Written Answers Nos. 591-610
591. Deputy Patrick Costello asked the Minister for Justice if she will provide information regarding the current use of in-cell technology by the Irish Prison Service, aside from telephones, with specific reference to information technology; and the details of upcoming plans and pilots due to be rolled out. [4244/22]
Amharc ar fhreagraI can inform the Deputy that in-cell technology utilised in the Irish Prison Service, aside from telephones, includes the use of restricted mobile devices, such as laptops and tablets.
The Prison Service Psychology Service piloted the use of a restricted mobile device in-cell to conduct individual appointments with a psychologist where clinically necessary during Covid 19. As a result of this successful pilot, restricted mobile device use to conduct individual appointments with psychologists/chaplains is now implemented in all closed prisons across the estate where an outbreak occurs.
The Prison Service also offers restricted mobile device use in-cell as an alternative modality to prisoners based in the National Violence Reduction Unit in order to engage with a Service psychologist.
Funding has been made available in Budget 2022 to commence a trial scheme to introduce the use of mobile tablet devices for Integrated Sentence Management Coordinators to conduct prisoner interviews. The objective of this new project is to improve and increase direct prisoner contact time and enhance record keeping.
Laptops are occasionally provided to prisoners to review evidence for an upcoming legal case, on a case by case basis and subject to the necessary approval. In addition, people in custody who are completing third level courses are provided with laptops, with Governor approval, so that they can continue to type up assignments and access course material while in their cells. Similar to restricted mobile devices, laptops are provided on a temporary basis to the prisoners for as long as they are required.
I can further inform the Deputy that a dedicated prison specific in-cell TV channel is also available in each location, which is in addition to normal TV services. This is a method of communicating information and specifically targeted content directly to prisoners in their cells. It provides for instant universal messaging where an essential or urgent message can be broadcast from a single central source to every in-cell television across the estate in real time. People in custody can access information from a diverse range of prisoner services such as healthcare, psychology, education, library, chaplaincy, Red Cross, Irish Association for Social Inclusion Opportunities (IASIO) and Merchants Quay Ireland (MQI).
It is also utilised to provide ongoing important Covid healthcare information and prison information and advice. Making effective use of digital systems for teaching and learning has been identified as a key objective of the joint Irish Prison Service / Education and Training Boards Ireland Prison Education Strategy 2019 – 2022.
The Prison Service is developing a Blended Learning Plan which will allow prisoners to continue their education through the viewing of educational courses using systems such as the in-cell TV channel.
592. Deputy Catherine Murphy asked the Minister for Justice the number of drivers listed in court for speeding by District Court in each of the years 2016 to 2021 and to date in 2022 which resulted in the case being struck out or dismissed due to the driver contributing to the court poor box; if she will also provide information in instances in which there is a nil figure; and if she will make a statement on the matter. [4257/22]
Amharc ar fhreagraThe table, furnished to me by the Courts Service, shows the number of persons by District Court Area, where their offence for speeding was struck out/dismissed due to the driver making a contribution to the court poor box in each of the years 2016 to 2021.
I am advised by the Courts Service that if there was no order made by the Judge to strike out/dismiss following a payment to the poor box in the relevant Court Area, then that Court Area would not be included in the report.
As the Deputy will appreciate, the Judiciary are independent in the exercise of such functions under the Constitution.
I am further advised by the Courts Service that it is not possible to provide statistics for 2022.
I am advised by the Courts Service that the table below details the number of persons by District Court Area, where their offence for speeding was struck out/dismissed due to the driver making a contribution to the court poor box.
|
Court Area |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
|
ARDEE |
2 |
|||||
|
ATHLONE |
1 |
|||||
|
BALLINASLOE |
2 |
2 |
2 |
2 |
1 |
|
|
BANDON |
3 |
3 |
3 |
7 |
||
|
BANTRY |
1 |
|||||
|
CARLOW |
2 |
|||||
|
CARRICK ON SUIR |
3 |
4 |
1 |
|||
|
CASHEL |
1 |
|||||
|
CASTLEREA |
1 |
|||||
|
CAVAN |
1 |
|||||
|
CLONAKILTY |
1 |
|||||
|
CLONMEL |
2 |
1 |
||||
|
CORK CITY |
1 |
1 |
||||
|
DROGHEDA |
3 |
1 |
1 |
|||
|
DUBLIN METROPOLITAN DISTRICT |
35 |
48 |
7 |
4 |
11 |
|
|
DUNDALK |
4 |
|||||
|
DUNGARVAN |
45 |
23 |
5 |
1 |
||
|
ENNIS |
1 |
|||||
|
GALWAY |
1 |
5 |
||||
|
KILLALOE |
1 |
|||||
|
KILLARNEY |
2 |
|||||
|
LISMORE |
2 |
4 |
||||
|
LONGFORD |
1 |
|||||
|
LOUGHREA |
5 |
3 |
1 |
1 |
||
|
MACROOM |
3 |
4 |
3 |
3 |
||
|
MALLOW |
1 |
|||||
|
MEATH |
1 |
|||||
|
MULLINGAR |
3 |
|||||
|
PORTLAOISE |
7 |
1 |
||||
|
STROKESTOWN |
1 |
1 |
||||
|
TIPPERARY |
1 |
|||||
|
TRALEE |
1 |
|||||
|
TUAM |
3 |
2 |
1 |
2 |
2 |
|
|
VIRGINIA |
2 |
1 |
||||
|
YOUGHAL |
2 |
1 |
1 |
|||
|
Total |
119 |
107 |
29 |
18 |
5 |
32 |
593. Deputy John Brady asked the Minister for Justice the details of the process to claim Irish citizenship for a person who was born in the UK but has been living in Ireland for over 20 years and is married to an Irish-born citizen; and if she will make a statement on the matter. [4261/22]
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. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of a marriage or civil partnership. The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.
Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen. The requirements are: that the couple are married or civil partners to each other for a period of at least three years and are living together, and that immediately before the date of application, they have a period of one year’s continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to two years (i.e. three years in total).
Section 15A(2) further provides that the Minister in their absolute discretion may waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if they are satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
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 and pay the appropriate fees.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/
594. Deputy Patrick Costello asked the Minister for Justice the number of prisons that have had reports from the Office of the Inspector of Prisons in each year since from 2016 to date by prison in tabular form; and the number that have been published. [4266/22]
Amharc ar fhreagraAs the Deputy will be aware the Office of the Inspector of Prisons is a statutory body, independent in how it carries out its work, set up under the Prisons Act 2007. The Inspector's key role is to carry out regular inspections of prisons and the Inspector plays a vital role in ensuring effective independent oversight of our prison system.
For the years 2016 to 2019 there were no prison reports prepared by the Inspector, with the exception of one report on the Mountjoy training unit which was submitted to my office in 2017.
However, it is important to note that annual reports and a number of death in custody reports were submitted by the Inspector for each of those years.
The table below provides a breakdown of the prison inspection reports from the Inspector in each year from 2020 to date.
|
Inspection Reports by Prison |
2020 |
2021 |
Submitted to Minister |
Published |
|
Mountjoy Men’s Prison |
0 |
1 |
1 |
1 |
|
Portlaoise Prison |
0 |
1 |
1 |
1 |
|
Arbour Hill Prison |
0 |
1 |
1 |
1 |
|
Cork Prison |
0 |
1 |
1 |
1 |
|
Shelton Abbey Prison |
0 |
1 |
1 |
1 |
|
Cloverhill Prison |
0 |
1 |
1 |
1 |
|
Wheatfield Prison |
0 |
1 |
1 |
1 |
|
Limerick Prison |
0 |
1 |
1 |
1 |
|
Midlands Prison |
0 |
1 |
1 |
0 |
|
Loughan House Prison |
0 |
1 |
1 |
0 |
|
Castlerea Prison |
0 |
1 |
1 |
0 |
|
Mountjoy Women's Prison - Dóchas Centre |
1 |
1 |
2 |
0 |
|
Mountjoy Training Unit |
0 |
-- |
1 |
1 |
|
** COVID-19 Cocooning Report: “Ameliorating the impact of cocooning on people in custody – a briefing” (seven prisons) |
1 |
1 |
1 |
|
|
Total |
|
|
15 |
10 |
As the Deputy will appreciate, I am keen to ensure the Inspector of Prisons is adequately resourced and to this end, there was an increase in the 2021 budget for the Inspector of Prisons of just over €0.75m, bringing the total 2021 allocation to €1.954m and this has been further increased in the 2022 Budget where the Inspector’s resources increased by a further €0.4m bringing the total allocation to €2.35m.
An Inspection Framework for the Inspection of Prisons in Ireland has been developed and was launched on 15 September 2020. The Framework sets out how the Inspector will conduct inspections of prisons in Ireland. It is informed by the statutory underpinning of the Inspector in legislation, national legislation relating to prisons and prisoners’ rights, and international obligations owing to prisoners. It also draws upon relevant international human rights standards, in particular the preventive approach and standards set by the Optional Protocol to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
595. Deputy Emer Higgins asked the Minister for Justice if her attention has been drawn to the recommendations of an organisation (details supplied) with regard to the open consultation on the review of alcohol licensing in Ireland; the status of the consultation; and if she will make a statement on the matter. [4351/22]
Amharc ar fhreagraThe Programme for Government commits to ‘modernising our licensing laws and application processes’ and my Justice Plan 2021 committed to reviewing and modernising alcohol licensing. In addition, the issue of outdated alcohol licensing legislation was a key challenge identified by stakeholders in the published report of the Night-Time Economy Taskforce.
I intend to modernise alcohol licensing laws through the proposed Sale of Alcohol Bill. The objective of the proposed Bill is to repeal the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008 and to replace them with updated and streamlined provisions more suited to the 21st century. It is also the intention to repeal the Public Dance Hall Act 1935.
I am very conscious of public concerns in relation to alcohol-related harm in our society, and the Bill is being developed in a way that takes account of those concerns regarding health, as well as the interests of consumers, communities and businesses.
With this in mind, on 25 November 2021, I launched a public consultation to seek the views of the public on the modernisation of Ireland’s licencing laws. The consultation, which ran until 21 January 2022, looked at how best to update the existing laws governing the sale and regulation of alcohol in Ireland. Members of the public, academics, sectoral groups and representative organisations were invited to complete an online survey and/or make a written submission to my Department. There was a sizeable response to the consultation and I would like to thank all of those who engaged with this process. My Department is now reviewing the responses received to inform the further development of the Bill.
596. Deputy Peadar Tóibín asked the Minister for Justice if immigrants to Ireland are checked for previous criminal records; if immigrants from the European Union or outside of the European Union are allowed by the State to stay in Ireland in cases in which they have found guilty of a crime, in particular a violent crime; if not, if they are returned to their home country; and the number of European Union and non-European Union immigrants who have been sent home to their home countries in each of the past ten years for having a criminal record or having a history of violent or sexual assault. [4389/22]
Amharc ar fhreagraI can advise the Deputy that EU citizens do not require a visa to travel to Ireland and may reside freely in any EU Member State. Furthermore, EEA and Swiss nationals are not required to register with immigration authorities.
