Wednesday, 4 May 2022

Written Answers Nos. 360-372

Departmental Inquiries

Ceisteanna (360, 402)

Willie O'Dea

Ceist:

360. Deputy Willie O'Dea asked the Minister for Justice the status of the inquiry for a person (details supplied); and if she will make a statement on the matter. [21675/22]

Catherine Connolly

Ceist:

402. Deputy Catherine Connolly asked the Minister for Justice the status of the inquiry into the conduct and adequacy of the investigations conducted by An Garda Síochána into the death of a person (details supplied); and if she will make a statement on the matter. [22232/22]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 360 and 402 together.

I am conscious of the distress caused to the Tuohey family as they await the conclusion of the Inquiry relating to the investigations into the death of Shane.

Unfortunately, as the Deputy may be aware, Judge McDonagh informed me that he was unable to continue with the work of the Inquiry due to personal reasons. Consequently, on 11 January 2022, I appointed retired District Court Judge, Michael Coghlan to continue the work of the Inquiry.

I now await the final report in accordance with the terms of reference. While the Inquiry remains independent of me as Minister, I have assured Judge Coghlan that every possible resource will be made available in order that the work of the Inquiry can be concluded in a timely and efficient manner.

Earlier this year, I met with the Tuohey family. The meeting offered the opportunity for me to listen to the family of Shane Tuohey, to express regret at the length of time the Section 42 Inquiry has taken to date and to affirm my commitment to the completion of the Inquiry under the new judge as soon as possible.

Domestic, Sexual and Gender-based Violence

Ceisteanna (361)

Neasa Hourigan

Ceist:

361. Deputy Neasa Hourigan asked the Minister for Justice the number of convictions by section under the Criminal Law (Sexual Offences) Act 2017, from 2017 to date in 2022, inclusive, in tabular form. [21686/22]

Freagraí scríofa

Minister for Justice

Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: [e-mail]. 

To be of assistance I have referred your question to the Courts Service who will engage with you with a view to providing what relevant information is available from their system.

Prison Service

Ceisteanna (362)

Catherine Murphy

Ceist:

362. Deputy Catherine Murphy asked the Minister for Justice the number of prisoners under sentence in the Dóchas centre for shoplifting and other petty property crimes in the context of the publication of the Justice Plan 2022 on 28 March 2022 for a criminal justice system; and if she will make a statement on the matter. [21748/22]

Freagraí scríofa

Minister for Justice

As  the Deputy will appreciate,  judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. As a general rule, the court is required to impose a sentence which is proportionate not only to the crime but to the individual offender. In doing so, the Court identifies where on the sentencing range the particular case should lie and then applies any mitigating factors which may be present.

Under the Judicial Council, a Sentencing Guidelines Committee was established on 30 June last year. The Committee is responsible for compiling guidelines designed to increase consistency in relation to criminal sentences and are working to progress this.

I can inform the Deputy that on the night of the 31 March 2022, there were 32 sentenced individuals in the Dóchas Centre (Mountjoy Female Prison) who had a most serious offence listed under Group 8 Theft and Related Offences and of these 16 were held on shoplifting charges.

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. This is supported by Central Statistics Office figures on recidivism. 

As part of the work to ensuring a coherent approach to enhancing and sustaining a more just and safe society, Government committed to reviewing policy options for prison and penal reform. The report of the cross-sectoral group tasked with undertaking this review is expected to be published shortly. Among the issues the group will make recommendations on is the on the appropriate use of non-custodial sanctions and the role they can play in addressing criminality, reducing reoffending and providing protection to the public while holding the individual accountable.

As the Deputy will be aware, the Criminal Justice (Community Sanctions) Bill 2014 seeks to update the Probation of Offenders Act 1907. The aim of the new Bill is to provide a modern statement of the law governing community sanctions, and the role of the Probation Service in the criminal justice system. It will facilitate the effective and efficient use of community sanctions by the courts, and will ensure that the courts have a wide range of appropriate options for dealing with persons who have committed minor offences.

The legislation also takes account of the interests of victims of crime by making it a statutory requirement for the courts to have regard to the interests of victims when making decisions about community sanctions.

Justice Plan for 2022 commits that the policy review of the General Scheme of the Criminal Justice (Community Sanctions) Bill 2014 will be completed in the second quarter of this year.

Once this review is complete, it is envisaged that it will be published and a revised General Scheme agreed in the third quarter of this year with the aim of publishing the Bill in the final quarter of 2022.

