Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Thursday, 17 Feb 2022

Written Answers Nos. 244-263

Grant Payments

Ceisteanna (244)

Robert Troy

Ceist:

244. Deputy Robert Troy asked the Minister for Further and Higher Education, Research, Innovation and Science the reason that all income thresholds for all SUSI grant rates will increase by €1,000 except the special rate (details supplied). [8967/22]

Amharc ar fhreagra

Freagraí scríofa

The Student Grant Scheme, administered by SUSI, provides grant assistance to students attending an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means. The decision on eligibility for a student grant is a matter for the centralised student grant awarding authority SUSI to determine.

In assessing an application for the 2022/23 academic year, SUSI will have regard to the following qualifying criteria for the special rate of maintenance grant:

1. The student must qualify for the standard rate of grant;

2. Total gross reckonable income for the 2021 tax year, after income disregards and Child Dependant Increase(s) are excluded, must not exceed €24,500;

3. As at 31st December 2021, the reckonable income must include one of the eligible long-term social welfare payments prescribed in Schedule 2 of the Student Grant Scheme 2022.

The report of the Action Group on Access to Third Level Education made detailed recommendations concerning the introduction of special rates of maintenance grants for disadvantaged students.  The target group of "those most in need" was defined in terms of the dependants of people receiving long-term welfare payments, where the necessary conditions are fulfilled. 

Accordingly, to effectively target this cohort, the income limit for the special rate of grant is aligned to the maximum point of the weekly State Contributory Pension plus the maximum Qualified Adult Allowance for a person over 66 years. The student grant means test for 2022 is based on gross reckonable income for the 2021 tax year. As the Department of Social Protection state pension payment was not increased in Budget 2021, the special rate income threshold remains at €24,500 for the 2022 Scheme. The income threshold for the special rate of grant is strategically aligned with the highest Department of Social Protection rate as described in order to target students from households in receipt of long term social welfare assistance effectively.

However, the special rate of grant payment itself was increased by €200 as part of Budget 2022, along with all other student grant rates. For the 2022/23 academic year, the special rate of grant is payable at the non-adjacent rate of €6,115 or the adjacent rate of €2,575, depending on the distance from ordinary residence to the college attended.

Apart from the Student Grant Scheme, students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Information on the fund is available through the Access Officer in the third level institution attended. The fund is administered on a confidential, discretionary basis.

In addition, tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from a student's local Tax Office or from the Revenue Commissioners website, www.revenue.ie.

Third Level Fees

Ceisteanna (245)

Brendan Smith

Ceist:

245. Deputy Brendan Smith asked the Minister for Further and Higher Education, Research, Innovation and Science the existing proposals to substantially reduce student fees; and if he will make a statement on the matter. [8969/22]

Amharc ar fhreagra

Freagraí scríofa

I am very conscious of the difficulties that students, like so many others in society, face as a result of the increased costs of living.  For students and their families this includes not just costs such as accommodation and food but also education-specific costs such as the student contribution. 

I have monthly meetings with the USI and regular engagement with students across the country and I hear stories of how these costs affect people. 

The Government as a whole is committed to addressing issues related to the cost of living.

I have already taken significant steps to support learners and their families.  Effective from the start of the next academic year the rate of grant will be increased by €200 for all SUSI recipients, I have widened the thresholds to allow more people to apply for student grants and I have changed the distance thresholds to reflect the increased costs for those who live further away from their colleges. 

I have also put significant additional resources into the Student Assistance Fund, including an additional €1.3 million announced last week, which brings the fund to €18.5m for the current academic year.

It is also important to say that approximately 65,000 students either pay no tuition fees or a significantly reduced rate of fee.  These costs are covered by my Department through the SUSI scheme, and last year €190 million was allocated for this purpose.

However, the SUSI scheme clearly does not cover everybody, and there are many families who must pay out significant amounts of money each year to continue in third level education.

There are different options to address the costs of education, including lowering student contributions, but fundamentally these are decisions which must be made in the context of the annual Estimates process.  