Not all non-EEA nationals are visa required. A full list of visa required and non-visa required countries can be found on my Department's website at: www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf .
All visa applications are automatically checked against the relevant databases. Applicants must declare any criminal convictions and any negative immigration history, such as visa refusals or deportations, in any country. My Department also carries out routine checks with other countries through our local visa office and mission network abroad, as required.
Furthermore, the granting of a visa does not guarantee entry into the State. Entry into the State, for both visa required and non-visa required nationals, is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individual to have all documentation relating to their reasons for entering Ireland ready for presentation to the Immigration Officer to gain entry.
Under the European Communities Free Movement of Persons Regulations 2015, I may make a removal order in respect of an EU national who represents a danger for public policy or public security if their conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. If an EU national residing in Ireland is found guilty of a crime, including a violent crime, the Garda National Immigration Bureau will notify my Department.
However, if the person has resided in the State for more than 10 years or is under the age of 18 years, a removal order can only be made on imperative grounds of public security. The family and economic circumstances of the person are also assessed, the nature of their social and cultural integration in the State, the health of the person and their links with their country of origin, in deciding whether or not to make such an order.
For non-EU citizens residing in Ireland, each individual immigration case is assessed under the criteria set out in Section 3(6) of the Immigration Act 1999 (as amended). These criteria include the age of the person, their duration of residence in the State, the family and economic circumstances of the person, their character and conduct, including any criminal convictions and considerations of national security and public policy. The individual’s ‘character and conduct’ is assessed both within and (where relevant and ascertainable) outside the State. Any and all criminal convictions are considered, including violent crime. An Garda Síochána notify my Department of matters which may be relevant to its considerations. Equally, any permission granted can be revoked if the individual fails to obey the laws of the State or becomes involved in criminal activity.
If the crime is serious or a violent crime, the person may be removed to their home Member State or deported to their country of origin.
Since 2012, 634 EU citizens were removed from the State, all of whom had criminal convictions. The yearly breakdown is as follows:
|
Year Effected |
Total |
|
2012 |
55 |
|
2013 |
66 |
|
2014 |
88 |
|
2015 |
71 |
|
2016 |
68 |
|
2017 |
84 |
|
2018 |
70 |
|
2019 |
64 |
|
2020 |
32 |
|
2021 |
36 |
|
Total |
634 |
Since 2012, 1,012 non-EU citizens have had deportation orders enforced.
The yearly breakdown is as follows:
|
Year Enforced |
Total |
|
2012 |
273 |
|
2013 |
173 |
|
2014 |
73 |
|
2015 |
45 |
|
2016 |
62 |
|
2017 |
82 |
|
2018 |
85 |
|
2019 |
155 |
|
2020 |
59 |
|
2021 |
5 |
|
Total |
1012 |
All those removed or deported during this period would have breached the Immigration Act or had more serious criminal convictions. The statistics are not maintained by my Department in a manner that would allow for further breakdown as requested by the Deputy. However, I can confirm that the five people deported in 2021 all had criminal convictions.
597. Deputy Peadar Tóibín asked the Minister for Justice if illegal immigrants for whom she is seeking to provide an amnesty have a criminal record or a history of violent or sexual assault; if so, the number who have a criminal record; and if those with a criminal record or a history of violent or sexual assault can be sent home to their home countries. [4390/22]
Amharc ar fhreagraThe Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close.
The scheme is not an amnesty. It is a once-in-a-generation opportunity for people who are undocumented in the State to make an application to regularise their position, where they meet the scheme's clearly defined criteria.
The scheme is only open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status.
All applicants over the age of 16 years will undergo e-Vetting with An Garda Síochána as part of the process. Applicants will also be asked to complete a criminal declaration as part of the application form.
When examining applications under the scheme, my Department will take into consideration information relating to the applicant's character and conduct, including information from An Garda Síochána and other public authorities regarding any behaviour of a criminal nature considered to be contrary to the common good and/or public policy. My Department may refuse to grant a residence permission to any applicant on that basis.
Any applicant that is unsuccessful in their application will be able to appeal. That appeal will be considered by a different officer to the person who determined the original application unsuccessful. If a person does not wish to appeal, or if their appeal is also unsuccessful, they will be referred to the appropriate area in my Department’s Immigration Service for follow up in accordance with the relevant legislation and the European Convention on Human Rights (ECHR).
598. Deputy Paul Murphy asked the Minister for Justice if she will provide an update in respect of an application for citizenship by a person (details supplied). [4439/22]
Amharc ar fhreagraAn application for a certificate of naturalisation was received from the person referred to by the Deputy and is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation.
The Citizenship Division of my Department will contact the person concerned in the coming days.
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, my Department issued 11,512 citizenship decisions, which is the highest number of decisions since 2015 and reflects positively the significant changes undertaken to date. 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.
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.
599. Deputy Catherine Murphy asked the Minister for Justice if her Department is considering setting up an anti-corruption inter-agency steering committee to better coordinate corruption prevention efforts in view of the recent review of Ireland’s implementation of the United Nations Convention against Corruption; if so, the proposed remit of this committee; and the timeframe in which it will be formed. [4466/22]
Amharc ar fhreagraAs the Deputy will be aware, the United Nations Convention against Corruption (UNCAC) is a comprehensive anti-corruption convention, covering a wide range of offences, including domestic and foreign bribery, embezzlement, trading in influence, as well as the concealment and laundering of the proceeds of corruption. Ireland ratified the Convention in November 2011 and the Government is fully committed to its implementation and Irish Government delegations have participated in the Conferences of States Parties.
