Tuesday, 31 May 2022

Written Answers Nos. 594-613

International Protection

Ceisteanna (594)

Duncan Smith

Ceist:

594. Deputy Duncan Smith asked the Minister for Justice the number of protection applicants that were noted as not being unaccompanied minors following participation in the Tusla age assessment procedure but had presented with a date of birth which would make them under 18 years of age at the time their case was opened when they entered the international protection process in 2020 and 2021; if she will provide a breakdown by nationality; and if she will make a statement on the matter. [27793/22]

Freagraí scríofa

Minister for Justice

A person arriving in the State can seek to apply for international protection at a port of entry or at the offices of the International Protection Office (IPO). The immigration officer at the port of entry or the international protection officer at the IPO will refer a person to Tusla, the Child and Family Agency, if they present with a date of birth which would make them under 18 years of age. No preliminary interview under section 13 under the International Protection Act 2015 will be conducted for that person.

Tusla will assess the person’s age under the Child Care Act and, if Tusla deems the person as an adult, Tusla will refer the person to the IPO to apply for international protection.

The table below provides statistics on the number of applications made by persons deemed an adult by Tusla. Where the number of applications for individual countries is low (less than 6), a breakdown by country is not provided. This is for reasons of confidentiality, as provided for under Section 26 of the International Protection Act 2015.

Applications from persons 'deemed adult' by Tusla 2020 and 2021
.	2020	2021
Afghanistan	5	13
Somalia	5	6
South Africa	5	0
Eritrea	0	5
Congo	0	5
Guinea	5	0
Georgia	0	5
Albania	0	5
Total	11	25

If Tusla deems a person as an unaccompanied minor, Tusla will decide if it is in the best interest of the child to make an application for international protection under section 15(4) of the International Protection Act 2015. 

Section 15(4) of the 2015 Act provides that where it appears to Tusla, the Child and Family Agency, on the basis of information, including legal advice, available to it, that an application for international protection should be made on behalf of a child under 18 in respect of whom it is providing care and protection, it shall arrange for an employee of the Agency to make an application on behalf of the child and to represent and assist the child with respect to the examination of the application.

An Garda Síochána

Ceisteanna (595)

Violet-Anne Wynne

Ceist:

595. Deputy Violet-Anne Wynne asked the Minister for Justice the estimated full-year cost of recruiting three additional full-time accountants for the Garda National Economic Crime Bureau. [27872/22]

Freagraí scríofa

Minister for Justice

I have requested the information sought by the Deputy from the Garda authorities.  Unfortunately this was not to hand in time. I will write to the Deputy once the information is received. 

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question No. 595 of 31 May 2022 where you sought: “the estimated full-year cost of recruiting three additional full-time accountants for the Garda National Economic Crime Bureau”.

As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.

I am informed by the Garda authorities that the estimated full year cost of recruiting three additional full-time accountants for the Garda National Economic Crime Bureau would be approximately €193,641 + PRSI (€64,547 per person).

I am further advised by the Garda authorities that this estimated costing relies on the assumption of three full-time accountants being placed on the first point of the relevant salary scale.

As you will appreciate, in accordance with the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána, including the training of its members and Garda staff. The Commissioner is also responsible for the effective and efficient use of the resources available to An Garda Síochána, in light of identified operational demands. As Minister, I have no direct role in these matters.

I hope that the above information is of assistance.

Prison Service

Ceisteanna (596, 597)

Peadar Tóibín

Ceist:

596. Deputy Peadar Tóibín asked the Minister for Justice the number of drug finds in each prison for each of the past ten years; the estimated value of these drugs finds in each prison for each of the past ten years; the number of persons who have been convicted for these drugs finds in each prison for each of the past ten years; and the number of Irish Prison Service staff who have been convicted for these finds in each prison for each of the past five years. [27875/22]

Peadar Tóibín

Ceist:

597. Deputy Peadar Tóibín asked the Minister for Justice the number of phones and illegal contraband which have been found in each prison for each of the past five years; the number of persons who have been convicted for these drugs finds in each prison for each of the past ten years; and the number of Irish Prison Service staff who have been convicted for these finds in each prison for each of the past ten years. [27876/22]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 596 and 597 together.

The information sought by the Deputy is currently being collated and verified and I will write to the Deputy once the information is to hand.  

 

The following deferred reply was received under Standing Order 51.