Prison Service

Ceisteanna (363)

Catherine Murphy

Ceist:

363. Deputy Catherine Murphy asked the Minister for Justice the additional capacity for female prisoners in the Irish prison estate when the new female block opens in Limerick Prison in quarter 4 of 2022; and if she will make a statement on the matter. [21749/22]

Freagraí scríofa

Minister for Justice

I am advised by my officials in the Irish Prison Service that 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 Q4 of this year.

The new female prison, which will have 50 new cells and will increase capacity by a minimum of 22 spaces for female prisoners, is a core element of the redevelopment project.

I can advise the Deputy that, on completion of the new female prison, the current female wing in Limerick Prison will close and this will result in the overall capacity for female prisoners across the prison estate rising from 174 to a minimum of 196.

Together with the opening of new male accommodation in Limerick Prison and the reopening of the Training Unit in Mountjoy, the opening of the new female prison in Limerick will result in over 200 new prison spaces being available before the end of this year.

Prison Service

Ceisteanna (364)

Catherine Murphy

Ceist:

364. Deputy Catherine Murphy asked the Minister for Justice the capacity of the new block at a women’s prison in Limerick; the details of the health and wellbeing facilities that will be present in the new block; and if women at the prison will have full access to any additional supports and or services they require while in the new block. [21750/22]

Freagraí scríofa

Minister for Justice

I can advise the Deputy that a contract was signed in February 2019 for a major redevelopment of Limerick Prison which included the construction of a new prison facility for female prisoners.

The design of the facility for female prisoners is based on the principle of rehabilitation and normalisation reflecting contemporary design standards.  A mix of accommodation units is being provided which will comprise of bedroom units, some apartment style units and a mother and baby unit. The accommodation will be based around an external landscaped courtyard setting in keeping with the design principles on creating a safe therapeutic space and supportive regime.

The Female Prison will provide accommodation for a minimum of 50 prisoners, the accommodation comprises of a mixture of single bedrooms and studio apartment style accommodation, all with individual en-suites.

The women accommodated in this new facility will have full access to all supports and services required while in the prison.  The needs of the female prisoner’s health and wellbeing will be addressed with the inclusion of a healthcare suite with dentistry, medical assessment and consultation rooms.  

A work training and education suite with a mixture of classrooms and workshops will also be available.  Educational services are provided in partnership with a range of educational agencies including the Educational Training Boards, Public Library Services, the Open University and the Arts Council.

The facility will also provide a multi flexible visits regime to facilitate the provision of a variety of In-Reach services such as mental health services and addiction counselling.

A prisoner canteen and gymnasium is also included in the new build.   This is expected to be completed by the end of Summer 2022 and the new accommodation will become operational by the end of Q4 of 2022. This timeline assumes no further impact on construction activity or supply chain issues due to the Covid-19 pandemic.

Citizenship Applications

Ceisteanna (365)

Bernard Durkan

Ceist:

365. Deputy Bernard J. Durkan asked the Minister for Justice the progress made to date in the determination of an application for residency and citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [21752/22]

Freagraí scríofa

Minister for Justice

The person referred to by the Deputy is the subject of a Deportation Order, notification of which issued to them by registered post dated 26 June 2019.  That communication also advised the person concerned of the requirement that they present to the Garda National Immigration Bureau (GNIB) on 21 August 2019 to make the arrangements for their removal from the State. I am advised that they failed to do so.

While there is no outstanding correspondence or applications on file for this person, it is open to them to submit representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended).   A request seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the decision to make the original Deportation Order was made.  Any such request would be considered on its merits, having due regard to all refoulement issues. In the meantime, the Deportation Order remains valid and in place.

Requests for revocations should be sent directly to Repatriation Unit, Immigration Service Delivery, 13/14 Burgh Quay, Dublin 2 DO2 XK70.

Additionally, as the Deputy may be aware, the Regularisation of Long-Term Undocumented Migrants Scheme is now open for applications. People in the State with an existing Deportation Order can apply, if they meet the minimum undocumented residence requirement. 

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is now available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/. 

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 ([e-mail]), 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.  

Citizenship Applications

Ceisteanna (366)

Bernard Durkan

Ceist:

366. Deputy Bernard J. Durkan asked the Minister for Justice the progress made to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [21753/22]

Freagraí scríofa

Minister for Justice

I am pleased to inform the Deputy that a certificate of naturalisation issued to the person concerned by registered post on 28 April 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: [e-mail], 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.