As part of the Convention, Member States are also party to its review mechanism. The UNCAC review mechanism is a peer review process that assists countries to effectively implement the Convention. The review mechanism is comprised of two review cycles.
The first review cycle, which commenced in 2010, covered Chapters III on Criminalisation and Law Enforcement and IV on International Cooperation. Ireland completed the first cycle in 2014.
The second review cycle, which commenced in 2016, covered Chapter II on Preventive Measures and Chapter V on Asset Recovery. As part of the evaluation process, an on-site visit by the evaluation team took place in Dublin from 26-28 June 2018. An executive summary of the evaluation was published in February 2019 highlighting Ireland's successes and good practices in relation to its implementation of the Convention, and also identifying areas for improvement. The finalisation of the full country report was delayed due to the impact of COVID-19 and was published in December 2021.
Related to this particular recommendation, the report of the Review of Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption was published on 3 December 2020. This review group was led by Mr James Hamilton and their recommendations focused primarily on legislative, structural and resourcing measures to enhance agency and multi-agency enforcement and prevention capacity in the criminal justice sphere.
One of the issues which they considered was the establishment of a Corporate Crime Agency. Ultimately, the review group came to the conclusion that the establishment of a new Corporate Crime Agency would represent a duplication of efforts and an inefficient use of resources. However, they did recommend the development of a multi-annual national Strategy to Combat Economic Crime and Corruption, and accompanying Action Plan, and the establishment, on a permanent basis, of a cross-sectoral, partnership-based Advisory Council to advise the Government on strategic and policy responses to all forms of economic crime and corruption, as well as a forum of operational representatives.
An implementation plan to progress the report’s recommendations was published on 19 April 2021, detailing the exact actions to be taken across government and by State agencies. The Economic Crime and Corruption Forum was established in June 2021 and has met regularly since then. Work is underway to finalise the membership of the Advisory Council thereby enabling its full establishment in Q1 2022 and allowing work to begin on the development of the multi-annual national strategy for combatting economic crime and corruption. The establishment of the Forum and the Advisory Council will in effect fulfil this UNCAC recommendation.
600. Deputy Catherine Murphy asked the Minister for Justice the number of civilian and Garda personnel assigned to the anti-corruption unit of An Garda Síochána; the rank or grade of each; and an overview details of the role of the unit in preventing corruption. [4467/22]
Amharc ar fhreagraAs the Deputy will be aware, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes decisions on the deployment of personnel among the various Garda Units. 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 can inform the Deputy that the Garda Commissioner established the Garda Anti-Corruption Unit (GACU) in November 2020 with a national remit to prevent, detect and investigate corruption and criminality committed, or suspected of being committed, by members of An Garda Síochána or Garda Staff. The GACU has developed several policies to support a safe and ethical workplace. These include setting out expressly an overarching Anti-corruption Policy, the Professional Boundaries and Abuse of Power for Sexual Gain Policy, as well as the Substance Misuse (controlled drugs) Policy.
The table below, which has been provided to me by the Garda authorities, sets out the number of Garda personnel attached to the Garda Anti Corruption Unit at 27 January 2022.
|
Chief Superintendent |
1 |
|
Detective Superintendent |
2 |
|
Detective Inspector |
2 |
|
Detective Sergeant |
9 |
|
Detective Garda |
18 |
|
Executive Officer |
1 |
|
Clerical Officer |
1 |
|
Total |
34 |
I am further informed that the GACU's capacity and capability is being developed on an incremental basis and resources will continue to be allocated to the unit commensurate with its business needs.
601. Deputy Catherine Murphy asked the Minister for Justice if her Department is considering the establishment of a single anti-money laundering supervisory authority for designated non-financial businesses and professions; and if so, the timeframe in which it will be formed. [4469/22]
Amharc ar fhreagraAs the Deputy is aware, the responsibility for the day-to-day supervision of designated persons in respect of their anti-money laundering (AML) obligations lies with the relevant competent authorities for such persons, as set out in section 60 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended.
On 20 July 2021, the European Commission proposed a package of legislative changes to further develop the EU’s AML regime. This package would significantly reshape how AML regulation is structured, and includes a proposal for the creation of a single EU authority with responsibility for the area. If introduced, the package will, in turn, require substantial revisions to our national AML regime. However, as the negotiations on the package are ongoing, and the proposals may change significantly before they are finalised, it would be premature to speculate on what changes may be required.
Responsibility for countering money laundering is shared across several Government Departments and other bodies, and affects many sectors of our economy. Any significant changes will require detailed consideration and consultation with public and private sector stakeholders as the final EU measures emerge.
602. Deputy Patrick Costello asked the Minister for Justice the number of women incarcerated in the State by prison in each year since 2010 to date; and the number serving sentences of a year or less. [4577/22]
Amharc ar fhreagraThe information requested by the Deputy in relation to the period 2010 to 2021 is provided in the table below.