I refer to your recent Parliamentary Questions Numbers 596 and 597 for written answer on Tuesday 31 May 2022 requesting the number of drug finds in each prison for each of the past ten years; the estimated value of these drugs finds in each prison for each of the past ten years; the number of persons who have been convicted for these drugs finds in each prison for each of the past ten years; and the number of Irish Prison Service staff who have been convicted for these finds in each prison for each of the past five years

and

the number of phones and illegal contraband which have been found in each prison for each of the past five years; the number of persons who have been convicted for these drugs finds in each prison for each of the past ten years; and the number of Irish Prison Service staff who have been convicted for these finds in each prison for each of the past ten years respectively .

As you will recall, the information you requested was not readily available at that time and Minister McEntee undertook to respond to you as soon as possible with the relevant information. A response to these questions is now provided below.

Preventing access to contraband items continues to be a major challenge in prisons today. In particular mobile phones and drugs are viewed as highly valuable commodities among elements of the prison population. Efforts are made on a continuous basis to prevent the flow of contraband into our prisons through security measures such as the installation of nets over exercise yards, vigilant observation of prisoners by staff, enhanced CCTV monitoring, stricter control of visits and the use of random and targeted searches on a daily basis.

The Irish Prison Service continues to enhance prison security and, as can been seen from contraband seizure statistics, significant amounts of contraband are detected and intercepted before reaching the prison population. The Service recently introduced new drug swabbing equipment which is similar to airport style explosives swabbing and an anti-drone system is now fully operational in a number of prisons.

The Service is also in the process of upgrading security screening equipment at the point of entry to prisons to enhance the detection of contraband including very small mobile phones.

Addressing both the demand for, and supply of, illegal drugs remains a priority for the Irish Prison Service. A new drug strategy containing actions aimed at reducing the supply and demand for illegal drugs in prisons is under consideration.

I am advised by the Irish Prison Service that, the information requested in respect of drug seizures and phone seizures is provided in the appendix, tables 1 and 2.

I can advise the Deputy that, the Irish Prison Service does not collate statistics on the value of drug finds, as the Irish Prison Service do not have the facility to test for quantity or substance type and any suspected drug seizure is passed to An Garda Síochána for examination.

With regard to your request for information concerning the number of convictions for both drugs and mobile phone seizures, the data on the number of convictions which attracted a custodial warrant has been collated by the Irish Prison Service and is set out in the appendix, tables 3 to 8.

It should be noted that this information does not include any convictions that may have received a non-custodial conviction such as a suspended prison sentence or Community Service order.

I trust this explains the situation.

Appendix 1

Table 1: Total number of drug seizures in prisons from 2012 to weekending 20th May 2022.

Prison	Year 2022*	Year 2021	Year 2020	Year 2019	Year 2018	Year 2017	Year 2016	Year 2015	Year 2014	Year 2013	Year 2012
Arbour Hill Prison	0	0	0	0	0	0	0	0	0	0	0
Castlerea Prison	20	5	36	59	70	85	48	78	98	70	50
Cloverhill Prison	119	55	207	186	155	93	88	104	167	105	78
Cork Prison	13	17	46	65	55	21	38	39	72	48	49
Limerick Prison	72	13	116	81	94	84	88	63	80	158	287
Loughan House	0	0	0	1	4	5	7	26	16	9	15
Midlands Prison	31	27	33	97	97	124	99	86	136	136	115
Mountjoy Female Prison	0	0	3	15	9	13	10	19	13	3	35
Mountjoy Male Prison	127	89	319	237	221	373	139	136	143	183	235
Portlaoise Prison	9	0	11	19	30	35	33	34	17	18	19
Shelton Abbey	0	0	1	1	0	2	3	10	0	1	13
St Patricks Institution	0	0	0	0	0	0	0	52	60	101	219
The Training Unit	0	0	0	0	0	0	6	13	5	29	18
Wheatfield Prison	217	71	479	490	403	183	156	148	179	158	123
Total	608	277	1,251	1,251	1,138	1,018	715	808	986	1,019	1,256

Table 2:Total number of mobile phone seizures in prisons from 2017 to weekending 20th May 2022.