Residency Permits

Ceisteanna (367)

Bernard Durkan

Ceist:

367. Deputy Bernard J. Durkan asked the Minister for Justice the residency status in the case of persons (details supplied); and if she will make a statement on the matter. [21754/22]

Freagraí scríofa

Minister for Justice

The person referred to by the Deputy is the subject of a Deportation Order made on 16 October 2019. Representations were received on behalf of the person concerned requesting that the Deportation Order be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). All relevant aspects of the case will be considered before a decision is made either to affirm or to revoke the Order. In the meantime, the Order remains valid and in place. 

The Domestic Residence and Permissions Division of my Department wrote to the applicant on 14 April 2022 requesting further documentation, which has not yet been received.

An application for a Irish Citizen Child (ICCA) was received from the person concerned on 30 September 2021 and this application continues to be examined by my Department. To be fair to all applicants, applications are dealt with in chronological order.

My Department endeavours to process all applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

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, 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. 

Naturalisation Applications

Ceisteanna (368)

Bernard Durkan

Ceist:

368. Deputy Bernard J. Durkan asked the Minister for Justice the status of a certificate of naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [21755/22]

Freagraí scríofa

Minister for Justice

As previously advised to the Deputy, the certificate of naturalisation for the person referred to was sent by registered post on 14 July 2021 to the address held on file. Tracking records indicate that it was delivered on 15 July 2021 at 10.30am. 

My Department has advised the person concerned to contact An Post directly. If their investigations with An Post proves unsuccessful, they will need to report the missing certificate of naturalisation to An Garda Síochána and provide my Department with a report.

To date, the Citizenship Division of my Department has not received the report or the questionnaire to enable the issue of a statement to the person concerned in lieu of the certificate of naturalisation.

The questionnaire is available for download on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2020/11/Questionnaire-Form-Lost-Cert.pdf .

 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: [e-mail], 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.

Refugee Resettlement Programme

Ceisteanna (369)

David Cullinane

Ceist:

369. Deputy David Cullinane asked the Minister for Justice if she will address a matter raised in correspondence (details supplied) in relation to the Afghan Relocation Programme; and if she will make a statement on the matter. [21763/22]

Freagraí scríofa

Minister for Justice

The person referred to by the Deputy made an application to the Afghan Admissions Programme, which was received by my Department on 16 February 2022.

All applications received under the Programme are currently being assessed and it is expected that applicants will receive a decision in mid-2022.

The application form for the Programme has been designed so that all applicants are treated fairly and equally in their applications and there should not be a requirement for additional information.  

While my Department is playing an important role in the whole-of-Government response to the Ukraine crisis, I can assure the Deputy that this has not diminished our commitment to implementing the Afghan Admission Programme, which is unique to Ireland.  A dedicated team is in place in my Department to examine and decide on the applications received under the Programme and is very conscious of the ongoing situation in Afghanistan.

Citizenship Applications

Ceisteanna (370)

Bernard Durkan

Ceist:

370. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [21785/22]

Freagraí scríofa

Minister for Justice

Applications for naturalisation and general queries in respect of same are dealt with in chronological order by date received.

When applications for a certificate of naturalisation are received by the Citizenship Division of my Department, they are subject to an initial check/examination. Citizenship Division is currently completing initial checks on applications received in September 2021.

On completion of the initial checks, my Department will contact the applicant to assign them an application number and issue an acknowledgment to the address given at the time of making the application.

I am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department has continued to accept and process citizenship applications throughout the pandemic and during all levels of public health restrictions. 

However, the combined impact of the 2019 High Court judgment in the Jones case, the necessary health restrictions arising from the pandemic, and my Department's response to the Ukraine crisis has 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 made since 2015, and reflects positively the significant changes undertaken to date.

Visa Applications

Ceisteanna (371)

Richard Boyd Barrett

Ceist:

371. Deputy Richard Boyd Barrett asked the Minister for Justice the reason that a person (details supplied) has been refused a holiday visa to visit their sons in 2022 given that they were granted a visa in 2017 and their circumstances have not changed; and if she will make a statement on the matter. [21807/22]

Freagraí scríofa

Minister for Justice

The Short Stay Visit 'C' visa application referred to by the Deputy was refused by the Visa Office in Dublin on 17 February 2022. The reasons for this decision were set out in the refusal letter sent to the applicant at that time. An appeal of this decision was made on 11 April 2022.