 As I look towards the next budgetary cycle, I will be examining all the levers I have to address the issue in a way that has impact for students and families and that applies broadly across society. 

Visa Applications

Ceisteanna (246)

Cian O'Callaghan

Ceist:

246. Deputy Cian O'Callaghan asked the Minister for Justice the action that is being taken to facilitate speedy visa applications for Ukrainian citizens including those with family members resident in Ireland; and if she will make a statement on the matter. [8979/22]

Amharc ar fhreagra

Freagraí scríofa

My Department is reviewing its administrative arrangements to ensure it can assist Irish Citizens and their family members in Ukraine speedily and with flexibility.

While Ukrainian nationals are not visa exempt to enter Ireland, given the current circumstances, all visa applications will be dealt with as quickly and as humanely as possible. This includes family applications for non EEA family members of Irish citizens, which will be processed swiftly.

Officials in my Department are also working on an ongoing basis with colleagues in the Department of Foreign Affairs on this issue. Officials of that Department also process visa applications submitted in the Ukraine, under delegated sanction.

Prison Service

Ceisteanna (247)

Thomas Gould

Ceist:

247. Deputy Thomas Gould asked the Minister for Justice if she will consider meeting with the Irish Prison Service and an organisation (details supplied) to explore possible uses for the Old Cork Prison that would encourage entrepreneurship and increase employment in the area. [7012/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the former Cork prison was built in the early 1800s and served as a military detention barracks until it was transferred to the ownership of my Department in 1972.

However, due to the age, fabric and condition of the building including lack of in-cell sanitation, a decision was taken in 2014 to close it and construct a new modern prison on a site opposite the former prison.

The condition of the former prison including building fabric, condition, age and lack of services and the requirement to comply with health, safety and building regulations will have to be taken into consideration by any entity wishing to repurpose the building.

I am advised by the Director General of the Irish Prison Service that it has no strategic use for the former prison and remains open to receive submissions on how the building or site might be used to maximise its potential.

In this regard, the Director General has advised that she will arrange for representatives of the Estates Directorate to contact the Deputy with a view to arranging a meeting with representatives from the group in question.

Immigration Policy

Ceisteanna (248)

Bríd Smith

Ceist:

248. Deputy Bríd Smith asked the Minister for Justice if she will consider including persons whose EU treaty rights visas have been revoked and who are now living here on precarious temporary visas in the undocumented scheme; if she will acknowledge their contributions in areas such as healthcare, hospitality, information technology, transport and engineering and their deep disappointment at not being included in the undocumented scheme; her views on the fact that many of this cohort arrived legally and have lived here for many years and deserve to be included in the scheme; and if she will make a statement on the matter. [8834/22]

Amharc ar fhreagra

Freagraí scríofa

I am deeply conscious of and acknowledge the work and commitment demonstrated by all those who have contributed to our society and particularly those working in frontline services during the Covid-19 pandemic.

I was pleased to open the landmark Regularisation of Long Term Undocumented Migrants Scheme for applications on 31 January. Applications will be accepted for six months until 31 July, when the scheme will close.

This once-in-a-generation scheme is designed to give long-term undocumented people without a current permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship.

Almost 2,000 applications have been received so far. This is a very positive start and I encourage anyone who may be eligible to apply.

The criteria for the scheme have been designed in line with the Programme for Government commitment, which is to bring forward a regularisation scheme to create new pathways for long-term undocumented people and their dependents. The period of four years undocumented residence, or three years in the case of applicants with children, is consistent with this commitment and has been approved by Government. This is a once-off, time bound scheme that is expected to benefit thousands of undocumented people living in Ireland. There are no plans to extend the eligibility criteria. 

Anyone who has previously held an EU Treaty Rights (EUTR) permission and who currently has a temporary permission to remain in the State while their application under the relevant legislation is being considered or is at review stage,  would not be considered to be undocumented. Therefore, they will not meet the criteria for the Scheme.