The information in relation to January 2022 is unavailable at present, however, it will be collated shortly as part of the monthly snapshot and once available it will be provided to the Deputy.
|
Year |
Number of females committed under sentence (excluding fines) |
Number of females committed under sentence (excluding fines) serving a sentence of 1 Year or less |
|
2021* |
306 |
256 |
|
2020 |
294 |
255 |
|
2019 |
403 |
360 |
|
2018 |
371 |
328 |
|
2017 |
236 |
206 |
|
2016 |
272 |
231 |
|
2015 |
244 |
207 |
|
2014 |
259 |
225 |
|
2013 |
319 |
282 |
|
2012 |
338 |
288 |
|
2011 |
337 |
280 |
|
2010 |
397 |
345 |
*Year 2021 – Figures may be subject to slight change pending the publication of the Irish Prison Service Annual Report 2021
603. Deputy Mattie McGrath asked the Minister for Justice if she will establish an inquiry into alleged instances of bullying and intimidation across the Irish Prison Service; the supports she will put in place to support those who make protected disclosures and continue to feel intimidated and threatened as a result of making a protected disclosure; if she will meet with a number of whistle-blowers to discuss these issues which are being experienced across the Irish Prison Service; and if she will make a statement on the matter. [4578/22]
Amharc ar fhreagraIn 2016, the Irish Prison Service replaced the Anti-Harassment, Sexual Harassment and Bullying Policy 2007 policy with the Dignity at Work policy 2015. This policy aims to promote respect, dignity, safety, and equality in the workplace. Every employee has a right to work in an environment free of any form of bullying, harassment or sexual harassment and every employee has a duty to behave in an acceptable and respectful manner.
I have been assured by the Director General of the Prison Service that all complaints raised under that policy are treated seriously, fairly and in the strictest confidence. Furthermore, complaints which are upheld may be pursued by the HR Manager as a disciplinary issue, in accordance with the provisions of the Disciplinary Code.
The Protected Disclosures Act was enacted in 2014 to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. The Irish Prison Service current Protected Disclosures Policy issued on 1 July 2018. It is aimed at supporting the Prison Service’s values, ensuring employees can raise concerns about relevant wrongdoing which come to their attention in connection with their employment, without fear of penalisation.
The policy further details the protections and supports available for staff who make protected disclosures and those involved in the investigation of a protected disclosure. The Irish Prison Service is a member of the Integrity At Work Programme, an initiative of Transparency International Ireland. Independent and confidential advice is available to workers (who have made or are considering making a disclosure) via Transparency International Ireland’s speak up helpline.
My Department and the Prison Service have engaged independent investigators to examine the majority of the disclosures and to report to the disclosers on the findings. There are dedicated units in my Department and in the Prison Service to liaise directly and in a confidential manner with disclosers. The Prison Service has provided training to staff on Protected Disclosures and Dignity at Work policies and procedures and it is planned that further training will be provided going forward.
Employees of the Prison Service are encouraged to avail of the support services available. These include the HR Governors and Staff Support Officers at the prison locations; the Employee Assistance Service at a national level and Inspire Workplaces which is a free confidential counselling service giving employees support on a range of personal and work-related issues. The Prison Service has also recently introduced a free and anonymous text helpline funded by the HSE.
New legislation, under the Protected Disclosures (Amendment) Bill 2022, will provide for further protection and support for those who make a protected disclosure.
I am informed that there are a number of ongoing independent investigations and pending court cases involving individual disclosers and in these circumstances it would not be appropriate for me to meet with the individuals concerned, or establish further inquiries into the matters in question.
604. Deputy John Paul Phelan asked the Minister for Justice if her Department, the Director of Public Prosecutions, the Courts Service or any other public body produce annually a categorisation of the amount of different types of criminal prosecutions taken under different headings and a breakdown of the number of convictions achieved and the range of sentences handed down upon conviction under these categories; and if she will make a statement on the matter. [4728/22]
Amharc ar fhreagraAs the Deputy will appreciate, the Director of Public Prosecutions (DPP) is an independent law officer under the Prosecution of Offences Act 1974 (as amended) and I have no role in the Office of the DPP and I am unable to comment on whether or not the DPP provides information on prosecutions.
Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, officials from my Department have made enquiries and the Courts Service has advised that information pertaining to annual statistics on criminal prosecutions are published in their annual report which can be found at the following link: www.courts.ie/annual-report
For the Deputy’s information, the Courts Service provides a dedicated email address for the provision of information to members of the Houses of the Oireachtas oireachtasenquiries@courts.ie .
605. Deputy Carol Nolan asked the Minister for Justice the reason the Council of Europe Convention on the Prevention of Terrorism has not been ratified by Ireland; and if she will make a statement on the matter. [4731/22]
Amharc ar fhreagraIreland signed the Council of Europe Convention on the Prevention of Terrorism in October 2008.
The purpose of the Convention is to further increase the effectiveness of existing international action in the fight against terrorism. Specifically, it provides for the creation of offences relating to public provocation to commit terrorist offences and recruitment and training for terrorism.
The Criminal Justice (Terrorist Offences) (Amendment) Act 2015 gives effect to the requirement to create those offences.
I can confirm that it is my intention that ratification should proceed to take place.
The Deputy will be aware that there is a related Protocol to the Convention. The 2015 Protocol supplements the Convention on the Prevention of Terrorism and seeks to criminalise certain additional acts. The Criminal Justice (Terrorist Offences) (Amendment) Bill 2020, will give effect to the legislative requirements of the Protocol. The proposed legislation will also give effect to the outstanding legislative requirements arising from the EU Directive 2017/541 on combatting terrorism.
