Cathal Crowe
Ceist:8. Deputy Cathal Crowe asked the Minister for Justice if she has any plans to review the civil legal aid system; and if she will make a statement on the matter. [26073/22]
Amharc ar fhreagraLegal Aid
Ceisteanna (8)
Freagraí scríofa
As outlined in Justice Plan 2022, Minister McEntee is committed to undertaking a comprehensive review of the Civil Legal Aid Scheme. My Department is currently working to finalise the mode and terms of reference of the review.
As part of the review process, it is intended that there will be significant consultation to ensure that the insights of a range of stakeholders regarding the operation of the scheme – and how best to support those of limited means with legal needs – will inform the work of the Review Group.
Capturing the views of those who have unmet legal needs will be an important part of the Group’s consultation and engagement. One of the areas which may be considered in the review is eligibility for civil legal aid.
Since the Civil Legal Aid Scheme was first established over 40 years ago, Irish society has changed and the demands on the Scheme have grown. In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the Scheme is now timely.
Ultimately the review should map out a future for the Civil Legal Aid Scheme; one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of insufficient means.
It is envisaged that the Review Group will commence its work shortly. Minister McEntee intends to bring a Memorandum to Government in the coming weeks setting out the final approach and confirming the membership of the Group. The public consultation will open thereafter and Minister McEntee and I encourage as many people as possible to participate and to have their say on this important matter.
Question No. 9 answered orally.
Work Permits
Ceisteanna (10)
Christopher O'Sullivan
Ceist:10. Deputy Christopher O'Sullivan asked the Minister for Justice the status of the proposed new work permit scheme for non-European Union workers that wish to work in the fishing sector; and if she will make a statement on the matter. [26017/22]
Amharc ar fhreagraFreagraí scríofa
The Atypical Working Scheme was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for an employment permit under the regime operated by the Department of Enterprise, Trade and Employment.
The Scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet and was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the Scheme.
The Scheme requires that the crew member be provided with a copy of their contract of employment in both English and in their native language by their employer.
AWS permission holders can also make a request to change to a different employer licensed under the Scheme at any time during their permission. They do not need to leave the State in order to do this.
A number of Departments are involved in the Scheme and it is monitored by an Oversight Committee, chaired by the Department of Agriculture, Food and Marine with members from relevant Departments and State Agencies.
A review of the Atypical Working Scheme for non-EEA fishers was recently carried out by officials from my Department, the Department of Agriculture, Food and the Marine, and the Department of Enterprise, Trade and Employment.
As part of the review, stakeholders involved, or with an interest in, the scheme, including relevant Government Departments and agencies, employer groups, solicitors representing applicants, the International Transport Workers Federation and others were invited to make submissions by 2 February 2022.
The review group has recently concluded its work and Minister McEntee intends, together with ministerial colleagues in the Department of Enterprise, Trade and Employment, and the Department of Agriculture, to make proposals to Government shortly.
In the meantime, the Oversight Committee continues to oversee the scheme as currently structured.
Questions Nos. 11 to 15, inclusive, answered orally.
Immigration Policy
Ceisteanna (16)
Gino Kenny
Ceist:16. Deputy Gino Kenny asked the Minister for Justice if she will amend the regularisation of the long-term undocumented migrants' scheme for undocumented persons to reduce the €850 application fee; and if she will make a statement on the matter. [26060/22]
Amharc ar fhreagraFreagraí scríofa
My Department opened the once-in-a generation scheme for the Regularisation of Long Term Undocumented Migrants in the State on 31 January 2022 for a six month period. The scheme is designed, following detailed engagement with the people affected, to give long-term undocumented people without a current immigration permission the chance to regularise their status, access the labour market and begin their path to citizenship.
The scheme genuinely is a once-off, life-changing opportunity to obtain status in the State. I encourage everyone eligible for the scheme, who has not yet made an application, to do so before the closing date. I can assure people that we are examining applications pragmatically and humanely and we are considering all viable proofs of residence.
If the Deputy or any Deputy in the House is aware of someone who might be eligible for the scheme please encourage them to come forward. Applicants will be supported in a positive way and if they are not eligible for the scheme, other immigration options can be explored.