People whose EUTR applications are currently in a process that will decide their future status within the State, will be granted permissions under the EU Regulations e.g. 5 years residence or permanent residence, if successful.  This includes people who currently have applications at EUTR review stage. As a result, people in the EUTR process already have a means to decide their future status in the State. 

International Protection

Ceisteanna (249)

Bríd Smith

Ceist:

249. Deputy Bríd Smith asked the Minister for Justice if her attention has been drawn to the fact that the upset and distress that persons who have been in Ireland for over five years in the international protection system that received their final decision in 2019 and 2020 will not be included in the undocumented scheme; if she will reconsider their exclusion and make the scheme truly inclusive by widening the parameters in order that they and other cohorts can be included; and if she will make a statement on the matter. [8837/22]

Amharc ar fhreagra

Freagraí scríofa

I was pleased to open the landmark Regularisation of Long Term Undocumented Migrants Scheme for applications on 31 January. Applications will be accepted for six months until 31 July, when the scheme will close.  The scheme includes a parallel strand, which opened for applications on 7 February 2022, to implement the recommendation included in the report of the Expert Advisory Group, allowing international protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of two years to apply.  

This once-in-a-generation scheme is designed to give long-term undocumented people without a current permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship.  As the Deputy will be aware, it has been widely welcomed by those who have long campaigned for this right. 

As I have outlined, the criteria for the international protection strand of the scheme have been designed in line with the recommendation made in the Report of the Catherine Day Expert Advisory Group. Any applicant considering making an application to this scheme must be a current international protection applicant. My Department has recently written to approximately 4,000 potentially eligible applicants inviting them to apply under the scheme. 

Anyone who has already been issued with a decision letter from the Ministerial Decisions Unit of my Department, or who has previously withdrawn their application, is no longer an international protection applicant and therefore will not be eligible for this scheme.

Further information regarding the qualifying criteria, the required documentation, and how to apply for the international protection strand of the scheme are available on the website of the International Protection Office (IPO) of my Department at: www.ipo.gov.ie/en/ipo/pages/whatsnew.

Legislative Reviews

Ceisteanna (250)

Carol Nolan

Ceist:

250. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 644 of 27 January 2021, the reason the review of the Defamation Act 2009 was not published by the end of March 2021 as per her prior commitment; and if she will make a statement on the matter. [8851/22]

Amharc ar fhreagra

Freagraí scríofa

The review of the Defamation Act 2009 is a legislative priority for the Government. The Programme for Government contains a specific commitment to “review and reform defamation laws to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice”.

The Government Legislation Programme includes preparation of the General Scheme of a Defamation (Amendment) Bill, to give effect to the recommendations approved by Government. In my own Department, the Justice Plan also contains a commitment to complete and publish a review of the Defamation Act 2009.

The objective set for the review from the outset was to ensure that our defamation law strikes the correct balance between rights which are protected both by our Constitution and by the European Convention on Human Rights – the individual’s right to their good name and privacy, and the right to freedom of expression, taking account of the vital role played by a free and independent press in our democracy.

The review has included extensive public consultation, including a stakeholder symposium held in November 2019 with extensive media participation.

The Report of the Review has been completed and I will bring it to Government very shortly for approval of its publication.

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

I expect preparation of the General Scheme of the Defamation (Amendment) Bill to begin early this year.

Prison Service

Ceisteanna (251)

Patrick Costello

Ceist:

251. Deputy Patrick Costello asked the Minister for Justice the number of prison officers employed by the Irish Prison Service over the past ten years, by prison institution, in tabular form. [8863/22]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that for security and operational reasons the Irish Prison Service is not in a position to provide a breakdown of the staff resources allocated to individual prisons.

However, the number of Prison Grade staff employed by the Irish Prison Service for the period 2011 – 2021 (as at Dec 31 2021) is outlined in the table below. 