606. Deputy Carol Nolan asked the Minister for Justice the reason her Department in consultation with the Irish Prison Service decided to end the use of electronic tagging; the number of prisoners tagged since 2018; the total cost of the contract awarded to the private security company engaged to provide the service; and if she will make a statement on the matter. [4732/22]
Amharc ar fhreagraIt has not been possible to obtain the information requested by the Deputy in the time permitted. Relevant information has been sought and I will send it to the Deputy directly when it has been compiled.
|
Year |
Cost |
|
2014 |
€73,961 |
|
2015 |
€153,682 |
|
2016 |
€129,708 |
|
2017 |
€166,117 |
|
2018 |
€221,790 |
|
2019 |
€166,538 |
|
2020 |
€139,512 |
|
2021 |
€34,451 |
|
Total |
€1,085,759 |
607. Deputy Patrick Costello asked the Minister for Justice the total prison population by year for each of the years 2010 to 2021 and to date in 2022; the number of prisoners incarcerated for petty crime for the same time period; and the percentage of the prison population broken down by male and female inmates. [4733/22]
Amharc ar fhreagraThe information requested by the Deputy is provided in the tables below.
Table 1 provides the number of committals to the Irish Prison Service for the period 2010 – 2022 broken down by male and female.
Table 2 provides the daily average population for the period 2010 to 2021 broken down by male and female.
The Prison Service does not record information on persons incarcerated for petty crimes, as this is not a specific category of offence. However, the Service records statistics relating to offence groups as well as by sentence length.
These statistics are available on the Irish Prison Service website and can be located in the Information Centre - Statistics and Information – Yearly Statistics – Sentenced committals each year from year 2007 to year 2020.
Table 1 Committals to Prison for the period 2010 to 2022 broken down by male and female
|
Year |
Total |
Change from previous year - % |
Persons |
Change from previous year - % |
Male |
Female |
% Male |
% Female |
|
|
|
|
|
|
|
|
|
|
|
2022* |
458 |
|
453 |
|
409 |
44 |
|
|
|
2021** |
6,136 |
-3.2 |
5,182 |
-1.5 |
4,695 |
487 |
90.6 |
9.4 |
|
2020 |
6,340 |
-29.0 |
5,263 |
-26.6 |
4,707 |
556 |
89.4 |
10.6 |
|
2019 |
8,939 |
10.8 |
7,170 |
10.5 |
6,276 |
894 |
87.5 |
12.5 |
|
2018 |
8,071 |
-13.1 |
6,490 |
-13.3 |
5,724 |
766 |
88.2 |
11.8 |
|
2017 |
9,287 |
-38.5 |
7,484 |
-40.5 |
6,403 |
1,081 |
85.6 |
14.4 |
|
2016 |
15,099 |
-12.2 |
12,579 |
-11.3 |
10,033 |
2,546 |
79.8 |
20.2 |
|
2015 |
17,206 |
6.5 |
14,182 |
5.8 |
11,264 |
2,918 |
79.4 |
20.6 |
|
2014 |
16,155 |
2.7 |
13,408 |
2.7 |
10,723 |
2,685 |
80.0 |
20.0 |
|
2013 |
15,735 |
-7.6 |
13,055 |
-5.8 |
10,729 |
2,326 |
82.2 |
17.8 |
|
2012 |
17,026 |
-1.7 |
13,860 |
-0.7 |
11,709 |
2,151 |
84.5 |
15.5 |
|
2011 |
17,318 |
0.8 |
13,952 |
1.4 |
12,050 |
1,902 |
86.4 |
13.6 |
|
2010 |
17,179 |
11.4 |
13,758 |
11.5 |
12,057 |
1,701 |
87.6 |
12.4 |
*Year 2022 – these figures are for the period 1 Jan to 26 Jan 2022
**Year 2021 – Figures may be subject to slight change pending the Publication of the Irish Prison Service Annual Report 2021
Table 2 Daily Average number of prisoners per institution for the period 2010 to 2021
|
Institution |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
|
Arbour Hill |
153 |
151 |
146 |
141 |
141 |
138 |
134 |
133 |
136 |
135 |
130 |
125 |
|
Castlerea |
378 |
364 |
361 |
354 |
338 |
308 |
293 |
292 |
300 |
306 |
297 |
286 |
|
Cloverhill |
465 |
433 |
429 |
402 |
413 |
359 |
382 |
356 |
402 |
400 |
362 |
369 |
|
Cork |
303 |
295 |
259 |
231 |
226 |
218 |
253 |
272 |
288 |
291 |
271 |
255 |
|
Limerick (female) |
26 |
31 |
28 |
29 |
27 |
24 |
31 |
28 |
33 |
36 |
28 |
28 |
|
Limerick (male) |
307 |
301 |
261 |
225 |
223 |
224 |
221 |
211 |
214 |
215 |
206 |
195 |
|
Loughan House |
134 |
122 |
104 |
124 |
119 |
116 |
116 |
109 |
110 |
106 |
105 |
95 |
|
Midlands |
542 |
586 |
616 |
762 |
823 |
805 |
814 |
818 |
823 |
840 |
814 |
802 |
|
Mountjoy (female) |
131 |
129 |
124 |
127 |
123 |
107 |
109 |
116 |
132 |
134 |
120 |
116 |
|
Mountjoy (male) |
667 |
616 |
603 |
537 |
556 |
537 |
515 |
563 |
679 |
684 |
667 |
691 |
|
Portlaoise |
263 |
270 |
278 |
262 |
246 |
218 |
198 |
221 |
227 |
232 |
225 |
211 |
|
Shelton Abbey |
99 |
102 |
102 |
104 |
102 |
101 |
101 |
98 |
97 |
102 |
93 |
96 |
|
**St. Patricks |
214 |
204 |
204 |
129 |
11 |
3 |
1 |
0 |
0 |
0 |
0 |
0 |
|
Training Unit |
113 |
115 |
116 |
105 |
89 |
92 |
90 |
25 |
0 |
0 |
0 |
0 |
|
Wheatfield |
495 |
671 |
687 |
626 |
478 |
472 |
460 |
438 |
452 |
490 |
505 |
523 |
|
Total |
4,290 |
4,390 |
4,318 |
4,158 |
3,915 |
3,722 |
3,718 |
3,680 |
3,893 |
3,971 |
3,823 |
3,792 |
*Year 2021 – Figures may be subject to slight change pending the Publication of the Irish Prison Service Annual Report 2021.
