implementation of Supporting a Victim's Journey will also ensure the victim's right to have the same legal representation at the preliminary trial hearing and during the trial itself if an application to question them about prior sexual history is made at the preliminary trial hearing and is granted. In such a case, the recommendations also require the Legal Aid Board to endeavour to ensure that the victim is represented by counsel of a level of seniority similar to counsel representing the prosecution and defence.

The victim will also be entitled to their own, dedicated legal advice and support throughout the process (not just during the court case) and will be entitled to legal aid for this purpose.

Under Budget 2022, I have secured an additional €1.1m to be used to begin putting in place a legal advice and legal aid service in court for victims of sexual violence. My Department will examine any recommendations or applications that are submitted when the work being led by the Rape Crisis Network is complete, in particular what the rationale may be for discontinuing the existing volunteer-led service and whether this idea commands support across the sector.

Central Statistics Office

Ceisteanna (492)

Neale Richmond

Ceist:

492. Deputy Neale Richmond asked the Minister for Justice if she will work with the Central Statistics Office to develop a national sexual violence survey and ensure that this is carried out regularly; and if she will make a statement on the matter. [3166/22]

Amharc ar fhreagra

Freagraí scríofa

This Government is committed to preventing and addressing sexual violence in Ireland. It is extremely important to Government, but more importantly to victims of this violence, that policy is effective and driven by accurate, up to date, reliable data. Knowledge and information are essential to making effective policies to prevent and combat sexual violence.

The SAVI Report (which was commissioned by the Dublin Rape Crisis Centre and first published in 2002) was a really important piece of research. It was the first national survey to assess the prevalence of sexual abuse and violence in Ireland and it gave us insights into the attitudes and perceptions of the general public to sexual violence.

It has proved very useful but it is clear that 20 years on we need an up-to-date survey.

That is why my Department engaged the CSO to develop and deliver a significant new national survey on the prevalence of sexual violence in Ireland. It will look in detail at the experience of sexual violence and abuse for both women and men in Ireland.

The work on this started back in 2018 but it is complex and it is sensitive and we knew it would take time to get it right.

At the outset it was envisaged that the entire process would take in the region of five years – and despite the difficulties the pandemic has presented this remains on track.

In fact, a pilot survey has run and the findings are being examined.

I can confirm for the Deputy that we will be repeating the survey at regular intervals so that we continue to have up-to-date information to help develop the most effective policy, legislation and services. It will also allow is to better evaluate the impact that our work is having.

Work Permits

Ceisteanna (493)

Jackie Cahill

Ceist:

493. Deputy Jackie Cahill asked the Minister for Justice the way in which a Filipino person whose fiancé is an Irish citizen and living in Ireland can obtain a visa to come to Ireland to work given that one needs a work permit to get a visa to come to Ireland and one needs a job offer to get a work permit but it is extremely difficult to get a job offer without a work permit; and if she will make a statement on the matter. [3235/22]

Amharc ar fhreagra

Freagraí scríofa

In order to work in Ireland a non-EEA National, unless they are exempted, must hold a valid employment permit from the Department of Enterprise, Trade and Employment (DETE). Full details of the various types of employment permits available can be found on that Department's website.

The applicant must have a job offer or employment contract to apply. Permission will only be granted for work that is highly skilled or where there is a skill shortage in Ireland.

After a visa-required applicant receives an employment permit from DETE they must then apply to my Department for a long stay employment visa also called 'D' visas.

The granting of a work permit by DETE has no bearing on whether a visa will subsequently be granted by my Department. These are two very distinct application processes with different checks and procedures in place in each respective Department.

I can also advise the Deputy that, in the circumstances outlined, if the person referred to is the de facto partner of an Irish citizen they may wish to consider applying for De Facto preclearance and a long stay ‘D’ Visa to travel to Ireland on that basis.

Further information is available on my Department's Irish Immigration website and may be of some assistance when creating a visa application:

(www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-irish-national/de-facto-partner-of-an-irish-national/).