Number of Prison Grade staff employed by the Irish Prison Service for the period 2011 – 2021 (as at Dec 31 2021)

Year

Prison Officers

Other Grades

2011

2,411

899

2012

2,320

942

2013

2,263

1,004

2014

2,167

1,086

2015

2,123

1,064

2016

2,073

1,020

2017

2,025

1,033

2018

2,077

1,037

2019

2,183

1,172

2020

2,166

1,088

2021

2,175

1,085

* Prison Officers & Recruit Prison Officers

** Governor Grades, Assistant Chief Officers, Work Training Officer’s, Chief Officers, Trade Officers, Tutors, Nurse Officers and Prison Admin Staff

Prison Service

Ceisteanna (252)

Patrick Costello

Ceist:

252. Deputy Patrick Costello asked the Minister for Justice the average number of prisoners in prison in the State over the past ten years, by prison institution, in tabular form. [8864/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the Irish Prison Service collates and publishes the prisoner population breakdown, including those serving prison sentences, on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie.

The average number of prisoners in custody per institution over the past ten years is outlined in the table below.

Daily Average number of prisoners per institution for the period 2012 to 2021

Institution

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

Arbour Hill

146

141

141

138

134

133

136

135

130

125

Castlerea

361

354

338

308

293

292

300

306

297

286

Cloverhill

429

402

413

359

382

356

402

400

362

369

Cork

259

231

226

218

253

272

288

291

271

255

Limerick (female)

28

29

27

24

31

28

33

36

28

28

Limerick (male)

261

225

223

224

221

211

214

215

206

195

Loughan House

104

124

119

116

116

109

110

106

105

95

Midlands

616

762

823

805

814

818

823

840

814

802

Mountjoy (female)

124

127

123

107

109

116

132

134

120

116

Mountjoy (male)

603

537

556

537

515

563

679

684

667

691

Portlaoise

278

262

246

218

198

221

227

232

225

211

Shelton Abbey

102

104

102

101

101

98

97

102

93

96

**St. Patricks

204

129

11

3

1

0

0

0

0

0

*** Training Unit

116

105

89

92

90

25

0

0

0

0

Wheatfield

687

626

478

472

460

438

452

490

505

523

Total

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 temporarily closed on 22 May 2017

Prison Service

Ceisteanna (253)

Patrick Costello

Ceist:

253. Deputy Patrick Costello asked the Minister for Justice the programmes that exist in the prison system that cater to the specific needs of the Travelling community; and the initiatives that are taken to encourage their uptake of educational opportunities while in prison. [8874/22]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Prison Service that there are a number of ongoing programmes and initiatives specifically focused on the needs of members of the Travelling community.

Education is an important prison-based service, and participation in education is a key to improving outcomes for prisoners and reducing recidivism and the adult educational programmes include programmes which cater to the specific needs of the Traveller community. 

Education programmes encourage Traveller participation through identifying barriers and articulating and presenting benefits of participation and aims to enhance Travellers’ confidence and motivation to participate. 

The programmes support the development of culturally appropriate services by engaging with Travellers to identify the types and nature of services of interest/relevance and the provision of appropriate services, leading to improved outcomes.

The Prison Service works with its partners Travellers in Prison Initiative, St. Stephen’s Green Trust and the Probation Service and through this partnership approach positive steps have been taken. This includes the identification of Traveller Liaison teachers to support greater access and adaptation of education services for Travellers and awareness training for prison staff on issues arising for Travellers.

The mediation programme, a partnership between Prison Education schools, Midlands Traveller Conflict Mediation Initiative, the Red Cross and Travellers in Prison Initiative, is in place in a number of prisons.  The programme is facilitated by Travellers and aims to develop intervention skills to address some of the issues that can lead to person on person violence in prisons. The programme develops conflict awareness and is an effective way of resolving disputes and a number of prisoners are trained as mediators.