Prison	2017	2018	2019	2020	2021	2022*
Arbour Hill	0	0	0	0	0	0
Castlerea	85	52	98	33	18	10
Cloverhill	45	148	127	198	328	152
Cork	22	29	27	15	32	14
Limerick	66	56	50	65	89	43
Loughan House	3	2	4	0	0	0
Midlands	123	127	96	47	30	25
Mountjoy Female Prison	7	3	3	1	2	0
Mountjoy Male Prison	334	296	228	212	302	154
Portlaoise	19	22	22	8	11	9
Shelton Abbey	4	3	0	1	0	0
Training Unit	3	0	0	0	0	0
Wheatfield	161	224	309	568	557	202
Total	872	962	964	1,148	1,369	609

Table 3. Convicted of Possession Of Mobile In Prisons

Establishment	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	Total
Arbour Hill Prison	0	1	0	0	0	0	0	0	0	0	0	1
Castlerea Prison	4	2	1	2	7	0	7	6	11	0	23	63
Cloverhill Prison	1	1	1	2	0	1	0	0	3	3	3	15
Cork Prison	5	0	0	0	1	4	14	13	5	1	5	48
Limerick Prison (Female)	0	1	0	1	0	0	0	1	1	0	0	4
Limerick Prison (Male)	5	6	2	0	6	7	12	8	15	4	5	70
Midland Prison	3	2	6	2	5	8	11	12	19	18	9	95
Mountjoy Prison (Female)	0	0	0	0	0	0	1	0	0	0	0	1
Mountjoy Prison (Male)	6	15	8	5	1	13	26	66	67	38	35	280
Portlaoise Prison	1	3	3	2	3	3	2	4	7	1	4	33
Shelton Abbey Place Of Detention	0	0	0	0	0	0	0	0	0	1	0	1
St. Patricks Institution	1	2	0	0	0	0	0	0	0	0	0	3
Training Unit Place Of Detention	1	1	0	0	0	0	0	0	0	0	0	2
Wheatfield Prison	5	0	5	7	0	4	2	5	2	11	39	80
Grand Total	32	34	26	21	23	40	75	115	130	77	123	696

696 convictions involving 523 persons

Table 4. Convicted of Supplying Prisoner With Mobile Telecommunications Device.

Establishment	2012	2016	2019	Total
Castlerea Prison	1	0	4	5
Limerick Prison (Male)	0	0	1	1
Mountjoy Prison (Female)	0	1	1	2
Grand Total	1	1	6	8

8 convictions involving 5 persons

Table 5. Convicted of Unlawful Supply Of Controlled Drugs Into Prisons/Places Of Detention

Establishment	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	Total
Castlerea Prison	1	2	1	0	0	1	0	1	0	0	1	7
Cloverhill Remand Prison	0	0	0	0	1	0	0	0	0	0	0	1
Cork Prison	0	0	1	0	2	2	0	0	0	0	0	5
Limerick Prison (Female)	0	0	0	0	1	0	0	0	0	0	0	1
Limerick Prison (Male)	0	0	1	0	0	0	0	0	0	0	1	2
Midlands Prison	0	0	0	3	0	1	1	0	2	0	1	8
Mountjoy Prison (Female)	1	1	0	2	3	2	1	0	1	0	1	12
Mountjoy Prison (Male)	4	5	0	2	2	1	0	1	1	1	1	18
Portlaoise Prison	1	0	0	0	0	0	0	0	0	0	0	1
St. Patricks Institution	0	1	0	1	0	0	0	0	0	0	0	2
Wheatfield Prison	0	1	0	0	1	0	1	0	0	1	0	4
Grand Total	7	10	3	8	10	7	3	2	4	2	5	61

61 convictions involving 55 persons

Table 6. Convicted of Placing A Controlled Drug In Prisons/Places Of Detention

Establishment	2011	2012	2013	2014	2015	2016	2021	Total
Castlerea Prison	0	0	1	0	0	0	0	1
Cork Prison	0	0	1	1	1	5	0	8
Limerick Prison (Female)	0	0	0	0	1	0	0	1
Limerick Prison (Male)	0	0	0	0	1	0	0	1
Mountjoy Prison (Female)	0	0	1	0	2	0	0	3
Mountjoy Prison (Male)	0	0	0	0	0	0	1	1
St. Patricks Institution	1	0	0	0	0	0	0	1
Wheatfield Prison	0	1	0	0	0	0	0	1
Grand Total	1	1	3	1	5	5	1	17

17 convictions involving 13 person

Table 7. Convicted Of Throw/Project A Controlled Drug Into A Prison/Children Detention School/Remand Centre With Intent To Commit

Establishment	2012	2019	Total
Cork Prison	1	0

Question No. 597 answered with Question No. 596.