**St Patrick’s Institution closed on 07 April 2017
***The Training Unit closed on 22 May 2017
608. Deputy Carol Nolan asked the Minister for Justice the number of notifications made to her Department by coroners with respect to the details of all unidentified human remains within their coronial districts from June 2021 to date; the available number of such notifications for each coronial district in tabular form; and if she will make a statement on the matter. [4736/22]
Amharc ar fhreagraLast July, my colleague Minister Humphreys wrote to all coroners, seeking details of all human remains within their district dating back no more than seventy years. All coronial districts have now furnished this information to my Department.
A new question has also been added to the annual statistical returns form this year, as provided for under Section 55 of the Coroners Acts, 1962 – 2020, whereby coroners have been asked to provide details of all unidentified human remains reported to them in the preceding year. The statutory deadline for receipt of these returns is 1 February 2022.
My Department will then arrange for these returns to be collated and shared with the Missing Persons Unit of An Garda Síochána.
609. Deputy Patrick Costello asked the Minister for Justice the status of the implementation of recommendations 2.12 and 2.13 in respect to female prisons and prisoners from the National Strategy for Women and Girls 2017-2020. [4738/22]
Amharc ar fhreagraAs the Deputy may be aware, the construction of the new women's prison forms part of a major redevelopment project currently underway at Limerick Prison. The contract for this project was awarded in February 2019 with the construction element currently anticipated to be completed in the second quarter of this year. This will be followed by the installation and commissioning of the various security and safety systems with the new facility expected to be operational in Q2/Q3 of this year. This timeline assumes no further impact on construction activity or supply chain issues due to the pandemic.
The new women's prison will provide accommodation for 50 female prisoners and is a core element of the redevelopment project.
The design concept for the new women's prison was influenced by best practice in prison design and similar rehabilitation facilities found in Scandinavia and it will have perimeter security features associated with medium level security, as it forms part of the overall prison site.
The women's prison facility will differ in many respects to the current prison, having been designed around the principles of normalisation, progression and rehabilitation, underpinned by a therapeutic environment to support women in prison to reintegrate back into society on completion of their sentence.
A mix of accommodation is being provided comprising bedrooms units, some apartment style units, a mother and baby unit with the accommodation based is around an external landscaped courtyard setting in keeping with the design principles on creating a safe therapeutic space and supportive regime. In addition, the new female prison will also provide improved facilities for families visiting. When commissioned the new facility will represent a sea change in the standard of accommodation and rehabilitative supports for female prisoners.
The Prison Service is acutely aware of the importance of assisting prisoners to maintain close contact with their children while in custody. The Deputy will be aware that in order to protect the prison population from the risk of Covid, a number of infection control measures were introduced. Regrettably, this included the suspension of physical visits to prisoners for extended periods of time. The Prison Service introduced a new video visit system to ensure that prisoners could continue to have visual contact with their families.
Limerick Prison has a Tusla approved and award winning visitors area and the Prison Service work closely with care workers, the courts and Tusla to provide access visits where appropriate.
Among the commitments of the Probation Service/Irish Prison Service Women's joint strategy 2014-2016 was to improve outcomes for women offenders, including to explore the development of an open prison/open conditions for women assessed at a low risk of re-offending. A Joint Probation Service/Irish Prison Service working group, when considering an open centre for women, recommended that a more practical and cost effective way to address the needs identified was to pursue a step down facility. In this regard, the Probation and Prison Service worked collaboratively towards the identification of a suitable venue for a women's step down unit in Dublin, via a public procurement competition with the Office of Government Procurement.
The vision of the Outlook Programme is to promote the rehabilitation and re-integration of women leaving prison and those who have accommodation needs requiring support in the community. The Programme, which is managed by Focus Ireland, opened in May 2019, supports women serving sentences of imprisonment who pose a low risk to society to gradually re-integrate into the community. The women the programme caters for are required to be drug free and have, in general, been convicted of one-off offences. The Programme has capacity for 10 women. 8 spaces at the Outlook Programme at Stanhope Green and 2 apartments - the first apartment has been available since 7 July 2020 and another since 17 May 2021 and to date, 25 women have been supported by the project.
The Abigail Centre is open since December 2014. Two distinct organisations provide accommodation and other related services for women in the Centre. NOVAS Initiatives provide supported temporary accommodation for 40 women in the main block of the building. In a separate but connected unit, called Tús Nua, accommodation is provided for 15 women and is managed by De Paul Ireland. Tús Nua work closely with the Prison and Probation Service to support women offenders to reintegrate into the community on their release from custody. Tús Nua is funded by my Department through the Probation Service.