To publicise the scheme, my Department has recently commenced a targeted social medial ad campaign across all of the main social media platforms directed at the top 10 nationalities eligible under the scheme in their own native languages. This campaign will run until the scheme closes at the end of July.
I am aware, particularly in the current economic climate, of the financial pressures that everyone is under. However, the fees payable by an applicant for this scheme are designed to reflect the effort and cost involved in processing applications for the scheme which, given the benefits involved, is quite a detailed process.
A fee of €550 applies to individual applications. A fee of €700 applies to a family unit application. Children up to 23 years of age, living with their parent or parents, can be included in a family unit application. There is no provision for the discretionary waiver or reduction of fees for the scheme.
Successful applicants to the scheme will also be required to register their permission granted. Anyone over the age of 18 years will also be required to pay a registration fee of €300, which is the standard immigration registration fee.
The separate international protection strand of the scheme, which opened for applications on 7 February 2022, has no fee for making an application or for subsequently registering a permission granted.
I am delighted to say that across both strands of the scheme over 800 people have now received a positive decision on their application.
Inquiry into the Death of Mr. Shane O'Farrell
Ceisteanna (17)
Matt Carthy
Ceist:17. Deputy Matt Carthy asked the Minister for Justice when she expects to receive the final report of a scoping exercise in relation to the death of a person (details supplied); and if she has been informed of the reasons for the delay to date. [26129/22]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, retired Judge Gerard Haughton has been conducting a scoping exercise into the tragic circumstances surrounding Shane O'Farrell's death. The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
I am informed that the Judge is on the verge of completing the scoping exercise and has begun the process to compile his final report. Once that process is complete I understand that Judge Haughton will submit his final report to me.
Once I have received the final report, the advice of the Attorney General will be sought on publication.
I will conclude by re-stating in the clearest possible terms that neither the Government nor my own Department is in any way opposed to the possibility of a further inquiry into this case if that is what is recommended. However, the Deputy will understand that I cannot pre-empt the outcome of the scoping exercise.
Domestic, Sexual and Gender-based Violence
Ceisteanna (18)
Fergus O'Dowd
Ceist:18. Deputy Fergus O'Dowd asked the Minister for Justice her plans to provide additional resources to An Garda Síochána to tackle all forms of domestic violence; and if she will make a statement on the matter. [25993/22]
Amharc ar fhreagraFreagraí scríofa
Tackling domestic, sexual and gender based violence is a priority for Government.
We are committed to ensuring An Garda Síochána have the legislation, equipment and training necessary to combat all forms of DSGBV and support victims and survivors.
I have also prioritised work in my Department to strengthen the criminal law in this area, including through the introduction of standalone offences of stalking and non-fatal strangulation.
I am progressing a new Sexual Offences Bill which will, among other things, better support victims. Separately I will seek to enact the Sex Offenders Bill later this year which addresses the management and monitoring of sex offenders in the community.
The Garda budget for 2022 is at an all-time high of over €2 billion, an increase of approximately €300 million since 2019.
Investing in IT and training also supports Gardaí in their work to tackle violence against women and this year I was pleased to secure an additional €10.5 million for operational expenditure – including provision for mobile devices, equipment for specialist units and on-going training for priority areas. The budget also includes provision of €147 million for ICT and Building Programme and the organisation’s transport fleet. All these investments help in tackling DSGBV as well as other crimes.
The rollout of body worn cameras to Gardaí, as provided for in the Garda Síochána (Digital Recording) Bill 2022, will be particularly helpful to first responders to reports of domestic abuse.
As the Deputy is probably aware, there is now a Divisional Protective Services Unit in every Garda division, with staffing in these specialist units having increased by over 70 to 332 since July 2020.
The Garda National Protective Services Bureau has completed a nationwide canvass to determine the training needs for DPSU staff and a new training programme will be ready for delivery in the coming weeks with in-person training expected to recommence in Q3 of this year.
While officers attached to DPSUs receive a range of specialist training, all Gardaí are trained as first responders so they are equipped to deal with victims, including of domestic, sexual and gender-based violence.