Prison Service

Ceisteanna (598)

Peadar Tóibín

Ceist:

598. Deputy Peadar Tóibín asked the Minister for Justice the number of prisons that have actually implemented the performance management and development system in full for each staff member for each of the past ten years (details supplied); and the way that the Irish Prison Service is generating a rating for each staff member. [27877/22]

Freagraí scríofa

Minister for Justice

I am advised by the Director General of the Irish Prison Service that the Performance Management and Development System implemented by the Irish Prison Service is the centrally agreed system for the Civil Service.

The data on compliance from the Irish Prison Service evaluations under the Civil Service Performance Management and Development System (PMDS) is available on the Department of Public Expenditure and Reform website, together with comprehensive information on the PMDS itself, including the system of ratings. The link to the website is hr.per.gov.ie/en/corporate-pages/career/performance/pmds/#article-section-2013.  

In accordance with central policy, all line managers are obliged to ensure that the PMDS process is conducted and recorded appropriately for each member of their staff.  The paper records are maintained in the Human Resources Office in each prison.   Failure to engage appropriately in the PMDS process results in a rating of ‘unsatisfactory’ for the staff member and may be dealt with as a disciplinary matter.  

While the current PMDS process in the Irish Prison Service is a paper based process, which has been in place for a number of years, the Irish Prison Service is currently in the process of upgrading its Human Resources Management System to allow for an electronic Performance Management Development System functionality.  This will significantly streamline the process and allow for improved reporting functionality to ensure full compliance, this will be rolled out in June 2022.

The Irish Prison Service will continue to work with all managers across the system to ensure full compliance with PMDS.

Prison Service

Ceisteanna (599)

Peadar Tóibín

Ceist:

599. Deputy Peadar Tóibín asked the Minister for Justice the number of staff within the Irish Prison Service who are off work on sick leave or who are absent from work in each prison for each of the past five years; the percentage of total staff on sick leave or absent from work in each prison for each of the past five years; and the number of staff who have taken early retirement within each prison for each of the past five years. [27878/22]

Freagraí scríofa

Minister for Justice

I have sought the information requested by the Deputy from the Irish Prison Service, however, the information was not available within the time permitted. I will write to the Deputy once the information is to hand.

Departmental Reviews

Ceisteanna (600)

Catherine Murphy

Ceist:

600. Deputy Catherine Murphy asked the Minister for Justice the status of the review of the Special Criminal Court; the date the final report is expected to be submitted; and the details of the human rights organisations and groups of stakeholders consulted as part of the review. [27910/22]

Freagraí scríofa

Minister for Justice

As the Deputy is aware, last year I established an expert group to carry out an independent review of the Offences Against the State Acts.

The Review Group is chaired by Mr Justice Michael Peart, former Judge of the Court of Appeal, and is tasked with examining all aspects of the Offences Against the State Acts having regard to the current threat posed by domestic/international terrorism and organised crime, the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State and Ireland’s obligations in relation to Constitutional and ECHR rights and international law.

The Terms of Reference for the Review Group also included a requirement that the review be undertaken in consultation  with relevant stakeholders, statutory agencies and civil society organisations.

The Deputy will appreciate that the Review Group is independent in  the performance of its work. I am however informed that the Review Group has, as part of its consultation process, had significant engagement with relevant stakeholders, statutory agencies and civil society organisations, including human rights organisations.

I expect to receive the final report of the Review Group in the autumn. Upon receipt of the report, time will be required to consider any recommendations made by the group.

Jury Service

Ceisteanna (601)

Catherine Murphy

Ceist:

601. Deputy Catherine Murphy asked the Minister for Justice the number of instances of reported jury intimidation or interference in each of the past two years. [27911/22]

Freagraí scríofa

Minister for Justice

I have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question No. 601 of 31 May 2022 where you sought:

“The number of instances of reported jury intimidation or interference in each of the past two years”.

As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.

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. I have no role in these matters.

I am informed that the Garda authorities hold information in relation to intimidation of witnesses/ jurors who assist in the investigation by An Garda Síochána of an offence; or of a witness / potential witness / juror / potential juror in proceedings for an offence with the intention of causing the investigation / the course of justice to be obstructed, perverted or interfered with.

I am advised by the Garda authorities that the table below sets out the number of proceedings and convictions where intimidation of a witness/ juror was reported in 2020, 2021 and up to and including 21 April 2022, the latest date for which figures are available.

Year	Proceedings	Convictions
2020	48	11
2021	45	4
As of 21 April 2022	7	0

*Statistics provided are Provisional, Operational and Liable to Change*

I am informed that the Garda authorities are able to breakdown this information by offence code only, and cannot isolate incidents related to jurors only as a result.