The onus, as in all cases, is on the applicant to satisfy the Visa Officer that a visa should be granted.

An Garda Síochána

Ceisteanna (494, 497)

Jim O'Callaghan

Ceist:

494. Deputy Jim O'Callaghan asked the Minister for Justice when the review into the age limits for joining An Garda Síochána will be completed; the status of the review; and if she will make a statement on the matter. [3289/22]

Amharc ar fhreagra

Catherine Murphy

Ceist:

497. Deputy Catherine Murphy asked the Minister for Justice her plans to consult with the Policing Authority and An Garda Síochána regarding reforming Garda recruitment policy to increase the age limitations of recruits and to allow for qualified members of other European police services to transfer into and apply for police duties in An Garda Síochána; and if she will make a statement on the matter. [3364/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 494 and 497 together.

As the Deputies will be aware, recruitment to An Garda Síochána is governed by legislation, in particular the Garda Síochána (Admissions and Appointments) Regulations 2013. These regulations provide that the maximum age at which a person may apply to join An Garda Síochána as a full time member is not more than 35 years of age on midnight on the closing date on any Garda recruitment competition.

There are no plans to change the age limits for Garda recruitment in advance of the upcoming 2022 competition. Any amendments to the Garda Síochána (Admissions and Appointments) Regulations 2013 are carried out in consultation with the Garda Commissioner and Policing Authority

I can inform the Deputies that an Expert Review Group was established under the remit of the Garda Commissioner to examine the issues of Garda recruitment, recruit education, entry pathways, and learning and development. This review was a commitment under A Policing Service for our Future, the Government’s Implementation Plan for the recommendations in the Report of the Commission on the Future of Policing in Ireland. The Group, which was to operate in an advisory capacity, was tasked to examine a variety of matters including the age of recruitment to An Garda Síochána. The report of the Expert Review Group is currently being considered by the Garda Commissioner.

Current legislation provides that nationals of an EU Member State, an EEA State, the United Kingdom or the Swiss Confederation are eligible to apply to join An Garda Síochána as recruits, or to join the Garda Reserve, through the normal competitions. The Garda Síochána Act 2005 also provides for the direct recruitment, by way of open competition, of members of the PSNI into An Garda Síochána at certain senior levels, i.e. Superintendent, Chief Superintendent and Assistant Commissioner. There is also provision for the limited–term secondment of PSNI officers under certain circumstances.

An Garda Síochána

Ceisteanna (495)

Catherine Murphy

Ceist:

495. Deputy Catherine Murphy asked the Minister for Justice the procedures and mechanism for persons with policing experience and qualifications gained in another jurisdiction, that is, another policing service or in Northern Ireland that can enable them to transfer into An Garda Síochána at officer level and detective level; and if she will make a statement on the matter. [3362/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, recruitment to An Garda Síochána is governed by the Garda Síochána Act 2005 and the Garda Síochána (Admissions and Appointments) Regulations 2013. There are a number of routes under the Garda Síochána Act 2005 through which individuals with policing experience and qualifications gained in another jurisdiction may join the organisation.

Current legislation provides that nationals of an EU Member State, an EEA State, the United Kingdom or the Swiss Confederation are eligible to apply to join An Garda Síochána as recruits, or to join the Garda Reserve, through the normal competitions.

The Garda Síochána Act 2005 also provides for the direct recruitment, by way of open competition, of members of the PSNI into An Garda Síochána at certain senior levels, i.e. Superintendent, Chief Superintendent and Assistant Commissioner.

The Deputy may also wish to note that arrangements are in place to allow for the secondment of officers from the PSNI to certain ranks in An Garda Síochána for a period not exceeding 3 years. The Inter-Governmental Agreement on Police Co-operation obliged both Governments to introduce the necessary administrative and legislative measures to provide for exchanges, secondments and appointments between the Garda Síochána and the PSNI. Sections 52 - 54 of the Garda Síochána Act 2005 gives effect to these obligations. Protocols are in place between the Garda Commissioner and the Chief Constable of the PSNI which provide for the implementation of a programme of personnel exchanges and secondments between the two police services.