The new national strategy, which I will bring to Government shortly, will articulate the actions to support the goal of zero tolerance for gender-based violence.
Under the strategy, there will be a continued focus on awareness raising and education, not just across the criminal justice system, but across all of society’s approach to this topic.
This is with a view to ensuring everyone recognises their role in reaching our shared objective of a society where there is zero tolerance for any form of DSGBV.
Domestic, Sexual and Gender-based Violence
Ceisteanna (19)
Dara Calleary
Ceist:19. Deputy Dara Calleary asked the Minister for Justice if she intends to increase sentences for sexual assault and violent offences; and if she will make a statement on the matter. [25995/22]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware, Minister McEntee is currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported, including in court proceedings.
While sentencing is a matter for the judiciary who are independent and subject only to the Constitution and the law, my Department is committed to working to strengthen the legislation in place to combat violence against women.
For example, Government recently approved the drafting of legislation to make stalking and non-fatal strangulation standalone offences.
Under Coco's Law, enacted last year, the maximum penalty for harassment has been increased from seven years to ten years and/or an unlimited fine. The penalty is now on the higher end of the range of penalties imposed internationally for harassment and reflects the harm it causes.
In the summer, the new Hate Crime Bill will be published which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender. A new Sexual Offences Bill will also be published later this year which will include, in particular, provisions to implement commitments in Supporting a Victim’s Journey.
Later this year Minister McEntee will also seek to enact the Sex Offenders Bill which will strengthen the management and monitoring of sex offenders in the community.
In addition, under Justice Plan 2022, we have committed to examine reform in relation to the mandatory life sentence for murder to allow judges set a minimum number of years to be served, having regard to the aggravating and mitigating factors in any particular case. The recommendation from the Law Reform Commission’s 2013 report on Mandatory Sentences will be examined as part of this process.
I think the Deputy will agree it is imperative that our law is kept updated in order to tackle domestic, sexual and gender-based violence in all its form, and to ensure everyone, regardless of gender, feels safe and is safe in our communities. The prioritisation of this hugely-important work is evident in the policy and legislative developments implemented by this Government and those that are currently being progressed.
Domestic, Sexual and Gender-based Violence
Ceisteanna (20)
Emer Higgins
Ceist:20. Deputy Emer Higgins asked the Minister for Justice if she will report on her Department’s progress in increasing the number of women’s refuges available across the country; and if she will make a statement on the matter. [26069/22]
Amharc ar fhreagraFreagraí scríofa
The government is committed to ensuring that everyone who needs a refuge space will have access to a refuge space. I fully acknowledge the need for a significant increase the provision of refuge spaces and I am committed to achieving this in order to ensure that victims have a safe place when they need it.
As the Deputy will be aware, Tusla, the Child and Family Service, completed a review of accommodation services for victims of domestic, sexual and gender-based violence which identifies priority locations where there is a particular urgency. It is my intention to use the findings of this review as one of the ways to address gaps in the provision of refuge places.
While the review found that a minimum of between 50 and 60 new refuge places are needed as a priority, further analysis has identified 10 locations nationwide where the delivery of 82 family refuge spaces would have the most impact if prioritised.
These locations have been chosen on the basis of required proximity to a refuge, as well as a need for refuge spaces per head of population in densely populated areas.
They represent areas where there is the most significant under-provision and are a starting point to increasing refuge spaces comprehensively and in every county across the country.
It is our shared goal that everyone who needs a refuge space will get one, and the Government is committed to working with the sector to achieve this.
I also acknowledge the need to make it easier for organisations to access necessary funding and obtain the support needed to bring forward quality proposals.
At present, the time taken from initiation to the delivery of units can take years. To examine how it might be possible to shorten that timeframe, I have established a high level Inter-Departmental Group to review the current system for the provision of refuge spaces and to identify changes that can be made to the system to deliver additional spaces in the shortest timeframe possible. The Group is due to report to me in June.
As part of the work to finalise the third National Strategy to combat Domestic, Sexual and Gender-based Violence, my Department is examining how to advance the recommendations made in the Tusla review to both improve how, and how quickly, we deliver refuge spaces.
The strategy will contain actions for doing so both in the immediate and longer term.