It should of course be noted that, in the type of trials which would be most at risk of jury intimidation (i.e. those which relate to certain offences relating to subversive groups and organised criminal gangs), the existence of the Special Criminal Court means that jury intimidation is not possible where such cases are referred there.

I hope that this information is of assistance.

Jury Service

Ceisteanna (602, 603)

Catherine Murphy

Ceist:

602. Deputy Catherine Murphy asked the Minister for Justice the details of work done to date on jury reform under her Department’s Statement of Strategy 2021-2023. [27912/22]

Catherine Murphy

Ceist:

603. Deputy Catherine Murphy asked the Minister for Justice the details of work done to date on increasing jury protection measures under her Department’s Statement of Strategy 2021-2023 [27913/22]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 602 and 603 together.

Improving access to justice and modernisation of the courts system, including jury reform, is one of the overarching strategic goals of my Department over the next three years, and is a priority objective of my Justice Plan 2022.

The Courts Service has already embarked on multi-year programme of modernisation to enhance the delivery of services to the people of Ireland. As part of its aims for the programme, the Courts Service is committed to simplifying services and processes.

This will build on a number of important reforms introduced over the last decade, including the following changes to jury service:

- removal of the upper age limit for eligibility to serve on a jury;

- provision for the appointment of up to three additional jurors to ensure continuity in lengthy criminal trials;

- the modernisation and centralisation by the Courts Service of the handling of all jury summonses from across the country, allowing greater efficiency in managing jury lists - previously this was carried out by each Circuit Court office; and

- the enactment of the Criminal Procedure Act 2021 which provides for pre-trial hearings, reducing the scope for lengthy legal argument during the course of trials, making court procedures faster and more efficient, thus improving the experience for jurors.

- During 2020, further consideration was given to jury reforms while assessing the impact of the Covid-19 pandemic on criminal trials.  In this context, the Deputy will be aware that I brought forward the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and the previously mentioned Criminal Procedure Act 2021.

- Jury service exists to protect an individual's rights and to involve the public in the administration of justice. Jury service is one of the most important civic duties that a person can be asked to perform. While there are no expenses paid to jurors who are called for jury duty, lunch and refreshments are provided for those who ultimately serve on a jury.

- Information for potential jurors on jury duty is posted with jury summonses and can also be found on the Courts Service website. This information includes an outline of the position regarding expenses and explains that employers must continue to pay an employee while engaged on jury duty. Self-employed persons can seek to be excused by the County Registrar.

- I would intend that, in due course, the overall operation of the jury system will be reviewed in the context of my Department’s Statement of Strategy and my Justice Plan 2022. Any necessary reforms will be addressed in primary legislation, including, as appropriate, the specific points raised by the Deputy.

Question No. 603 answered with Question No. 602.

An Garda Síochána

Ceisteanna (604, 605)

Jim O'Callaghan

Ceist:

604. Deputy Jim O'Callaghan asked the Minister for Justice when the new garda stations at Clonmel and Macroom will be put to tender; and if she will make a statement on the matter. [27961/22]

Jim O'Callaghan

Ceist:

605. Deputy Jim O'Callaghan asked the Minister for Justice the reason for the delay in putting the new garda stations at Clonmel and Macroom to tender; and if she will make a statement on the matter. [27962/22]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 604 and 605 together.

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the Garda estate. As Minister, I have no direct role in these matters.

The Deputy will also be aware that the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW. 

The proposed new Garda Station in Clonmel is to be built as part of a Public Private Partnership (PPP) along with the Family Law Court in Hammond Lane, Dublin 7 and the new Cork County Garda Divisional Headquarters in Macroom, Co. Cork.

I am advised that planning permission for the new Garda stations in Macroom and Clonmel was granted in 2021.  An Garda Síochána continues to engage with my Department, the OPW and the National Development Finance Agency, which is the procuring authority for PPPs, to progress this project which will include the tender process, contract agreement and construction, with a view to issuing the related tender in mid-2023.

Question No. 605 answered with Question No. 604.

An Garda Síochána

Ceisteanna (606)

Paul Donnelly

Ceist:

606. Deputy Paul Donnelly asked the Minister for Justice the status of the Ombudsman investigation into the death of a person (details supplied) and when the findings will be published. [27979/22]

Freagraí scríofa

Minister for Justice

I would like to again extend my deepest sympathies to all those impacted by this tragic event in Hartstown, and in particular to the Nkencho family.