The Visa Appeals Officer has taken all of the documentation and information submitted with the original application and the appeal into consideration. The appeal was not successful and the original decision to refuse the application was upheld. The reasons for the refusal of the appeal are outlined in the refusal letter sent by my Department on 19 April 2022.

All applicants for a short stay ‘C’ visa (whether for a single entry or multiple entries) must show that they have sufficiently strong family, social or economic ties to a place of residence in a country other than Ireland to assure the visa officer assessing the application that the projected stay in Ireland will be temporary and in accordance with the duration and conditions of the permission granted by the immigration authorities on arrival in Ireland. The maximum stay allowed under a short stay ‘C’ visa is 90 days.

The responsibility for demonstrating substantial ties to a country other than Ireland rests with the applicant. The burden of proof in all cases is on the applicant to satisfy the visa officer. The visa officer may verify any evidence submitted in support of an application.

There is no right to be granted a visa. Nor is there any one set of documents or circumstances that will guarantee the approval of an application. However, the documents normally required in support of an application are set out in the ‘Guide to Supporting Documentation’ for each type of short stay ‘C’ visa, which can be found at: www.irishimmigration.ie/coming-to-visit-ireland/. 

Any person who has been refused a visa, and who wishes to make another application at a future point, will have their application assessed on its own merits, taking all relevant information into consideration at that time. Their prior immigration history is a matter of record but it does not preclude them from seeking a visa in the future.

Departmental Data

Ceisteanna (372)

Carol Nolan

Ceist:

372. Deputy Carol Nolan asked the Minister for Justice the total number of convictions for offences contrary to sections 2 to 6, inclusive, and 9 to 12, inclusive, and 15 of the Non-Fatal Offences Against the Person Act 1997 for the years 2015 to 2021 inclusive; the total number of those convicted under each heading in each year who were non-nationals; and if she will make a statement on the matter. [21814/22]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, 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, I have had enquiries made and the Courts Service has informed me that the attached table sets out the number of persons and number of offences where convictions were recorded for offences contrary to  sections 2, 3, 4, 5, 6, 10 and 15 of the Non-Fatal Offences Against the Person Act 1997 for the years requested. I am advised that there are no convictions in the District Court for Section 9, Section 11 and Section 12.

Please note that it is not possible for the Courts Service to provide statistics on nationalities.

I am further advised that some offences have been sent forward for trial to the Circuit Court.  At this time, the system in use by the Courts Service in the Circuit Courts is ("ICMS") a Lotus Notes database and cannot produce reports for specific offences. The only reports which are available are by offence category rather than for individual offences and categories of offences can contain multiple offences.

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

			Jan – Dec 2015		Jan – Dec 2016		Jan – Dec 2017		Jan – Dec 2018		Jan -Dec 2019		Jan – Dec 2020		Jan – Dec 2021
Offence	Section	No of Offences	No of Persons	No of Offences	No of Persons	No of Offences	No of Persons	No of Offences	No of Persons	No of Offences	No of Persons	No of Offences	No of Persons	No of Offences	No of Persons
Assault	Section 2	908	769	885	726	898	759	965	804	950	774	767	611	843	699
Assault - impact casued to body Section 2 Non-Fatal	Section 2	1	1	1	1					1	1	1	1
Assault causing harm	Section 3	473	442	482	439	494	453	508	467	535	500	390	359	451	417
Causing serious harm	Section 4									2	2
Threatening to kill or cause serious harm	Section 5	38	33	44	36	55	48	63	52	52	48	63	53	102	88
Threatening to injure another with a syringe	Section 6(1)(b) and (4)			1	1	1	1			1	1			1	1
Sprays/Pours etc. blood etc. onto another	Section 6(2)(a) and (4)	2	1			2	2			2	2			1	1
Intentionally spraying/pouring etc. contaminated blood onto another	Section 6(5)(b) and (d)							1	1
Harassment/Stalking	Section 10(1) and (6)	28	25	31	30	35	33	40	38	51	45	32	31	33	31
Breach of Court Order (Stalking Offence)	Section 10(4) and (6)									2	2	1	1	1	1
False Imprisonment	Section 15	2	2	3	3	3	3			5	5	1	1	2	2
Total		1,452	1,273	1,447	1,236	1,488	1,299	1,577	1,362	1,601	1,380	1,255	1,057	1,434	1,240