Under a partnership between the Irish Red Cross, the Prison Service and the Education and Training Boards of Ireland,  the Community Based Health and First Aid programme is currently in operation across our prisons.  This is a peer led programme to train inmate Irish Red Cross volunteers about community health. Each year, inmate volunteers are guided through a community assessment which aims to identify the main health issues in their prison community. Their role as volunteers is to develop projects aimed at improving those issues. Volunteers learn in the classroom and educate their peers on the landings. To date, over 1,500 prisoners have trained in Community Based Health and First Aid, many of whom are members of the Traveller Community.  

Throughout the pandemic, the Red Cross Volunteers played a pivotal role in promoting awareness and understanding of infection control and vaccine awareness to all prisoners, including the publication of traveller-specific newsletters and posters.  

In late 2020, the Prison Service in collaboration with the equine industry opened the Equine Centre at Castlerea Prison.  The equine programme while open to all prisoners, early indications show a positive interest in this programme from Traveller men.  It is specially designed for delivery to students with literacy issues and is delivered visually with voice over and assisted with the use of diagrams.  It is an accredited programme endorsed by the Racing Academy and Centre of Education.  

Prisoners face many barriers to successful integration back into society and the equine programme can have a positive impact on physical and mental wellbeing, offer preparation for employment and ultimately make the community safer through a reduction in reoffending.  

Prison Service

Ceisteanna (254)

Patrick Costello

Ceist:

254. Deputy Patrick Costello asked the Minister for Justice when an updated version of the Irish Prison Service and Education and Training Boards Prison Education Strategy will be published given that the current strategy is set to expire in 2022. [8879/22]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Prison Service that the Joint Irish Prison Service/Education and Training Boards Ireland Prison Education Strategy 2019 to 2022 is currently being implemented. 

Strategic actions being progressed under this include: Supporting the Prison Education Service; Making effective use of digital systems for teaching and learning; Supporting the provision of broad based education; Supporting integration and sentence planning; Supporting the delivery of library services in prisons; Progressing Quality Assurance and reviews; and Ensuring compliance with legislation including GDPR and Health And Safety.

The aim of the Prison Education Service is to deliver a high quality, broad, flexible programme of education that helps people in custody cope with their sentence, achieve personal development, prepare for life after release, and establish capacity for life-long learning.

Following internal and external consultation with relevant stakeholders, it is intended that the new Joint Irish Prison Service/Education and Training Boards Ireland Prison Education Strategy will be developed and implemented from 2023.

Central to the new Strategy will be building on the lessons learned over the past two years of the Covid-19 pandemic and building on the new modalities of learning that have been introduced, including a move away from classroom only learning and adopting a blended approach to the delivery of education.

Deportation Orders

Ceisteanna (255)

Bernard Durkan

Ceist:

255. Deputy Bernard J. Durkan asked the Minister for Justice if a deportation order will be set aside in the case of a person (details supplied); and if she will make a statement on the matter. [8971/22]

Amharc ar fhreagra

Freagraí scríofa

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

All applications are examined on a case by case basis, on the documentation supplied and as provided for under Section 3(11) of the Immigration Act 1999 (as amended). The decision will be that the existing Deportation Order will be either ‘affirmed’ or ‘revoked’. 

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

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (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 (256)

Éamon Ó Cuív

Ceist:

256. Deputy Éamon Ó Cuív asked the Minister for Justice the steps that are being taken in the new Garda recruitment campaign to ensure that enough fluent Irish speakers are recruited to provide services to those in and outside the Gaeltacht who use the Irish language as a daily language. [8976/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013 (as amended). The management of recruitment and training of An Garda Síochána is a matter for the Garda Commissioner and, as Minister, I have no direct role in the process of recruitment.

Furthermore, in accordance with the Garda Síochána Act 2005, the assignment of resources to different areas is an operational matter for the Commissioner.

As the Deputy has noted, a Garda recruitment competition is currently under way and I would encourage all those with an interest in a career in An Garda Síochána, including fluent Irish speakers, to consider applying.  A policing service that is diverse  not only in gender and ethnicity, but also in socio-economic, educational and geographical background will benefit society as a whole.