As the Deputy will be aware, the shooting of Mr George Nkencho is being fully investigated by the Garda Síochána Ombudsman Commission (GSOC), which is the independent statutory body established to investigate such incidents. This is the case with every incident involving the Gardaí that results in the death or serious harm of a person.  I understand this investigation is ongoing.

I am further advised that legal proceedings have recently been initiated against the State in this case and in these circumstances it would not be appropriate for me to comment further.

An Garda Síochána

Ceisteanna (607)

Maurice Quinlivan

Ceist:

607. Deputy Maurice Quinlivan asked the Minister for Justice for the number of gardaí assigned to each Garda station in Limerick city in tabular form; and if she will make a statement on the matter. [27995/22]

Freagraí scríofa

Minister for Justice

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2022 of over €2 billion.

As 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 Divisions. As Minister, I have no direct role in these matters.

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

I am advised by the Garda authorities that at 30 April 2022, the latest date for which figures are available, there were 596 Garda members assigned to Limerick division. This represents an increase of almost 7% since December 2017, when there were 558 Gardaí assigned to the division.

For the Deputy's information the attached table, which has been provided to me by the Garda authorities, sets out the number of Garda assigned to each station in the Limerick division at 30 April 2022.

GardaLimerickDivision

Further detailed information in relation to Garda numbers is available on my Department’s website.  This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.

The information can be found at the following link:

www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures

Prison Service

Ceisteanna (608)

Patrick Costello

Ceist:

608. Deputy Patrick Costello asked the Minister for Justice if she will request the Irish Prison Service to carry out a review and updating of its current drugs strategy which dates from 2006; and if she will make a statement on the matter. [27999/22]

Freagraí scríofa

Minister for Justice

The issue of drug use continues to be a major challenge facing prisons systems across the globe.  Large proportions of the people who enter the criminal justice system and prison have a history of drug use. A 2014 study for the World Health Organisation estimated that half the prison population of the EU had a history of drug use and many of these people continue to use drugs while they are in prison.

Addiction is a societal problem and a major contributory factor in criminality and as a consequence, everyday life in many Irish prisons is impacted by drug-related issues. There is an over-representation of drug users in Irish prisons and prisoners have higher rates of lifetime drug use and problematic drug use compared with the general population.

Moreover prisons are an important component of the overall response to drug problems in Irish society. The scale of the activity and commitment of prison staff and other in-reach service providers in tackling this issue should be recognised. The prison environment provides a unique opportunity to support individuals to address addiction and in this regard it is essential that the range of treatment and intervention options available ensure the best possibility of a positive outcome.

Among the ways the Prison Service aims to support prisoners in maintaining drug free lives is by tackling the trafficking of contraband into prisons, including the smuggling of illegal drugs, thereby reducing supply. This is done alongside initiatives to reduce demand for drugs through the provision of drug treatment and addiction services to prisoners.  

In 2020, prior to the onset of the Covid-19 pandemic, the Prison Service had completed an initial review of the 2006 Drugs Policy with a view to developing a new Drugs Policy. The finalising of the new Policy was delayed due to the challenges presented to the Service in managing Covid. I am advised by my officials in the Prison Service that the work on the drafting of a new policy has recommenced with a view to publishing later this year.

The Prison Service has recently established a Steering Group to review the current Drug Treatment Programme and, if necessary, propose to revise this programme to ensure it is contemporaneous and in line with the goals of the National Drugs Strategy Reducing Harm, Supporting Recovery 2017 - 2025. This includes the provision of treatment, rehabilitation, recovery, education, information and support, so that those affected by substance misuse are empowered to improve their health, wellbeing and quality of life.

In addition, the Prison Service continues to work to enhance and improve its level of medical service delivery to prisoners.  The Service has embarked on a comprehensive Health Needs Assessment to examine the broad range of health care services that are provided across the entire prison estate. Addiction and substance misuse were among the issues examined by the review. 

Last April, together with the Minister for Health and Ministers of State Frank Feighan and Mary Butler, I established a High Level Taskforce to consider the mental health and addiction challenges of persons interacting with the criminal justice system. In recognition of the need for a cross-Government approach to meeting the complex needs of such people, the Taskforce comprises representatives from a wide cross-section of health agencies, the justice sector and other relevant stakeholders. The Taskforce is independently chaired by former Minister of State Kathleen Lynch and I am pleased to report that work on the Taskforce has been progressing at pace since it was established in April of last year. The Taskforce has already had ten plenary meetings and has established three subgroups on diversion; capacity issues in the Prison Service and National Forensic Mental Health Services; and community issues, including care after release. 