As the Deputy will be aware, in December 2018 the Government endorsed the report of the Commission on the Future of Policing in Ireland and the report is now being implemented in accordance with the targets and timelines set out A Policing Service for our Future .

Among the issues highlighted in the report was that An Garda Síochána should reflect the diversity of Irish society and should therefore develop recruitment strategies to achieve a more diverse intake. An Expert Review Group was established under the remit of the Garda Commissioner to examine the issues of Garda recruitment, recruit education, entry pathways, and learning and development. This review was a commitment under A Policing Service for our Future . The report of the Expert Review Group is currently being considered by the Garda Commissioner.

An Garda Síochána

Ceisteanna (496)

Catherine Murphy

Ceist:

496. Deputy Catherine Murphy asked the Minister for Justice the number of police officers serving in An Garda Síochána that are on secondment from police services outside Ireland; the number of members of An Garda Síochána currently seconded to the PSNI and law enforcement bodies in other States; and if she will make a statement on the matter. [3363/22]

Amharc ar fhreagra

Freagraí scríofa

I 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.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question number 496 of 25 January 2022 where you asked for the number of police officers serving in An Garda Síochána that are on secondment from police services outside Ireland; the number of members of An Garda Síochána currently seconded to the PSNI and law enforcement bodies in other States.
As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the report was to hand.
I am informed by the Garda Authorities that there are currently 13 members of An Garda Síochána seconded to the United Nations UNFICYP Cyprus Mission.
There are currently three members of An Garda Síochána seconded to INTERPOL HQ in Lyon, France and three members temporarily seconded to EUROPOL in the Hague as Seconded National Experts.
There is one member of An Garda Síochána also assigned to the Maritime Analysis and Operational Centre - Narcotics (MAOC-n) based in Lisbon, Portugal.
I am informed that there are no serving members of An Garda Síochána seconded in from other police services outside of Ireland. I am further informed that there have been no exchanges/secondments with the PSNI since 2019, principally as a direct result of the Covid pandemic.
I hope that this information is of assistance.
Question No. 497 answered with Question No. 494.

Policing Co-operation

Ceisteanna (498)

Catherine Murphy

Ceist:

498. Deputy Catherine Murphy asked the Minister for Justice if she has in conjunction with her officials and or the Garda Commissioner developed a plan for an all-Ireland police force. [3365/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, there is close and ongoing co-operation between An Garda Síochána and the PSNI on all aspects of policing, with a particular focus on combatting cross-border crime. The Garda Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing co-operation, have repeatedly emphasised that the close and high quality co-operation between their services has been instrumental in combating criminality, preventing attacks and saving lives.

The close co-operation between police services on both sides of the Border has been a key element of policing for some time and Commissioner Harris and Chief Constable Simon Byrne are in regular contact in this regard.

The current cross-border cooperation mechanisms are the result of extensive consultation and agreement between the police authorities and governments in both jurisdictions.

The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island. All of these are important elements in enabling the two services to work more effectively together in tackling crime and promoting community safety for all communities on this island.

Both An Garda Síochána and the PSNI are involved in the Joint Agency Task Force, established under the Fresh Start Agreement, which is comprised of both police services as well as other relevant agencies from both sides of the border. The Joint Agency Task Force has made strong progress in tackling cross-border criminal activity across a range of crime areas, not just the traditional smuggling activities, but also rural and farm crimes, organised burglary and drug crime.

A good practical example of on-going co-operation is the Annual Cross Border Conference on Organised Crime. The Conference brings officers from An Garda Síochána and the PSNI together to enhance co-operation between all law enforcement agencies on both sides of the border under the shared objective of combatting organised crime and the next one is due to take place in March.