I am assured An Garda Síochána remains committed to the Irish language and studies in the Irish language will remain part of the Policing BA delivered to all trainee Gardaí in the Garda College, Templemore.

A new Irish Language Strategy has been developed by An Garda Síochána and will be launched early in 2022. The Strategy aims to strengthen Irish language services within An Garda Síochána and ensure compliance with statutory language obligations.

I understand that measures are also in place to increase the number of members in Gaeltacht stations.  An Irish Language Proficiency Panel (ILPP) has been established which includes members recruited through the Irish Language Stream as well as members who wish to be transferred to Gaeltacht stations, having obtained the requisite result in the Irish oral assessment.

International Protection

Ceisteanna (257, 258, 259)

Holly Cairns

Ceist:

257. Deputy Holly Cairns asked the Minister for Justice the rationale for an applicant to the international protection strand of the regularisation scheme for long-term undocumented migrants being required to state whether they wish to withdraw their asylum claim if their regularisation application is successful; and if she will make a statement on the matter. [8985/22]

Amharc ar fhreagra

Holly Cairns

Ceist:

258. Deputy Holly Cairns asked the Minister for Justice the languages that information is available in regarding the international protection strand of the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [8986/22]

Amharc ar fhreagra

Holly Cairns

Ceist:

259. Deputy Holly Cairns asked the Minister for Justice if free legal advice is being offered to individuals considering applying to the international protection strand of the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [8987/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 257 to 259, inclusive, together.

The landmark Regularisation of Long Term Undocumented Migrants Scheme includes a parallel strand, to implement the recommendation included in the report of the Expert Advisory Group, allowing international protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of two years to apply.  

This once-in-a-generation scheme is designed to give long-term undocumented people without a current permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship.  As the Deputy will be aware, it has been widely welcomed by those who have long campaigned for this right.

This strand of the scheme opened for applications on 7 February 2022, for a six month period to 7 August 2022. The International Protection Office (IPO) of my Department has recently written to approximately 4,000 potentially eligible applicants inviting them to apply under the scheme.

Further information on this strand of the scheme, along with the application form can be found on the IPO website at: www.ipo.gov.ie/en/ipo/pages/whatsnew. When completed, application forms and supporting documentation should be submitted by email to IPRSU@ipo.gov.ie. 

Currently, information for the scheme on the IPO website is only available in English. However,  arrangements are being made by my Department to translate this material into the five most common languages currently used by international protection applicants. IPO staff will also assist applicants as needed to help them submit their application in the correct manner.

There is no fee for making an application under this dedicated strand of the scheme. Applications will be assessed independently of the application that has been made for international protection.

It is important to note that there is no requirement for the applicant to withdraw their international protection application, although some applicants may choose to do so, if successful under this scheme. Applicants who are successful and who do not choose to withdraw from the international protection process will continue to have their protection applications processed. 

It is not considered that the making of an application under the Scheme is itself a matter for which legal advice is necessary. International protection applicants can and do avail of the services of the Legal Aid Board in relation to their international protection application.  While legal aid is not specifically being provided for this scheme, it is open to applicants to consult their legal representative, if they have one. In particular, they may wish to seek advise on whether or not  they wish to withdraw their pending application for international protection, if successful under the scheme.

Question No. 258 answered with Question No. 257.
Question No. 259 answered with Question No. 257.

Crime Prevention

Ceisteanna (260)

Bernard Durkan

Ceist:

260. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she and her Department are considering measures to address the increasing levels of unprovoked violence leading to attacks on vulnerable persons; and if she will make a statement on the matter. [9006/22]

Amharc ar fhreagra

Freagraí scríofa

My thoughts are with the victims of the recent horrific attacks in their own homes. An Garda Síochána is conducting criminal investigations so the Deputy will appreciate that I cannot comment in detail on the specifics of any individual case.  However I utterly condemn these senseless and cowardly attacks and also belive that the perpetrators must be brought to justice. 