The subgroups comprises of relevant experts, chaired by high ranking officials from the criminal justice sector, with the health leads represented and contributing to all. Each of these groups have met on at least twelve occasions. The Taskforce has engaged with a large number of relevant bodies and civil society actors and it submitted an interim report to myself and the Minister for Health on 22 November 2021. I understand that the work of the Taskforce is nearing completion and a first draft of the final report is under consideration by the Taskforce. I expect to receive the final report and high level implementation plan for their recommendations in the coming weeks.

Prison Service

Ceisteanna (609)

Patrick Costello

Ceist:

609. Deputy Patrick Costello asked the Minister for Justice the number of drug overdoses which have taken place over the past five years in each institution in the Irish Prison Service in tabular form; and if she can provide details in the case of each if the outcome was fatal. [28000/22]

The following deferred reply was received under Standing Order 51.

As you will recall, the information you requested was not readily available at that time and the Minister undertook to respond to you as soon as possible with the relevant information. Please find a response to these questions provided below. I am advised by the Irish Prison Service that, having reviewed their systems, it is not possible to collate information in the format requested by the Deputy. The healthcare records of patients in the custody of the Irish Prison Service are recorded on the Prisoner Healthcare Management system (PHMS). The date and time of every healthcare intervention provided is recorded as part of a person's PHMS record. As the individual records are recorded in a narrative fashion, it is not possible to extract a report from PHMS to produce a summary of received medical treatment.

I can further advise the Deputy that where there is a fatality as a result of a drug overdose, an investigation is carried out by An Garda Siochána, the Office of the Inspector of Prisons, The Coroner’s Office and the Irish Prison Service. The fatality is recorded on the National Drug-Related Death Index (NDRDI) by the Health Research Board as part of the national reporting of drug deaths. In addition, the Irish Prison Service are engaging with the Health Research Board to examine how they currently interface with the Health Research Board and explore ways of enhancing and improving their reporting capability.

The Irish Prison Service has a number of longstanding treatment programmes for prisoners who present with substance abuse. The committal interview assessment initiates the modality and scope of treatment required, which can vary from a detoxification programme, to a stabilisation programme or a maintenance programme. All of these programmes are augmented by biopsychosocial counselling and motivational support.

In addition, the Irish Prison Service previously operated a National Drug Treatment Programme, which was located within the Medical Unit of Mountjoy Prison. This was an eight week programme that allowed prisoners to complete a methadone detoxification and engage in structured group work interventions which were provided by Coolmine, Ballymun Youth Action Project, Ana Liffey Drug Project and Merchants Quay Ireland (MQI). There were nine places available on this programme and any prisoner who wished to detoxify and address issues with addiction could seek admission to the programme. The programme included daily group work along with educational and fitness activities and participants were seen by an addiction counsellor for a weekly session.

The Programme was suspended on foot of the pandemic, however, in partnership with Merchants Quay Ireland, the programme was comprehensively reviewed and has recently recommenced and been renamed the Treatment and Recovery Programme (TARP).

Additionally, the Irish Prison Service has been an active member of the development of the National Drugs Strategy, “Reducing Harm, Supporting Recovery” and the Service works in conjunction with the Department of Health and other statutory and voluntary partners in achieving the aims of this strategy. This also links in with the National Strategy on the elimination of Hepatitis C, with bespoke programmes within the Irish Prison Service leading to the identification and treatment of Hepatitis C amongst people who misuse substances.

All of the work on supporting and treating people who misuse substances in prison is aimed at maintaining a continuum of care with community services on release from prison.

Finally, the Prison Service participates in a peer to peer overdose prevention programme with the Irish Red Cross. This programme runs throughout the year but with increased awareness campaigns at certain times, for example at Christmas.

I trust this information is of assistance.

Freagraí scríofa

Minister for Justice

I have sought the information requested by the Deputy from the Irish Prison Service, however, the information was not available in time. I will write to the Deputy once the information is to hand.

Human Rights

Ceisteanna (610)

Patrick Costello

Ceist:

610. Deputy Patrick Costello asked the Minister for Justice when the Optional Protocol to the Convention Against Torture will be implemented considering that a commitment in the Programme for Government was set for within 18 months of the formation of the Government a target which has since passed. [28001/22]

Freagraí scríofa

Minister for Justice

Ireland has already signed and ratified the UN Convention Against Torture and has also signed, but is yet to ratify, the Optional Protocol to this Convention (OPCAT). As the Deputy is aware, Ireland’s commitment to ratifying the OPCAT is set out in the Programme for Government.