I meet and maintain contact with the Northern Ireland Minister of Justice, Naomi Long MLA, to address matters of mutual concern and enhance effective co-operation and co-ordination on all criminal justice matters, including policing, and we are due to meet next week on these issues. In addition, a number of policy advisory groups consisting of officials from both jurisdictions meet regularly to exchange best practice, share learning and identify areas where cross-border collaboration would bring benefits.

The shared objective of the Government and the authorities in Northern Ireland is to enhance community safety on the whole of this island. We share many challenges in Ireland, North and South, and we will continue to work together in tackling them.

An Garda Síochána

Ceisteanna (499)

Mark Ward

Ceist:

499. Deputy Mark Ward asked the Minister for Justice the number of gardaí per Dublin metropolitan region area in each of the years 2011 to 2021; and if she will make a statement on the matter. [3394/22]

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 deployment of Garda members. As Minister, I have no direct role in these matters.

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. I further understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.

I am advised by the Garda authorities that the table below details the number of Gardaí assigned to each Division within the Dublin Metropolitan Region (D.M.R) in each of the years 2011 to 2021.

Gardai allocated

As the Deputy will appreciate, Garda numbers nationwide can be affected by a number of factors, including retirements, medical discharges and resignations. The impact of policing measures and other steps to support the public health restrictions has also, exceptionally, had an impact across the country over the past two years. However, I am pleased to note that recruitment has resumed and that there are currently 231 trainees engaged in training.

I am also pleased to note that 148 members of An Garda Síochána were recently assigned to Garda Divisions throughout the country following two attestations this month.

Budget 2022 has provided an unprecedented allocation of in excess of €2 billion to An Garda Síochána, which includes funding for the recruitment of up to an additional 800 Gardaí and a further 400 Garda staff, subject to the public health situation. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe.

For the Deputy's information, detailed statistics on Garda workforce numbers are published on my Department's website and updated on a monthly basis.

Legislative Measures

Ceisteanna (500)

Paul Murphy

Ceist:

500. Deputy Paul Murphy asked the Minister for Justice her plans to implement legislation to protect those facing harassment but who would be excluded from applying for a barring or protection order; and if she will make a statement on the matter. [3396/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, it is an offence to persistently follow, watch, pester, beset or communicate with or about a person by any means.

Under Coco's Law, or the Harassment, Harmful Communications and Related Offences Act, which was enacted last year, the maximum penalty for harassment has been increased from seven years to ten years and/or an unlimited fine.

The penalty is now on the higher end of the range of penalties imposed internationally for harassment. I would urge any person who believes they are a victim of this crime to report it to An Garda Síochána.

Coco's Law also provides for a new offence of sending, distributing or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim. This offence covers once-off harmful communications, as distinct from harassment which requires persistent communication. This new offence carries a maximum penalty of an unlimited fine and/or 2 years’ imprisonment.

As the Deputy may be aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.

The Strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. One of the actions in the draft strategy is to review the criminal law to ensure that it is sufficiently robust to address harassment, including on the street, in social venues, etc. This action is aimed at ensuring that low level intimidation and harassment is adequately addressed.

In the coming weeks, I will be inviting feedback through a focused consultation process on the final draft of the Strategy to ensure it reflects the areas that people feel need the most attention.

I expect to bring the finalised Strategy to Government in March and I will oversee its implementation.

Departmental Data

Ceisteanna (501)

Pauline Tully

Ceist:

501. Deputy Pauline Tully asked the Minister for Justice the number of persons convicted for possession of knives and other articles under section 9(1) Firearms and Offensive Weapons Act 1990 in 2020, 2021 and to date in 2022, in tabular form; and if she will make a statement on the matter. [3419/22]

Amharc ar fhreagra

Freagraí scríofa

I condemn in the strongest possible terms any form of assault or use of a knife or other weapon to threaten and intimidate. Violent crime such as this has no place in our society.

I would appeal to anyone who believes that carrying or using any form of weapon, be it a knife, or even a fist, is justified, to stop and think of the lasting damage and consequences of those decisions. Even if you believe that you are protecting yourself, the lasting impact of an assault is felt long after the blow is struck.