Incidents like these, although rare, are terrifying, not only for the victim themselves but for the entire community.  Home is the one place we should all be able to feel safe, and fear in one’s own home is something that can never be tolerated.

I can assure the Deputy that my Department is committed to ensuring that there is strong, visible community policing right across both rural and urban Ireland.

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 Garda operations aimed at preventing and detecting crime. As Minister, I have no direct role in these matters.

This year’s winter phase of Operation Thor was launched by Gardaí in October 2021 and is designed to tackle burglaries and associated criminal activities, which often increase in the darker winter months, through targeted enforcement and crime prevention activity and information.

This annual focus from Operation Thor has proved highly successful in tackling property related crime since its inception in November 2015.  In 2015, there were in excess of 18,800 residential burglaries reported. By contrast, to the end of 2021 there were just over 6,000 residential burglaries reported, a reduction of over 66% or approximately 13,000 less residential burglaries.

While the COVID-19 pandemic was clearly a factor in some of this reduction, with people more likely to be present in their homes throughout the day, there has been a marked and consistent downward trend in such offences since the introduction of this Garda focus through Operation Thor.

The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation in excess of €2 billion for 2022, including funding for the recruitment of up to 800 additional Garda trainees and up to 400 Garda staff. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe. To this end, the Deputy will be aware that a new Garda recruitment competition opened last week and I would encourage anyone with an interest in a career in An Garda Síochána to apply.

In addition to new recruits, the rollout of the new Garda Operating Model will support the redeployment of Gardaí from non-core duties to frontline policing across the country. The new model will see larger Divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services, and a strong focus on community policing.

Budget 2022 also allocated €12m for investment in the Garda fleet, which means more high visibility policing in our towns and cities. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.  

My Department has for many years provided funding for the employment and associated costs of the national Community Alert Programme, including the employment of regional Development Officers. In 2021, my Department committed in the region of €150,000 to local communities who wish to apply for a rebate towards the costs associated with running their local Text Alert Scheme, which is administered by Muintir na Tíre. This is a continuation of the annual funding made available by the Department for the Text Alert Rebate scheme each year since 2016.  

As the Deputy is aware, while community policing is a central feature of An Garda Síochána and that is reinforced in the report of the Commission on the Future of Policing in Ireland, that report also highlighted that policing and crime prevention are not the responsibility of An Garda Síochána and my Department alone.

To achieve better outcomes, supported by a strong inter-agency collaboration and community engagement, three pilot Local Community Safety Partnerships have been established. These Partnerships will provide a dedicated communication channel for input and the development of Local Community Safety Plans to reflect and respond to the self-identified needs of that community.

In addition, I will launch the Community Safety Innovation Fund in the coming weeks, which will enable local communities to seek funding for innovative projects which will improve community safety in their areas.

Finally, the Deputy may also be aware that the Department of Rural and Community Development funds the Senior Alert Scheme, which provides grant assistance towards the purchase and installation of personal monitored alarms for persons aged 65 or older and of limited means. The objective of the Seniors Alert Scheme is to encourage community support for vulnerable older people in our communities through the provision of personal monitored alarms to enable them to continue to live securely in their homes with confidence, independence and peace of mind. I am advised that the grant assistance is made available through community, voluntary and not-for-profit organisations that are registered with Pobal.

Crime Prevention

Ceisteanna (261, 262, 263, 264, 265, 271)

Bernard Durkan

Ceist:

261. Deputy Bernard J. Durkan asked the Minister for Justice the steps she can still take to further tighten the bail laws to ensure that no person on bail can commit another offence while on bail; and if she will make a statement on the matter. [9007/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

262. Deputy Bernard J. Durkan asked the Minister for Justice the steps she plans to take to tighten the bail laws and to address recidivism; and if she will make a statement on the matter. [9008/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

263. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which repeat offenders have been involved in further crime including violent crime in the past five years; and if she will make a statement on the matter. [9009/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

264. Deputy Bernard J. Durkan asked the Minister for Justice the steps being taken to prevent the committal of further crime by persons while on bail; and if she will make a statement on the matter. [9010/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

265. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which further crime has been committed by persons while on bail in the course of the past five years to date; and if she will make a statement on the matter. [9011/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

271. Deputy Bernard J. Durkan asked the Minister for Justice the number of members of organised criminal and drug gangs currently on bail; the length of time they have been on bail; and if she will make a statement on the matter. [9019/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 261 to 265, inclusive, and 271 together.