Criminal Justice Housing First is a homeless assistance approach prioritising access to permanent housing for people experiencing homelessness. Persons on community supervision, referred by the Probation Service, and persons in prison, are included within the broader national processes for Housing First. A jointly commissioned three year pilot project, responding to the needs of 'harder to place' prisoners, was initiated in October 2020 in a partnership involving Dublin City Council, Probation Service, Irish Prison Service and my Department. The plan strongly advocates that a cross departmental, cross sectoral approach to the needs of those with high support needs, including women who offend, harnessing the strengths of multiple agencies, is necessary to respond to the needs of this complex group, reduce the risk of homelessness and reduce the person's likelihood of re-offending. Since the pilot programme commenced, 4 women prisoners have been accepted by Housing First.
610. Deputy Denis Naughten asked the Minister for Justice if she will provide a list of Acts or sections or other provisions of Acts for which a commencement order has yet to be signed in her Department; the reason for the delay; when commencement orders will be signed; and if she will make a statement on the matter. [4765/22]
Amharc ar fhreagraDetails of Acts or sections or other provisions of Acts for which a commencement order has yet to be signed in my Department are provided in the table below, along with he reason for any delay and when commencement orders will be signed.
|
Relevant Act |
Details |
Reason for not having been commenced |
When commencement order will be signed |
|
Private Security Services (Amendment) Act 2021 |
Section 2(1)(a) insofar as it relates to the insertion of the definitions of “court messenger” and “enforcement guard” not yet commenced. |
The Private Security Authority is preparing the regulations which will be needed to prescribe the licensing of enforcement guards. |
It is the intention to commence Section 2(1)(a) as soon as the regulations are complete. |
|
Judicial Council Act 2019 |
Sections 3, 42, 53-64, 67-84, 86, 88 |
These sections concern judicial conduct and ethics provisions of the Act, and have not been brought in to operation as the relevant guidelines have not been adopted by the Judicial Council. |
The provisions will be brought into operation after the relevant guidelines have been adopted by the Judicial Council. |
|
Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 |
Section 32 |
Concerns were raised by some members of the legal profession on this provision, relating to the execution of counterpart documents. The Department sought the advice of the Attorney General in regard to those concerns and as such, the commencement of this provision was delayed to fully consider the issue. |
The Department is currently consulting with the Attorney General on this issue and an update will be provided in due course. |
|
Data Protection Act 2018 |
Section 30 |
The Office of the Attorney General advised the Department that the compliance of this section with the requirements of the GDPR required further consideration and the matter is being examined. |
As detailed, there are serious matters that require consideration, including in relation to the risk of infringement proceedings against Ireland, in the context of any commencement of section 30. |
|
Personal Insolvency (Amendment) Act 2021 |
Sections 4, 8, 9, 11, 12, 15, 16 |
These sections concern a ‘confirmation of truth’ document, and the Insolvency Service and Courts Service are working on the necessary rules and form to enable commencement. |
The Sections can be commenced when the required rules and form are in place. |
|
Criminal Law (Sexual Offences) Act 2017 |
Section 52 |
Section 52 of the Criminal Law (Sexual Offences) Act 2017 provides for the offence of incest by females (contained in section 2 of the Punishment of Incest Act 1908) to be scheduled to the Criminal Procedure Act 2010. The Criminal Law (Sexual Offences)(Amendment) Act 2019 amended the penalty for the offence of incest by females to provide for the same penalty to apply to both women and men. Repeal of section 52 of the 2017 Act is now under consideration following the commencement of the 2019 Act. |
The repeal of this section is currently under consideration. |
|
Criminal Justice Act 2017 |
Sections 2, 4, 7, 11 and 12 |
Sections 2, 4, 11 and 12 are technical amendments concerning the questioning of persons detained pending access to legal advice, which are being re-examined in the context of the Garda Powers Bill. Section 7 concerns electronic monitoring and cannot be commenced until implementation arrangements are in place. |
The Garda Síochána (Powers) Bill is currently in drafting. It is intended to publish that Bill in Q3 of this year and a decision will be taken on commencement on those provisions at that point. Section 7 will be commenced once all implementation arrangements are in place. |
|
Criminal Justice (Victims of Crime) Act 2017 |
Section 30(b)(ii)Section 30(d) |
All courts except District 18 of the District Court are commenced. Waiting for confirmation that video link facilities are in place.Other than for the Central Criminal Court, the Dublin Circuit Criminal Court and the Dublin Metropolitan District of the District Court as screens are not yet available. |
These provisions will be commenced as soon as the relevant facilities are in place. |
|
Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 |
Section 32 |
This section makes the Legal Services RegulatoryAuthority (LSRA) a ‘State competent authority’ in respect of barristers who are not members of the Bar Council. This gives it certain supervisory powers over those barristers. As the LSRA was not yet fully operational at the date of commencement of the Act, it was not possible to commence this section at the time. |
Commencement of this section is no longer necessary as the obligations under section 32 were overtaken with the commencement of SI 502/2019 wherein the Legal Services Regulatory Authority (LSRA) was made a competent authority. |
|
Counterfeiting Act 2021 |
Section 29 |
Section 29 has been given effect to by S.I. No. 408/2021 - European Union (Counterfeiting of Euro) Regulations 2021. |
Commencement of this section is no longer necessary due to SI 408/2021. |
|
Criminal Procedure Act 2021 |
Whole Act |
Awaiting Rules of Court. |
This Act will be commenced once the relevant Rules of Court has been drafted by the Rules Committee. |
|
Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 |
Part 13 (sections 91 to 94) (Extradition provisions) |
Not commenced as UK transition period was extended from end March 2019 to end December 2020. |
These sections will not be commenced as similar provisions later included in Part 16 (sections 108 – 111) of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 replaced them. These sections were commenced with effect from 31 December 2020. |