The Protocol provides for the establishment of bodies known as National Preventive Mechanisms (NPM) which would inspect facilities where people can be held involuntarily. My Department is leading on the development of the legislation needed to facilitate the introduction of a multiple institution NPM model in this State which will allow for the ratification of OPCAT.

I am pleased to advise that the General Scheme of the Inspection of Places of Detention Bill is currently being finalised and I expect to be in a position to submit it to Government shortly.

Subject to approval, it will then be referred for drafting and I hope it will be possible to enact the Bill without undue delay.

Once this process has completed, Ireland will be in a position to ratify the Optional Protocol.

Prison Service

Ceisteanna (611)

Patrick Costello

Ceist:

611. Deputy Patrick Costello asked the Minister for Justice the number of prison officers dismissed by the Irish Prison Service in the past five years for breaches of discipline. [28002/22]

Freagraí scríofa

Minister for Justice

I am advised by the Director General of the Irish Prison Service that a total of 19 employees of the Irish Prison Service have been dismissed in the past 5 years. The numbers in respect of each year are detailed in the table below.

Year	2017	2019	2020
Total	10	5	2

I am advised that it is not possible to attribute reasons to these cases due to the small number of dismissals in some years, as this may allow for the people concerned or their personal circumstances to be identified. 

I can however advise, amongst the reasons for dismissals were disciplinary sanction, attendance issues, failure to complete academic requirements and failure to complete probation.

Departmental Schemes

Ceisteanna (612)

Thomas Gould

Ceist:

612. Deputy Thomas Gould asked the Minister for Justice the role her Department is taking in assisting community groups to apply for the Community Safety Innovation Fund. [27669/22]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, my Department opened applications for the new Community Safety Innovation Fund on 11 April.

Reflecting the success of An Garda Síochána and the Criminal Assets Bureau in identifying and seizing proceeds from criminal activity, the new fund will use money seized from the proceeds of crime to support investment in innovative community safety projects.

The Fund, which is expected to grow in the coming years, will have an initial outlay of €2m for this year and will be subject to a robust evaluation at the end of Year 1 to inform future decisions. The intention is that bids for further allocations will be part of the normal budgetary process.

It is anticipated that the kind of projects which may be supported will include new additional activities, not already covered by existing funding streams, intended to:

- tackle crime or reduce the fear of crime;

- improve community safety;

- support the creation of safe and resilient communities;

- reduce reoffending; or

- divert vulnerable individuals away from engagement in criminal behaviour.

- This Fund will ensure that the success of An Garda Síochána and CAB is reflected back into new investments in our communities, and on projects which will build strong and safe communities.

- Community Safety is about people being safe and, just as importantly, feeling safe within their communities. This, of course, goes beyond policing alone. This fund will ensure that the best proposals get the funding they need, and will encourage the development of innovative ways in which to improve community safety from those people who understand local needs best.

- The development of innovative ideas will also allow best practice on community safety and youth justice to be shared with other partnerships and communities nationally as new proposals are developed.

- The Fund is open to bodies involved in community safety and will support them in addressing local needs and opportunities for innovation not provided for in other funds managed by Departments and agencies. The call for applications for the Fund runs from 11 April until 8 June 2022 and grants will range from €20,000 to €150,000.

- An information webinar was held on 30 May to provide information for potential applicants to the scheme.

- If the Deputy is aware of any suitable projects, I would urge him to encourage them to apply for funding. Completed application forms are to be returned by 5pm on 8 June 2022 to a dedicated email address: [e-mail]

Further information is available on my Department's website at the following link: www.justice.ie/en/JELR/Pages/CSI-Fund-2022

Visa Applications

Ceisteanna (613)

Bernard Durkan

Ceist:

613. Deputy Bernard J. Durkan asked the Minister for Justice when the renewal of a stamp 4 visa is likely to occur in the case of a person (details supplied); and if she will make a statement on the matter. [28011/22]

Freagraí scríofa

Minister for Justice

The person referred to by the Deputy was granted permission to remain in the state as the parent of an Irish Citizen Child on 14 September 2018.

They should still be able renew their permission at their local registration office and should seek to do so immediately.

If they are resident in Dublin, they should do so on the online renewal system for the Burgh Quay Registration Office at: inisonline.jahs.ie/ . 

Any queries in relation to this can be directed to: [e-mail] .