The Deputy will be aware that the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty.

As the Deputy knows, a referendum took place in 1996 on a proposed amendment to the Constitution to allow the courts to refuse bail where there are grounds for believing that the accused will commit serious offences while on bail. The referendum was passed by the People and section 2 of the Bail Act 1997 permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is considered by the Court necessary to prevent the commission of a serious offence by that person. Subsequent to this, the law on bail has been further strengthened on three occasions, specifically in the Criminal Justice Act 2007, the Criminal Justice Act 2015 and the Criminal Justice Act 2017.

I am advised by the Garda authorities that the amended bail laws have proven to be effective and I can inform the Deputy there are no immediate plans to introduce further bail legislation.

An Garda Síochána has made important progress in suppressing the threat of serious and organised crime and there has been significant successes achieved in this area through intelligence-led operations. I can assure the Deputy that there will be no let-up in the pressure being brought to bear on those involved in organised crime.

The Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of legislative measures such as:

- The Proceeds of Crime (Amendment) Act 2016 which provides additional Garda powers for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of.

- The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 providing for the establishment and operation of the DNA database providing Gardaí with links between people and unsolved crimes.

- The Criminal Justice (Amendment) Act 2009, introduced to protect the justice system from being subverted by criminal groups, including potential intimidation of juries.

- By continuing to grow the strength of the Garda organisation, with a budget of over €2 billion in 2022, providing for the recruitment of up to 800 Gardaí and 400 Garda staff this year.

While it is not possible to provide the statistics sought by the Deputy in respect of the granting of bail to members of organised crime gangs (as this information is not available to the Courts Service) the Deputy may be aware, that the Central Statistics Office regularly publishes both prison and probation re-offending statistics on their website www.cso.ie .

According to the latest release of the Prison Re-offending Statistics 2011 – 2018, published in June 2021, out of the 1,323 persons who re-offended within a year of release in 2018, over a half (50.6%) re-offended in just two offence groups - theft (331) or public order related offences (339).

The latest Probation Re-offending Statistics 2017, published on 19 November 2021, indicate that of the 1,368 individuals that re-offended within a year of receiving their probation orders in 2017, individuals were most likely to re-offend with an offence linked to Road and Traffic offences (23%), public order and other social code offences (22%), theft and related offences (17%), controlled drug offences (13%) and Offences against Government, justice procedures and organisation of crime (9%).

Further detailed statistical information can found at the CSO website statistics section at People and Society - Crime and Justice.

Non-custodial penalties, particularly supervised community sanctions, play a significant and important role in addressing criminality, reducing reoffending and providing a degree of protection to the public and this is supported by CSO figures on recidivism.

As the Deputy will be aware, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society with a specific commitment to review policy options for prison and penal reform.

A High Level Working Group is taking forward the Government’s commitment to review policy options for prison and penal reform and I expect to publish the report from the group shortly.

This work will build on a number of initiatives that have been introduced over the past decade to reduce reoffending, including Community Return and Community Support Schemes and the Joint Agency Response to Crime (JARC).

In terms of future legislation, the Deputy may wish to note that it is my intention in the forthcoming Criminal Justice (Miscellaneous Provisions) Bill to raise the maximum penalty for the offence of ‘conspiracy to murder’ from a maximum sentence of 10 years imprisonment to potential life imprisonment. This Bill is currently with the Office of Parliamentary Counsel for drafting and I hope to be in a position to publish it in quarter 2 of this year.

Question No. 262 answered with Question No. 261.
Question No. 263 answered with Question No. 261.
Barr
Roinn