As the Deputy may be aware, I chair the expert Forum on Anti-Social Behaviour and as part of the Forum’s work, I have established a sub-group to look at interventions and responses to the issue of knife crime. This group is composed of myself, officials from my Department, youth and community organisations, the Probation Service, Gardaí and local authorities.

Initially the group’s work is focused on understanding the existing evidence on the effectiveness of measures to address knife crime and the reasons why some people carry weapons. We are examining a range of approaches, including using a public health model and also reviewing legislation to see how it might support more effective responses.

I should note that this is not a simple issue to address and we have to balance the strong impulse to react based on our shared outrage at violent crimes with a careful consideration of the best available evidence on what is most likely to yield improvements in our law, our policies and their practical implementation. My overriding concern is that we pursue the actions which have the best chance of being effective and making a real difference.

The work of the group is ongoing but I expect it to conclude in the next few months. I think it is clear that measures to address knife crime are part of the overall response to violent crime. It should be noted, of course, that knife crime is not a “youth crime” issue, although that is one aspect of it, but perpetrators come from all age groups, including a significant number in domestic situations.

There is a comprehensive and robust legal framework in place in Ireland with respect to knife crime, including heavy penalties for breaches of the laws concerned. Indeed, the maximum penalty in the Firearms and Offensive Weapons Act 1990 for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years in an amendment introduced via the Criminal Justice (Miscellaneous Provisions) Act 2009.

I have contacted the Courts Service and have been advised of the figures in the below table for the number of persons convicted under Section 9(1) of the Firearms and Offensive Weapons Act 1990 (as amended). It should be noted that the number of total convictions differs to the number of persons as a person may be convicted on multiple counts, and therefore this information is included for the Deputy's information.

Year

No of Offences where convictions were recorded

No of Persons convicted

Jan - Dec 2020

490

434

Jan - Dec 2021

531

471

Total

1,021

905

I have been advised that the Courts Service can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.

I have also been advised that it is not possible to provide statistics for 2022 to date at present.

An Garda Síochána

Ceisteanna (502)

Pauline Tully

Ceist:

502. Deputy Pauline Tully asked the Minister for Justice the number of gardaí by rank attached to the Garda national drugs and organised crime bureau as of 1 January 2020, 1 January 2021 and 17 January 2022, in tabular form; and if she will make a statement on the matter. [3420/22]

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. This includes responsibility for personnel matters and the deployment of Garda members. As Minister, I have no direct role in these matters. I understand 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.

The Deputy will also be aware that all Gardaí have a responsibility in the prevention and detection of criminal activity, whether it be in the area of drug offences, related crime or otherwise. I can assure the Deputy that An Garda Síochána continues to pro-actively and resolutely tackle all forms of drug crime in this jurisdiction.

In 2015, the Garda Commissioner established a new Garda National Drugs and Organised Crime Bureau (GNDOCB), which brought together the Organised Crime Unit and the Garda National Drug Unit so as to create a robust entity to effectively tackle drugs and organised crime.

The GNDOCB leads on the policing strategy for tackling drugs by demand reduction and supply reduction strategies. In this regard, the Bureau continues its policy of working with Garda Divisional Drug Units nationwide in tackling supply reduction at local level. This work is further supported by other national units, including the Criminal Assets Bureau, in targeting persons involved in the illicit sale and supply of drugs. I am informed that this approach allows for the coordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide.

We have also seen unprecedented international cooperation between An Garda Síochána and police services in other jurisdictions leading to important arrests and drug seizures.

For the Deputy's information, the table below, supplied to me by the Garda authorities, sets out the number of Gardaí by rank attached to the Garda National Drugs and Organised Crime Bureau as of 1 January 2020, 1 January 2021 and 1 January 2022.

Year

Garda

Sergeant

Inspector

Superintendent

Chief Superintendent

Total

01-Jan-20

84

11

4

3

1

103

01-Jan-21

81

8

2

3

1

95

01-Jan-22

79

8

1

3

1

92

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